Coastal nations having continental shelves extending beyond 200 nautical miles from the territorial baselines must lodge their claims to the United Nations’ Commission on the Limits of the Continental Shelf (CLCS), which was created by the 1982 Convention, for its review and recommendation. The preparation of the national report on the boundary of the continental shelf beyond 200 nautical miles must comply with the provisions of the 1982 Convention specified in Article 76 and Annex II, the Scientific and Technological Guidelines of the CLSC. A coastal nation can make a partial report first to avoid dispute over the sea and to meet the deadline, with componential reports to be submitted later.


2. The deadline for submission

The deadline of 13 May 2009 to submit national reports to the CLCS was set for member states acceding to the 1982 U.N. Convention on the Law of the Sea prior to 13 May 1999. If a coastal state, after the time-limit of 10 years as provided for by the Convention, failed to submit a report (full or preliminary), such state would be regarded as having no claim and renouncing its right to extend the continental shelf beyond 200 nautical miles.

By the deadline of 13 May 2009, 50 national reports were officially submitted to the CLCS. In addition, 44 nations made submissions of preliminary information on the continental shelves, and registered definite timings for completing their submissions to the CLCS (the CLCS just took notes without considering submissions of  preliminary information).

3. Vietnam’s aim and requirement

Pursuant to the regulations the 1982 Convention and the CLCS as well as the natural conditions of the waters in the East Sea, our continental shelf extends beyond 200 nautical miles. Under the specific natural conditions of each sea area and political and legal requirements, Vietnam has divided its continental shelf beyond 200 nautical miles into three areas, namely the northern area, the central area and the southern area (submission in respect of the southern area was lodged to the CLCS in the joint report with Malaysia), in which the northern one is based on Vietnam’s extended continental shelf to the east, the central and the southern ones are the natural stretches of the continental shelf to the southeast. Vietnam has also made three separate national reports for each of the sea areas.

As a coastal nation, Vietnam should build the national report to submit to the CLCS to ensure its national interests, protect its right to the continental shelf beyond 200 nautical miles, and at the same time to have the scientific basis to work out stipulations on the boundary of its exclusive economic zone and continental shelf. Under the provisions of the 1982 Convention, the deadline for Vietnam to submit its national report to the CLCS was 13 May 2009.

The preparation of Vietnam’s national report on the boundary of the continental shelf beyond 200 nautical miles was carried out in almost eight years from 2002 to 2009, including two major parts of work: (1) Conducting comprehensive geo-physical (seismic) survey, measuring depth, defining the baseline, processing and interpreting the documents of measurements and surveys and collecting relevant international documents; and (2) Building the national report.

4. Contents of the national report to define the boundary of Vietnam’s continental shelf beyond 200 nautical miles

Our fundamental legal viewpoint throughout the preparation of the national report:

- Affirming Vietnam’s sovereignty over the two archipelagoes Hoang Sa and Truong Sa; however, scientific references from these two archipelagoes would not be used for the report. This complied with the provisions of Article 121 of the 1982 UN Convention on the Law of the Sea 1982 on island status. With regard to the joint report between Vietnam and Malaysia, the two sides agreed to define the continental shelf areas beyond 200 nautical relating to the two countries without affecting the sovereignty and interests of either of them as well as other relevant countries.

- Affirming the national sovereignty, sovereign rights and jurisdiction over the sea areas and continental shelf stipulated by the 1982 Convention; abiding by the 1982 Convention and respecting the international treaties and agreements on marine delimitation which were signed and implemented by the concerned countries.

- The preparation of the national report on the boundary of the continental shelf for submission to the CLCS and the CLCS’s consideration of the report would not cause any impact on Vietnam’s sovereignty over its sea and islands, and the marine delimitation between Vietnam and other concerned countries later on.

Each report consisted of 600-800 pages of documents, support documents and a lot of attached documents and maps with the total weight of about 150 kg. The language used in the report is English.

5. Submission of Vietnam’s national report on the boundary of the continental shelf beyond 200 nautical miles and reactions from other countries

On 6 May 2009, the Vietnamese Permanent Mission to the UN, in coordination with Malaysia, submitted the joint report between Vietnam and Maylaysia and, on 7 May 2009, the Mission submitted Vietnam’s own report on the northern sea area to the CLCS, meeting the deadline of 13 May 2009. The CLCS Serectariat received the reports and immediately posted the summaries of the Vietnam-Malaysia joint report as well as Vietnam’s partial report on the sourthern sea area (VNM-N) in the UN website.

After Vietnam submitted the joint report and the national report on the northern sea area, on 7 May 2009, the Permanent Mission of China to the UN sent a note to the UN Secretary-General protesting the two submissions, requesting the CLCS for not considering them; and, for the first time, affirming China’s claim over the East Sea according to the "nine-dotted line" (“bull tongue line”). On 8 May 2009, Vietnam's Mission to the UN sent a diplomatic note, protesting China’s note, reaffirming Vietnam’s sovereignty over the archipelagoes of Hoang Sa and Truong Sa, protesting China’s “nine-dotted line” claim, seeing it as an absurd claim without legal, historical and practical grounds.

The preparation of the national report on the boundary beyond Vietnam’s continental shelf was carried out expeditiously, under the close care and guidance of the Party, State and Government. The completion for timely submission and presentation of the national report is an important achievement, confirming the scientific and legal basis for defining the boundary of Vietnam’s continental shelf on the basis of the 1982 Convention on the Law of the Sea and the natural conditions of Vietnam’s sea and continental shelf, ensuring Vietnam’s legitimate rights and interests in the East Sea. The fact that a developing country like Vietnam was able to submit its full national report constitutes a great effort, which has been highly appreciated by the international opinions and experts, and widely supported by our people at home and abroad. The contents of the report will be used as a basis for Vietnam to introduce specific stipulations on the boundary of the exclusive economic zones and continental shelf.

On 27 August 2009, Vietnam, in coordination with Malaysia, submitted their joint report, and on 28 August 2009, Vietnam submitted the national report of its own for the northern sea area, to the CLCS. Vietnam proposed the CLCS should set-up sub-commissions soon to consider its national report and continue working the sub-commissions to successfully defend its national reports on the boundary of continental shelf./.