Vietnam has put into circulation at the United Nations a report on itsimplementation of the 1982 UN Convention on the Law of the Sea (UNCLOS)on the occasion of the 30 th anniversary of the signing of theConvention.
Following is the full text of the report:
The United Nations Convention on the Law of the Sea (“UNCLOS” or“Convention”) was adopted 30 years ago in Montego Bay, Jamaica,marking an enormous success of the Third UN Conference on the Law of theSea. This Convention now became the primary instrument governing theconduct of States in their uses of the ocean. The adoption of the 1982United Nations Convention on the Law of the Sea met the desire andexpectations of the international community for a fair internationallegal framework related all issues on the sea and ocean, includingseabed and the subsoil of the submarine areas. The process ofnegotiation of the UNCLOS took years to be completed with efforts ofover 150 states and international organizations, including NGOs. Todate, 164 States are party to the UNCLOS. UNCLOS is a constitutivemultilateral treaty, setting out the rights and obligations of Statesand other international actors in different maritime areas and inrelation to various uses of the ocean. Therefore, the UNCLOS is acceptedby such a large number of states, including land-locked ones. TheUNCLOS laid the foundation for the establishment of a new legal orderfor issues related to the sea and ocean. The contents of the UNCLOScovers comprehensively all sea-related areas, taking into account theinterests of all states in the world, be they developed or developing,large or small, coastal or land-locked.
Since its entry into forceon 16 November 1994, the UNCLOS has become an important legal basis forregulating maritime issues as well as an important legal instrument forsettling and dealing with sea-related disputes. That is why the UNCLOSis considered as “A Constitution for the Oceans”. Throughout its 30years of existence, the UNCLOS has been applied in a rather effectivemanner in settling prolonged complex disputes, and helped avoidpotential conflicts.
As a country with 3,260km of coastline,Vietnam ’s interest in the sea is significant. Aware of thesignificance of the sea, Vietnam has actively participated in theprocess of UNCLOS negotiations and made considerable efforts inimplementing the Convention. It always upholds the purposes andobjectives of the UNCLOS.
1. Since the adoption of theUNCLOS, Vietnam has actively applied relevant provisions of generalinternational law as well as international law of the sea to develop itslegislative and regulatory acts relating to the sea. In conformity withthe progressive trend of international maritime law, Vietnam haspromulgated “Declaration on the Territorial Sea, Contiguous Zone,Exclusive Economic Zone and Continental Shelf” in 1977 establishing theExclusive Economic Zone of 200 nautical mile (nm), extending the rightsof Vietnam to the sea, not just confined to the right to fishing rights,but also other sovereign rights and jurisdiction. With thisDeclaration, Vietnam together with Kenya , Myanmar , Cuba , Yemen ,Dominique , Guatemala , India , Pakistan , Mexico andSeychelles were the pioneering states in developing the concept ofExclusive Economic Zone, thus contributing to the development andconsolidation of the practice of States, which later on became animportant institution of the UNCLOS.
2. Vietnam has beenactively and constructively participated in the Third UN Conference onthe Law of the Sea in Montego Bay , Jamaica . Right after the UNCLOSwas adopted, Vietnam was among 107 states signing the Convention on30 April 1982. The National Assembly of Vietnam has ratified theConvention on 23 June 1994, before the Convention entered into force.Paragraph 1 of the Ratification Resolution made it clear that “theSocialist Republic of Vietnam, by ratifying the UNCLOS, expresses itsdetermination to join the international community in the establishmentof an equitable legal order and in the promotion of maritime developmentand cooperation”.
