(Vietnamese version) Agreement on Fishery Cooperation in the Tonkin Gulf between the P.R of China and Vietnam on 25 December 2000

  • Summary

This legal document contains the Vietnamese version of the Agreement on Fishery Cooperation in the Tonkin Gulf between the Government of the People's Republic of China and the Government of the Socialist Republic of Vietnam, signed on 25 December 2000.

The summary article for this document can be found at that of its English version


(Unofficial English translation) Agreement on Fishery Cooperation in the Tonkin Gulf between P.R of China and Vietnam on 25 December 2000

The document attached to this article is an unofficial English translation of the Agreement, which was originally provided in 2 official versions of Chinese and Vietnamese only. The contents and wordings of this English version were checked vis a vis the official Vietnamese version by the editor who is capable of both English and Vietnamese. 
  • Summary

This legal document contains the English version of the Agreement on Fishery Cooperation in the Tonkin Gulf between the Government of the People's Republic of China and the Government of the Socialist Republic of Vietnam, signed on 25 December 2000. Article 3 of this Agreement defines a Common Fishery Zone, which extends 30.5 nautical miles into the exclusive economic zones of the two countries from the demarcation line determined in the Delimitation Agreement on Tonkin Gulf, southerly to the closing line of the Tonkin Gulf, and northerly to the 20" N Latitude. The coordinates of points constituting the Common Fishery Zone are specified in Article 3 of the Agreement. Article 13 makes provision for the establishment of the Sino-Vietnamese Joint Committee for Fishery in the Tonkin Gulf in order to implement the Agreement, which shall consist of two representatives respectively appointed by both Governments and several committee members. The rights and responsibilities of both contracting parties and their vessels for the purpose of fishing are stated in the Agreement, which shall be monitored by respective Governments and the Joint Committee. Article 12 also provides a buffer zone starting from the Beilun estuary (point 1 of Sino-Vietnamese delimitation line in the Delimitation Agreement on Tonkin Gulf), whose coordinates are specified in Article 12.

 

Finally, Article 22.2 clarifies that this Agreement shall enter into force after both parties carried out necessary domestic legal procedures, become valid for a period of 12 years, and extend for another 3 years afterward automatically. The extension of the Agreement after that fifteen-year period shall be negotiated by both Parties. However, after the Agreement entered into force on 30 June 2004-2019, the two countries only extended it for one year until 30 June 2020. After its expiration in 2020, there has been no announcement of new negotiation for the extension of the Agreement.


(Vietnamese version) Declaration on the Conduct of Parties in the South China Sea on 4 November 2002

  • Summary

This is the Vietnamese version of the Declaration on the Conduct of Parties in the South China Sea (DOC) signed in 2002 between ASEAN and the People's Republic of China.

The summary of the DOC can be found in the article on the English version of the DOC.


(English version) Declaration on the Conduct of Parties in the South China Sea on 4 November 2002

  • Summary

This legal document contains the Declaration on the Conduct of Parties in the South China Sea (the DOC) signed on 4 November 2002 between ASEAN and the People's Republic of China. The DOC is not legally binding. The document states the commitment of ASEAN (its member en bloc) and China on the UN charter, the 1982 UNCLOS, and other universally recognized multilateral principles governing state-to-state relations, which include their respect to the freedom of navigation in and overflight above the South China Sea. The DOC also reiterates parties' undertaking to settle the territorial and jurisdictional dispute via non-violent means, to exercise self-restraint from activities complicating the peace and stability in the South China Sea, and to conduct regular consultations. Finally, the DOC also mentions the future progress towards the code of conduct (COC) for the South China Sea to further promote peace and stability.

Because of the lack of enforcement clauses, the DOC works on a 'voluntary basis' and 'consensus' between all parties concerned to build trust and confidence. Therefore, this non-legally binding DOC has not effectively contributed to an official establishment of a COC, not to mention legally binding or not. Thus, ASEAN members and China are in essence stagnating since 2002 without an official establishment of the COC.


