Quyết định 05/2014/QD-UBND

DECISION

PROMULGATING THE STATUTE ON ISSUANCE OF APEC BUSINESS TRAVEL CARDS TO HO CHI MINH CITY-BASED BUSINESS PEOPLE

THE PEOPLE’S COMMITTEE OF HO CHI MINH CITY

Pursuant to the Law on Organization of the People’s Councils and the People’s Committees dated November 26, 2003;

Pursuant to the Prime Minister’s Decision No. 45/2006/QĐ-TTg dated February 28, 2006 promulgating the Statute on issuance and management of APEC business travel cards;

Pursuant to the Ministry of Public Security’s Circular No. 10/2006/TT-BCA dated September 18, 2006 instructing the implementation of the Statute on issuance and management of APEC business travel cards under the Prime Minister’s Decision No. 45/2006/QĐ-TTg dated February 28, 2006; and the Ministry of Public Security’s Circular No. 07/2013/TT-BCA dated January 30, 2013 amending and supplementing a number of articles of the Ministry of Public Security’s Circular No. 27/2007/TT-BCA dated November 29, 2007 providing guidance on issuance of, amendments and supplements to popular passports and Circular No. 10/2006/TT-BCA dated September 18, 2006 providing guidance on implementation of issuance and management of APEC travel cards;

At the request of Director of the Service of Planning and Investment at the Official Dispatch No. 10842/SKHĐT-ĐKĐT dated December 16, 2013;

HEREBY DECIDE

Article 1. Enclosed herewith is the Statute on issuance of APEC business travel cards to Ho Chi Minh City-based business people.

Article 2. This Decision takes effect after 10 (ten) working days since the signing date and replaces the People’s Committee of Ho Chi Minh City’s Decision No. 12/2009/QĐ-UBND dated January 30, 2009 on issuance of APEC business travel cards to Ho Chi Minh City-based business people.

Article 3. Chief officers of the City’s People’s Committee, director of the Service of Planning and Investment, director of Municipal Police, director of the Service of Home Affairs, heads of processing, exporting and industrial zone management boards, head of hi-tech zone management boards, head of Thu Thiem New Urban Area Investment and Construction Project Management Board, head of Northwest Urban Area Management Board, head of Southern Area Management Board, undersecretaries of Municipal departments and bodies, presidents of People’s committees of districts, relevant businesses and individuals shall be responsible for executing this Decision./.

THE STATUTE

ON ISSUANCE OF APEC BUSINESS TRAVEL CARDS TO HO CHI MINH CITY-BASED BUSINESS PEOPLE (Enclosed with the Decision No. 05/2014/QĐ-UBND  dated January 17, 2014 of the People’s Committee of Ho Chi Minh City)

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope and regulated entities

This Statute provides specific regulations on subjects, conditions, sequence, procedures, time limit and responsibilities of agencies, businesses for making requests for issuance of APEC business travel cards (hereinafter referred to as ABTC) to state officials, public servants and business people based in Ho Chi Minh City.

Article 2. Cases eligible for use of ABTC

1. Vietnamese business people who are working in businesses established and operating under the Law on Enterprise, the Law on Cooperatives and the Law on Investment in Vietnam and are directly involved in negotiation and entrance of contracts with foreign partners of APEC countries or territories including:

- Presidents, deputy presidents of the Board of Directors of joint-stock companies, presidents or deputy presidents of Member assembly of limited liability companies; owners of private enterprises;

- General directors, deputy general directors, directors or deputy directors;

- Chief accountants;

- Directors or managers in charge of professional departments;

- Deputy directors or assistant managers in charge of professional departments (applicable only to business people working in state-owned single member limited companies);

- Heads of enterprises’ branches (directors);

- Heads of cooperatives and presidents of cooperatives' management boards;

2. Officials and civil servants as heads, deputies of departments, regulatory bodies affiliated to the City’s People’s Committee who are responsible for participating in meetings, conferences, seminars and other economic activities of APEC.