The Ratification Resolution of Vietnamreaffirmed the sovereignty of the Socialist Republic of Vietnam over itsinternal waters, territorial sea, sovereign rights and jurisdictionover the Contiguous Zone, Exclusive Economic Zone and Continental Shelfbased on the provisions of the UNCLOS and principles of internationallaw, and called on other countries to respect the above-mentioned rightsof Vietnam . The Resolution also reaffirmed the policy of Vietnam tosettle disputes over territorial sovereignty and other disagreementsrelated to the East Sea (South China Sea) through peaceful negotiationsin the spirit of equality, mutual understanding and respect, with duerespect for international law, particularly the UNCLOS and respect forsovereign rights and jurisdiction of coastal states over its ExclusiveEconomic Zone and Continental Shelf in accordance with the principles ofthe UNCLOS.
3. Vietnam has applied provisions of theUNCLOS to step by step complete its legal system to create the legalframework for the management of the sea and maritime economicactivities, to facilitate the process of international integration andto enhance cooperation with other countries for the maintenance andpromotion of peace and stability in the region and the world. On 21 June2012, the National Assembly of Vietnam adopted the Vietnam Law of theSea, which was developed on the basis of the provisions of the UNCLOSwith references to international and state practice. The Vietnam Law ofthe Sea includes seven Chapters with 55 Articles, covering principles ofmanagement and use of the sea, scope and regime of internal waters,territorial sea, contiguous zone, exclusive economic zone, continentalshelf, regime of islands, archipelagoes, activities in the Vietnamesesea areas, search and rescue, protection of marine resources andenvironment, marine scientific research, development of maritimeeconomy, sea patrol and control and maritime international cooperation.By adopting its Law of the Sea, Vietnam harmonizes its sea-relatedlaws with the provisions of the UNCLOS. Vietnam’s policy to settle thesea and insular disputes through peaceful means on the basis of theinternational law and the UNCLOS is a clear statement that Vietnam is aresponsible member of the international community, respects and complieswith international law, including the UNCLOS, while also reflecting itsresolve to strive for peace, stability, cooperation and development ofthe region and the world.
Before the adoption of Vietnam Law of theSea, on 14 June 2005, the National Assembly of Vietnam adopted theVietnamese Maritime Code, which entered into force on 1 January 2006,governing maritime navigation, entry and departure of Vietnameseseaports. In addition, Vietnam has adopted a number of other lawsrelated to the management and use of the sea, such as the Petroleum Law(1993), Law on Water Resources (1998), Law on Environmental Protection(1993), Law on National Border (2003), Fishery Law (2004) and a numberof Ordinances and Decrees.
4. Pursuant to the provisionsof the UNCLOS, Vietnam has been conducting effectively themanagement of and implementing maritime economic activities in itsExclusive Economic Zone and Continental Shelf for the development of thenational economy and improvement of people’s living conditions. TheVietnamese Government always provides sufficient protection of thelawful and legitimate rights and interests of foreign actors in economiccooperation, management and exploitation of maritime natural resourcesin conformity with the provisions of the UNCLOS. Vietnam has beenproactively working with parties concerned in the protection of themarine environment, search and rescue at sea, natural disasterprevention and relief, and prevention and combating crimes at sea,particularly piracy, which contributes to the full implementation of theprovisions of the UNCLOS.
Protection of natural resources andmarine environment are always attached importance to by the VietnameseGovernment and are provided for in provisions of relevant legaldocuments related to different areas of shipping, oil and gas, aquafarming and processing, sea control and patrol. Vietnam has proposedvarious initiatives on sustainable exploitation of natural resources ofthe sea and ocean, environment protection and response to sea levelrise.
Vietnam is well aware of the obligation of search andrescue imposed on coastal states by the UNCLOS. The country establishedthe National Committee on Search and Rescue by Decision No. 780/TTGdated 23 October 1996 of the Prime Minister. The Committee isresponsible for instructing and implementing search and rescueactivities for people and vehicles (airplanes, ships, oil and gasfacilities etc.) in distress in the air, at sea and in the contiguousareas between Vietnam and other countries. Vietnam has become amember of the International Convention on Maritime Search and Rescue andwill soon start negotiations with countries concerned on the divisionof the areas for search and rescue at sea.
