China - Vietnam tensions over maritime territory

People keep saying today that Mujihads are so gr8 by defeating Soviet invasion and stopping US.  But lets get down to it, Vietnamese are the most successful soldiers in modern history.  The defeated the US, totally kicked China's ass and even kicked out the French to have their own successful country today. Truly a great warrior race, and certainly the most proved in modern times.    

Yeah, on some videos concerning war against Afghanistan, americans said that they never loose war etc....i reply "And what about Vietnam's war??? Great victory....isn't it? "
Actually in Vietnamese history we kicked
-Ming kingdom
-Gengis Khan (2 times with general Tran Hung Dao, now in list of top 10 best army leaders in history)
-Han Empire
-Japan
-French colonialists ( so my mom's relatives once fought against my dad's ones )
-USA
-China

But now Vietnam is facing strong problems with China...we don't really want to get into trouble but still weapons are being massively upgraded recently

milky_candy_sugar wrote:
But now Vietnam is facing strong problems with China...we don't really want to get into trouble but still weapons are being massively upgraded recently

China has been flexing their muscles towards India lately. Increased border incursions, visa restrictions, cancelled goodwill exercises, writing "Property of China" on their boulders, publishing anti-Indian propoganda. Have they been doing anything provocative towards Vietnam recently?

Yes, four years ago they attacked our island named Hoang Sa and killed 130 civilians + sinked 2 destroyers. Now on maps from google earth Hoang Sa appears as chinese. Now they want another island in the middle of the south-east-asian sea, it's called Truong Sa. It's position is very strategic, its in the middle of major commercial roads in Asia and it has a major military role - Some experts declared that if Truong Sa falls, than Vietnam will fall. That's why our authorities are very worried.
Last month, some of our fishing boats were thrown to Hoang Sa island, beause of storm. The PLA tortured them, over 300 fisherman. Vietnam's prime minister wrote a letter and complained at the chinese embassy. They didn't even answered
Not long ago, they wanted to get 20 km into our frontiers....So there's a very strong tension in the area

Sweet Mary, they tortured 300 fisherman?!?

Yes they pretended that the fisherman was actually disguised soldiers or whatsoever -___-

Poor fisherman, not only they got lost because of storm but they got tortured and their boats were sinked by chinese army

You have a news article link?

http://dantri.com.vn/c20/s20-357489/phan-doi-hanh-dong-vo-nhan-dao-cua-trung-quoc-voi-ngu-dan-viet-nam.htm
It's link from official vietnamese newspaper called "People's intellect"
""Afternoon October 21, Foreign Ministry of Vietnam has protested against Chinese Ambassador due to the fact that Chinese armed forces have inhuman actions against fishermen who tried to avoid storms in Vietnam island Phu Lam (Vietnam fishermen often called it Head Island crane) at the Paracel Islands in Vietnam under the Chinese occupation, "the spokesman said. "
Partial translation -

Article says 16 fishermen, what 300? This happened many times before?

No it's 16 fishing boats - Translator problems i guess
I will retranslate it properly
"On October 21st, the Vietnamese Foreign Ministry's spokesman, Nguyen Phuong Nga, answered to the reporter's questions concerning the Vietnamese reactions to the event of last september, when chinese army opened fire,seized property and equipment from 16 fishing vessels of the Quang Ngai province who coasted to the paracel island in the aim to avoid the Typhoon n.9
"During the afternoon of October 21, the Foreign ministry of Viet Nam has complained at the chinese ambassador in vietnam against the inhuman actions committed by chinese army occupying Paracel islands against vietnamese fisherman who tried to avoid storm from the island Phu Lam" the spokesman said
The Ministry of Foreign Affairs has asked china to urgently clarify and investigate the incident, and strictly handle the army employees who had showed a rough and armed treatment toward vietnamese fisherman, and asked to return property while taking necessary preventions to avoid other similar acts"-


Till now, no answers from China

How many people work one of those boats? They don't look very big.

10 to 20 people
So i made an average of 300, depends on the numbers....different sources gave different numbers, variation goes from 283 to 325
Chinese army often do this against vietnamese fisherman, look at this article relating an event from june
http://dantri.com.vn/c20/s20-333541/yeu-cau-trung-quoc-tha-ngay-cac-ngu-dan-viet-nam.htm

Vietnam siezes Chinese fishing boats?

No Chinese sieze vietnamese boats

LOL if we ever start to sieze the chinese boats they are going to smash us like a fly....seriously

Wow, my translator sucks ballz!

Yeah since they translate word by word in vietnamese , and does not take in account the grammar

Vietnam soldiers? You mean Soviet proxy puppets?

