THÔNG BÁO

VỀ VIỆC ĐIỀU\r\nƯỚC QUỐC TẾ CÓ HIỆU LỰC

Thực hiện quy định tại Điều\r\n56 của Luật Điều ước quốc tế năm 2016, Bộ Ngoại giao trân trọng thông báo:

Bản ghi nhớ giữa\r\nChính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ Ma-lai-xia Liên\r\nquan Mục D (Dịch vụ thẻ thanh toán điện tử) của Phụ lục 11-B (Các cam kết cụ thể)\r\ntại Chương 11 (Dịch vụ tài chính) của Hiệp định Đối tác Toàn diện và Tiến bộ\r\nxuyên Thái Bình Dương, ký ngày 08 tháng 3 năm 2018 tại San-ti-a-gô\r\nđờ Chi-lê, có hiệu lực từ ngày 29 tháng 11 năm 2022.

Bộ Ngoại giao trân trọng gửi bản sao Bản\r\nghi nhớ theo quy định tại Điều 59 của Luật nêu trên./.

5 March\r\n2018

His Excellency
\r\nMr. Tran Tuan Anh
\r\nMinister of Industry and Trade
\r\nSocialist Republic of Viet Nam

Dear Minister,

In connection with the signing on 8\r\nMarch 2018 of the Comprehensive and Progressive Agreement for Trans-Pacific\r\nPartnership (the “Agreement”), I have the honour to confirm the following\r\nagreement reached between representatives of the Government of Malaysia and the\r\nGovernment of the Socialist Republic of Viet Nam (“Viet Nam”):

Nothing in Section D (Electronic\r\nPayment Card Services) of Annex 11-B (Specific Commitments) to Chapter 11\r\n(Financial Services) of the Agreement restricts the right of Malaysia to adopt\r\nor maintain measures that condition the cross-border supply of electronic\r\npayment services into Malaysia by a service supplier of another Party on a\r\nrequirement that such electronic payment services are supplied through a\r\npayment system operated in Malaysia by an entity approved by Bank Negara\r\nMalaysia (hereinafter referred to as an “approved operator of payment system in\r\nMalaysia”).

Any such measure shall:

(1) be applicable only to electronic\r\npayment services for payment card transactions made in Malaysia using payment cards\r\nissued in Malaysia;

(2) not be used as a means of avoiding\r\nMalaysia’s obligations under Section D (Electronic Payment Card Services);

(3) not result in creating a\r\ncompetitive disadvantage to any service suppliers of Malaysia and of another\r\nParty;

(4) ensure the security, speed, or\r\nreliability of the services, and preserve the ability of service suppliers of\r\nanother Party to innovate; and

(5) not impose unreasonable costs,\r\ndirectly or indirectly, on service suppliers of another Party.

If an approved operator of payment\r\nsystem in Malaysia and a supplier of another Party enter into an agreement or\r\nagreements for the processing of electronic payment transactions that set out\r\nstandards for operation of that payment system, compliance with the terms of\r\nthe agreement or agreements shall be deemed to satisfy Malaysia's obligations\r\nunder paragraphs 3, 4 and 5 with respect to that supplier.

I have the honour to propose that this\r\nletter and your letter of confirmation in reply shall constitute an agreement\r\nbetween our two Governments, subject to dispute settlement under Chapter 28\r\n(Dispute Settlement) of the Agreement, which shall enter into force on the date\r\nof entry into force of the Agreement as between Malaysia and Viet Nam.

Sincerely,

8 March\r\n2018

His Excellency
\r\nMr. Mustapa Mohamed
\r\nMinister of International Trade and Industry
\r\nMalaysia

Dear Minister,

I have the honour to acknowledge\r\nreceipt of your letter of 5 March 2018 which reads as follows:

“In connection with the signing on 8\r\nMarch 2018 of the Comprehensive and Progressive Agreement for Trans-Pacific\r\nPartnership (the “Agreement"), I have the honour to confirm the\r\nfollowing agreement reached between representatives of the Government of Malaysia\r\nand the Government of the Socialist Republic of Viet Nam (“Viet Nam”):

Nothing in Section D (Electronic Payment\r\nCard Services) of Annex 11-B (Specific Commitments) to Chapter 11 (Financial\r\nServices) of the Agreement restricts the right of Malaysia to adopt or maintain\r\nmeasures that condition the cross-border supply of electronic payment services\r\ninto Malaysia by a service supplier of another Party on a requirement that such\r\nelectronic payment services are supplied through a payment system operated in\r\nMalaysia by an entity approved by Bank Negara Malaysia (hereinafter referred to\r\nas an “approved operator of payment system in Malaysia”).

Any such measure shall:

(1) be applicable only to electronic\r\npayment services for payment card transactions made in Malaysia using payment\r\ncards issued in Malaysia;

(2) not be used as a means of avoiding\r\nMalaysia’s obligations under Section D (Electronic Payment Card Services);

(3) not result in creating a\r\ncompetitive disadvantage to any service suppliers of Malaysia and of another\r\nParty;

(4) ensure the security, speed, or\r\nreliability of the services, and preserve the ability of service suppliers of\r\nanother Party to innovate; and

(5) not impose unreasonable costs,\r\ndirectly or indirectly, on service suppliers of another Party.

If an approved operator of payment\r\nsystem in Malaysia and a supplier of another Party enter into an agreement or\r\nagreements for the processing of electronic payment transactions that set out\r\nstandards for operation of that payment system, compliance with the terms of\r\nthe agreement or agreements shall be deemed to satisfy Malaysia’s obligations\r\nunder paragraphs 3, 4 and 5 with respect to that supplier.

I have the honour to propose that this\r\nletter and your letter of confirmation in reply shall constitute an agreement\r\nbetween our two Governments, subject to dispute settlement under Chapter 28\r\n(Dispute Settlement) of the Agreement, which shall enter into force on the date\r\nof entry into force of the Agreement as between Malaysia and Viet Nam.”

I have the honour to confirm that my\r\nGovernment shares this understanding, and that your letter and this letter in\r\nreply shall constitute an agreement between our two Governments, subject to\r\ndispute settlement under Chapter 28 (Dispute Settlement) of the Comprehensive\r\nand Progressive Agreement for Trans-Pacific Partnership, which shall enter\r\ninto force on the date of entry into force of the Agreement as between the Socialist\r\nRepublic of Viet Nam and Malaysia.

Yours sincerely,