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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: 33/2023/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 Bru-nây Đa-rút-xa-lam
liên quan Mục D (Dịch vụ thẻ thanh toán điện tử) của Phụ lục 11-B (Các cam kết
cụ thể) 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 12 tháng 7
năm 2023.
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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Your Reference:
Our Reference:
8 March
2018
His Excellency
Mr. Tran Tuan Anh
Minister of Industry and Trade
Socialist Republic of Viet Nam
Dear Minister,
I am pleased to acknowledge receipt of
your letter of 8 March 2018 which reads as follows:
“In connection with
the signing on this date of the Comprehensive and Progressive Agreement for Trans-Pacific
Partnership (the “Agreement”), I have the honour to confirm the following
agreement reached between the Government of the Socialist Republic of Viet Nam
(“Viet Nam”) and the Government of Brunei Darussalam (“Brunei Darussalam”):
Nothing in Section D
(Electronic Payment Card Services) of Annex 11-B (Specific Commitments) of the
Agreement restricts the right of Viet Nam to adopt or maintain measures that
condition the cross-border supply of electronic payment services into Viet Nam
by a service supplier of another Party on a requirement that such electronic
payment services are processed through a national switching facility licensed
by the State Bank of Viet Nam, and that facility is positioned between such
supplier and financial institutions[1]/payment
intermediaries in Viet Nam. Any such requirement shall:
(1) not be used as a
means of avoiding Viet Nam’s obligations under Section D (Electronic Payment
Card Services);
(2) not result in
creating a competitive disadvantage to the service suppliers of another Party,
(3) ensure the
security, speed or reliability of the services, and preserve the ability of
service suppliers of another Party to innovate; and
(4) not impose
unreasonable costs, directly or indirectly, on service suppliers of another
Party.
The Government of
Viet Nam and the Government of Brunei Darussalam further agree that the above
is subject to the principle of reciprocity and is without prejudice to any
dispute settlement procedures under Chapter 28 (Dispute Settlement) of the
Agreement as modified by Article 11.21 (Dispute Settlement) of Chapter 11
(Financial Services) of the Agreement.
If the national
switching facility of Viet Nam 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 facility, compliance with the
terms of the agreement or agreements shall be deemed to satisfy Viet Nam’s
obligations under paragraphs (2), (3) and (4) 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, which shall enter into
force on the date of entry into force of the Agreement as between Viet Nam and
Brunei Darussalam.”
I have the honour to confirm that my
Government shares this understanding, and that your letter and this letter of
confirmation in reply shall constitute an agreement between our two
Governments, which shall enter into force on the date of entry into force of
the Agreement as between Brunei Darussalam and the Socialist Republic of Viet
Nam.
Yours sincerely,
DATO ERYWAN PEHIN
YUSOF
Second
Minister of Foreign Affairs and Trade
8 March
2018
The Honourable
Dato Erywan Pehin Yusof
Second Minister of Foreign Affairs and Trade
Brunei Darussalam
Dear Minister,
In connection with the signing on this
date of the Comprehensive and Progressive Agreement for Trans-Pacific
Partnership (the “Agreement”), I have the honour to confirm the following
agreement reached between the Government of the Socialist Republic of Viet Nam
(“Viet Nam”) and the Government of Brunei Darussalam (“Brunei Darussalam”):
Nothing in Section D (Electronic
Payment Card Services) of Annex 11-B (Specific Commitments) of the Agreement
restricts the right of Viet Nam to adopt or maintain measures that condition
the cross-border supply of electronic payment services into Viet Nam by a
service supplier of another Party on a requirement that such electronic payment
services are processed through a national switching facility licensed by the
State Bank of Viet Nam, and that facility is positioned between such supplier
and financial institutions1/payment intermediaries in Viet Nam. Any
such requirement shall:
(1) not be used as a means of avoiding
Viet Nam’s obligations under Section D (Electronic Payment Card Services);
(2) not result in creating a
competitive disadvantage to the service suppliers of another Party;
(3) ensure the security, speed or
reliability of the services, mid preserve the ability of service suppliers of
another Party to innovate; and
(4) not impose unreasonable costs,
directly or indirectly, on service suppliers of another Party.
The Government of Viet Nam and the
Government of Brunei Darussalam further agree that the above is subject to the
principle of reciprocity and is without prejudice to any dispute settlement
procedures under Chapter 28 (Dispute Settlement) of the Agreement as modified
by Article 11.21 (Dispute Settlement) of Chapter 11 (Financial Services) of the
Agreement.
If the national switching facility of
Viet Nam 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 facility, compliance with the terms of the agreement or
agreement shall be deemed to satisfy Viet Nam’s obligations under paragraphs
(2), (3) and (4) 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, which shall enter into force on the date of entry
into force of the Agreement as between Viet Nam and Brunei Darussalam.
Sincerely,
Tran Tuan Anh
Minister of Industry and Trade
Socialist Republic of Viet Nam