Turk1 wrote:Vietnam soldiers? You mean Soviet proxy puppets?

I don't know what you are talking about. I am talking of those who struggled 50 years continuesly against world's powers for independance, those that have resisted during the last 5000 years against Chinese empire, those that defeated the armies of the great Khan, those who directly fought against USA and brought victory. Those that never had been conquered. Those that are fighting for a humanist vision and those dying for their people
Where are the proxy puppets? Is someone called a proxy puppet if he is your friend and shares your ideals?

On what you made mention, USA has not really won a war since WW2. All other wars have either been from mistakes to disasters or calling quits. North Korea they did not win. Vietnam they lost. First gulf war they did not succeed in their mission (although they did kill off Sadam in the current war). As for Turks comments, just ignore him.

Vietnam lost lots of people due to that conflict, and it was France's problem more then it was America's (but they had to stick their nose into something). The Soviets helped and did fly in Vietnam, but beside that fact, Vietnam has itself to thank for its sovereignty.

Although, I cannot say bad things about US vets in Vietnam, as it was not their fault. And I do have friends who served in Nam.

All I can say now is that hopefully Russia decides to open the propsed Naval base in Vietnam (or at least logistic center) and provide some subs/ships. That in itself would prevent further Chinese aggression.

On March 14th, 1988, China used force to occupy the Johnson Reef of Vietnam. China's navy used heavy arms to massacre underequipped Vietnamese sailors. Such brutal acts were strongly condemned by international community. However, China seemingly has not drawn any lessons from the Johnson Reef event, as they continue to use force to carry out its conspiracy to turn the whole South East Asia Sea into its home pond.

Please watch the clip: w w w . y o u t u b e . c o m / w a t c h ? v = G o - A u I 8 L z I o

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On May 2, 2014, China blatantly moved a deep-water drilling rig HD-981 into the location of 15o29’ north latitude, 111o12’ east longitute, just about 120 nautical miles from Vietnam’ coast and within Vietnam’s exclusive economic zone and continental shelf. This illigal drilling operation infringed upon sovereignty and jurisdiction of Vietnam according to the 1982 UN Convention on the Law of the Sea. On May 4, 2014, the Ministry of Foreign Affairs of Vietnam resolutely and vociferously protested this move. In recent days, international opinion also has been discontented with the brazen act conducted by China. Professor Keith Johnson from Department of Linguistics, University of Carlifornia Berkeley made a commentary on Foreign Policy Magazine on this issue. The following is full of article.

Beijing's deployment of its billion-dollar oil rig sends a clear message to Vietnam: We'll drill where we damn well please.

