Electronic Payment Services

Letter From Viet Nam to Canada

4 February 2016

The Honourable Chrystia Freeland
Minister of International Trade
Canada

Dear Minister,

In connection with the signing on this date of the Trans-Pacific Partnership Agreement (the “TPP 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 Canada (“Canada”):

The Government of the Socialist Republic of Viet Nam and the Government of Canada agree that nothing in Section D (Electronic Payment Card Services) of Annex 11-B (Specific Commitments) to Chapter 11 (Financial Services)  of the TPP 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 of the TPP Agreement on a requirement that such electronic payment services are supplied through a gateway operated by a national switching facility licensed by the State Bank of 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) of Annex 11-B (Specific Commitments) to Chapter 11 (Financial Services);
• 2. not result in a competitive disadvantage to the service suppliers of another Party of the TPP Agreement;
• 3. ensure the security, speed, or reliability of the services, and preserve the ability of  service suppliers of another Party of the TPP Agreement to innovate; and
• 4. not impose unreasonable costs, directly or indirectly, on service suppliers of another Party of the TPP Agreement.

If the national switching facility of Viet Nam and a supplier of another Party of the TPP Agreement enter into an agreement or agreements for the processing of electronic payments 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 items (2), (3), and (4) listed above with respect to that supplier.

I have the further honour to propose that this letter and your letter in reply, equally valid in English and French, confirming that your Government shares this agreement between our Governments, shall constitute an agreement between our Governments, which is subject to dispute settlement under Chapter 28 (Dispute Settlement) of the TPP Agreement as modified by Article 11.21 (Dispute Settlement) of Chapter 11 (Financial Services) of the TPP Agreement, and which shall enter into force on the date of entry into force of the TPP Agreement for both Viet Nam and Canada.

Yours sincerely,

Vu Huy Hoang
Minister of Industry and Trade
Socialist Republic of Viet Nam