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On January 6, 2012, Mr. Yi XianLiang, Deputy Head of the Department of Boundary and Ocean Affairs under the Chinese Ministry of Foreign Affairs granted an online interview to Chinanews.com on the East Sea disputes.

In this regard, Dr. Le Quy Quynh, Head of the Marine Department - the National Boundary Commission, Ministry of Foreign Affairs of Vietnam, granted an interview to VnExpress. The interview is as follows:

 

Q: In his interview, Mr. Yi XianLiang said: “After the end of World War II, China recaptured the archipelagoes of “Xisha” (Chinese name for Vietnam’s Hoang Sa archipelago) and "Nam Sa" (Chinese name for Vietnam’s Truong Sa archipelago) from the Japanese troops. So, what is the historical truth?

A: At the San Francisco Peace Conference in 1951 – an important international conference to address the territorial issues after World War II, representatives of the then Vietnamese Government affirmed Vietnam’s sovereignty over the two archipelagoes of Hoang Sa and Truong Sa without meeting any objection from participating countries whilst the draft resolution put forth by the Soviet Union on handing over the two archipelagoes to China was opposed by 48/51 votes. This shows that the demand for China’s sovereignty over the Hoang Sa and Truong Sa archipelagoes was rejected; and Vietnam's sovereignty over the two archipelagoes of Hoang Sa and Truong Sa was recognized at an important international conference after World War II. Thus, the aforesaid statement of Mr. Yi XianLiang totally runs counter to the historical fact at the time.

 

Q: Mr. Yi XianLiang said that “In December 1947, the Interior Ministry under the Chinese government issued "South China Sea Island Map," drawing the "dotted line" and naming several islands, sand-banks, etc. and officially announced to the outside world in 1948... The “dotted line” was to affirm China’s territorial sovereignty and relevant maritime interests. China’s “nine-dotted line” (or “bull tongue-shaped line”) claim in the East Sea introduced in 2009 has given rise to a lot of reaction from countries within and without the region, and has been largely criticised at many international workshops. Please let us know your opinion on this issue?

A: Prior to 2009, such claim had never been officially put forth by China. The "bull tongue-shaped line" absolutely has neither legal nor historical grounds as it was drawn arbitrarily without coordinates of specific points and has not been recognised internationally. In 2009, China, for the first time, officially submitted the “bull tongue-shaped line” claim to the United Nations without any detailed explanation. Soon, Vietnam and Indonesia and the Philippines sent diplomatic notes to the United Nations, protesting against China’s absurd claim. At recent international workshops, many international scholars from France, Belgium, USA, Indonesia, etc. have pointed out the absurdity of the “bull tongue-shaped line” claim whilst many scholars have also emphasised that the “bull tongue-shaped line” claim is the cause that gives rise to tension and complexity in the Ease Sea. Specifically:

- The “bull tongue-shaped line” claim totally runs counter to the 1982 UN Convention on the Law of the Sea, to which China is signatory; the sea covered by the “bull tongue-shaped line” can no way be the territorial waters, nor exclusive economic zone, nor continental shelf of China;

- So far, China’s legal documents on the sea have not made any mention to the “bull tongue-shaped line” claim;

- The fact is that the East Sea coastal states as well as those outside the region have rejected China’s “bull tongue-shaped line”;

- China’s “bull tongue-shaped line” violates the exclusive economic zone and continental shelf of five countries, namely Vietnam, the Philippines, Indonesia, Malaysia and Brunei.

 

Q: Mr. Yi XianLiang affirmed that China has sufficient historical and legal evidence on its sovereignty over “Nansha"(Truong Sa). What is your opinion on this issue?

A: As far as the issue of territorial sovereignty over the two archipelagoes of Hoang Sa and Truong Sa is concerned, Vietnam has sufficient legal ground and historical evidence to prove that it has actually possessed the two archipelagoes at least from the 17th century when the two archipelagoes had not belonged to any state. From the 17th to 19th centuries, the feudal state of Vietnam had carried out various activities to exercise its sovereignty over the archipelagoes, such as sending out Hoang Sa detachments there for surveys, showing the archipelagoes on maps, erecting stele, building temples, managing and organising fishing activities in the Hoang Sa archipelago. Legal documents of the Vietnamese feudal state such as royal original texts, decrees, which are now kept at Vietnam’s archives, clearly affirm Vietnam’s indisputable sovereignty over the Hoang Sa and Truong Sa archipelagoes.