China has triggered a potentially dangerous escalation in tensions in the South China Sea with the dispatch over the weekend of the Haiyang Shiyou 981, a massive billion-dollar rig designed to drill for oil in waters claimed by both Beijing and Hanoi.
Vietnam has vociferously protested the move because the rig is squarely inside the 200-mile exclusive economic zone that extends offshore from every country; China, which claims the nearby Paracel Islands, says the rig is legal because it is working in waters that it says belong to Beijing.
It's hardly the first time that the search for energy has sparked fights between China and its neighbors in the region, but the latest step is a big deal for several reasons.
China had carried out energy survey activities in disputed areas, and prevented other countries, including Vietnam, from carrying out their own surveys in disputed waters, but this seems to be the first time that Chinese oil companies are actually drilling wells in waters claimed by other nations. Just as alarmingly, China and Vietnam have a history of armed conflict, including a bloody land war in 1979 and a series of armed skirmishes over disputed islands in the South China Sea. The oil drilling issue could potentially trigger a new round of sparring.
The Chinese move also represents a slap in the face to President Barack Obama, who just returned from a trip to Asia designed to reassure jittery allies like Japan, South Korea, and the Philippines that the U.S. would deter Chinese maritime bullying. Six days later, Beijing took one of its most provocative steps to date. A State Department spokesperson didn't respond to requests for comment.  
The dispatch of an oil rig by itself is hardly enough to unleash the dogs of war, but is meant to slowly assert Chinese control over the region, experts said.
"It's going to be one more of these small, incremental steps that individually won't lead to conflict, but collectively over time gradually will change the status quo," said Mike McDevitt, a retired admiral and head of strategic studies at the Center for Naval Analyses.
A spokesperson for the Chinese Foreign Ministry defended the deployment of the rig, saying that it is operating "completely within the waters of China's Paracel Islands," Reuters reported. China has occupied the Paracel Islands since the 1970s, and also claims the maritime resources around those specks of land. That's part of Beijing's expansive view of its sovereign rights in the South China Sea, the so-called "nine-dashed-line" that the current regime inherited from Chinese nationalists at the end of the civil war in the late 1940s.
Vietnam's Foreign Ministry and state oil firm PetroVietnam, unsurprisingly, both protested the move. The Foreign Ministryd said that the move is a "violation of Viet Nam's sovereign rights," since the rig is located in waters that only Vietnam has the right to exploit for undersea resources. PetroVietnam asked China National Offshore Oil Corporation, a state-owned giant, to remove the rig and cease drilling activities there in the future.
The South China Sea is the biggest flashpoint for potential conflict between China and neighbors like Vietnam and the Philippines, and others; the sea is both a byway for trillions of dollars in international trade and potentially sits atop a mother lode of oil and gas resources coveted by energy-poor countries in the region. Manila recently took Beijing to an international tribunal in The Hague over competing claims to tiny specks of land in the South China Sea, in part because it believes there are plentiful deposits of oil and gas off the Philippine coast.
The quest for oil and gas lies behind the latest incident, at least superficially. China publicly announced in 2012 that it would auction off energy-exploration rights in disputed waters; at the same time, CNOOC took the unusual step of building its own deep-water rig rather than contracting to purchase one from specialized suppliers. That was a costly, but necessary, step for China's oil company to take: CNOOC did not want to have to rely on Western companies to supply drilling gear for contentious areas of the South China Sea because the companies could have potentially refused to lease the equipment to CNOOC if it was going to be used on controversial deepwater projects.
Last weekend, CNOOC dispatched the rig to drill in deep waters about 120 nautical miles east of the Vietnamese coast, not far from where international oil firms such as Exxon Mobil have found potentially large deposits of natural gas. It seems part and parcel of CNOOC's stated strategy of dispatching oil rigs to serve as "mobile national territory" that can extend Chinese sovereignty to open waters.
"I think this is the other shoe dropping, which is the Chinese actually going to go out and drill for oil" in those disputed areas, said Holly Morrow, an expert on the South China Sea at Harvard University's Belfer Center.
China's apparent escalation with the dispatch of the rig is especially surprising because the two countries signed an accord in 2011 to peacefully resolve South China Sea disputes, as they successfully did with maritime borders in the Gulf of Tonkin.
"I thought that agreement cooled down the rhetoric between Vietnam and China, and that China would not go out of its way to humiliate the Vietnamese," said McDevitt. "But the Chinese seem to feel they have a good argument for going where they're going, and they are going to do it."
The U.S. as a rule doesn't take a position as to who owns what in the disputed areas, but in recent years has stressed the need for states such as Vietnam and China to rely on the rule of law to settle disputes over territory and maritime rights in the South China Sea. In December, Secretary of State John Kerry announced a deal to help strengthen the Vietnamese coast guard, in part to help parry Chinese territorial expansion in the area.
Oil and gas rigs are the pointy ends of the battle over sovereignty, but there is plenty of uncertainty over just how energy-rich the area really is. In part, that is because all the territorial disputes have discouraged large-scale surveys of potential oil and gas resources.
The U.S. Energy Information Administration estimates that the South China Sea holds the modest amount of 11 billion barrels of oil and 190 trillion cubic feet of natural gas. CNOOC believes there could be ten times as much oil and plenty more gas in the South China Sea. Vietnam, bolstered by recent work by firms such as Exxon, is also bullish on the energy prospects in parts of the South China Sea it considers its own.
But regardless of how much energy actually lies under the ocean, Beijing's heavy-handed approach to regional relations and the damage it has caused could hardly be worth tapping some extra barrels of oil, said Morrow of the Belfer Center. That makes the constant tug-of-war, provocations, and brinksmanship more about national sovereignty than a scramble for resources.
"The cost in foreign policy terms of what they are doing is so high, and so outweighs whatever energy security benefit there is," she said.

