|
THE PEOPLE’S COMMITTEE OF HO CHI MINH CITY
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
---------------
|
|
No.
05/2014/QĐ-UBND
|
Ho Chi Minh
City, January 17, 2014
|
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
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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./.
PP THE
PEOPLE’S COMMITTEE OF HO CHI MINH CITY
THE PRESIDENT
Le Hoang Quan
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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);
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- 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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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);
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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./.