What is ABTC? ABTC eligibility criteria in Vietnam

What is ABTC? ABTC eligibility criteria in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is ABTC?

According to Clause 1, Article 3 of Decision 09/2023/QD-TTg, 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.

2. ABTC eligibility criteria in Vietnam

Pursuant to Article 8 of Decision 09/2023/QD-TTg, the ABTC eligibility criteria include:

- 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.

3. ABTC eligible entities in Vietnam

According to Article 9 of Decision 09/2023/QD-TTg, the ABTC eligible entities in Vietnam include:

- Business people working for state-owned enterprises:

+ Presidents of the Board of Members, Presidents of the Board of Directors, Presidents of companies, members of the Board of Members, members of Board of Directors; General Directors, Deputy General Directors, Directors, Deputy Directors of enterprises, banks or bank branches;

+ Heads, Deputy Heads of Management Boards of industrial parks, export processing zones and economic zones;

+ Chief accountants, heads and deputy heads of boards, heads and deputy heads of departments in person related to business, trade, investment and service activities in enterprises; Heads of the branches of the enterprise.

- Presidents of the Board of Members, Presidents of the Board of Directors, Presidents of companies, General Directors, Deputy General Directors or Directors, Deputy Directors of enterprises affiliated to socio-political organizations; President, Vice President of Vietnam Federation of Trade and Industry; Heads and Deputy Heads of boards, Directors, Deputy Directors and Heads of Departments affiliated to Vietnam Federation of Trade and Industry.

- Vietnamese business people working for enterprises that are legally established under laws of Vietnam;

+ Sole proprietors, Presidents of the Board of Members, members of the Board of Members, Presidents of the Board of Directors, members of Board of Directors; Presidents of ompanies; General Directors or Directors, Deputy General Directors or Deputy Directors of enterprises;

+ President of the Board of Directors, members of Board of Directors, Directors or General Directors of cooperatives or joint cooperatives;

+ Chief accountants, Directors of divisions or Managers in person related to business, trade, investment and service activities in enterprises; Heads of the branches of the enterprise.

- Officials and public employees responsible for attending meetings, conferences, seminars and other economic cooperation and development of APEC.

- Heads, deputy heads of Vietnamese trade representative offices in member states or territories of APEC.

More details can be found in Decision 09/2023/QD-TTg effective as of July 10, 2023, replacing Decision 45/2006/QD-TTg, Decision 54/2015/QD-TTg.

Ho Quoc Tuan

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