Article 3. Conditions eligible for use of ABTC

1. For business people from businesses:

a) Have popular passports remaining unexpired for at least three years since the submission of request for issuance of ABTC;

B) Currently work in businesses as prescribed in Article 2 hereof and involved in activities of cooperation, trading, investment and services with partners from APEC economies participating in ABTC;

c) Work in businesses under employment contracts, receive decision on appointment and take part in social insurance according to the law provisions;

d) As a person from 18 years of age with his/her civil acts not restricted or lost;

dd) As owners, limited partners or work under employment contracts (Unlimited term contracts) for at least 12 months before the submission of request for issuance of ABTC;

e) Have regular demands for short business trips to APEC economies for contracting or carrying out business undertakings;

g) Work in businesses with revenues at least VND 10 billion/year or total import, export quota equivalent to VND 10 billion in a most recent year;

2. For state officials, public servants:

a) Have popular passports remaining unexpired for at least three years since the submission of request for issuance of ABTC;

b) Assigned to take part in meetings, conferences, seminars and other economic activities of APEC under the Decision issued by the City’s People’s Committee;

Chapter 2.

SEQUENCE, PROCEDURES, RESPONSIBILITIES OF AGENCIES FOR MAKING REQUEST FOR ISSUANCE OF ABTC TO HO CHI MINH CITY-BASED BUSINESS PEOPLE

Article 4. Agencies assigned to provide advice to the City’s People’s Committee on issuance of ABTC as follows:

1. Processing, exporting and industrial zone management boards as a hub for receiving requests from business people from businesses as prescribed in Article 2 who are currently working in Ho Chi Minh City-based processing, exporting and industrial zones, carrying out considerations and making submission to the City’s People’s Committee for issuance of ABTC;

2. Hi-tech zone management boards as a hub for receiving requests from business people from businesses as prescribed in Article 2 who are currently working in Ho Chi Minh City-based hi-tech zones, carrying out considerations and making submission to the City’s People’s Committee for issuance of ABTC;

3. Southern Urban Zone Management Board as a hub for receiving requests from business people from businesses as prescribed in Article 2 who are currently working in the Southern Urban Area, carrying out considerations and making submission to the City’s People’s Committee for issuance of ABTC;  

4. Thu Thiem New Urban Area Investment and Construction Project Management Board as a hub for receiving requests from business people from businesses as prescribed in Article 2 who are currently working in Thu Thiem New Urban Area;

5. Southern Urban Zone Management Board as a hub for receiving requests from business people from businesses as prescribed in Article 2 who are currently working in the Southern Urban Area, carrying out considerations and making submission to the City’s People’s Committee for issuance of ABTC;

6. The Service of Planning and Investor as a hub for receiving requests from subjects as prescribed in Article 2 and not prescribed in Clauses 1, 2, 3, 4 of this Article, carrying out considerations and making submission to the City's People's Committee for issuance of ABTC;

Article 5. Responsibilities of concerned authorities

1. Municipal Police, Municipal Department of Taxation, Municipal Social Insurance, the Service of Labor, Invalids and Social Affairs, Municipal Customs Departments, the Service of Industry and Trade shall be responsible for providing information at the request of the agencies as a hub of receiving requests as prescribed in Article 4 hereof on compliance with the laws by businesses and business people within assigned tasks as follows:

a) Municipal Police shall be responsible for providing information on compliance with the laws by local business people;

b) The Service of Industry and Trade shall be responsible for providing information on compliance with the laws by commercial businesses.

c) Municipal Social Insurance shall be responsible for providing information on compliance with the laws by social insurance businesses and business people and providing number of business people who are taking part in social insurance with their businesses.

d) Municipal Provincial Department of Taxation shall be responsible for providing information on compliance with the laws by tax businesses, providing figures on the businesses’ revenues in most recent year, and determining if business people are working on monthly salaries or on businesses’ profits.

dd) Municipal Customs Departments shall be responsible for providing information on compliance with the laws by customs businesses, and providing figures on the businesses’ import, export quotas in most recent year.

e) Services of Labor, Invalids and Social Affairs shall be responsible for providing information on compliance with the laws by employment businesses and determining if business people are on the list of employees of the businesses.