5. On the basisof the consistent policy to settle through peaceful means sea-relateddisputes and disagreements, Vietnam has made significant efforts ineffectively applying the UNCLOS to settle disputes related to maritimedelimitation with neighboring countries in accordance with the principleof equity in order to reach an acceptable solution. Vietnam hassigned: the Agreement with Thailand on Maritime Delimitation on 9August 1997; The Agreement with China on the Delimitation of theTonkin Gulf and on Fishery Cooperation on 25 December 2000, and TheAgreement with Indonesia on the Delimitation of Continental Shelf on26 June 2003. Vietnam are currently involved in negotiations fordelimitation of the area outside the mouth of Tonkin Gulf with China,negotiations for the delimitation of Exclusive Economic Zone withIndonesia and will conduct negotiations on sea-related issues with otherneighboring countries. Vietnam ’s practice of negotiations andconclusions of several agreements on maritime delimitation with itsneighboring States represented the creative application of theprovisions of the UNCLOS and helped enrich the international practice inmaritime delimitation. The results of negotiations for delimitationbetween Vietnam and Thailand and China helped reaffirm theundeniable trend of using the method of setting a medium line orequidistance line as the starting point for an equitable solution andthe trend of using a single delimitation line for both ExclusiveEconomic Zone and Continental Shelf.
On the other hand, Vietnamhas always made efforts to act in conformity with international law,including the UNCLOS. In this spirit, in all discussions andexchanges of views on territorial and maritime disputes related to theEast Sea ), Vietnam firmly support the principle of “respect forinternational law, including the UNCLOS”, which is viewed as a primaryprinciple for settling and dealing with insular and maritime disputes.Vietnam has managed to incorporate this principle into the Documents ofASEAN, including the Declaration on the Conducts of Parties in the EastSea (DOC), Six-Point Principles on the East Sea on 20 July 2012.With Vietnam ’s efforts, the principle “on the basis of internationallaw, UNCLOS to find a long-term, fundamental solution to disputes in theEast Sea ” has been incorporated into the Agreement on BasicPrinciples Guiding the Settlement of Maritime Issues between Vietnamand China signed on 11 October 2011. This testifies to the fact thatVietnam not only strictly observes the provisions of the UNCLOS butalso promotes the respect for and full implementation of the contentsof the Convention.
6. As recommended in Articles 74 and 83of the UNCLOS, Vietnam is always prepared to conductjoint-development cooperation with relevant parties in the disputedareas in accordance with the provisions of the UNCLOS. In 1992, Vietnamsigned with Malaysia the Memorandum of Understanding for thecooperation in exploration and exploitation of petroleum in a definedarea of the continental shelf involving the two countries, which hasbeen effectively implemented. Vietnam is currently engaged innegotiations with Thailand and Malaysia on cooperation in theVietnam – Thailand – Malaysia Tripartite Overlapping ContinentalShelf Claim Area.
7. Exercising the rights and obligationsof coastal states under the UNCLOS, upon nearly 3 years of arduousefforts (from 2007 to 2009), Vietnam has completed a quality submissionon the Continental Shelf beyond 200nm with scientific and legalevidences for delineating its extended continental shelf in accordancewith the guidelines of the Commission on the Limits of the ContinentalShelf. In early May 2009, Vietnam submitted to the United Nations theSubmission on the Limits of the Continental Shelf beyond 200nm in theNorthern part of the East Sea and Joint Submission with Malaysiaon the Limits of the Continental Shelf in the Southern part of theEast Sea . On the 27 th and 28 th of August 2009, Vietnam presentedthe two Submissions at the Commission on the Limits of the ContinentalShelf and called for the Commission to promptly establishsub-commissions to consider the Submissions in accordance with theprovisions of the UNCLOS as well as the Rules of Procedure of theCommission. These undertakings reaffirmed Vietnam ’s determination toobserve the UNCLOS.