There is also a famous expert who express concerns about this China's assertiveness:
The recurrent strife between China and Vietnam
(Roberto Tofani)
The ‘statement war’ over the disputed islands in the South China Sea—or East Sea, as referred to by the Vietnamese–between China and Vietnam is gaining steam. Actually it was never dormant, but at times it becomes more ferocious than in others.
On May 2 the China National Offshore Oil Corporation (CNOOC) moved the drilling rig HD-981 operating at 15029’ latitude’s and 111012’ longitude’s east, to about 130 nautical miles from the Vietnamese coast, close to the Paracel archipelago.
On the same day, according to Reuters, “Maritime Safety Administration of China (MSAC) published an announcement on its website saying it prohibits all marine vessels entering into a one mile radius of the Haiyang Shiyou 981′s South China Sea drilling work.” The $1 billion oil rig, owned by CNOOC, had been drilling south of Hong Kong.
Last Sunday the Vietnamese Ministry of Foreign Affairs protested the illegal foray of China’s deep-water drilling rig into Vietnamese waters, which is within the exclusive economic zone and continental shelf of Vietnam. “The location that the drilling rig HD-981 operates as stated in the China Maritime Safety Administration’s notice is undeniably within Viet Nam’s exclusive economic zone and continental shelf, just about 130 nautical miles from its coast. Viet Nam resolutely protests any activity conducted by foreign countries in its waters without permission. Such an activity is illegal and void,” FM Spokesman Le Hai Binh remarked on May 4. And it “constitutes a violation of Viet Nam’s sovereign rights and jurisdiction under the provisions of the 1982 United Nations Convention on the Law of the Sea,” as underlined in a press release by the State owned enterprise Vietnam Oil and Gas Group (PetroVietnam).
Foreign Minister Pham Binh Minh called Chinese State Councilor Yang Jiechi and told him the deployment of the deep sea rig, which he said was accompanied by military vessels, was illegal and a violation of Vietnamese sovereignty. “Vietnam cannot accept and resolutely protests this Chinese action. It demands that China withdraw the rig HD981 and escort its vessels from this area,” a Vietnamese government statement quoted Minh as telling Yang. However, Beijing insists that the rig, CNOOC 981, is in its territorial waters.
Interviewed by the the Vietnamese newspaper ‘Thanh Nien’, Carl Thayer, a maritime expert of the University of New South Wales in Australia said that it is “business as usual in China’s use of illegal force to advance its sovereignty claims.” The Chinese move has thus increased tensions and, after the Vietnamese statements an editorial of the Chinese newspaper ‘Global Times’ threatened Vietnam with a ‘lesson it deserves’.
Two years ago, at the end of May, a Chinese patrol boat intentionally severed a seismic cable towed by a Vietnamese survey vessel working about 120 miles off Vietnam’s shore and hundreds of miles south of China’s Hainan Island. The incident occurred well within Vietnam’s 200 nautical mile Exclusive Economic Zone as defined by the Law of the Sea Treaty (signed by both Vietnam and China). On that occasion, hundreds of Vietnamese marched on the Chinese Embassy in Hanoi and the Chinese Consulate General in Ho Chi Minh City in a rare public protest to condemn what they called ‘China’s violation of Vietnamese sovereignty’ in the disputed South China Sea. This was similar to an incident in December 2007, when widespread anger over China’s growing assertiveness about its claims to the Paracels and Spratlys drew hundreds of people into the streets of Hanoi.
“We are sick and tired of this whole situation and for sure we are ready to take the street as we did in the past,” explained a University student eager to take the protest out in the open.

CRITICAL QUESTIONS: CHINA-VIETNAM TENSIONS HIGH OVER DRILLING RIG IN DISPUTED
CSIS: Ernest Bower (@BowerCSIS) and Gregory Poling (@GregPoling)
May 7, 2014
Tensions between China and Vietnam over the disputed South China Sea are at their highest levels in years. On May 2, the state-owned China National Offshore Oil Corporation (CNOOC) placed its deep sea drilling rig HD-981 in disputed waters south of the Paracel Islands. Vietnam objected to the placement, declaring that the is located on its continental shelf. China has since sent approximately 80 ships, including seven military vessels, along with aircraft to support the rig. In response, Hanoi dispatched 29 ships to attempt to disrupt the rig’s placement and operations.
The situation escalated dramatically on May 7, when Vietnam accused Chinese vessels of turning high powered water cannons on the Vietnamese ships and eventually ramming several vessels. The incidents reportedly left six Vietnamese injured and several of the country’s ships damaged. Hanoi released photos and videos of the incidents to support its claims.
The implications of these developments are significant. The fact that the Chinese moved ahead in placing their rig immediately after President Barack Obama’s visit to four Asian countries in late April underlines Beijing’s commitment to test the resolve of Vietnam, its Association of Southeast Asian Nations (ASEAN) neighbors, and Washington. Beijing may also be attempting to substantially change the status quo by moving while it perceives Washington to be distracted by Russian aggression in the Ukraine, developments in Nigeria, and Syria. If China believes Washington is distracted, in an increasingly insular and isolationist mood, and unwilling to back up relatively strong security assertions made to Japan and the Philippines and repeated during President Obama’s trip, then these developments south of the Paracel Islands could have long term regional and global consequences.
Q1: Where is the rig, really?
A1: The war of words between Beijing and Hanoi has largely focused on the status of the area where HD-981 was placed. Vietnamese officials insist that it lies on their continental shelf, where according to the UN Convention on the Law of the Seas (UNCLOS), Vietnam has exclusive rights to all mineral and hydrocarbon resources.
The rig was placed near the edge of two hydrocarbon blocks already created by Hanoi, though not yet offered for exploitation to foreign oil and gas companies. It also sits near blocks 118 and 119, where U.S.-based ExxonMobil discovered substantial oil and gas reserves in 2011 and 2012. In 2013, Exxon and Vietnam’s state-owned PetroVietnam announced plans to build a $20 billion power plant to be fueled by the oil and gas from those blocks. Those discoveries help explain why CNOOC chose to place HD-981 nearby.
China’s Ministry of Foreign Affairs has responded to Vietnam’s complaints by insisting that the rig was placed “completely within the waters of China’s Paracel Islands.” This presumably refers to the 200 nautical mile exclusive economic zone and continental shelf that those islands—which are occupied by China but claimed by Vietnam—would generate under UNCLOS if they met certain requirements.
HD-981 was placed at 15°29’58’’ north latitude and 111°12’06’’ east longitude. It is about 120 nautical miles east of Vietnam’s Ly Son Island and 180 nautical miles south of China’s Hainan Island—the two nearest features that indisputably generate a continental shelf. As such, it not only sits on Vietnam’s claimed extended continental shelf, but also well on the Vietnamese side of any median line that might be negotiated between the two shelves from the Chinese and Vietnamese coasts, as indicated by the white lines in the map below.

