Vietnam has put into circulation at the United Nations a report on its
implementation of the 1982 UN Convention on the Law of the Sea (Unclos ) on the
occasion of the 30th anniversary of the signing of the Convention.
Following is the full text of the
report:
The United Nations Convention on
the Law of the Sea ("Unclos " or "Convention") was adopted
30 years ago in Montego Bay, Jamaica, marking an enormous success of the Third
UN Conference on the Law of the Sea.
This Convention now became the
primary instrument governing the conduct of States in their uses of the ocean.
The adoption of the 1982 United Nations Convention on the Law of the Sea met
the desire and expectations of the international community for a fair
international legal framework related all issues on the sea and ocean,
including seabed and the subsoil of the submarine areas.
The process of negotiation of the
Unclos took years to be completed with
efforts of over 150 states and international organisations, including NGOs. To
date, 164 States are party to the Unclos. Unclos is a constitutive multilateral treaty,
setting out the rights and obligations of States and other international actors
in different maritime areas and in relation to various uses of the ocean.
Therefore, the Unclos is accepted by
such a large number of states, including land-locked ones.
The Unclos laid the foundation for the establishment of
a new legal order for issues related to the sea and ocean. The contents of the
Unclos covers comprehensively all
sea-related areas, taking into account the interests of all states in the
world, be they developed or developing, large or small, coastal or land-locked.
Since its entry into force on 16
November 1994, the Unclos has become an
important legal basis for regulating maritime issues as well as an important
legal instrument for settling and dealing with sea-related disputes. That is
why the Unclos is considered as "A
Constitution for the Oceans". Throughout its 30 years of existence, the
Unclos has been applied in a rather
effective manner in settling prolonged complex disputes, and helped avoid
potential conflicts.
As a country with 3,260km of coastline,
Vietnam 's interest in the sea is significant. Aware of the significance of the
sea, Vietnam has actively participated in the process of Unclos negotiations and made considerable efforts in
implementing the Convention. It always upholds the purposes and objectives of
the Unclos.
1. Since the adoption of the
Unclos , Vietnam has actively applied relevant provisions of general
international law as well as international law of the sea to develop its
legislative and regulatory acts relating to the sea. In conformity with the
progressive trend of international maritime law, Vietnam has promulgated
"Declaration on the Territorial Sea, Contiguous Zone, Exclusive Economic
Zone and Continental Shelf" in 1977 establishing the Exclusive Economic
Zone of 200 nautical mile (nm), extending the rights of Vietnam to the sea, not
just confined to the right to fishing rights, but also other sovereign rights
and jurisdiction. With this Declaration, Vietnam together with Kenya, Myanmar,
Cuba, Yemen, Dominique, Guatemala, India, Pakistan, Mexico and Seychelles were
the pioneering states in developing the concept of Exclusive Economic Zone,
thus contributing to the development and consolidation of the practice of
States, which later on became an important institution of the Unclos.
2. Vietnam has been actively and
constructively participated in the Third UN Conference on the Law of the Sea in
Montego Bay, Jamaica.
Right after the Unclos was adopted, Vietnam was among 107 states
signing the Convention on April 30, 1982. The National Assembly of Vietnam has
ratified the Convention on June 23, 1994, before the Convention entered into
force. Paragraph 1 of the Ratification Resolution made it clear that "the
Socialist Republic of Vietnam, by ratifying the Unclos , expresses its
determination to join the international community in the establishment of an
equitable legal order and in the promotion of maritime development and
cooperation".
The Ratification Resolution of
Vietnam reaffirmed the sovereignty of the Socialist Republic of Vietnam over
its internal waters, territorial sea, sovereign rights and jurisdiction over
the Contiguous Zone, Exclusive Economic Zone and Continental Shelf based on the
provisions of the Unclos and principles
of international law, and called on other countries to respect the
above-mentioned rights of Vietnam.
The Resolution also reaffirmed
the policy of Vietnam to settle disputes over territorial sovereignty and other
disagreements related to the East Sea (East Sea) through peaceful negotiations
in the spirit of equality, mutual understanding and respect, with due respect
for international law, particularly the Unclos
and respect for sovereign rights and jurisdiction of coastal states over
its Exclusive Economic Zone and Continental Shelf in accordance with the
principles of the Unclos.
3. Vietnam has applied provisions
of the Unclos to step by step complete
its legal system to create the legal framework for the management of the sea
and maritime economic activities, to facilitate the process of international
integration and to enhance cooperation with other countries for the maintenance
and promotion of peace and stability in the region and the world. On June 21,
2012, the National Assembly of Vietnam adopted the Vietnam Law of the Sea,
which was developed on the basis of the provisions of the Unclos with references to international and state
practice.
The Vietnam Law of the Sea
includes seven Chapters with 55 Articles, covering principles of management and
use of the sea, scope and regime of internal waters, territorial sea,
contiguous zone, exclusive economic zone, continental shelf, regime of islands,
archipelagos, activities in the Vietnamese sea areas, search and rescue,
protection of marine resources and environment, marine scientific research,
development of maritime economy, sea patrol and control and maritime
international cooperation.
