TPP - Chapter 12 - Temporary Entry for Business Persons to Vietnam

CHAPTER 12

TEMPORARY ENTRY FOR BUSINESS PERSONS

Article 12.1: Definitions

In this Chapter:

A business person is:

(a) an individual who is a national of a Party to the Agreement as per Annex 1-A (Definition of Each Party), or

(b) an individual residing in a Party to the Agreement who, prior to the effective date of this Agreement, had notified in accordance with Article XXVIII(k)(ii)(2) of the General Agreement on Trade in Services (GATS) that the Party would accord to such residents treatment similar to that accorded to the nationals of that Party, and is engaged in the trade of goods, the provision of services, or the conduct of investment activities, including the organization and management thereof.

Entry procedures include visas, permits, entry and exit documents, or other documents, or electronic authorization issued for temporary entry.

Entry management measures are any measures affecting the entry and stay of foreign nationals.

Temporary entry is the entry into the territory of a Party by a business person of another Party without the intent of establishing permanent residency.

Article 12.2: Scope of Application

1. This Chapter does not apply to measures affecting the temporary entry of business persons of one Party into the territory of another Party.

2. This Chapter does not apply to measures affecting individuals seeking access to the labor market of another Party, nor does it apply to measures related to citizenship, nationality, residence, or long-term employment.

3. Nothing in this Agreement prevents a Party from applying measures to regulate the entry of individuals from another Party into its territory or their temporary stay therein, including measures necessary to protect the integrity of borders and to ensure orderly movement of individuals across borders, provided that such measures are not applied in a manner that would nullify or impair the benefits accruing to any Party under this Chapter.

4. The mere requirement by a Party that a business person of another Party comply with entry and exit procedures shall not be considered as nullifying or impairing the benefits accruing to any Party under this Chapter.

Article 12.3: Entry Procedures

1. Each Party shall, upon receipt of a complete application for entry, promptly make a decision on the application and inform the applicant of the decision. If approved, the decision shall specify the duration of stay and other relevant conditions.

2. Upon request from the applicant, the Party shall expeditiously provide information on the status of the application.

3. Each Party shall ensure that its entry processing fees are reasonable and do not unduly delay or hinder the trade in goods, the supply of services, or investment activities as provided under this Agreement.

Article 12.4: Grant of Temporary Entry

1. Each Party shall set out in Annex 12-A the specific commitments regarding the temporary entry of business persons, including conditions and limitations on entry and temporary stay durations for different categories of business persons as per the Party’s regulations.

2. A Party shall grant temporary entry or extension of temporary stay to business persons of another Party within the agreed limits, provided these individuals:

(a) comply with the entry procedures of the granting Party, and

(b) meet the relevant conditions for temporary entry or extension of temporary stay.

3. The mere grant of temporary entry under this Chapter does not exempt the business person from complying with applicable licensing and other regulations, including mandatory professional conduct standards.

4. A Party has the right to refuse entry if the temporary entry of a business person could adversely affect:

(a) the resolution of a labor dispute at the current or intended worksite, or(b) the employment of any person involved in such a dispute.

5. When a Party refuses entry under paragraph 4, it shall notify the applicant of the refusal.

Article 12.5: Business Travel

The Parties commit to enhancing the mobility of business persons through APEC initiatives, including the development of Trusted Traveler Programs and support for the expansion of the APEC Business Travel Card program.

Article 12.6: Provision of Information

Pursuant to Article 26.2 (Transparency) and Article 26.5 (Provision of Information), each Party shall:

(a) promptly publish online or otherwise make available in a widely accessible manner, information on:

(i) current requirements for temporary entry under this Chapter, including clear, easily understandable forms and documents that assist interested business persons from the other Party in becoming acquainted with such requirements, and

(ii) specific processing times for entries, and

(b) establish or maintain appropriate mechanisms to respond to inquiries from interested individuals regarding measures affecting temporary entry.

Article 12.7: Business Person Temporary Entry Committee

1. The Parties shall establish a Business Person Temporary Entry Committee (Committee) with representatives from the government of each Party.