Q2: Who is in the right?
A2: China’s Ministry of Foreign Affairs appears to be basing its case on the assumption that Triton Island, 17 miles to the north of HD-981, or another of the Paracels meets the UNCLOS habitability requirement for generating its own continental shelf. If that were assumed to be true, then HD-981 would indeed fall within the maximum hypothetical area of dispute generated by the Paracels, shown in red below. This is the maximum dispute because it gives the tiny Paracel Islands equal weight in delimitation with the entire Vietnamese coast facing them—a proposition that borders on the absurd.
So China can make a legal case, however flimsy, for control over the continental shelf on which HD-981 sits. But that area is clearly in dispute. To unilaterally drill on it is a violation of UNCLOS’s admonition that states in a dispute, “in a spirit of understanding and cooperation, shall make every effort to enter into provisional arrangements,” and shall not “jeopardize or hamper the reaching of [a] final agreement.” It is also clearly contrary to the 2002 Declaration on the Conduct of Parties in the South China Sea that China signed with the members of ASEAN, including Vietnam. In that agreement, all parties pledged to “exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability.”
Hanoi, on the other hand, has restricted its oil and gas activities in the area to those fields, like blocks 118 and 119, that lie outside the maximum area of legal dispute.

Q3: What comes next?
A3: The deployment of HD-981, which Beijing insists will remain in place until August 15, has clearly ratcheted China-Vietnam tensions to a new level. Hanoi seems determined to disrupt the rig’s operations. And, in contrast to the Philippines, it has the capabilities—Russian-built Kilo-class submarines and an outdated but sizeable surface and air fleet—to do so. This means there is a real threat that acts of brinksmanship, like the recent ramming of Vietnamese vessels, could escalate quickly. Vietnam’s neighbors and outside partners like the United States must use every available channel to urge caution on both sides.
On the other hand, Vietnam’s relative naval capabilities will likely help temper Chinese assertiveness. After all, despite the presence of Chinese naval vessels around HD-981, it appeared that only Chinese Coast Guard vessels were involved in harassing and deterring Vietnamese ships attempting to enter the waters around the rig. The two nations’ and their leaders are as familiar with each other as anyone in the Asia Pacific, and they have substantial channels for communications, including top-level naval hotlines. This could also help avoid a larger crisis.
Vietnam has already launched a diplomatic campaign to build support abroad and paint China as the aggressor. Given other recent provocations by China against its neighbors, this will prove easy. This weekend, Vietnamese prime minister Nguyen Tan Dung will join his fellow leaders from across Southeast Asia at the ASEAN Summit. The placement of the drilling rig, along with China’s patrols at Malaysia’s James Shoal earlier this year and attempts to block resupply of Philippine troops at Second Thomas Shoal in March, will ensure that the South China Sea disputes take center stage. There is no telling who will blink first in the stand-off over HD-981, but the one thing that is certain is that China’s newest provocation will further heighten the threat perception among ASEAN states and drive them closer to each other and interested outside parties, especially Japan and the United States.
Ernest Bower is the Sumitro Chair for Southeast Asia Studies at the Center for Strategic and International Studies in Washington, D.C. Gregory Poling is a fellow with the Sumitro Chair.
Critical Questions is produced by the Center for Strategic and International Studies (CSIS), a private, tax-exempt institution focusing on international public policy issues. Its research is nonpartisan and nonproprietary. CSIS does not take specific policy positions. Accordingly, all views, positions, and conclusions expressed in this publication should be understood to be solely those of the author(s).

