Page 327 - Regional Comprehensive Economic Partnership (RCEP)

Article 3: Approaches to Regulation
(b) connect leased or owned circuits with public
1. The Parties recognise the value of competitive markets to deliver telecommunications networks and services or with circuits
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a wide choice in the supply of telecommunications services and leased or owned by another service supplier; and
to enhance consumer welfare, and that regulation may not be
needed if there is effective competition. Accordingly, the Parties (c) use operating protocols of their choice.
recognise that regulatory needs and approaches differ market by
market, and that each Party may determine how to implement its 3. Each Party shall ensure that service suppliers of another Party
obligations under this Annex. may use public telecommunications networks and services for the
movement of information in its territory or across its borders,
2. In this respect, the Parties recognise that a Party may: including for intra-corporate communications of such service
suppliers, and for access to information contained in data bases
(a) engage in direct regulation either in anticipation of an issue or otherwise stored in machine-readable form in the territory of
that the Party expects may arise or to resolve an issue that any Party.
has already arisen in the market; or
4. Notwithstanding paragraph 3, a Party may take measures that are
(b) rely on the role of market forces, particularly with respect necessary to ensure the security and confidentiality of messages
to market segments that are, or are likely to be, competitive and to protect the personal information of end users of public
or that have low barriers to entry, such as services provided telecommunications networks or services, provided that such
by suppliers of telecommunications services that do not measures are not applied in a manner which would constitute a
own network facilities. means of arbitrary or unjustifiable discrimination or a disguised
restriction on trade in services.
3. For greater certainty, a Party that refrains from engaging in
regulation in accordance with this Article remains subject to the 5. Each Party shall ensure that no condition is imposed on access
obligations under this Annex. to and use of public telecommunications networks and services,
other than as necessary to:

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Article 4: Access and Use (a) safeguard the public service responsibilities of suppliers of
public telecommunications networks and services, in
1. Each Party shall ensure that any service supplier of another Party particular their ability to make their networks or services
is accorded access to and use of public telecommunications available to the public generally; or
networks and services, including leased circuits, offered in its
territory or across its borders on a timely basis, and on terms and (b) protect the technical integrity of public telecommunications
conditions that are reasonable, non-discriminatory, and networks or services.
transparent, inter alia, through paragraphs 2 through 6.
6. Provided that they satisfy the criteria set out in paragraph 5,
2. Subject to paragraphs 5 and 6, each Party shall ensure that conditions for access to and use of public telecommunications
service suppliers of another Party are permitted to: networks and services may include:

(a) purchase or lease and attach terminal or other equipment
which interfaces with a public telecommunications network 3 For Viet Nam, networks authorised to establish for the purpose of carrying out, on a
and which is necessary to supply their services; non-commercial basis, voice and data telecommunications between members of a
closed user group can only directly interconnect with each other where approved in
writing by the telecommunications regulatory body. Viet Nam shall ensure that, upon
2 For greater certainty, this Article does not prohibit any Party from requiring a service request, an applicant receives the reasons for the denial of an authorisation. Viet Nam
supplier to obtain a licence to supply a public telecommunications network or service shall review this requirement to obtain written approval within two years of the date of
in its territory. entry into force of this Agreement.

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