8. Vietnam has been participatingproactively in activities under the auspices of international bodiesestablished by the UNCLOS. Vietnam is a member of the Council ofthe International Seabed Authority and was elected as Vice President ofthe Assembly of the International Seabed Authority. Vietnam hasparticipated in all Meetings of the State Parties to the UNCLOS heldannually at the United Nations General Assembly and made positivecontributions to promoting the effective implementation of theConvention. Vietnam has also participated in and made positivecontribution to meetings of the International Seabed Authorityhighlighting the role of the UNCLOS. Vietnam has supported theenhanced activities of the Commission on the Limits of the ContinentalShelf and the judicial function of the International Tribunal for theLaw of the Sea and has made annual financial contribution to foster theoperation of bodies established under the Convention. In the relatedforums, Vietnam has constantly stated that countries conductingmaritime activities must strictly abide by and fully implement theprovisions, rights and obligations enshrined in the UNCLOS. Vietnam hasproactively engaged in discussions of and supported the ratification ofthe two Resolutions of the United Nations General Assembly on the oceanand sustainable maritime fishing activities as well as participating inthe informal annual consultation on issues related to the ocean and theLaw of the Sea.
In addition, Vietnam also participated in theformulation of various international and regional legal documentsrelated to the sea, including the Convention on the InternationalMaritime Satellite Organisation (INMARSAT), and the Global MaritimeDistress and Safety System ( GMDSS ). The country has established asystem of coastal information stations to maintain communication withand among fishing boats. Inspection of vessels at seaports is alwaysconducted in accordance with regional agreements on governmentalinspection at ports. Vietnam has joined the International MaritimeOrganisation (IMO) and other instruments under the umbrella of thisOrganisation, including the 1973 International Convention for thePrevention of Pollution from Ships and the 1978 Supplemented Protocol(MARPOL 73/78), the International Convention on Tonnage Measurement ofShips (Tonnage 69), the International Regulations for PreventingCollisions at Sea (COLREG 72), the International Convention for theSafety of Life at Sea (SOLAS 74), the International Convention on LoadLines (Load Line 66), the International Convention on the Standards ofTraining, Certification and Watch-keeping for Crew Members (STCW 78/95),the Convention for the Suppression of Unlawful Acts Against the Safetyof Maritime Navigation (SUA 88) and the Protocol for the Suppression ofUnlawful Acts Against the Safety of Fixed Platforms Located on theContinental Shelf, the International Convention on Civil Liability forOil Pollution Damage (CLC 1992 – Vietnam ratified the Convention onJuly 1 st 2003, and the Convention entered into force for Vietnam sinceJuly 1 st 2004), the Convention on Facilitation of InternationalMaritime Traffic (FAL), and the International Convention on MaritimeSearch and Rescue (SAR 79).
Vietnam has signed a number ofASEAN agreements related to shipping and maritime services, includingthe Agreement for the facilitation of search of ships in distress andrescue of survivors of ship accidents signed on May 15 th 1975; theASEAN Framework Agreement on the Facilitation of Goods in Transit signedon December 16 th 1998, the General Agreement on Trade in Services(GATS) signed in December 1995, the ASEAN Framework Agreement on theFacilitation of Transnational Transport signed on March 26 th 2012.
Vietnam’s accession to sea-related international and regionallegal documents reflects the commitments of the Government of Vietnam tothe full observation of UNCLOS’ provisions.
In summary, over thepast 30 years, the UNCLOS has provided a solid international legal basisfor defining the rights and obligations of coastal states and forsettling issues related to the sea and the ocean including sea disputes.As a coastal state, Vietnam has always taken ac active role andmade continuous efforts in observing and implementing the UNCLOS in itsintegrity. Vietnam is of the view that a full implementation of therights and duties of all State Parties enshrined in the UNCLOS will helpavoid tensions and disputes on the sea and better utilize sea and oceanresources for human benefits.