I. Situation:
On May 1st 2014, Vietnamese authorities discovered China National Offshore Oil Corp.'s drilling rig namely Haiyang Shiyou 981 (HD981) and 03 oil vessels of China moving from the Northwest to the South of Tri Ton Island (Paracel islands of Vietnam). By 16:00 on May 2nd 2014, HD981 rig anchored in the South of Tri Ton Island along with 27 guard ships. China continued to deploy more guard ships to this area in the following days. On May 3rd 2014, Chinese Maritime Safety Administration issued a shipping notice No.14033 on its website, saying that: From May 2nd to August 15th 2014, HD981 rig will conduct exploratory drilling within one-nautical-mile-radius waters of 15029’58” North latitude - 111012’06” East longitude and all vessels are banned from entering this area. Afterwards, on May 5th 2014, Chinese Maritime Safety Administration replaced shipping notice No.14033 with notice No.14034 regarding the expansion of exploratory drilling scope up to 03 nautical miles, from 15029’58” North latitude to 111012’06” East longitude, and again, it bans all vessels from entering this area. The location of HD981 rig mentioned in the notice of Chinese Maritime Safety Administration is totally within the Exclusive Economic Zone and continental shelf of Vietnam, about 120 nautical miles from Ly Son island of Vietnam.
This action is part of China’s recent escalations in the South China Sea, such as: official claims of the “nine-dash line” (May 2009); cuttting of “Binh Minh II” and “Viking II” ships’ cables (May and June 2011); establishment of "Sansha City" (June 2012); unilateral ban on annual fishing in the South China Sea; implementation of “measures to enforce“Fishery Law of the People’s Republic of China” (entering into force since January 1st 2014); launch of patrols and military exercises in the South China Sea to show off its power and deter other claimants; enhancement of oil exploration, archeology, development of tourism and consolidation of facilities in disputed areas; attacks on Vietnamese fishing vessels, etc., in an increasingly overt manner, regardless of international criticism and laws. In addition, China also claims that it has “absolute right to establish an Air Defense Identification Zone in the South China Sea.
Thus, China’s recent activities in the South China Sea, especially the deployment of HD981 rig in Vietnam’s Exclusive Economic Zone and continental shelf, is deliberate and carefully calculated to “monopolize the South China Sea” and to realize its “nine-dash line” claims; willing to use every available means, regardless of international criticism and laws, in order to claim its sovereignty in the South China Sea, which intensifies tension and risk of uncontrolled confilts, and severely threatens security, safety, peace and cooperation in the South China Sea.
II. Historical evidence proving Vietnam’s sovereignty over the Paracel and Spartly islands:
Vietnam has sufficient historical evidence and legal grounds to prove its sovereignty over the Paracel and Spratly islands. Vietnam’s territorial acquisition in the Paracel and the Spratly Islands was based on “principle of effectiveness”: Vietnam is the first country ever to occupy and exercise sovereignty over the Paracel and Spratly Islands when they were unclaimed (res nullius) at least since the 17th century. The occupancy and exercise of sovereignty is real, continuous, peaceful and obvious. Vietnam has full legal grounds and historical evidence to prove and defend its legitimate sovereignty, which meets all requirements of “principle of effectiveness”.
In more detail:
1. Vietnamese feudal dynasties within three centuries (from 17th to 19th) had occupied and exercised sovereignty over the Paracel and Spratly Islands:
a. Dai Viet State under the Nguyen Dynasty: Established the Paracel unit to govern, defend and exploit the Paracel and Spratly Islands. The Paracel unit and the North Sea unit established afterwards under the control of the Paracel unit had operated under the command of the seven lords, from Lord Nguyen Phuc Lan or Nguyen Phuc Tan until the Tay Son rebellion.
b. Dai Viet State in the Tay Son period: Despite constant wars on the ground and in the South China Sea, from 1771 to 1801, the forces of Lord Nguyen, Lord Trinh and Tay Son still exercised sovereignty over the territories under their governance, including the Paracels and Spratlys.
c. Vietnam State under Nguyen Dynasty continued to demand the Paracel and the North Sea units to exploit and defend the Paracel and Spratly islands. After defeating Tay Son Dynasty and unifying the country, Nguyen Anh continued to pay attention to protection, governance and exploitation of Paracel and Spratly islands despite various domestic affairs.
2. As Vietnam’s diplomatic representative, France continued to exercise Vietnam’s sovereignty over the Paracel and Spratly islands:
Under the 1884 Patenotre Treaty, French colonial Administration represented Vietnam to defend, govern and claim Vietnam’s sovereignty over Paracel and Spratly islands.
