On behalf of the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia (hereunder called “the two signing parties”);
With the wish of building the border line of peace, security and long-term stability between the two countries, on the basis of independence, sovereignty and territorial integrity, without interfering in each other’s internal affairs, cooperation and equality of mutual benefits in order to maintain and enhance the friendly neighborly relations and traditional solidarity between the two countries;
With the objective of putting an early end to the process of demarcation and marker planting of the common border line between the two countries;
Mr Phan Văn Khải, Prime Minister of the Socialist Republic of Vietnam
and
Mr Samdech Hun Sen, Prime Minister of the Royal Government of Cambodia
Have decided to sign the Additional Treaty on the Land Border Planning between the Socialist Republic of Vietnam and the Kingdom of Cambodia (hereunder called “the Additional Treaty”) in order to confirm the additions as compared to the border line already planned by the Treaty on Planning the National Border Line between the Socialist Republic of Vietnam and the People’s Republic of Cambodia signed on December 27, 1985 (hereunder called “The 1985 Treaty on Border Planning”);
With the following agreements:
Article I:
The two signing parties unanimously agree to apply a number of principles and solutions on the basis of the 1985 Treaty on Border Planning in order to adjust the direction of the land border line in some concrete areas:
1/ The two signing parties unanimously agree to apply the principles and international realities on the border along rivers and streams to plan the river and stream border in the whole land border line between the two countries, specifically:
- As for the sections of border rivers and streams unnavigable for boats and ships, the border line shall run along the median line of the main current.
- As for the sections of border rivers and streams navigable for boats and ships, the border line runs along the median line of the main current navigable for boats and ships.
The above-said principles are reflected as follows:
1.1. The main position of the median line of the main current or the main flow navigable for boats and ships and inclusion of sand banks and erosion along the banks of rivers and streams shall be determined by the two signing parties in the demarcation and marker planting process.
The main criteria to determine the main current is the discharge of the flow at the average level. The main criteria to determine the main flow for boats and ships to navigate is the depth of the flow navigable for boats and ships in combination with the width and the radius of curve of the flow navigable for boats and ships for the general consideration. The median line of the main current for navigation is the median of the water surface between the two corresponding isobaths marking the main navigable current.
1.2. In case when there is no agreement of the two signing parties, any change happening to rivers and streams taken as the border shall not change the direction of the border, shall not affect the position of the border as well as the inclusion of sand banks. The sand banks appeared on rivers and streams that are used as the border after the border line is determined in the field shall be planned along the border line already determined in the field. As for sand banks that have just appeared and lie on the border line already determined in the field, the two signing parties shall discuss to determine the inclusion of these sand banks on the basis of equality and reasonability.
1.3. In case when difficulties arise in applying the above-said stipulations, the two sides shall exchange in a friendly way with a view to finding out a solution acceptable for the two sides.
2/ In the process of settling the land border issues between Vietnam and Cambodia, to determine the direction of the border line for 6 (six) areas signed by the two parties, if there are difference in viewpoints during the rounds of talks of the Joint Committee on Border from 1999 to 2000, the two signing parties have unanimously agreed to base themselves on the following factors to consider and apply:
- The legal factors used by the colonial administration to draw the land border line between Vietnam and Cambodia;
- The status quo of management and real occupation by the inhabitants through a lot of generations;
- The topographical characteristics suitable to the principles of the law and international realities shall be applied for the determination of the direction of the border through different topographical forms like the water divide, the mountain ridge and the line connecting the summit points.