Vietnam has fully abided by andwill continue to act in accordance with the purposes and objectives andprovisions of the UNCLOS, and urge other countries to take the samecourse of action.-VNA
Following is the full text of the report:
The United Nations Convention on the Law of the Sea (“UNCLOS” or“Convention”) was adopted 30 years ago in Montego Bay, Jamaica,marking an enormous success of the Third UN Conference on the Law of theSea. This Convention now became the primary instrument governing theconduct of States in their uses of the ocean. The adoption of the 1982United Nations Convention on the Law of the Sea met the desire andexpectations of the international community for a fair internationallegal framework related all issues on the sea and ocean, includingseabed and the subsoil of the submarine areas. The process ofnegotiation of the UNCLOS took years to be completed with efforts ofover 150 states and international organizations, including NGOs. Todate, 164 States are party to the UNCLOS. UNCLOS is a constitutivemultilateral treaty, setting out the rights and obligations of Statesand other international actors in different maritime areas and inrelation to various uses of the ocean. Therefore, the UNCLOS is acceptedby such a large number of states, including land-locked ones. TheUNCLOS laid the foundation for the establishment of a new legal orderfor issues related to the sea and ocean. The contents of the UNCLOScovers comprehensively all sea-related areas, taking into account theinterests of all states in the world, be they developed or developing,large or small, coastal or land-locked.
Since its entry into forceon 16 November 1994, the UNCLOS has become an important legal basis forregulating maritime issues as well as an important legal instrument forsettling and dealing with sea-related disputes. That is why the UNCLOSis considered as “A Constitution for the Oceans”. Throughout its 30years of existence, the UNCLOS has been applied in a rather effectivemanner in settling prolonged complex disputes, and helped avoidpotential conflicts.
As a country with 3,260km of coastline,Vietnam ’s interest in the sea is significant. Aware of thesignificance of the sea, Vietnam has actively participated in theprocess of UNCLOS negotiations and made considerable efforts inimplementing the Convention. It always upholds the purposes andobjectives of the UNCLOS.
1. Since the adoption of theUNCLOS, Vietnam has actively applied relevant provisions of generalinternational law as well as international law of the sea to develop itslegislative and regulatory acts relating to the sea. In conformity withthe progressive trend of international maritime law, Vietnam haspromulgated “Declaration on the Territorial Sea, Contiguous Zone,Exclusive Economic Zone and Continental Shelf” in 1977 establishing theExclusive Economic Zone of 200 nautical mile (nm), extending the rightsof Vietnam to the sea, not just confined to the right to fishing rights,but also other sovereign rights and jurisdiction. With thisDeclaration, Vietnam together with Kenya , Myanmar , Cuba , Yemen ,Dominique , Guatemala , India , Pakistan , Mexico andSeychelles were the pioneering states in developing the concept ofExclusive Economic Zone, thus contributing to the development andconsolidation of the practice of States, which later on became animportant institution of the UNCLOS.
2. Vietnam has beenactively and constructively participated in the Third UN Conference onthe Law of the Sea in Montego Bay , Jamaica . Right after the UNCLOSwas adopted, Vietnam was among 107 states signing the Convention on30 April 1982. The National Assembly of Vietnam has ratified theConvention on 23 June 1994, before the Convention entered into force.Paragraph 1 of the Ratification Resolution made it clear that “theSocialist Republic of Vietnam, by ratifying the UNCLOS, expresses itsdetermination to join the international community in the establishmentof an equitable legal order and in the promotion of maritime developmentand cooperation”.
The Ratification Resolution of Vietnamreaffirmed the sovereignty of the Socialist Republic of Vietnam over itsinternal waters, territorial sea, sovereign rights and jurisdictionover the Contiguous Zone, Exclusive Economic Zone and Continental Shelfbased on the provisions of the UNCLOS and principles of internationallaw, and called on other countries to respect the above-mentioned rightsof Vietnam . The Resolution also reaffirmed the policy of Vietnam tosettle disputes over territorial sovereignty and other disagreementsrelated to the East Sea (South China Sea) through peaceful negotiationsin the spirit of equality, mutual understanding and respect, with duerespect for international law, particularly the UNCLOS and respect forsovereign rights and jurisdiction of coastal states over its ExclusiveEconomic Zone and Continental Shelf in accordance with the principles ofthe UNCLOS.