By adopting its Law of the Sea,
Vietnam harmonises its sea-related laws with the provisions of the Unclos .
Vietnam's policy to settle the sea and insular disputes through peaceful means
on the basis of the international law and the Unclos is a clear statement that Vietnam is a responsible
member of the international community, respects and complies with international
law, including the Unclos, while also reflecting its resolve to strive for
peace, stability, cooperation and development of the region and the world.
Before the adoption of Vietnam
Law of the Sea, on June 14, 2005, the National Assembly of Vietnam adopted the
Vietnamese Maritime Code, which entered into force on Jan 1, 2006, governing
maritime navigation, entry and departure of Vietnamese seaports. In addition,
Vietnam has adopted a number of other laws related to the management and use of
the sea, such as the Petroleum Law (1993), Law on Water Resources (1998), Law
on Environmental Protection (1993), Law on National Border (2003), Fishery Law
(2004) and a number of Ordinances and Decrees.
4. Pursuant to the provisions of
the Unclos, Vietnam has been conducting effectively the management of and
implementing maritime economic activities in its Exclusive Economic Zone and
Continental Shelf for the development of the national economy and improvement
of people's living conditions.
The Vietnamese government always
provides sufficient protection of the lawful and legitimate rights and
interests of foreign actors in economic cooperation, management and
exploitation of maritime natural resources in conformity with the provisions of
the Unclos.
Vietnam has been proactively
working with parties concerned in the protection of the marine environment,
search and rescue at sea, natural disaster prevention and relief, and
prevention and combating crimes at sea, particularly piracy, which contributes
to the full implementation of the provisions of the Unclos .
Protection of natural resources
and marine environment are always attached importance to by the Vietnamese
government and are provided for in provisions of relevant legal documents
related to different areas of shipping, oil and gas, aqua farming and
processing, sea control and patrol. Vietnam has proposed various initiatives on
sustainable exploitation of natural resources of the sea and ocean, environment
protection and response to sea level rise.
Vietnam is well aware of the
obligation of search and rescue imposed on coastal states by the Unclos . The
country established the National Committee on Search and Rescue by Decision No.
780/TTG dated Oct 23, 1996 of the prime minister. The Committee is responsible
for instructing and implementing search and rescue activities for people and
vehicles (airplanes, ships, oil and gas facilities etc.) in distress in the
air, at sea and in the contiguous areas between Vietnam and other countries.
Vietnam has become a member of
the International Convention on Maritime Search and Rescue and will soon start
negotiations with countries concerned on the division of the areas for search
and rescue at sea.
5. On the basis of the consistent
policy to settle through peaceful means sea-related disputes and disagreements,
Vietnam has made significant efforts in effectively applying the Unclos to settle disputes related to maritime
delimitation with neighbouring countries in accordance with the principle of
equity in order to reach an acceptable solution.
Vietnam has signed: the Agreement
with Thailand on Maritime Delimitation on Aug 9, 1997; The Agreement with China
on the Delimitation of the Bac Bo (Tonkin) Gulf and on Fishery cooperation on
Dec 25, 2000, and The Agreement with Indonesia on the Delimitation of
Continental Shelf on June 26, 2003.
Vietnam are currently involved in
negotiations for delimitation of the area outside the mouth of Bac Bo (Tonkin)
Gulf with China, negotiations for the delimitation of Exclusive Economic Zone
with Indonesia and will conduct negotiations on sea-related issues with other
neighbouring countries.
Vietnam 's practice of
negotiations and conclusions of several agreements on maritime delimitation
with its neighbouring States represented the creative application of the
provisions of the Unclos and helped
enrich the international practice in maritime delimitation.
The results of negotiations for
delimitation between Vietnam and Thailand and China helped reaffirm the
undeniable trend of using the method of setting a medium line or equidistance
line as the starting point for an equitable solution and the trend of using a
single delimitation line for both Exclusive Economic Zone and Continental
Shelf.
On the other hand, Vietnam has
always made efforts to act in conformity with international law, including the
Unclos . In this spirit, in all discussions and exchanges of views on
territorial and maritime disputes related to the East Sea), Vietnam firmly
support the principle of "respect for international law, including the
Unclos ", which is viewed as a primary principle for settling and dealing with
insular and maritime disputes. Vietnam has managed to incorporate this
principle into the Documents of Asean, including the Declaration on the
Conducts of Parties in the East Sea (DOC), Six-Point Principles on the East Sea
on July 20, 2012. With Vietnam 's efforts, the principle "on the basis of
international law, Unclos to find a
long-term, fundamental solution to disputes in the East Sea " has been
incorporated into the Agreement on Basic Principles Guiding the Settlement of
Maritime Issues between Vietnam and China signed on Oct 11, 2011.
This testifies to the fact that
Vietnam not only strictly observes the provisions of the Unclos but also promotes the respect for and full
implementation of the contents of the Convention.
6. As recommended in Articles 74
and 83 of the Unclos , Vietnam is always prepared to conduct joint-development
cooperation with relevant parties in the disputed areas in accordance with the
provisions of the Unclos.
