On the morning of July 17, 2024 (local time), at the United Nations (UN) headquarters in New York, Ambassador Dang Hoang Giang, Head of the Permanent Mission of Viet Nam to the UN, and the working delegation of the Vietnamese Ministry of Foreign Affairs led by Ambassador Trinh Duc Hai, Vice Chairman of the National Border Committee, officially presented Viet Nam’s Submission on the Limits of the Extended Continental Shelf Beyond 200 Nautical Miles (hereinafter referred to as the ECS) of Viet Nam in respect of the Central area of the East Sea/South China Sea to the UN Commission on the Limits of the Continental Shelf (CLCS).

This is Viet Nam’s third Submission on the Limits of the ECS beyond 200 nautical miles in the South China Sea. Viet Nam submitted a separate Submission in respect of the Northern Area of the South China Sea and a Joint Submission with Malaysia the Southern part of the South China Sea. Viet Nam's submissions on the outer limits of the ECS all are in accordance with Article 76 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS).

According to the executive summary,[1] the area delineated in Viet Nam's Submission on the Limits of the ECS in respect of the Central area of the South China Sea is as follows:

  • The Northern boundary is defined by the straight lines connecting the fixed points delineating the outer limits of Vietnam's
  • The Western boundary is the 200 nautical mile limit from the baseline from which the breadth of Vietnam's territorial sea is measured;
  • The Eastern boundary is the segments of the 200 nautical mile limits from the territorial sea of the Philippines and the intersection of the 200 nautical mile limits of the Philippines and Malaysia, respectively;
  • The Southern boundary is the Northern boundary of the Defined Area set out in the Viet Nam - Malaysia Joint Submission on the Limits of Continental Shelf in respect of the Southern part of the South China Sea.

According to the executive summary, Vietnam has delineated the outer limits of Viet Nam’s ECS by applying the Foot of Slope (FOS) method and the line connecting points not more than 60 nautical miles apart (Hedberg formula). The outer limits of Viet Nam’s ECS consists of 78 fixed points. Viet Nam also made clear to the CLCS that this area overlaps with some areas claimed by relevant coastal States. Viet Nam opines that this Submission does not prejudice the maritime delimitation between Viet Nam and other relevant coastal States.

[NEW LEGAL DEVELOPMENTS IN THE SOUTH CHINA SEA] Viet Nam presents the Submission on the Limits of the Extended Continental Shelf beyond 200 nautical miles in respect of the Central area of the East Sea (South China Sea)

Map by SCS Studies, for illustrative purpose only

On July 18, the Philippine Department of Foreign Affairs issued a Statement on Viet Nam's unilateral Submission on the Extended Continental Shelf, stating that the Philippines acknowledges Viet Nam's submission in the South China Sea and is ready to work with Viet Nam on possible ways forward to achieve a mutually beneficial resolution to South China Sea issue, in accordance with international law, particularly UNCLOS.[2]

On the same day, at a regular press conference, responding to Xinhua News Agency's question about Viet Nam's Submission, Chinese Foreign Ministry Spokesperson Lin Jian said: According to the Rules of Procedure of the CLCS, submissions will not be considered where a dispute exists. China will remain committed to properly handling disputes in the South China Sea through dialogue and consultation with relevant parties.[3]

Regarding Viet Nam's Submission on the Limits of the Extended Continental Shelf, the Spokesperson of Vietnamese Ministry of Foreign Affairs Pham Thu Hang said during a regular press conference on July 18: Viet Nam’s position was clearly stated in the Ministry of Foreign Affairs' statement on Viet Nam's Submission of the Continental Shelf Boundary extending beyond 200 nautical miles in the Central Area of the East Sea. To demonstrate its goodwill and responsibility, Viet Nam has notified relevant countries about this issue through diplomatic channels. The discussions took place in an atmosphere of sincerity, friendship and frankness. All countries recognize and respect Viet Nam's right to submit a submission on the boundary of the continental shelf extending beyond 200 nautical miles, in accordance with the provisions of Article 46 of the 1982 UNCLOS.[4]

[Updated as of 20:00 on July 18]


References:

[1] https://www.un.org/depts/los/clcs_new/submissions_files/submission_vnm_95_2024.htm

[2] https://www.philippine-embassy.org.sg/statement-on-viet-nams-unilateral-submission-of-extended-continental-shelf/

[3]  https://www.fmprc.gov.cn/eng/xw/fyrbt/lxjzh/202407/t20240730_11463263.html

[4] https://www.vietnam.vn/en/viet-nam-thong-tin-voi-cac-nuoc-lien-quan-viec-nop-de-trinh-ranh-gioi-them-luc-dia-mo-rong-tai-bien-dong/