2. The Committee shall meet every three years, or as otherwise agreed, to:

(a) review the implementation and operation of this Chapter,(b) assess the Parties’ ability to facilitate further temporary entry of business persons, including the development of commitments under Article 12.8 (Cooperation), and(c) address other issues arising under this Chapter.

3. A Party may propose consultations with one or more other Parties to achieve the objectives set out in paragraph 2. These consultations may be held at a time and place agreed upon by the Parties involved.

Article 12.8: Cooperation

Recognizing that the Parties can benefit from sharing experiences and procedures related to visa application processing and border security, the Parties shall consider committing to cooperative activities within available resources through:

(a) consultation on implementing and operating electronic visa processing systems,(b) sharing best practices and technologies related to:

(i) border security, including biometrics, advanced passenger information systems, frequent traveler programs, and secure travel document measures, and

(ii) expedited processing to reduce physical infrastructure and workload, and

(c) collaboration in multilateral forums aimed at enhancing capability in areas described in (a) and (b).

Article 12.9: Relation to Other Chapters

1. Except as provided in this Chapter and Chapter 1 (Initial Provisions and General Definitions), Chapter 27 (Administrative and Institutional Provisions), Chapter 28 (Dispute Settlement), Chapter 30 (Final Provisions), Article 26.2 (Transparency), and Article 26.5 (Provision of Information), no provision of this Agreement imposes obligations concerning entry management measures.

2. Nothing in this Chapter should be interpreted to impose obligations or commitments under any other chapter of this Agreement.

Article 12.10: Dispute Settlement

1. No Party may invoke dispute resolution procedures under Chapter 28 (Dispute Settlement) for a refusal to grant temporary entry unless:

(a) the issue involves the enforcement mechanism, and(b) affected business persons have exhausted most administrative remedies.

2. Remedies under 1(b) shall be deemed exhausted if a Party fails to render a final decision within a reasonable period from the date the dispute resolution mechanism should have offered a remedy, including the provision for review or appeal, and such failure is not largely attributable to delays from the business person concerned.

1 According to point (b), "citizens" is as defined in Article XXVIII(k)(ii)(2) of the GATS.

ANNEX CHAPTER 12

TABLE OF CONTENTS

TPP - Chapter 00 - Preamble

TPP - Chapter 01 - Initial Provisions and General Definitions

TPP - Chapter 02 - National Treatment and Market Access for Goods

TPP - Chapter 03 - Rules of Origin and Origin Procedures

TPP - Chapter 04 - Textiles and Apparel

TPP - Chapter 05 - Customs Administration and Trade Facilitation

TPP - Chapter 06 - Trade Remedies

TPP - Chapter 07 - Sanitary and Phytosanitary Measures

TPP - Chapter 08 - Technical Barriers to Trade

TPP - Chapter 09 - Investment

TPP - Chapter 10 - Cross-Border Trade in Services

TPP - Chapter 11 - Financial Services

TPP - Chapter 12 - Temporary Entry for Business Persons

TPP - Chapter 13 - Telecommunications

TPP - Chapter 14 - Electronic Commerce

TPP - Chapter 15 - Government Procurement

TPP - Chapter 16 - Competition Policy

TPP - Chapter 17 - State-Owned Enterprises and Designated Monopolies

TPP - Chapter 18 - Intellectual Property

TPP - Chapter 19 - Labor

TPP - Chapter 20 - Environment

TPP - Chapter 21 - Cooperation and Capacity Building

TPP - Chapter 22 - Competitiveness and Business Facilitation

TPP - Chapter 23 - Development

TPP - Chapter 24 - Small and Medium-Sized Enterprises

TPP - Chapter 25 - Regulatory Coherence

TPP - Chapter 26 - Transparency and Anti-Corruption

TPP - Chapter 27 - Administrative and Institutional Provisions

TPP - Chapter 28 - Dispute Settlement

TPP - Chapter 29 - Exceptions and General Provisions

TPP - Chapter 30 - Final Provisions

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