Right after having finished the negotiation and audience on October 11, General Secretary of the Communist Party of Vietnam Nguyễn Phú Trọng and General Secretary of the Communist Party of China and President of the People’s Republic of China Hu Jintao together with the senior delegations of Vietnam and China witnessed the signing ceremony of the important co-operation documents between the two Parties and States.
In these documents, there is a document called the Agreement on the Fundamental Principles guiding the settlement of the sea issues between the Socialist Republic of Vietnam and the People’s Republic of China.
Fundamental principles to settle sea issues between Vietnam and China
The delegations of the Governments of Vietnam and China unanimously believed that settling satisfactorily the sea issue between Vietnam and China is conforming to the fundamental interests and common aspirations of the people of the two countries, beneficial to peace, stability, co-operation and development in the region.
The two sides were of unanimity of views that based on the common awareness reached by the leaders of Vietnam and China concerning the sea issue, on the basis of “the Agreement on the Fundamental principles to settle the border and territory between the Socialist Republic of Vietnam and the People’s Republic of China in 1993, treating and settling the sea issue should observe the following principles:
1. Taking the overall situation of the relations between the two countries into consideration, stemming from the strategic and overall height, under the guidance of the motto “Friendly neighbourliness, comprehensive co-operation, long-term stability, orientation towards the future” and the spirit of “Good neighbours, good friends, good comrades, good partners”, being persistent through friendly consultations, treating and settling satisfactorily the sea issue, turning the East Sea into the sea of peace, friendship, co-operation, making a contribution to developing the comprehensive strategic partnership and co-operation between Vietnam and China, to maintaining peace and stability in the region.
2. In the spirit of respecting to the full the legal evidences and considering other related elements like history, at the same time paying attention to mutual reasonable worries, with the constructive attitude, trying to expand the common awareness, narrowing the differences, constantly pushing ahead the process of negotiation. Based on the legal regime and principles already defined by international law, including the 1982 UN Convention on the Law of the Sea, efforts are to be made to look for the fundamental and long-term solution acceptable to both sides to the sea dispute issues.
3. In the process of negotiating the sea issue, the two sides shall observe seriously the agreement and common awareness already obtained by the senior leaders of the two countries, seriously carrying out the principles and spirit of the “Declaration on the Conduct of the Parties in the South China Sea” (DOC). As far as the sea dispute between Vietnam and China is concerned, the two sides shall settle it through negotiation and friendly consultation. If the dispute is related to other countries, consultation shall be implemented with other sides in dispute.
4. In the process of looking for the fundamental and long-term solution to the sea issue, in the spirit of mutual respect, equal treatment, mutual benefits, the two sides shall actively discuss the solutions of transitional, temporary character without impacting the standpoint and policy of each side, including the active study and discussion on the co-operation for common development in accordance with the principle pointed out in Article 2 of this Agreement.
5. The sea issue should be settled in the orderly and progressive spirit, easy first difficulty later. The negotiation on determining the sea area outside the Tonkin Gulf mouth should be firmly accelerated, at the same time, the issue relating to co-operation for mutual development in this sea area should be actively discussed. The co-operation in the less sensitive areas such as the sea environmental protection, the sea scientific research, the sea rescue operation and the protection and mitigation of losses caused by natural disasters should be intensified. Efforts are to be made to enhance mutual trust to create conditions for settling the more difficult issues.
6. The two sides shall conduct the regular meetings of the Heads of the Negotiation Delegations at Governmental level twice a year in the rotation form, and when necessary, extraordinary meetings can be organized. The two side unanimously agreed to set up the hot line mechanism within the framework of the Governmental delegations so as to be able to have timely exchanges and satisfactory treatment of the sea issue./.