3. Vietnam’s sovereignty exercise from 1945 to 1975:
In late 1946, early 1947, in spite of Vietnam’s independence declaration on September 2nd 1945 and freedom from the 1884 Patenotre Treaty, France asserted that under the Preliminary Treaty on March 6th 1946, The Democratic Republic of Vietnam remained under controll of the French Union. Thus, Vietnam remained dependent on France diplomatically and France continued to exercise its right in representing Vietnam to counter every violation of Vietnam’s sovereignty over Paracel and Spratly islands.
Under the Treaty on March 8th 1949, France established pro-French government, which was called The State of Vietnam and was headed by former Emperor Bao Dai. However, it was the French army who really ruled the South China Sea, including the Paracel and Spratly Islands.
Geneva Agreement signed on July 20th 1954 recognized Vietnam’s independence, sovereignty, territorial integrity and unity. Aticle 1 of Geneva Agreement stipulated that Ben Hai river was chosen as a temporary demarcation line (known as Parallel 17th) in order to divide the territorial jurisdiction between the North and the South of Vietnam. This temporary demarcation line was also extended offshore from the coast (Article 4). Paracels and Spratlys located below Parallel 17th therefore they were under the governance of the Government of South Vietnam.
4. Vietnam’s sovereignty exercise over Paracels and Spratlys from 1975 till now:
Under the guideline of the Politburo and directive of the Commander in chief of Vietnam’s People’s Army, Vietnam’s People’s Navy Commander tookover the Paracels.
From April 13th – 28th 1975, Vietnam’s People’s Forces tookover islands occupied by the forces of Democratic Republic of Vietnam and deployed soldiers to defend some other islands of the Paracels.
On December 9th 1982, the Government of the Socialist Republic of Vietnam signed the Decision No.193-HĐBT on the establishment of Truong Sa (Paracels) District of Dong Nai Province. On December 11th 1982, Vietnam Government signed the Decision No.194-HĐBT on the establishment of Hoang Sa (Spratlys) District of Quang Nam-Da Nang Province.
On December 28th 1982, under a Resolution of the 7th National Assembly of the Socialist Republic of Vietnam, Truong Sa District was integrated into Phu Khanh Province.
April 11th 2007, the Government of the Socialist Republic of Vietnam signed the Degree No.65 on the establishment of three administrative units of Truong Sa District:
- Truong Sa Town: includes the large Spartlys Island and its vicinity.
- Song Tu Tay Commune: includes Song Tu Tay Island and its vicinity.
- Sinh Ton Commune: includes Sinh Ton Island and its vicinity.
On July 1st 1989, Phu Khanh Province was seperated into two smaller provinces: Phu Yen and Khanh Hoa. Truong Sa District belongs to Khanh Hoa Province.
On June 23rd 1994, the 1982 UN Convention on the Law of the Sea was approved by the National Assembly of the Socialist Republic of Vietnam.
On January 1st 1997, Quang Nam-Da Nang Province was seperated into Quang Nam Province and Da Nang city, a Central city. Hoang Sa District belongs to Da Nang city.
On April 25th 2009, Da Nang Administration appointed Mr. Dang Cong Ngu as Chairman of the People’s Committee of Hoang Sa District.
So far, in addition to the above activities, Vietnam has been occupying and governing 21 islands of the Spratlys; constantly consolidated and developed socio-economic, security and defense facilities in Truong Sa District.
III. International criticism of China’s recent actions:
In response to China’s recent escalations in the South China Sea, many countries have severely criticized and objected to China’s actions:
- The United States: U.S. Politicians (State Department Spokesperson Jen Psaki; U.S Ambassador to the Philippines Goldberg; Assistant Secretary of State for East Asian and Pacific Affairs Danny Russel, etc.) have reiterated U.S stance and perspective on the issue: (i) U.S has, for the first time, shifted from insinuating to publicly criticizing China for its “nine-dot line” claims in the South China Sea which are inconsistent with international laws; saying lack of transparency in China’s claims may result in regional instability and insecurity; (ii) U.S has responded quickly and bluntly to China’s actions, regarded such actions as “provocative and risky”, saying China’s assertive and provocative moves in order to pursue its claims are unacceptable”.
- The Philippines (PLP): has been reiterating its increasingly tough stance against China’s escalations in the South China Sea: (i) In response to Hainan’s new fishing regulations, the Philippines has kept protesting through different channels and asking China to clarify these regulations; saying that it violates International laws and escalates tensions in the South China Sea; affirming that the Philippines will not approve these regulations; (ii) The Foreign Ministry of the Phillipines also defined that the China’s “nine-dash-line” in the South China Sea completely vilolates international laws and threatens regional peace and stability; stating that the “China’s Exclusive Economic Zone is not allowed to exceed 200 nautical miles from its mainland and Hainan Island”; (iii) The Philippines determinedly persues its lawsuit against China at the international arbitration court of the law of the sea.
