The Permanent Mission of Vietnam to the United Nations on July 3 sent apaper to UN Secretary General Ban Ki-moon opposing China’s illegaloccupation of the Hoang Sa (Paracel) archipelago and asserting Vietnam’s sovereignty over it.
Following is the full text of the document.
“The Socialist Republic of Vietnam rejects as completely unfounded, infact and in law, China’s sovereignty claims over the Hoang Saarchipelago (which China calls “the Xisha islands”, also known as theParacel Islands) in the annexes to the letters dated 22 May 2014 and 09June 2014 from the Chargé d’affaires a.i. of the Permanent Mission ofthe People’s Republic of China to the United Nations addressed tothe Secretary-General of the United Nations as contained in documentsA/68/887 and A/68/907 respectively. Vietnam affirms that theChinese claims have no legal or historical foundation.
Historical documents are not in accord with China’s claims ofsovereignty over the Hoang Sa archipelago (Paracel Islands ).
China has, in its recent communications, referred to somedocuments as historical evidence to assert the so-called “sovereignty”of China over the Hoang Sa archipelago of Vietnam. However, these“documents” cannot be authenticated, lack accuracy and have beeninterpreted by China in an arbitrary fashion. The documents referredto by China do not by any means prove that China establishedsovereignty over the Hoang Sa archipelago when this territory was terranullius. Historical records, by contrast, show that China understoodthat its sovereignty did not extend to the Hoang Sa archipelago.
For example, in the last decade of the 19thcentury when the ships Bellona and Umeji Maru sank in the Hoang Saarchipelago and were looted by Chinese fishermen, the Chineseauthorities of Guangdong Province of China argued that the Hoang Saarchipelago was abandoned islands which did not belong to China . Thearchipelago neither was administratively attached to any district ofHainan of China nor fell under the responsibility of any Chineseauthority. China, on these grounds, refused to take responsibilityfor the incident.
In contrast, Vietnam haspublicly provided authentic historical materials proving that Vietnamestablished its sovereignty over the Hoang Sa archipelago when theislands were terra nullius. Since at least the 17th century, the Nguyendynasties of Vietnam organised activities to exploit resources onislands of the Hoang Sa archipelago, undertook maritime measurements andrecorded navigation routes to ensure the safety of navigation byforeign vessels through the waters of Hoang Sa archipelago. Theseactivities were well recorded in official documents issued by theVietnamese dynasties, which are still archived in Vietnam .
After France and Vietnam had signed the Protectorate Treaties of15 March 1874 and 06 June 1884 respectively, France, on behalf ofVietnam, continuously exercised Vietnam’s sovereignty over the HoangSa archipelago and protested against China’s infringements. Franceconducted many activities to exercise sovereignty over the Hoang Saarchipelago, including building and operating lighthouses andmeteorological stations, establishing administrative delegationsresponsible for the archipelago attached to Thua Thien province ( Annam), and granting birth certificates to Vietnamese citizens born in thearchipelago. In 1909, the exploratory mission conducted by Commander LiZhun of Guangdong of China violated the sovereignty well established byVietnam over the Hoang Sa archipelago and effectively exercised byFrance on behalf of Vietnam. France, on behalf of Vietnam ,protested against China’s intrusions upon the Hoang Sa archipelago andreaffirmed that sovereignty over the Hoang Sa archipelago was wellestablished by Vietnam. In response to China's claims over theHoang Sa archipelago, France requested China to resolve the issueby international arbitration (French Note Verbal dated February 18, 1937addressed to China), but China refused.
In 1946, the Republic of China under Chiang Kai-shek, taking advantageof the situation at the end of the Second World War, illegally intrudedupon Phu Lam (Woody) Island of the Hoang Sa archipelago. In 1947,France protested against this illegal intrusion and requested thatthe two parties negotiate and settle the issue through third partyadjudication, which the Republic of China again refused. The ChiangKai-shek regime later withdrew from Woody Island .