3. Vietnam has applied provisions of theUNCLOS to step by step complete its legal system to create the legalframework for the management of the sea and maritime economicactivities, to facilitate the process of international integration andto enhance cooperation with other countries for the maintenance andpromotion of peace and stability in the region and the world. On 21 June2012, the National Assembly of Vietnam adopted the Vietnam Law of theSea, which was developed on the basis of the provisions of the UNCLOSwith references to international and state practice. The Vietnam Law ofthe Sea includes seven Chapters with 55 Articles, covering principles ofmanagement and use of the sea, scope and regime of internal waters,territorial sea, contiguous zone, exclusive economic zone, continentalshelf, regime of islands, archipelagoes, activities in the Vietnamesesea areas, search and rescue, protection of marine resources andenvironment, marine scientific research, development of maritimeeconomy, sea patrol and control and maritime international cooperation.By adopting its Law of the Sea, Vietnam harmonizes its sea-relatedlaws with the provisions of the UNCLOS. Vietnam’s policy to settle thesea and insular disputes through peaceful means on the basis of theinternational law and the UNCLOS is a clear statement that Vietnam is aresponsible member of the international community, respects and complieswith international law, including the UNCLOS, while also reflecting itsresolve to strive for peace, stability, cooperation and development ofthe region and the world.
Before the adoption of Vietnam Law of theSea, on 14 June 2005, the National Assembly of Vietnam adopted theVietnamese Maritime Code, which entered into force on 1 January 2006,governing maritime navigation, entry and departure of Vietnameseseaports. In addition, Vietnam has adopted a number of other lawsrelated to the management and use of the sea, such as the Petroleum Law(1993), Law on Water Resources (1998), Law on Environmental Protection(1993), Law on National Border (2003), Fishery Law (2004) and a numberof Ordinances and Decrees.
4. Pursuant to the provisionsof the UNCLOS, Vietnam has been conducting effectively themanagement of and implementing maritime economic activities in itsExclusive Economic Zone and Continental Shelf for the development of thenational economy and improvement of people’s living conditions. TheVietnamese Government always provides sufficient protection of thelawful and legitimate rights and interests of foreign actors in economiccooperation, management and exploitation of maritime natural resourcesin conformity with the provisions of the UNCLOS. Vietnam has beenproactively working with parties concerned in the protection of themarine environment, search and rescue at sea, natural disasterprevention and relief, and prevention and combating crimes at sea,particularly piracy, which contributes to the full implementation of theprovisions of the UNCLOS.
Protection of natural resources andmarine environment are always attached importance to by the VietnameseGovernment and are provided for in provisions of relevant legaldocuments related to different areas of shipping, oil and gas, aquafarming and processing, sea control and patrol. Vietnam has proposedvarious initiatives on sustainable exploitation of natural resources ofthe sea and ocean, environment protection and response to sea levelrise.
Vietnam is well aware of the obligation of search andrescue imposed on coastal states by the UNCLOS. The country establishedthe National Committee on Search and Rescue by Decision No. 780/TTGdated 23 October 1996 of the Prime Minister. The Committee isresponsible for instructing and implementing search and rescueactivities for people and vehicles (airplanes, ships, oil and gasfacilities etc.) in distress in the air, at sea and in the contiguousareas between Vietnam and other countries. Vietnam has become amember of the International Convention on Maritime Search and Rescue andwill soon start negotiations with countries concerned on the divisionof the areas for search and rescue at sea.