(Chinese Version) Agreement between China and Vietnam on the Delimitation of the Territorial Seas, Exclusive Economic Zones and Continental Shelves of the two Countries in the Gulf of Tonkin (Beibu Gulf/Bac Bo Gulf) on 25 December 2000

  • Summary

This legal document contains the Chinese version of the Agreement between the People's Republic of China and the Socialist Republic of Viet Nam on the Delimitation of the Territorial Seas, Exclusive Economic Zones and Continental Shelves of the two countries in the Beibu Gulf (Bac Bo Gulf in Vietnamese/Gulf on Tonkin in English), signed on 25 December 2000 2000.

The summary of the Agreement can be found in that of the English version (adapted from the UN Treaty Series)


(Vietnamese version) Agreement between China and Vietnam on the Delimitation of the Territorial Seas, Exclusive Economic Zones and Continental Shelves of the two Countries in the Gulf of Tonkin (Beibu Gulf/Bac Bo Gulf) on 25 December 2000

  • Summary

This legal document contains the Vietnamese version of the Agreement between the People's Republic of China and the Socialist Republic of Viet Nam on the Delimitation of the Territorial Seas, Exclusive Economic Zones, and Continental Shelves of the two countries in the Bac Bo Gulf (Beibu Gulf in Chinese/Gulf on Tonkin in English), signed on 25 December 2000.

The summary of the Agreement can be found in that of the English version (adapted from the UN Treaty Series)


(English version) Agreement between China and Vietnam on the Delimitation of the Territorial Seas, Exclusive Economic Zones, and Continental Shelves of the two Countries in Gulf of Tonkin (Beibu Gulf/Bac Bo Gulf) on 25 December 2000

  • Summary

This legal document contains the Agreement between the People's Republic of China and the Socialist Republic of Viet Nam on the Delimitation of the Territorial Seas, Exclusive Economic Zones and Continental Shelves of the two countries in the Gulf on Tonkin (Beibu Gulf in Chinese/Bac Bo Gulf in Vietnamese), signed in 2000. The Agreement clarifies that the Gulf of Tonkin is "a semi-enclosed gulf Agreement between the People's Republic of China and the Socialist Republic of Viet Nam on the Delimitation of the Territorial Seas, Exclusive Economic Zones and Continental Shelves of the two Countries in Beibu Gulf/Bac Bo Gulf (adopted from UN Treaty Series)", which shall be delimited by a straight line connecting 21 points provided in the agreement. The images for the delimitation map can be found on pages 8-9 of the Vietnamese version of the Agreement.

Point 1 starts from the Beilun estuary, and point 1 to 9 generate a delimitation line as the boundary of the territorial sea of the two countries in the Gulf of Tonkin. Notably, the delimitation line from point 1 to 7 shall not be changed regardless of any topological changes unless agreed by both parties. Points 9 to 21 generate a delimitation line as the boundary of the EEZ and continental shelves of the two countries in the Gulf of Tonkin. This Agreement does not affect the dispute of both countries in the Paracels Islands and the Spratly Islands as they do not locate in the Gulf of Tonkin recognized in the Agreement.


(English version) People's Republic of China Exclusive Economic Zone and Continental Shelf Act of 26 June 1998

  • Summary

This legal document contains the English version of the Exclusive Economic Zone and Continental Shelf Act of the People's Republic of China, promulgated in 1998. This document states the interpretation and measurements of. the rights and jurisdiction of the PRC within, the right and duties of foreign vessels within or passing through, and codes of delimitation of PRC's exclusive economic zone (EEZ) and continental shelf. Notably, in Article 8, 'security' is regarded as one purpose for the PRC's jurisdiction over the artificial islands, installations, and structures in the exclusive economic zone and the continental shelf. This was not provided in the UNCLOS regarding the interpretation of and jurisdiction of coastal states over the artificial installations in the EEZ.

 

 

 

 

 

 

 

 

 

 


(English version) Declaration of the Government of the People's Republic of China on the baselines of the territorial sea on 15 May 1996

This legal article consists of the baselines of its territorial sea adjacent to its mainland and adjacent to the Xisha (Paracel) Islands, the latter is disputed territory between Vietnam and China. The baselines of both are composed of basepoints listed accordingly in the document.

Document:  Declaration of the Government of the People's Republic of China on the baselines of the territorial sea 15 May 1996 (English version, adopted from the United Nation database).