Hanoi (VNA) – Vietnam activelyparticipated in the negotiation process and building of the 1982 United NationsConvention on the Law of the Sea (UNCLOS) and has made significant efforts in enforcingthe pact.
The country has a coastline of more than 3,260kmand thousands of islands, including the Hoang Sa (Paracel) and Truong Sa(Spratly) archipelagos.
Aware of the importance of the sea, Vietnam hasalways upheld the principles and goals of the UNCLOS while taking actions tocontribute to the implementation of the convention.
Before the UNCLOS came into force, Vietnam hadutilised relevant provisions of international law to build domestic legaldocuments on seas.
In 1977, Vietnam issued the Declaration of theGovernment on Vietnam’s territorial waters, which declared its 200-nautical mileexclusive economic zone.
The declaration was issued when the UNCLOS wasbeing negotiated and it was supported by the majority of countries at the thirdUN Conference on the Law of the Sea, reflecting Vietnam’s contributions to thecodification of international law.
With this declaration, Vietnam together withKenya, Myanmar, Cuba, Yemen, Dominica, Guatemala, India, Pakistan, Mexico and theSeychelles were considered among the pioneering countries in making “exclusiveeconomic zone” customary international law and later became a key content ofthe UNCLOS.
Vietnam was among 107 countries signing theUNCLOS in Montego Bay, Jamaica, right after the pact was open for signature andwas among the first countries ratifying it before it took effect.
In 1994, the National Assembly of Vietnam issueda resolution approving the UNCLOS. The resolution affirmed Vietnam’ssovereignty over its internal waters, territorial waters as well as itssovereign rights and jurisdiction over the contiguous sea, exclusive economiczone, and continental shelf on the basis of the UNCLOS provisions and the rulesof international law, demanding other countries respect Vietnam’s rights.
The resolution also affirms Vietnam’ssovereignty over the Hoang Sa and Truong Sa archipelagos and its policies tosettle disputes and other differences related to the East Sea through peacefultalks in a spirit of equality, mutual understanding and mutual respect, andrespect for international law.
This year marks the 25th anniversary of theofficial entry into force of the UNCLOS and the 25th anniversary of Vietnam’sratification of the UNCLOS.
As a member of the UNCLOS, Vietnam is entitledto a 12-nautical mile territorial sea, 200-nautical mile exclusive economiczone and continental shelf of at least 200 nautical miles.
To demonstrate the obligations and goodwill of asignatory of the UNCLOS, Vietnam has always respected and implemented itsobligations defined by the UNCLOS, improved its national legal system, and appliedthe UNCLOS provisions in identifying its waters, delimitation of maritimeboundaries with neighbouring countries and marine usage.
Vietnam has also worked with other countries inline with the UNCLOS regulations for the sustainable preservation and use ofmarine resources.
In 2012, Vietnam approved the Law of the Sea ofVietnam, an important step to translating the provisions of the UNCLOS intodomestic legislation, creating favourable conditions for synchronous managementof territorial waters and marine economic development.
The National Assembly also approved the VietnamMaritime Code in 2015, which came into effect on July 1, 2017.
The legislature passed a series of othersea-related legal documents such as the Law on national border in 2003, Law onenvironmental protection in 2014 and Law on natural resources and sea andisland environment in 2015.
Vietnam has made great efforts to apply theUNCLOS in delimitation of marine boundary with neighbouring countries.
Specifically, Vietnam and Thailand signed anagreement on settling the maritime boundary between the two countries in theGulf of Thailand on August 9, 1997, Vietnam and China signed an agreement onthe delimitation of the Tonkin Gulf and another on fisheries cooperation onDecember 25, 2000, and Vietnam and Indonesia signed an agreement on thedelimitation of continental shelf on June 26, 2003.
Further, Vietnam has protected internationallaw, including the UNCLOS. While discussing disputes in the East Sea, Vietnamhas consistently demanded respect for international law and the UNCLOS,considering it a principle to settle and resolve sea-related disputes.
Vietnam has made endeavours in incorporatingthis principle in ASEAN documents, including the Declaration on the Conduct ofParties in the East Sea (DOC), ASEAN Six-point Principles on the East Sea andthe draft Code of Conduct in the East Sea (COC).
Such contents as international law and UNCLOS for long-term resolution ofdisputes in the East Sea were included in the agreement on basic principlesguiding the settlement of sea-related issues signed between Vietnam and Chinaon November 10, 2011.
Based on the provisions of the UNCLOS, Vietnam haseffectively deployed marine economic development activities in its exclusiveeconomic zone and continental shelf within 200 nautical miles in favour ofnational development.
Vietnam has been fostering cooperation withrelevant parties in marine environmental protection, search and rescue on sea,natural disaster prevention and implementation of measures to combat crime,contributing to the implementation of the UNCLOS.
In addition, Vietnam has participated indeveloping international and inter-regional sea-related mechanisms and legaldocuments such as the Convention on the International Maritime SatelliteOrganization (INMARSAT) and the Global Maritime Distress and Safety System(GMDSS).
The country has also joined the Conventions ofthe International Maritime Organization.-VNA