International conferences did not transfer the Hoang Sa archipelago to China
Before and after the end of the Second World War, the issue ofsovereignty over the Hoang Sa archipelago was put on the agenda of anumber of international conferences. The Cairo Conference held between22 - 26 November 1943, with the attendance of U.S. President Franklin D.Roosevelt, British Prime Minister Winston Churchill and Republic ofChina President Chiang Kai-shek, adopted the Cairo Communiqué aimed ateliminating Japanese administration over all Asia-Pacific islands seizedby Japan since the First World War in 1914 and returning to ChinaChinese territories under Japanese occupation, including Manju, Taiwanand Penghu. Chiang Kai-shek who represented China at theConference said nothing about the Hoang Sa and Truong Sa archipelagoes.
The Potsdam Conference from 17 July to 2August 1945 with the attendance of the leaders of the US , GreatBritain and China issued the Potsdam Declaration reaffirming theCairo Communiqué. Chiang Kai-shek, the representative of China atthe Conference, again made no mention whatsoever of the Hoang Sa andTruong Sa archipelagoes.
The San FranciscoPeace Conference on 4 - 8 September 1951 was attended by representativesof 51 countries, including Vietnam as a member of theFrench Union. The Prime Minister of the State of Vietnam Tran VanHuu participated in the conference as Head of the VietnameseDelegation. The Conference addressed the issue of devolution of a numberof territories in the Asia Pacific region. At the Conference, the Headof Delegation of the Soviet Union, Mr. Andrei A. Gromyko, put forwards aproposal on behalf of China containing 13 items, among which wasJapan's recognition of the sovereignty of the People's Republic of Chinaover some islands in the East Sea (South China Sea), including theHoang Sa archipelago. With 46 votes against, 3 votes in favour and 2abstentions, the Conference rejected the proposal by the Delegation ofthe Soviet Union.
Immediately after thatvote, on 7 September 1951, addressing the Conference, the Head of theVietnamese Delegation Mr. Tran Van Huu reaffirmed Vietnam's longstanding sovereignty over the Hoang Sa and Truong Sa archipelagoes. Noneof the 51 participating countries protested against that confirmationby the Vietnamese Delegation of Vietnam’s sovereignty over thesearchipelagoes.
The Geneva Conference in 1954 on the restorationof peace in Indochina stated that the parties concerned would respectthe independence and territorial integrity of Vietnam, whichincluded the Hoang Sa and Truong Sa archipelagoes then under theadministration of French and Vietnamese forces. Having been aparticipant at the Geneva Conference, China is well aware of thisfact and must respect the international instruments adopted at theConference.
Article 1 of the ParisAgreement in 1973 clearly stated that all countries must respect theindependence and territorial integrity of Vietnam. At that time, theHoang Sa and Truong Sa archipelagoes were under the administration ofthe Republic of Vietnam and constituted an integral part ofVietnamese territory.
In January 1974,China used military force to occupy the entire Hoang Sa archipelago.The Governments of the Republic of Vietnam and the ProvisionalRevolutionary Government of South Vietnam issued statements to expresstheir position and protest against China's action. The Government ofthe Republic of Vietnam requested the United Nations SecurityCouncil to hold an urgent meeting on China 's use of force. Under theinternational law of territorial acquisition, the use of force tooccupy a territory cannot create territorial title.
China violated the principle of refraining from the threat oruse of force under international law and therefore could not establishsovereignty over the Hoang Sa archipelago
China illegally invaded the Hoang Sa archipelago twice. Takingadvantage of the withdrawal of France from Vietnam, in 1956 Chinainvaded and occupied the eastern part of the Hoang Sa archipelago.This was the first ever standing occupation of China anywhere in theHoang Sa archipelago which elicited strong protests from the Republicof Vietnam. In 1959, an attempt to land on the western part of thearchipelago made by Chinese soldiers disguised as fishermen was smashedby the forces of the Republic of Vietnam . Eighty-two Chinese"fishermen" were captured. Both these invasions occurred after thesovereignty of Vietnam over the Hoang Sa and Truong Saarchipelagoes had been reaffirmed, without any protest, at theabove-mentioned international conferences. In 1974, taking advantage ofthe war in Vietnam , China attacked and seized control over the HoangSa archipelago from the Government of the Republic of Vietnam .This was the first time ever that China obtained fulloccupation of the Hoang Sa archipelago by force.