5. On the basisof the consistent policy to settle through peaceful means sea-relateddisputes and disagreements, Vietnam has made significant efforts ineffectively applying the UNCLOS to settle disputes related to maritimedelimitation with neighboring countries in accordance with the principleof equity in order to reach an acceptable solution. Vietnam hassigned: the Agreement with Thailand on Maritime Delimitation on 9August 1997; The Agreement with China on the Delimitation of theTonkin Gulf and on Fishery Cooperation on 25 December 2000, and TheAgreement with Indonesia on the Delimitation of Continental Shelf on26 June 2003. Vietnam are currently involved in negotiations fordelimitation of the area outside the mouth of Tonkin Gulf with China,negotiations for the delimitation of Exclusive Economic Zone withIndonesia and will conduct negotiations on sea-related issues with otherneighboring countries. Vietnam ’s practice of negotiations andconclusions of several agreements on maritime delimitation with itsneighboring States represented the creative application of theprovisions of the UNCLOS and helped enrich the international practice inmaritime delimitation. The results of negotiations for delimitationbetween Vietnam and Thailand and China helped reaffirm theundeniable trend of using the method of setting a medium line orequidistance line as the starting point for an equitable solution andthe trend of using a single delimitation line for both ExclusiveEconomic Zone and Continental Shelf.
On the other hand, Vietnamhas always made efforts to act in conformity with international law,including the UNCLOS. In this spirit, in all discussions andexchanges of views on territorial and maritime disputes related to theEast Sea ), Vietnam firmly support the principle of “respect forinternational law, including the UNCLOS”, which is viewed as a primaryprinciple for settling and dealing with insular and maritime disputes.Vietnam has managed to incorporate this principle into the Documents ofASEAN, including the Declaration on the Conducts of Parties in the EastSea (DOC), Six-Point Principles on the East Sea on 20 July 2012.With Vietnam ’s efforts, the principle “on the basis of internationallaw, UNCLOS to find a long-term, fundamental solution to disputes in theEast Sea ” has been incorporated into the Agreement on BasicPrinciples Guiding the Settlement of Maritime Issues between Vietnamand China signed on 11 October 2011. This testifies to the fact thatVietnam not only strictly observes the provisions of the UNCLOS butalso promotes the respect for and full implementation of the contentsof the Convention.
6. As recommended in Articles 74 and 83of the UNCLOS, Vietnam is always prepared to conductjoint-development cooperation with relevant parties in the disputedareas in accordance with the provisions of the UNCLOS. In 1992, Vietnamsigned with Malaysia the Memorandum of Understanding for thecooperation in exploration and exploitation of petroleum in a definedarea of the continental shelf involving the two countries, which hasbeen effectively implemented. Vietnam is currently engaged innegotiations with Thailand and Malaysia on cooperation in theVietnam – Thailand – Malaysia Tripartite Overlapping ContinentalShelf Claim Area.
7. Exercising the rights and obligationsof coastal states under the UNCLOS, upon nearly 3 years of arduousefforts (from 2007 to 2009), Vietnam has completed a quality submissionon the Continental Shelf beyond 200nm with scientific and legalevidences for delineating its extended continental shelf in accordancewith the guidelines of the Commission on the Limits of the ContinentalShelf. In early May 2009, Vietnam submitted to the United Nations theSubmission on the Limits of the Continental Shelf beyond 200nm in theNorthern part of the East Sea and Joint Submission with Malaysiaon the Limits of the Continental Shelf in the Southern part of theEast Sea . On the 27 th and 28 th of August 2009, Vietnam presentedthe two Submissions at the Commission on the Limits of the ContinentalShelf and called for the Commission to promptly establishsub-commissions to consider the Submissions in accordance with theprovisions of the UNCLOS as well as the Rules of Procedure of theCommission. These undertakings reaffirmed Vietnam ’s determination toobserve the UNCLOS.
