Vietnam Foreign Ministry spokesperson Le Thi Thu Hang

Vietnam’s Foreign Ministry spokesperson Le Thi Thu Hang recently said: “China’s survey vessel Haiyang Dizhi 8 has violated Vietnam’s exclusive economic zone and continental shelf in the East Sea. The waters are under Vietnam’s sovereign right and jurisdiction as defined in UNCLOS, to which Vietnam and China are both signatories. Vietnam has several times contacted China through different channels and sent diplomatic notes requesting that China end its violation, withdraw its vessels from Vietnamese waters, and respect Vietnam’s sovereign right and jurisdiction for the sake of bilateral relations, peace and stability in the region.”  

Doctor Tran Cong Truc, former Director of the government’s Border Affairs Committee

Sovereignty based international law

Ms Hang said Vietnamese authorized forces continue to exercise Vietnam’s sovereignty, sovereign right and jurisdiction through peaceful means in accordance with Vietnamese and international law. Doctor Tran Cong Truc, former Director of the government’s Border Affairs Committee, said Hang’s statement reflects Vietnam’s legal and political stance and its goodwill as a responsible member of UNCLOS. Mr. Truc said: “ Legally and politically, I think Vietnam clearly and firmly expresses its stance and goodwill through its diplomatic and maritime activities. What Vietnam has done so far has been good. Vietnam is managing a complicated problem.”

Article 2 of the UN Charter bans all countries from using force or threatening to use force to settle territorial disputes. Article 33 of the UN Charter stipulates that countries must settle disputes via peaceful means. Doctor Hoang Viet of the Ho Chi Minh City Law University says that using peaceful means to defend national interests at sea is the correct policy of the Vietnamese Party and State.

Defending national interests by peaceful means

So far, Vietnam has shown great patience. Its Foreign Ministry has sent a diplomatic note protesting illegal activities of China’s survey vessel Haiyang Dizhi 8 and has used several different diplomatic channels to contact China. These are the first peaceful steps to defend its national interests under the UN Charter. Doctor Viet said: “Peaceful measures listed in the UN Charter include negotiation. The Vietnam Foreign Ministry spokesperson said that Vietnam has sent diplomatic notes three times and used different diplomatic channels to contact China. The second step is to engage the third party to enter negotiation to settle all problems.”

Associate Professor Doctor Nguyen Ba Dien, Head of the International Law Faculty at Hanoi National University, says the Vanguard Bank is completely inside Vietnam’s exclusive economic zone. China’s activities are clearly illegal, but Vietnam’s authorized maritime forces have been patient. Once all of Vietnam’s diplomatic efforts have been rebuffed by China, Vietnam may bring its case to the UN, according to Mr. Dien. He said: “We need to bring the case to the UN. If all of our efforts to negotiate and patience are rejected, we can sue China in the International Court. We have more conclusive legal grounds and evidence in this case than the Philippines had in its lawsuit against China.”

Over the past few days, Vietnam has used all available diplomatic channels to contact China and demanded that China withdraw its vessel Haiyang Dizhi 8 from Vietnam’s exclusive economic zone. If China rebuffs Vietnam’s goodwill, Vietnam will take the next steps stipulated in the UN Charter to defend its legitimate interests in the East Sea.