Contracting Parties > United Nations Convention on the Law of the Sea > Viet Nam
|Signature||December 10, 1982|
|Ratification||July 25, 1994|
|Entry into force||November 16, 1994|
Declarations, Reservations etc.On 7 June 1996, the Secretary-General received from the Government of Viet Nam, the following declaration:
"1. The People's Republic of China's establishment of the territorial baselines of the Hoang Sa archipelago (Paracel), part of the territory of Viet Nam, constitutes a serious violation of the Vietnamese sovereignty over the archipelago. the Socialist Republic of Viet Nam has on many occasions reaffirmed its indisputable sovereignty over the Hoang Sa as well as the Truong Sa (Spratly) archipelagoes. The above-mentioned act of the People's Republic of China which runs counter to the international law, is absolutely null and void. Furthermore, the People's Republic of China correspondingly violated the provisions of the 1982 United Nations Convention on the Law of the Sea by giving the Hoang Sa archipelago the status of an archipelagic state to illegally annex a vast sea area into the so-called internal water of the archipelago.
2. In drawing the baseline at the segment east of the Leizhou peninsula from point 31 to 32, the People's Republic of China has also failed to comply with the provisions, particularly articles 7 and 38, of the 1982 United Nations Convention on the Law of the Sea. By so drawing, the People's Republic of China has turned a considerable sea area into its internal water which obstructs the rights and freedom of international navigation including those of Viet Nam through the Qiongzhou strait. This is totally unacceptable to the Socialist Republic of Viet Nam."
On 23 February 1987, the Secretary-General received from the Government of Viet Nam the following communication concerning the declarations made by the Philippines and by China:
"...The Republic of the Philippines, upon its signature and ratification of the 1982 U.N. Convention on the Law of the Sea, has claimed sovereignty over the islands called by the Philippines as the Kalaysan. The People's Republic of China has likewise claimed that the islands, called by the Philippines as the Kalaysan, constitute part of the Nansha Islands which are Chinese territory. The so-called "Kalaysan Islands" or "Nansha Islands" mentioned above are in fact the Truong Sa Archipelago which has always been under the sovereignty of the Socialist Republic of Vietnam. The Socialist Republic of Vietnam has so far published two White Books confirming the legality of its sovereignty over the Hoang Sa and Truong Sa Archipelagoes.
The Socialist Republic of Vietnam once again reaffirms its indisputable sovereignty over the Truong Sa Archipelago and hence its determination to defend its territorial integrity."
Declaration made upon ratification:
"The Socialist Republic of Vietnam, by ratifying the 1982 UN Convention on the Law of the Sea, 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 National Assembly reaffirms the sovereignty of the Socialist Republic of Vietnam over its internal waters and territorial sea; the sovereign rights and jurisdiction in the contiguous zone, the exclusive economic zone and the continental shelf of Vietnam, based on the provisions of the Convention and principles of international law and calls on other countries to respect the above-said rights of Vietnam.
The National Assembly reiterates Vietnam's sovereignty over the Hoang Sa and Truong Sa archipelagoes and its position to settle those disputes relating to territorial claims as well as other disputes in the Eastern Sea through peaceful negotiations in the spirit of equality, mutual respect and understanding, and with due respect of international law, particularly the 1982 UN Convention on the Law of the Sea, and of the sovereign rights and jurisdiction of the coastal states over their respective continental shelves and exclusive economic zones; the concerned parties should, while exerting active efforts to promote negotiations for a fundamental and long-term solution, maintain stability on the basis of the status quo, refrain from any act that may further complicate the situation and from the use of force or threat of force.
The National Assembly emphasizes that it is necessary to identify between the settlement of dispute over the Hoang Sa and Truong Sa archipelagoes and the defense of the continental shelf and maritime zones falling under Vietnam's sovereignty, rights and jurisdiction, based on the principles and standards and specified in the 1982 UN Convention on the Law of the Sea.
The National Assembly entitles the National Assembly's Standing Committee and the Government to review all relevant national legislation to consider necessary amendments in conformity with the 1982 UN Convention on the Law of the Sea, and to safeguard the interest of Vietnam.
The National Assembly authorizes the Government to undertake effective measures for the management and defense of the continental shelf and maritime zones of Vietnam."