Article II:
1/ Article I of the 1985 Treaty on Border Planning is amended in these following 6 (six) specific sections of the border:
1.1. As for the border section in the adjacent area between Mo Rai commune, Sa Thẩy district, Kon Tum province (Vietnam) and Ta Veng Krom commune, Ta Veng district, Ratanakiri province (Cambodia), it is because of the fact that the Bonne map of a scale of 1/100,000 with nomenclature of DAKTO 148W attached to the 1985 Border Planning Treaty was left blank and did not match with the Bonne map of a scale of 1/100,000 with nomenclature of YALI 156W attached to the 1985 Border Planning Treaty, based on the content reflected in the UTM map of a scale of 1/50,000 with nomenclature of PHUM KHAM DORANG 6437-I attached to the 1985 Border Planning Treaty, the two parties have unanimously agreed to amend the border section as follows:
“…. from Point A at the crossroad of the nameless stream going upstream to Point B”
The above-said amended border section is reflected in the red line on the plan of a scale of 1/50,000 in Appendix 1 of this additional Treaty.
1.2 As for the border section in the adjacent area between La O commune, Chư Pả district, Gia Lai province (Vietnam) and Nhang commune, Andaung Meas district, Ratanakiri province (Cambodia) because of the fact that the Bonne map of a scale of 1/100,000 with nomenclatures of YALI 156W and BOKHAM 164W attached to the 1985 Border Planning Treaty, based on the content reflected in the map UTM of a scale of 1/50,000 with nomenclature PH.THONG 6436-I attached to the 1985 Border Planning Treaty, the two parties have unanimously agreed to amend this border section as follows:
“….from Point A at the confluence of the nameless stream and the Nậm Sa Thầy river, the border line runs in the direction of Nậm Sa Thầy to the confluence between the Nậm Sa Thầy river and the Sê San river, and then along the Sê San river to Point B”.
The above-said section of the amended border is reflected in a red line on the plan of a scale ò 1/50,000 in Appendix 2 of this additional Treaty.
1.3. As for the border section of the adjacent area between Ea Bung commune, Ea Súp district and Crông Na commune, Buôn Đôn district, Dak Lak province (Vietnam) and Sre Huy commiune, Koh Nhet district, Mondukiri province (Cambodia), it is due to the fact that the Bonne map of a scale of 1/100,000 with nomenclatures of KOMAYOL 172W and BANDON 181W attached to the 1985 Border Planning Treaty did not match, based on the content reflected in three maps UTM of a scale of 1/50,000 with nomenclature YALOP 6535-IV, YOKMBRE 6535-III and MEREUCH 6435-II attached to the 1985 Border Planning Treaty, the two parties have unanimously agreed to the following amendments:
“…. from Point A, the border line runs along the straight line to Point B of a nameless stream and then runs along this stream to meet the Srepok river”.
The two signing parties have unanimously agreed to amend the border section along this straight line in the process of reviewing and transferring the draw of the border line from the map Bonne of a scale of 1/100,000 to the map UTM of a scale of 1/50,000.
The above-said amended border section is reflected in a red line on the plan of a scale of 1/50,000 in Appendix 3 of this additional Treaty.
1.4. As for the border section of the adjacent area between Vĩnh Xương commune and Phú Lộc commune, Tân Châu district and Phú Hữu commune, An Phú district, An Giang province (Vietnam) and Kaâm Sammar commune, Loeuk Dek district and Prek Chrey commune, Koh Thom district, Kandal province (Cambodia) (in the area between the Mekong river and the Hậu Giang river, the two signing parties shall base themselves on the results of the bilateral survey in the field to adjust the above-said border section to be in conformity with Point 2, Article 1 of this additional Treaty.
1.5. As for two border sections of the adjacent area between Khánh An commune and Khánh Bình commune, An Phú district, An Giang province (Vietnam) and Prek Chrey commune and Sampeou Pun commune (Bình Ghi canal), Koh Thom district, Kandal province (Cambodia), based on the content reflected in the map UTM of a scale of 1/50,000 with nomenclature of TÂNCHÂU 6030-IV attached to the 1985 Border Planning Treaty, the two signing parties have unanimously agreed to amend this border section as follows:
“…. from Point A, the border line runs upstream of the Bassac river (Hậu Giang province) to the confluence between the Bassac river and Bình Ghi canal, and then along Bình Ghi canal to Point B”.