- Malaysia: Among the claimants in the South China Sea, Malaysia usually tends to avoid publicly criticizing China, even though China has 3-times sent its vessels to James reefs, 80km off Malaysia’s coast. Nevertheless, in response to China’s recent escalations in the South Sea, Malaysia has expressed tougher stance such as: (i) For the first time, Malaysian Prime Minister Najib Razak (September 2013) stated that China “had sent a mixed message” which gave Asian neibouring countries a negative view of China; China should solve maritime disputes with other ASEAN countries in “a more friendly way”; (ii) Malaysia refused China’s proposal of bilateral negotiations, “collaboration to exploit together” during the visit to Malaysia by the President Xi Jinping (Oct 2013); (iii) Malaysia declaired to build a new naval base in Bintulu, Sarwak (the largest town, 96 km off James reefs)... Notably, in the closed Conference of Foreign Ministers of ASEAN countries (on Jan 16th -17th 2014 ) in Myanma, Malaysia stance over the South China Sea had changed dramatically in comparision with those in the past, in which Malaysia had strongly protested to the enforcement measures of Fishery Law of Hainan; suggesting ASEAN countries to have appropriate responses to China's activities; did not accept the "setting aside dispute and exploiting jointly” guidelines of China; suggesting ASEAN and China to conclude COC.
- Indonesia: Indonesian Foreign Minister has protested China ADIZ on the South China Sea; expressed its concerns that the “Nine-dash-line” is overlapping Natuna Islands’ Exclusive Economic Zone; actively raised issues related to the disputes in the South China Sea at the closed Conference of Foreign Ministers of ASEAN countries in Myanmar (Jan 16th-17th 2014), urged the conclusion of COC.
- Japan: Japan's Defense Minister (Jan 12th) objected to “enforcement measures of Fishery Law of Hainan", saying that the unilateral imposition of such fishing restriction in waters as if this warters belongs only to China is unacceptable internationally; and that China is a threat to the current international order."
IV. Vietnam’s stance, perspective and goodwill:
1. Over China’s drilling rig operation in Vietnam’s exclusive economic zone and continental shelf: Since revealation of the rig, Vietnam has restrained and clearly underlined its stance and perspective in a statement by Vietnamese Foreign Ministry Spokesman and a protesting letter by Vietnam Oil and Gas Group (May 4th) as follows:
- HD981 rig’s location disclosed by China’s Maritime Safety Administration is totally within the exclusive economic zone and continental shelf of Vietnam, about 120 nautical miles off the coast of Vietnam;
- Vietnam has full historical evidence and legal grounds to prove its sovereignty over the Paracels and Spratlys as well as sovereign and jurisdical rights over its exclusive economic zone and continental shelf in accordance with the 1982 UN Convention on the Law of the Sea;
- All activities by a foreign entity in Vietnamese waters without Vietnam’s consent are illegal and invalid. Vietnam strongly objects to such activities;
- Vietnam strongly opposes China’s above action and firmly requests CNOOC to stop its illegal operations and remove HD981 rig out of Vietnamese waters.
- China’s above action goes against the cooperative spirit between the national oil and gas groups of both countries, the practice of international oil and gas activities as well as friendly and cooperative principles between Vietnam and China.
2. Vietnam’s general stance on the South China Sea: Vietnam’s consistent stance is that in pursuit of a fundamental and long-term solution to the disputes in the South China Sea, it’s imperative for the stakeholders to:
- Restrain, go to great length to maintain peace and stability, refuse to use force or coercion, strictly obbey UN Charter and international legal standards including 05 principles on peaceful coexistence, the 1982 UN Convention on the Law of the Sea; fully implement the Declaration on the Conduct of Parties in the South China Sea (DOC) and ASEAN Six-point principle on the South China Sea (2010), conclude a Code of Conduct in the South China Sea (COC) in a timely manner.
- Persistantly pursue peaceful solutions to sovle the disputes, in accordance with international law; respect freedom of navigation and put concerted effort to securing safety for ships through the South China Sea in keeping with the 1982 UN Convention on the Law of the Sea; enhance cooperation on sea safety and research, environment protection, disaster relief at sea, maritime crime prevention which contributes to trust building.