Under international law, the use of force to occupy the territory ofanother sovereign state is null and void and can never be the basis for aclaim of sovereignty. Vietnam’s sovereignty over the Hoang Saarchipelago therefore continues and is not displaced by China ’soccupation by force.
The Memorandum ofChina on 12 May 1988, an official document of the Chinese Ministry ofForeign Affairs, also clearly asserted the principle of internationallaw that "aggression cannot award sovereignty" over a territory. Nocountry in the world recognises China as sovereign over the Hoang Saarchipelago.
Vietnam has never recognised China’s sovereignty over the Hoang Sa archipelago
China has deliberately distorted and misinterpreted history whenit refers to the letter signed by late Prime Minister Pham Van Dong in1958 and other materials and publications published in Vietnambefore 1975 in attempts to support its claims over the Hoang Saarchipelago. The letter made no mention at all of sovereignty over theHoang Sa and Truong Sa archipelagoes. The letter concerned maritimeentitlements, not territorial issues. In fact, the conclusions thatChina would draw today from the letter are contradicted by China'sown statements, including statement by Chinese Leader Deng Xiao Pinghimself.
In September 1975, 17 years afterthe release of the letter by the late Prime Minister Pham Van Dong,Chinese Leader Deng Xiao Ping told Vietnamese Leader Le Duan in Beijingthat " China has sufficient materials to prove that the Xisha islands(Hoang Sa) and Nansha islands (Truong Sa) have been part of China 'sterritory since long ago. However, in line with the principle offriendly consultation to resolve differences, the two countries willdiscuss with each other to address this issue later". Deng Xiao Ping’sstatement was well noted in China ’s Ministry of Foreign AffairsMemorandum dated 12 May 1988 and reflects China ’s understanding thatsovereignty was not settled in favour of China by any previousstatement or agreement. Vietnam requests that China respect thishistorical fact and seriously engage in negotiations with Vietnam inrespect of the Hoang Sa archipelago”.-VNA
Following is the full text of the document.
“The Socialist Republic of Vietnam rejects as completely unfounded, infact and in law, China’s sovereignty claims over the Hoang Saarchipelago (which China calls “the Xisha islands”, also known as theParacel Islands) in the annexes to the letters dated 22 May 2014 and 09June 2014 from the Chargé d’affaires a.i. of the Permanent Mission ofthe People’s Republic of China to the United Nations addressed tothe Secretary-General of the United Nations as contained in documentsA/68/887 and A/68/907 respectively. Vietnam affirms that theChinese claims have no legal or historical foundation.
Historical documents are not in accord with China’s claims ofsovereignty over the Hoang Sa archipelago (Paracel Islands ).
China has, in its recent communications, referred to somedocuments as historical evidence to assert the so-called “sovereignty”of China over the Hoang Sa archipelago of Vietnam. However, these“documents” cannot be authenticated, lack accuracy and have beeninterpreted by China in an arbitrary fashion. The documents referredto by China do not by any means prove that China establishedsovereignty over the Hoang Sa archipelago when this territory was terranullius. Historical records, by contrast, show that China understoodthat its sovereignty did not extend to the Hoang Sa archipelago.
For example, in the last decade of the 19thcentury when the ships Bellona and Umeji Maru sank in the Hoang Saarchipelago and were looted by Chinese fishermen, the Chineseauthorities of Guangdong Province of China argued that the Hoang Saarchipelago was abandoned islands which did not belong to China . Thearchipelago neither was administratively attached to any district ofHainan of China nor fell under the responsibility of any Chineseauthority. China, on these grounds, refused to take responsibilityfor the incident.