8. Vietnam has been participatingproactively in activities under the auspices of international bodiesestablished by the UNCLOS. Vietnam is a member of the Council ofthe International Seabed Authority and was elected as Vice President ofthe Assembly of the International Seabed Authority. Vietnam hasparticipated in all Meetings of the State Parties to the UNCLOS heldannually at the United Nations General Assembly and made positivecontributions to promoting the effective implementation of theConvention. Vietnam has also participated in and made positivecontribution to meetings of the International Seabed Authorityhighlighting the role of the UNCLOS. Vietnam has supported theenhanced activities of the Commission on the Limits of the ContinentalShelf and the judicial function of the International Tribunal for theLaw of the Sea and has made annual financial contribution to foster theoperation of bodies established under the Convention. In the relatedforums, Vietnam has constantly stated that countries conductingmaritime activities must strictly abide by and fully implement theprovisions, rights and obligations enshrined in the UNCLOS. Vietnam hasproactively engaged in discussions of and supported the ratification ofthe two Resolutions of the United Nations General Assembly on the oceanand sustainable maritime fishing activities as well as participating inthe informal annual consultation on issues related to the ocean and theLaw of the Sea.
In addition, Vietnam also participated in theformulation of various international and regional legal documentsrelated to the sea, including the Convention on the InternationalMaritime Satellite Organisation (INMARSAT), and the Global MaritimeDistress and Safety System ( GMDSS ). The country has established asystem of coastal information stations to maintain communication withand among fishing boats. Inspection of vessels at seaports is alwaysconducted in accordance with regional agreements on governmentalinspection at ports. Vietnam has joined the International MaritimeOrganisation (IMO) and other instruments under the umbrella of thisOrganisation, including the 1973 International Convention for thePrevention of Pollution from Ships and the 1978 Supplemented Protocol(MARPOL 73/78), the International Convention on Tonnage Measurement ofShips (Tonnage 69), the International Regulations for PreventingCollisions at Sea (COLREG 72), the International Convention for theSafety of Life at Sea (SOLAS 74), the International Convention on LoadLines (Load Line 66), the International Convention on the Standards ofTraining, Certification and Watch-keeping for Crew Members (STCW 78/95),the Convention for the Suppression of Unlawful Acts Against the Safetyof Maritime Navigation (SUA 88) and the Protocol for the Suppression ofUnlawful Acts Against the Safety of Fixed Platforms Located on theContinental Shelf, the International Convention on Civil Liability forOil Pollution Damage (CLC 1992 – Vietnam ratified the Convention onJuly 1 st 2003, and the Convention entered into force for Vietnam sinceJuly 1 st 2004), the Convention on Facilitation of InternationalMaritime Traffic (FAL), and the International Convention on MaritimeSearch and Rescue (SAR 79).
Vietnam has signed a number ofASEAN agreements related to shipping and maritime services, includingthe Agreement for the facilitation of search of ships in distress andrescue of survivors of ship accidents signed on May 15 th 1975; theASEAN Framework Agreement on the Facilitation of Goods in Transit signedon December 16 th 1998, the General Agreement on Trade in Services(GATS) signed in December 1995, the ASEAN Framework Agreement on theFacilitation of Transnational Transport signed on March 26 th 2012.
Vietnam’s accession to sea-related international and regionallegal documents reflects the commitments of the Government of Vietnam tothe full observation of UNCLOS’ provisions.
In summary, over thepast 30 years, the UNCLOS has provided a solid international legal basisfor defining the rights and obligations of coastal states and forsettling issues related to the sea and the ocean including sea disputes.As a coastal state, Vietnam has always taken ac active role andmade continuous efforts in observing and implementing the UNCLOS in itsintegrity. Vietnam is of the view that a full implementation of therights and duties of all State Parties enshrined in the UNCLOS will helpavoid tensions and disputes on the sea and better utilize sea and oceanresources for human benefits.
Vietnam has fully abided by andwill continue to act in accordance with the purposes and objectives andprovisions of the UNCLOS, and urge other countries to take the samecourse of action.-VNA