In 1992, Vietnam signed with
Malaysia the Memorandum of Understanding for the cooperation in exploration and
exploitation of petroleum in a defined area of the continental shelf involving
the two countries, which has been effectively implemented. Vietnam is currently
engaged in negotiations with Thailand and Malaysia on cooperation in the
Vietnam – Thailand – Malaysia Tripartite Overlapping Continental Shelf Claim
Area.
7. Exercising the rights and
obligations of coastal states under the Unclos , upon nearly 3 years of arduous
efforts (from 2007 to 2009), Vietnam has completed a quality submission on the
Continental Shelf beyond 200nm with scientific and legal evidences for
delineating its extended continental shelf in accordance with the guidelines of
the Commission on the Limits of the Continental Shelf. In early May 2009, Vietnam
submitted to the United Nations the Submission on the Limits of the Continental
Shelf beyond 200nm in the Northern part of the East Sea and Joint Submission
with Malaysia on the Limits of the Continental Shelf in the Southern part of
the East Sea.
On the 27th and 28th of August
2009, Vietnam presented the two Submissions at the Commission on the Limits of
the Continental Shelf and called for the Commission to promptly establish
sub-commissions to consider the Submissions in accordance with the provisions
of the Unclos as well as the Rules of
Procedure of the Commission. These undertakings reaffirmed Vietnam 's
determination to observe the Unclos .
8. Vietnam has been participating
proactively in activities under the auspices of international bodies established
by the Unclos . Vietnam is a member of the Council of the International Seabed
Authority and was elected as Vice President of the Assembly of the
International Seabed Authority. Vietnam has participated in all Meetings of the
State Parties to the Unclos held
annually at the United Nations General Assembly and made positive contributions
to promoting the effective implementation of the Convention.
Vietnam has also participated in
and made positive contribution to meetings of the International Seabed
Authority highlighting the role of the Unclos.
Vietnam has supported the
enhanced activities of the Commission on the Limits of the Continental Shelf
and the judicial function of the International Tribunal for the Law of the Sea
and has made annual financial contribution to foster the operation of bodies
established under the Convention. In the related forums, Vietnam has constantly
stated that countries conducting maritime activities must strictly abide by and
fully implement the provisions, rights and obligations enshrined in the Unclos.
Vietnam has proactively engaged
in discussions of and supported the ratification of the two Resolutions of the
United Nations General Assembly on the ocean and sustainable maritime fishing
activities as well as participating in the informal annual consultation on
issues related to the ocean and the Law of the Sea.
In addition, Vietnam also
participated in the formulation of various international and regional legal
documents related to the sea, including the Convention on the International
Maritime Satellite Organisation, and the Global Maritime Distress and Safety
System.
The country has established a
system of coastal information stations to maintain communication with and among
fishing boats. Inspection of vessels at seaports is always conducted in
accordance with regional agreements on governmental inspection at ports.
Vietnam has joined the International Maritime Organisation and other
instruments under the umbrella of this Organisation, including the 1973 International
Convention for the Prevention of Pollution from Ships and the 1978 Supplemented
Protocol (MARPOL 73/78), the International Convention on Tonnage Measurement of
Ships (Tonnage 69), the International Regulations for Preventing Collisions at
Sea (Colreg 72), the International Convention for the Safety of Life at Sea
(Solas 74), the International Convention on Load Lines (Load Line 66), the
International Convention on the Standards of Training, Certification and
Watch-keeping for Crew Members (STCW 78/95), the Convention for the Suppression
of Unlawful Acts Against the Safety of Maritime Navigation (SUA 88) and the
Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed
Platforms Located on the Continental Shelf, the International Convention on
Civil Liability for Oil Pollution Damage (CLC 1992 – Vietnam ratified the
Convention on July 1st 2003, and the Convention entered into force for Vietnam
since July 1st 2004), the Convention on Facilitation of International Maritime
Traffic (FAL), and the International Convention on Maritime Search and Rescue
(SAR 79).
Vietnam has signed a number of
Asean agreements related to shipping and maritime services, including the
Agreement for the facilitation of search of ships in distress and rescue of
survivors of ship accidents signed on May 15th 1975; the Asean Framework Agreement
on the Facilitation of Goods in Transit signed on December 16th 1998, the
General Agreement on Trade in Service signed in December 1995, the Asean
Framework Agreement on the Facilitation of Transnational Transport signed on
March 26th 2012.
Vietnam 's accession to
sea-related international and regional legal documents reflects the commitments
of the Government of Vietnam to the full observation of Unclos ' provisions.
In summary, over the past 30
years, the Unclos has provided a solid
international legal basis for defining the rights and obligations of coastal
states and for settling issues related to the sea and the ocean including sea
disputes.
As a coastal state, Vietnam has
always taken ac active role and made continuous efforts in observing and
implementing the Unclos in its integrity. Vietnam is of the view that a full
implementation of the rights and duties of all State Parties enshrined in the
Unclos will help avoid tensions and
disputes on the sea and better utilise sea and ocean resources for human
benefits.
Vietnam has fully abided by and
will continue to act in accordance with the purposes and objectives and
provisions of the Unclos , and urge other countries to take the same course of
action.
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