2. Within five working days since receipt of written requests from the agencies as prescribed in Article 4 hereof, concerned authorities shall be responsible for providing information to the agencies as requested. After such period, if the agencies that submit written requests have not received the information, the authorities responsible for providing the information shall be deemed to have agreed and be responsible for any information stated in the requests.

Written confirmations from concerned authorities on compliance with the laws by businesses shall be valid for three months.

3. The agencies as prescribed in Article 4 shall be responsible for inspecting compliance with regulations set out hereof within assigned tasks. Upon detection of violation, a written notification must be made to the City’s People’s Committee for cooperation with Immigration Administration and functional agencies for handling as prescribed.

Article 6. Documentation and procedures for requesting issuance of ABTC

1. For business people from businesses in need of issuance of ABTC, two (02) sets of documentation must be submitted to the agencies as prescribed in Article 4 hereof. The documentation includes:

a) A written request signed and stamped by legal representatives of businesses (Form A);

b) Copy of one of the following documents: foreign trade contracts, joint-venture contracts, partnership contracts, service supply contracts companied by copy of one of documentary evidence concerning contract performance such as Letter of Credit, bill of lading, customs declaration sheet, payment invoices or other written confirmations no more than 12 months up to the time of submission of request for issuance of ABTC (attached with originals for comparison) If such documents are in foreign languages, Vietnamese translation must be enclosed;

c) Passports (copy);

d) Decision on appointment (copy);

dd) Employment contracts (copy);

e) If business people are persons who work under employment contract as prescribed in Clause 6, Article 3 hereof, written confirmations on social insurance (according to Form as instructed by social insurance agencies) must be enclosed; if business people are owners of businesses who are not on a monthly salary and not subject to social insurance according to the laws, a written commitment by the business must be enclosed.

2. For state officials, public servants who are in need of issuance of ABTC, two (02) sets of documentation must be submitted to the Service of Planning and Investment. The documentation includes:

a) Written request issued by departments, regulatory bodies (Form B);

b) The Decision on appointment for overseas business trip by the City's People's Committee (copy) for participation in meetings, conferences, seminars and other economic activities of APEC;

c) Popular passports (copy);

Article 7. Sequence of consideration for issuance of ABTC

1. For documentation submitted by businesses:

Within seven working days since receipt of documentation as prescribed in Clause 1, Article 6, the agencies as prescribed in Article 4 hereof shall be responsible for examining, verifying and settling the documentation, making written requests to functional agencies for suggestions on compliance with the laws by the businesses and making submission to the City’s People’s Committee for consideration.

In case the documentation does not meet conditions as prescribed, within seven working days, the agencies as prescribed in Article 4 hereof shall issue a written reply to businesses with reasons specified and return the documentation to businesses.

Within three working days since receipt of documentation, Office of the City’s People’s Committee shall consider the documentation and make submission to president of the City’s People’s Committee for issuance of a written endorsement for use of ABTC. After the written endorsement is issued by the City’s People’s Committee, it (the endorsement) shall be returned to the document handling agency for providing further instructions to business people on making contact with Immigration Administration - the Ministry of Public Security for issuance of cards.

2. For documentation submitted by departments, regulatory bodies

Within five working days since receipt of documentation as prescribed in Clause 2, Article 6, the Service of Planning and Investment shall be responsible for examining, verifying and settling the documentation, providing advice to the City’s People’s Committee on consideration and issuance of ABTC.

In case the documentation does not meet conditions as prescribed, within five working days, the Service of Planning and Investment shall issue a written reply to departments and regulatory bodies with reasons specified and return the documentation to the units.

Within three working days since receipt of documentation, Office of the City’s People’s Committee shall consider the documentation and make submission to president of the City’s People’s Committee for issuance of written endorsement for use of ABTC. After the written endorsement is issued by the City’s People’s Committee, it (the endorsement) shall be returned to the Service of Planning and Investment for providing further instructions to departments and regulatory bodies on making contact with Immigration Administration - the Ministry of Public Security for issuance of cards.

3. The City’s People’s Committee’s written endorsement for issuance of ABTC is valid within three months since the signing date.

When an ABTC expires and the person who is granted the ABTC (hereinafter referred to as card holder) needs to extend use of ABTC, he/she must perform procedures as prescribed in Clauses 1, 2, Article 6 hereof.