In contrast, Vietnam haspublicly provided authentic historical materials proving that Vietnamestablished its sovereignty over the Hoang Sa archipelago when theislands were terra nullius. Since at least the 17th century, the Nguyendynasties of Vietnam organised activities to exploit resources onislands of the Hoang Sa archipelago, undertook maritime measurements andrecorded navigation routes to ensure the safety of navigation byforeign vessels through the waters of Hoang Sa archipelago. Theseactivities were well recorded in official documents issued by theVietnamese dynasties, which are still archived in Vietnam .
After France and Vietnam had signed the Protectorate Treaties of15 March 1874 and 06 June 1884 respectively, France, on behalf ofVietnam, continuously exercised Vietnam’s sovereignty over the HoangSa archipelago and protested against China’s infringements. Franceconducted many activities to exercise sovereignty over the Hoang Saarchipelago, including building and operating lighthouses andmeteorological stations, establishing administrative delegationsresponsible for the archipelago attached to Thua Thien province ( Annam), and granting birth certificates to Vietnamese citizens born in thearchipelago. In 1909, the exploratory mission conducted by Commander LiZhun of Guangdong of China violated the sovereignty well established byVietnam over the Hoang Sa archipelago and effectively exercised byFrance on behalf of Vietnam. France, on behalf of Vietnam ,protested against China’s intrusions upon the Hoang Sa archipelago andreaffirmed that sovereignty over the Hoang Sa archipelago was wellestablished by Vietnam. In response to China's claims over theHoang Sa archipelago, France requested China to resolve the issueby international arbitration (French Note Verbal dated February 18, 1937addressed to China), but China refused.
In 1946, the Republic of China under Chiang Kai-shek, taking advantageof the situation at the end of the Second World War, illegally intrudedupon Phu Lam (Woody) Island of the Hoang Sa archipelago. In 1947,France protested against this illegal intrusion and requested thatthe two parties negotiate and settle the issue through third partyadjudication, which the Republic of China again refused. The ChiangKai-shek regime later withdrew from Woody Island .
International conferences did not transfer the Hoang Sa archipelago to China
Before and after the end of the Second World War, the issue ofsovereignty over the Hoang Sa archipelago was put on the agenda of anumber of international conferences. The Cairo Conference held between22 - 26 November 1943, with the attendance of U.S. President Franklin D.Roosevelt, British Prime Minister Winston Churchill and Republic ofChina President Chiang Kai-shek, adopted the Cairo Communiqué aimed ateliminating Japanese administration over all Asia-Pacific islands seizedby Japan since the First World War in 1914 and returning to ChinaChinese territories under Japanese occupation, including Manju, Taiwanand Penghu. Chiang Kai-shek who represented China at theConference said nothing about the Hoang Sa and Truong Sa archipelagoes.
The Potsdam Conference from 17 July to 2August 1945 with the attendance of the leaders of the US , GreatBritain and China issued the Potsdam Declaration reaffirming theCairo Communiqué. Chiang Kai-shek, the representative of China atthe Conference, again made no mention whatsoever of the Hoang Sa andTruong Sa archipelagoes.
The San FranciscoPeace Conference on 4 - 8 September 1951 was attended by representativesof 51 countries, including Vietnam as a member of theFrench Union. The Prime Minister of the State of Vietnam Tran VanHuu participated in the conference as Head of the VietnameseDelegation. The Conference addressed the issue of devolution of a numberof territories in the Asia Pacific region. At the Conference, the Headof Delegation of the Soviet Union, Mr. Andrei A. Gromyko, put forwards aproposal on behalf of China containing 13 items, among which wasJapan's recognition of the sovereignty of the People's Republic of Chinaover some islands in the East Sea (South China Sea), including theHoang Sa archipelago. With 46 votes against, 3 votes in favour and 2abstentions, the Conference rejected the proposal by the Delegation ofthe Soviet Union.
Immediately after thatvote, on 7 September 1951, addressing the Conference, the Head of theVietnamese Delegation Mr. Tran Van Huu reaffirmed Vietnam's longstanding sovereignty over the Hoang Sa and Truong Sa archipelagoes. Noneof the 51 participating countries protested against that confirmationby the Vietnamese Delegation of Vietnam’s sovereignty over thesearchipelagoes.
