Vietnam’s permanent mission to the United Nations has sent a letter to the organisation’s Secretary-General Ban Ki-moon, asking him to circulate as an official document of the 68th session of the General Assembly a diplomatic note from the Vietnamese Foreign Ministry to the Chinese Foreign Ministry.

The diplomatic note, dated May 4, protested China’s refusal to end violations of Vietnam’s sovereignty and jurisdiction over its exclusive economic zone prescribed by the 1982 UN Convention on the Law of the Sea, to with both Vietnam and China are members.

Following is the full text of the document.

“The Ministry of Foreign Affairs of the Socialist Republic of Viet Nam presents its compliments to the Ministry of Foreign Affairs of the People’s Republic of China and has the honour to state its position concerning China’s operation of the deep-water oil rid HYSY981 in the oil block 143 on the continental shelf of Viet Nam since 1 May 2014 as follows:

On 2 May 2014, Vietnamese competent authorities reported that at 05h22 on 1 May 2014, the Vietnamese competent authorities detected China’s deep-water oil rig HYSY981 and 03 service vessels moving from the Northwest of Tri Ton island (of the Hoang Sa archipelago, or the Paracel Islands, of Viet Nam) to the South. At 16h00 on 2 May 2014, the oil rig HYSY981 drifted at the Southern area of Tri Ton island together with about 27 Chinese protection vessels and later with 32 protection vessels.

At the two meetings with the Chinese side on 2 May 2014, Viet Nam reaffirmed and emphasized that “the area where the oil rig HYSY981 and other Chinese protection vessels are operating lies entirely within the exclusive economic zone and continental shelf of Viet Nam; the operation of the oil rig HYSY981 and other Chinese protection vessels seriously infringes upon Viet Nam’s sovereignty, sovereign rights and jurisdiction as enshrined under the United Nations Convention on the Law of the Sea of 1982, violates the Declaration on the Conduct of Parties in the South China Sea of 2002 (DOC) and other relevant agreements reached between high-level leaders of the two countries as well as the “Viet Nam-China Agreement on Basic Principles Guiding the Settlement of Maritime Issues”. Viet Nam demands that China immediately pull its oil rig and vessels out of Viet Nam’s maritime zone.

At the two above-mentioned meetings, the Chinese side stated that “the operation of the oil rig HYSY981 is a normal oil and gas operation of China in the southern area of “Zhongjian dao” ( id est Tri Ton island) of “Xisha” Islands ( id est Hoang Sa archipelago of Viet Nam) and has nothing to do with Viet Nam’s continental shelf and exclusive economic zone. This area lies “within the territorial waters and contiguous zone of “Xisha” Islands ( id est Hoang Sa archipelago of Viet Nam ) and the operation is a normal oil and gas exploration activity carried out within the undisputed waters under the management of China ”. Viet Nam completely rejects and does not accept that wrongful position of China.

Viet Nam possesses full historical evidence and legal basis to affirm its sovereignty over the Hoang Sa archipelago, as well as its sovereign rights and jurisdiction over the exclusive economic zone and continental shelf as defined in accordance with the United Nations Convention on the Law of the Sea of 1982. Viet Nam demands China respect Viet Nam ’s sovereignty over the Hoang Sa archipelago, and Viet Nam’s sovereign rights and jurisdiction over its exclusive economic zone and continental shelf.

That China has not pulled out the above-mentioned oil rig as well as service and protection vessels from the area of block 143, despite Viet Nam’s communication, is a deliberate and intentional act which gravely infringes upon Viet Nam’s sovereignty, sovereign rights and jurisdiction over the Hoang Sa archipelago, its exclusive economic zone and its continental shelf. That act also seriously violates the agreements reached between the two countries’ leaders, the spirit and letter of the DOC, the relevant rules of the international law, including the United Nations Convention on the Law of the Sea of 1982. China ’s act has strongly affected the political trust between the two countries, caused negative impacts on the Viet Nam-China negotiations on maritime issues, adversely affected the sentiments of the two peoples. Once again, Viet Nam earnestly demands that China immediately pull out the above-mentioned oil rig as well as the relevant vessels, equipments and staff from the area of block 143, which lies within Viet Nam ’s continental shelf, and desist from similar actions.

Viet Nam attaches great importance to the friendship and comprehensive strategic partnership with China and is willing to settle peacefully all disputes and differences concerning sea-related issues between the two countries through bilateral negotiations on the basis of international law, the United Nations Convention on the Law of the Sea of 1982 and the “Viet Nam-China Agreement on Basic Principles Guiding the Settlement of Maritime Issues”. Pending a fundamental and durable solution to the East Sea disputes, Viet Nam requests the Chinese side to work with Viet Nam to put the situation under control with a view to maintaining peace and stability in the East Sea and, at the same time, to take active measures to promote the current negotiations on maritime issues between the two countries.
The Ministry of Foreign Affairs of the Socialist Republic of Viet Nam avails itself of this opportunity to renew to the Ministry of Foreign Affairs of the People’s Republic of China the assurances of its highest consideration.”-VNA