The two amended border sections are reflected in a red line on the plan of a scale of 1/50,000 in Appendix 4 of this additional Treaty.
2/ As for the border section in the adjacent area between Quảng Trực commune, Dak Rlâp district, Dak Lak (Dak Nông) province (Vietnam) and Dak Đam commune, Ô Reng district, Mondunkiri province (Cambodia) the two signing parties have unanimously agreed to continue their exchanges.
Article III:
To create the technical conditions favorable to the process of land border demarcation and marker planting, the two signing parties have unanimously agreed to the following points:
1. The technical experts of each signing party shall review the transfer of drawing the border line from the Bonne map of a scale of 1/100,000 of the Geography Office of Indochina attached to the 1985 Border Planning Treaty to the UTM map of a scale of 1/50,000 attached to the 1985 Border Planning Treaty. The technical experts of the two signing parties shall meet in the end of 2006 to compare notes their own results and to propose the technical solutions to the Joint Committee on Border for consideration and approval.
As for the areas which the two parties are still not of unanimity of view concerning the results for comparing as well as the technical solutions, the border line in these areas shall be kept intact like the Bonne map of a scale of 1/100,000.
2. The Vietnamese side shall help the Cambodian side to print 5 (five) sets of 40 base maps UTM of a scale of 1/50,000 with the base similar to the topographical base of the UTM map of a scale of 1/50,000 attached to the 1985 Border Planning Treaty.
3. Promote the meetings at the level of the Joint Committee on Border and at the specialists’ level so as to be able to deploy the demarcation and marker planting in the field (starting from the first quarter of 2006 to the second quarter of 2008).
4. The two signing parties strive to complete the land border demarcation and marker planting work before December 2008 and deploy the making of the set of topographical maps in the border area of the two countries so as to record the results of the demarcation and marker planting in the field, considering it the set of official maps on the border between the two countries.
5. Until the two sides complete the demarcation and marker planting work, the management of the border shall continue to be carried out in accordance with the Press Release of the Governmental Prime Ministers of the two Governments on January 17, 1995.
Article IV:
The two signing parties have decided to assign to the Joint Committee on Border with the following tasks:
1. To make a master plan to implement the roadmap of demarcation and marker planting of the common border, called TOR (terms of reference), before the end of 2005.
2. To demarcate and plant border markers in the whole land border line between Vietnam and Cambodian as pointed out in Article 1 of the 1985 Border Planning Treaty and Article I, Article II and Article III of this additional Treaty.
3. To make the map of the national border line between the Socialist Republic of Vietnam and the Kingdom of Cambodia.
4. To draft the Protocol on demarcation and marker planting in the land border line between the two countries, including the detailed documents on the border line, the national markers and the border line map between the two countries reflecting the direction of the border line and the position of the national markers in the whole line.
The said Protocol on the demarcation and marker planting of the land border line shall be the componential part of the 1985 Border Planning Treaty and this additional Treaty. The set of the maps of the border line between the two countries mentioned in point 3 of this article shall replace 26 Bonne maps of a scale of 1/100,000 and 40 UTM maps of a scale of 1/50,000 attached to the 1985 Border Planning Treaty and 4 (four) plans attached to this additional Treaty.
Article V:
In case there is any difference on the explanation and implementation of the this additional Treaty, the two sides shall settle it by peaceful means through discussion and negotiation.
Article VI:
This additional Treaty shall ratify and takes effect since the date of exchanging the ratified documents.
Four appendices attached to the Treaty are an inseparable part of this additional Treaty.
This Treaty has been completed in Hanoi on October 10, 2005, into two original copies, each copy is written in Vietnamese, Cambodian and French ; all these three copies are of equal value. In case there is a different explanation, the copy in French shall be taken as a base.
On behalf of the Government of the On behalf of the Government of
Socialist Republic of Vietnam the Royal Government of Cambodia
Prime Minister Phan Van Khai Prime Minister Hun Sen
(signed) (signed)