The Geneva Conference in 1954 on the restorationof peace in Indochina stated that the parties concerned would respectthe independence and territorial integrity of Vietnam, whichincluded the Hoang Sa and Truong Sa archipelagoes then under theadministration of French and Vietnamese forces. Having been aparticipant at the Geneva Conference, China is well aware of thisfact and must respect the international instruments adopted at theConference.
Article 1 of the ParisAgreement in 1973 clearly stated that all countries must respect theindependence and territorial integrity of Vietnam. At that time, theHoang Sa and Truong Sa archipelagoes were under the administration ofthe Republic of Vietnam and constituted an integral part ofVietnamese territory.
In January 1974,China used military force to occupy the entire Hoang Sa archipelago.The Governments of the Republic of Vietnam and the ProvisionalRevolutionary Government of South Vietnam issued statements to expresstheir position and protest against China's action. The Government ofthe Republic of Vietnam requested the United Nations SecurityCouncil to hold an urgent meeting on China 's use of force. Under theinternational law of territorial acquisition, the use of force tooccupy a territory cannot create territorial title.
China violated the principle of refraining from the threat oruse of force under international law and therefore could not establishsovereignty over the Hoang Sa archipelago
China illegally invaded the Hoang Sa archipelago twice. Takingadvantage of the withdrawal of France from Vietnam, in 1956 Chinainvaded and occupied the eastern part of the Hoang Sa archipelago.This was the first ever standing occupation of China anywhere in theHoang Sa archipelago which elicited strong protests from the Republicof Vietnam. In 1959, an attempt to land on the western part of thearchipelago made by Chinese soldiers disguised as fishermen was smashedby the forces of the Republic of Vietnam . Eighty-two Chinese"fishermen" were captured. Both these invasions occurred after thesovereignty of Vietnam over the Hoang Sa and Truong Saarchipelagoes had been reaffirmed, without any protest, at theabove-mentioned international conferences. In 1974, taking advantage ofthe war in Vietnam , China attacked and seized control over the HoangSa archipelago from the Government of the Republic of Vietnam .This was the first time ever that China obtained fulloccupation of the Hoang Sa archipelago by force.
Under international law, the use of force to occupy the territory ofanother sovereign state is null and void and can never be the basis for aclaim of sovereignty. Vietnam’s sovereignty over the Hoang Saarchipelago therefore continues and is not displaced by China ’soccupation by force.
The Memorandum ofChina on 12 May 1988, an official document of the Chinese Ministry ofForeign Affairs, also clearly asserted the principle of internationallaw that "aggression cannot award sovereignty" over a territory. Nocountry in the world recognises China as sovereign over the Hoang Saarchipelago.
Vietnam has never recognised China’s sovereignty over the Hoang Sa archipelago
China has deliberately distorted and misinterpreted history whenit refers to the letter signed by late Prime Minister Pham Van Dong in1958 and other materials and publications published in Vietnambefore 1975 in attempts to support its claims over the Hoang Saarchipelago. The letter made no mention at all of sovereignty over theHoang Sa and Truong Sa archipelagoes. The letter concerned maritimeentitlements, not territorial issues. In fact, the conclusions thatChina would draw today from the letter are contradicted by China'sown statements, including statement by Chinese Leader Deng Xiao Pinghimself.
In September 1975, 17 years afterthe release of the letter by the late Prime Minister Pham Van Dong,Chinese Leader Deng Xiao Ping told Vietnamese Leader Le Duan in Beijingthat " China has sufficient materials to prove that the Xisha islands(Hoang Sa) and Nansha islands (Truong Sa) have been part of China 'sterritory since long ago. However, in line with the principle offriendly consultation to resolve differences, the two countries willdiscuss with each other to address this issue later". Deng Xiao Ping’sstatement was well noted in China ’s Ministry of Foreign AffairsMemorandum dated 12 May 1988 and reflects China ’s understanding thatsovereignty was not settled in favour of China by any previousstatement or agreement. Vietnam requests that China respect thishistorical fact and seriously engage in negotiations with Vietnam inrespect of the Hoang Sa archipelago”.-VNA
