According to the law in Vietnam, can APEC business people use APEC Business Travel Card (ABTC) instead of VISA?

According to the law in Vietnam, what are forms of APEC Business Travel Card (ABTC)?

Pursuant to Article 4 of the Decision 09/2023/QĐ-TTg stipulating form of ABTC as follows:

Form of ABTC

1. The ABTC has two forms: physical card and virtual card. A physical ABTC and a virtual ABTC have the same legal validity.

2. Physical ABTC card is a rectangular shaped card that is printed on special materials, utilizing technology that is common to all participating economies and meeting the International Civil Aviation Organization's standards.

3. Virtual ABTC is a card issued on a virtual interface through the ABTC application on a smart electronic device connected to the internet.

4. Vietnamese business people choose physical ABTC or virtual ABTC in their discretion.

As regulations above, the ABTC has two forms: physical card and virtual card.

- Physical ABTC card is a rectangular shaped card that is printed on special materials, utilizing technology that is common to all participating economies and meeting the International Civil Aviation Organization's standards.

- Virtual ABTC is a card issued on a virtual interface through the ABTC application on a smart electronic device connected to the internet.

A physical ABTC and a virtual ABTC have the same legal validity.

What are eligibility criteria for issuance of ABTC for the agency, organization for which the business person is working in Vietnam?

Pursuant to Article 8 of the Decision 09/2023/QĐ-TTg stipulating ABTC eligibility criteria as follows:

ABTC eligibility criteria

1. Eligibility criteria for the agency, organization for which the business person is working:

There is a need to send personnel on a regular, short-term travel to attend conferences, seminars, annual meetings, and other activities related to cooperation and economic development within APEC.

2. Eligibility criteria for the enterprise for which the business person is working:

a) The enterprise has operated continuously for 12 months or more, has strictly abided by the provisions of law on trade, tax, customs, labor, social insurance and other relevant laws;

b) The enterprise has to engage in signing and direct business cooperation with partners of participating economies;

c) There is a need to send personnel on a regular, short-term travel to engage in business cooperation, trade, investment, service or other business purposes in participating economies.

3. Eligibility criteria for ABTC applicant:

a) He/she is 18 years of age or older, and has active legal capacity;

b) He/she has worked and held a specific position in the agency, organization, enterprise for at least 12 months up to the date of application for approval for ABTC eligibility;

c) He/she does not fall under cases of temporary suspension from exit as prescribed in Article 36 of the Law on exit and entry of Vietnamese citizens.

As regulations above,

Eligibility criteria for the agency, organization for which the business person is working:

- There is a need to send personnel on a regular, short-term travel to attend conferences, seminars, annual meetings, and other activities related to cooperation and economic development within APEC.

Eligibility criteria for the enterprise for which the business person is working:

- The enterprise has operated continuously for 12 months or more, has strictly abided by the provisions of law on trade, tax, customs, labor, social insurance and other relevant laws;

- The enterprise has to engage in signing and direct business cooperation with partners of participating economies;

- There is a need to send personnel on a regular, short-term travel to engage in business cooperation, trade, investment, service or other business purposes in participating economies.

Eligibility criteria for ABTC applicant:

- He/she is 18 years of age or older, and has active legal capacity;

- He/she has worked and held a specific position in the agency, organization, enterprise for at least 12 months up to the date of application for approval for ABTC eligibility;

- He/she does not fall under cases of temporary suspension from exit as prescribed in Article 36 of the Law on exit and entry of Vietnamese citizens.

According to the law in Vietnam, can APEC business people use ABTC instead of VISA?

Pursuant to Clause 1 and 3, Article 3 of the Decision 09/2023/QĐ-TTg stipulating ABTC as follows:

Interpretation of terms

For the purposes of this Decision, these terms below shall be construed as follows:

1. ABTC is a card issued by the competent authority of an APEC participating economy (hereinafter referred to as participating economy) to its business people after receiving the approval for entry from other participating economies.

...

3. Foreign business people are business people of participating economies who have their personnel reviewed or hold an ABTC card to enter Vietnam.

As regulations above, APEC business people with ABTC are exempt from visa when entering countries that are members of the APEC economy. When APEC business people enter non-member countries, they still need a visa according to regulations.

Vietnamese business people with ABTC cards can go to the countries listed below with the maximum length of stay for each member country as follows:

1. Australia (Australia - AUS): length of stay with ABTC: 90 days

2. Chile (Chile - CHL): length of stay with ABTC: 90 days

3. New Zealand - NZL: length of stay with ABTC: 90 days

4. China (China - CHN): length of stay with ABTC: 60 days

5. Hong Kong (Hong Kong - HKG): length of stay with ABTC: 60 days

6. Japan (Japan - JPN): length of stay with ABTC: 90 days

7. Korea (Korea - KOR): length of stay with ABTC: 90 days

8. Taiwan (Chinese Taipei - TWN): length of stay with ABTC: 90 days

9. Thailand (Thailand - THA): length of stay with ABTC: 90 days

10. Malaysia - MYS: length of stay with ABTC: 60 days

11. Indonesia - IDN: length of stay with ABTC: 60 days

12. Russia (Russia - RUS): length of stay with ABTC: from 14 to 90 days

13. Singapore - SGP: length of stay with ABTC: 60 days

14. Philippines - PHL: length of stay with ABTC: 59 days

15. Brunei (Brunei Daussalam - BRN): length of stay with ABTC: 90 days

16. Papua New Guinea (Papua New Guinea - PNG): length of stay with ABTC: 60 days

17. Peru (Peru - PER): length of stay with ABTC: 90 days

18. Mexico (Mexico - MEX): length of stay with ABTC: 90 days

19. Vietnam (Vietnam - VNM): length of stay with ABTC: 60 days

20. The United States of America - USA: may be required to have a valid Visa if so required by current US law.

21. Canada: may be required to have a valid Visa if so required by current Canadian law.

Best regards!