Chapter 3.

COORDINATION AND ORGANIZATION OF IMPLEMENTATION

Article 8. Coordination between concerned authorities

1. Heads of the agencies as prescribed in Articles 4, 5 hereof shall be responsible for arranging their apparatus, personnel and appropriate facilities for implementation of this task; shall be responsible to the City’s People’s Committee for leaving obstacles or difficulties to businesses.

2. During exchanges of information, concerned authorities need quick and effective coordination to facilitate issuance of ABTC to business people.

3. In case competent agencies as prescribed in Article 5 hereof detect an information declared untrue or inaccurate as well as failure to comply with the Law on Enterprises and regulations on use of ABTC, these agencies shall issue a written notice to the agencies as prescribed in Article 4 hereof for submission to the City’s People’s Committee for asking Immigration Administration - the Ministry of Public Security to announce ABTC of such business people no longer valid for traveling to the countries or territories of APEC.

Article 9. Responsibilities of units with their people using ABTC

1. On an annual basis, report use of ABTC by card holders of their own units including information according to Form enclosed herewith and send it to the agencies as prescribed in Article 4 hereof. Deadline for reporting is January 31 of the following year.

2. Take responsibility for accuracy of information declared in the report and strictly complying with the laws of Vietnam and regulations of the countries and territories of APEC applicable to card holders.

3. Strictly comply with the laws on enterprises, investment, commerce, taxation, customs, employment and social insurance as well as regulations on use of ABTC.

4. In case a card holder changes job and no longer holds the title or resigns, his/her unit must be responsible for revoking the card and returning it to Immigration Administration - the Ministry of Public Security, and making notification to the agencies as prescribed in Article 4 hereof for making the report to the City’s People’ Committee.

5. In case a card holder loses the card, his/her unit must be responsible for making notification to Immigration Administration - the Ministry of Public Security as prescribed in Article 4 of the Statute enclosed with the Prime Minister’s Decision No. 45/2006/QĐ-TTg dated February 28, 2006 promulgating regulations on issuance and management of APEC business travel cards, and to the agencies as prescribed in Article 4 hereof for making the report to the City’s People’s Committee.

Article 10. Manner of handling

1. If a unit fails to make notifications or makes the report not in accordance with the time as prescribed in Clause 1, Article 9 hereof, the City’s People’s Committee shall issue a written notice to Immigration Administration about termination of validity of the cards issued to the unit’s individuals, and shall not issue ABTC within 12 months since the notice on termination of the card is issued.

2. If a unit commits dishonesty in making the report (falsified card holders or use of cards for wrong purposes), the City’s People’s Committee shall issue a written notice to Immigration Administration about termination of validity of the cards issued to the unit’s individuals, and shall not issue ABTC within three years since the notice on termination of the card is issued.

3. In case the unit is detected in violation of provisions set out in Clause 3, Article 9 hereof, the unit's application for issuance of ABTC shall be postponed from consideration within six months since the violation is detected.

4. If the unit is detected in violation of provisions set out in Clauses 4, 5 hereof, the cards issued to its individuals shall become invalid.

5. If the unit is detected to have falsified introduction of its people (introduction of wrong people, or people that fail to meet criteria or conditions for issuance of ABTC), the City’s People’s Committee shall issue a written notice to Immigration Administration about termination of validity of the cards issued to the unit’s individuals, and shall not re-issue ABTC to the unit’s individuals, and at the same time transfer it to functional agencies for consideration and handling according to the law provisions.

For other cases not prescribed hereof, the agencies as prescribed in Article 4 shall make the report and submission to the City’s People’s Committee for consideration and decision.

Article 11. Implementary clause

Director of the Service of Planning and Investment shall preside over and cooperate with heads of processing, exporting and industrial zone management boards, head of Thu Thiem New Urban Area Investment and Construction Project Management Board, head of Northwest Urban Area Management Board, head of Southern Area Management Board, director of Municipal Police, director of the Service of Industry and Trade, director of Municipal Department of Taxation, director of Municipal Customs Department, director of Services of Labor, Invalids and Social Affairs, director of Municipal Social Insurance shall be responsible for executing this Statute./.