During the period of French domination (from late 19th to the first half of the 20th centuries), France, on behalf of Vietnam, continued excercising the management of the Hoang Sa and Truong Sa archipelagoes; from 1930s, France annexed the Hoang Sa and Truong Sa archipelagoes into mainland provinces of Vietnam and sent troops to station on the two archipelagoes; later, pursuant to the Geneva Accords, France transferred the two archipelagoes to the Saigon administration – the Government of the Republic of Vietnam. After 1975, the state of the Socialist Republic of Vietnam took control of the islands in the Truong Sa archipelago.

Thus, the exercise of territorial sovereignty of the state of Vietnam over the two archipelagoes of Hoang Sa and Truong Sa has been conducted in a real, peaceful and continuous manner in conformity with international law. However, in 1956, China sent its troops to occupy the islands east of the Hoang Sa archipelago; in 1974, China entirely occupied the Hoang Sa archipelago by force; and in 1988, China occupied some submerged rocks in the Truong Sa archipelago by force. China's act seriously violates international law and runs counter to the spirit of the Charter of the United Nations, and is condemned by many countries all over the world.

 

Q: Mr. Yi XianLiang said that in 1958, the then Vietnamese Prime Minister Pham Van Dong sent a diplomatic note to Chinese Premier Zhou En Lai, recognizing China's sovereignty over “Xisha” islands (Hoang Sa) and "Nam Sa" (Truong Sa). Please let us know your opinion on this matter?

A: The content of the diplomatic note dated 14 September 1958 is clear: The Government of the Democratic Republic of Vietnam only noted, agreed to and respected the Decision of the Government of the People's Republic of China on its territorial waters of 12 nautical miles. The note had nothing to do with the issue of territorial sovereignty over the Hoang Sa and Truong Sa archipelagoes lying south of the 17th parallel which, in conformity with the Geneva Accords, were under the managerial authority of the South Vietnamese administration – the Government of the Republic of Vietnam.

The opinion that the note dated 14 September 1958 is the evidence showing the Vietnamese government’s recognition of China’s sovereignty over the two archipelagoes of Hoang Sa and Truong Sa is a distortion of history. So far, Vietnam has never made any statement giving up its sacred sovereignty over the two archipelagoes of Hoang Sa and Truong Sa.

In September 1975, upon receiving a delegation of the Communist Party of Vietnam visiting China, the then Chinese leader Deng Xiaoping said: "There exist disputes on sovereignty between the two countries over the Hoang Sa and Truong Sa archipelagoes, which will be discussed and settled later.” This content was reiterated in the Memorandum dated 12th May 1988 of the Chinese Ministry of Foreign Affairs. In the negotiations on maritime issues between the two countries, including the recent round of negotiations on the agreement on basic principles guiding the settlement of maritime issues, both sides clearly stated their views on the issue of sovereignty over the Hoang Sa and Truong Sa archipelagoes.

Let me reiterate once again that Vietnam's stance on both Hoang Sa and Truong Sa archipelagoes is clear and consistent. Vietnam is the first and only state that has exercised its rights of mastery over the Hoang Sa and Truong Sa archipelagoes in a peaceful, stable and uninterrupted manner. Vietnam has sufficient historical evidence and legal basis to affirm its sovereignty over the archipelagoes of Hoang Sa and Truong Sa. On the other hand, Vietnam advocates settlement of all disputes in the East Sea by peaceful means on the basis of respect of international law and practices, particularly the 1982 UN Convention on the Law of the Sea and the spirit of the 2002 Declaration on the Conduct of Parties in the East Sea.

 

Q: What is your comment on Mr. Yi XianLiang’s statement that oil and gas operations in the “South Sea” (East Sea) would be illegal without China’s consent?

A: As a signatory and ratifier of the 1982 UN Convention on the Law of the Sea, Vietnam has been fully excercising national sovereignty, sovereignty rights and jurisdiction rights over its islands, sea waters and continental shelf in conformity with the provisions of the Convention.  Particularly, Vietnam has carried out inspection and control to ensure law enforcement on its waters and islands; conducted exploration and exploitation of natural resources as well as marine environment protection, including oil and gas exploration and exploitation. The oil and gas activities are conducted within the exclusive zone and continental shelf of 200 nautical miles of Vietnam, there is no dispute with any country in these areas.

China itself is also a ratifier of the 1982 UN Convention on the Law of the Sea, who should be obliged to abide by the provisions of this Convention.

Mr. Yi XianLiang’s above-mentioned statement is absolutely unreasonable, offending sovereignty, sovereignty rights and jurisdiction rights of coastal states as provided by the 1982 UN Convention on the Law of the Sea 1982.

 

(Source: VnExpress)