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BỘ NGOẠI
GIAO
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CỘNG HÒA
XÃ HỘI CHỦ NGHĨA VIỆT NAM
Độc lập - Tự do - Hạnh phúc
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Số: 38/2023/TB-LPQT
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Hà Nội,
ngày 28 tháng 11 năm 2023
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THÔNG BÁO
VỀ VIỆC ĐIỀU
ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Thực hiện quy định tại Điều
56 của Luật Điều ước quốc tế năm 2016, Bộ Ngoại giao trân trọng thông báo:
Bản ghi nhớ giữa
Chính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ Ma-lai-xia Liên
quan Mục D (Dịch vụ thẻ thanh toán điện tử) của Phụ lục 11-B (Các cam kết cụ thể)
tại Chương 11 (Dịch vụ tài chính) của Hiệp định Đối tác Toàn diện và Tiến bộ
xuyên Thái Bình Dương, ký ngày 08 tháng 3 năm 2018 tại San-ti-a-gô
đờ Chi-lê, có hiệu lực từ ngày 29 tháng 11 năm 2022.
Bộ Ngoại giao trân trọng gửi bản sao Bản
ghi nhớ theo quy định tại Điều 59 của Luật nêu trên./.
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TL. BỘ
TRƯỞNG
KT. VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
PHÓ VỤ TRƯỞNG
Nguyễn Lương Ngọc
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5 March
2018
His Excellency
Mr. Tran Tuan Anh
Minister of Industry and Trade
Socialist Republic of Viet Nam
Dear Minister,
In connection with the signing on 8
March 2018 of the Comprehensive and Progressive Agreement for Trans-Pacific
Partnership (the “Agreement”), I have the honour to confirm the following
agreement reached between representatives of the Government of Malaysia and the
Government of the Socialist Republic of Viet Nam (“Viet Nam”):
Nothing in Section D (Electronic
Payment Card Services) of Annex 11-B (Specific Commitments) to Chapter 11
(Financial Services) of the Agreement restricts the right of Malaysia to adopt
or maintain measures that condition the cross-border supply of electronic
payment services into Malaysia by a service supplier of another Party on a
requirement that such electronic payment services are supplied through a
payment system operated in Malaysia by an entity approved by Bank Negara
Malaysia (hereinafter referred to as an “approved operator of payment system in
Malaysia”).
Any such measure shall:
(1) be applicable only to electronic
payment services for payment card transactions made in Malaysia using payment cards
issued in Malaysia;
(2) not be used as a means of avoiding
Malaysia’s obligations under Section D (Electronic Payment Card Services);
(3) not result in creating a
competitive disadvantage to any service suppliers of Malaysia and of another
Party;
(4) ensure the security, speed, or
reliability of the services, and preserve the ability of service suppliers of
another Party to innovate; and
(5) not impose unreasonable costs,
directly or indirectly, on service suppliers of another Party.
If an approved operator of payment
system in Malaysia and a supplier of another Party enter into an agreement or
agreements for the processing of electronic payment transactions that set out
standards for operation of that payment system, compliance with the terms of
the agreement or agreements shall be deemed to satisfy Malaysia's obligations
under paragraphs 3, 4 and 5 with respect to that supplier.
I have the honour to propose that this
letter and your letter of confirmation in reply shall constitute an agreement
between our two Governments, subject to dispute settlement under Chapter 28
(Dispute Settlement) of the Agreement, which shall enter into force on the date
of entry into force of the Agreement as between Malaysia and Viet Nam.
Sincerely,
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Mustapa Mohamed
Minister of International Trade and Industry
Malaysia
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8 March
2018
His Excellency
Mr. Mustapa Mohamed
Minister of International Trade and Industry
Malaysia
Dear Minister,
I have the honour to acknowledge
receipt of your letter of 5 March 2018 which reads as follows:
“In connection with the signing on 8
March 2018 of the Comprehensive and Progressive Agreement for Trans-Pacific
Partnership (the “Agreement"), I have the honour to confirm the
following agreement reached between representatives of the Government of Malaysia
and the Government of the Socialist Republic of Viet Nam (“Viet Nam”):
Nothing in Section D (Electronic Payment
Card Services) of Annex 11-B (Specific Commitments) to Chapter 11 (Financial
Services) of the Agreement restricts the right of Malaysia to adopt or maintain
measures that condition the cross-border supply of electronic payment services
into Malaysia by a service supplier of another Party on a requirement that such
electronic payment services are supplied through a payment system operated in
Malaysia by an entity approved by Bank Negara Malaysia (hereinafter referred to
as an “approved operator of payment system in Malaysia”).
Any such measure shall:
(1) be applicable only to electronic
payment services for payment card transactions made in Malaysia using payment
cards issued in Malaysia;
(2) not be used as a means of avoiding
Malaysia’s obligations under Section D (Electronic Payment Card Services);
(3) not result in creating a
competitive disadvantage to any service suppliers of Malaysia and of another
Party;
(4) ensure the security, speed, or
reliability of the services, and preserve the ability of service suppliers of
another Party to innovate; and
(5) not impose unreasonable costs,
directly or indirectly, on service suppliers of another Party.
If an approved operator of payment
system in Malaysia and a supplier of another Party enter into an agreement or
agreements for the processing of electronic payment transactions that set out
standards for operation of that payment system, compliance with the terms of
the agreement or agreements shall be deemed to satisfy Malaysia’s obligations
under paragraphs 3, 4 and 5 with respect to that supplier.
I have the honour to propose that this
letter and your letter of confirmation in reply shall constitute an agreement
between our two Governments, subject to dispute settlement under Chapter 28
(Dispute Settlement) of the Agreement, which shall enter into force on the date
of entry into force of the Agreement as between Malaysia and Viet Nam.”
I have the honour to confirm that my
Government shares this understanding, and that your letter and this letter in
reply shall constitute an agreement between our two Governments, subject to
dispute settlement under Chapter 28 (Dispute Settlement) of the Comprehensive
and Progressive Agreement for Trans-Pacific Partnership, which shall enter
into force on the date of entry into force of the Agreement as between the Socialist
Republic of Viet Nam and Malaysia.
Yours sincerely,
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Tran Tuan Anh
Minister of industry and Trade
Socialist Republic of Viet Nam
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