China
intentionally misquotes VN’s diplomatic letter
China recently intentionally misqouted a
diplomatic letter of late Prime Minister Pham Van Dong, addressed to China on September 14, 1958, with the aim of
distorting the truth of Viet
Nam’s sovereignty over Hoang Sa and Truong
Sa archipelagos.
First of all, PM Pham Van Dong’s letter only recognized
and approved the decision regarding the 12 nautical mile breadth for China’s
territorial sea.
Secondly, PM Pham Van Dong’s letter had no word
mentioning territorial and sovereignty issue or any archipelagos. Therefore,
the letter did not have a constitutive character for giving up territory.
Thirdly, by the Geneva Accords, Viet Nam was
devided temporarily into two parts at the 17th parallel, pending
reunification through free general elections.
China is one of
the signatories of the Geneva Accords and it must know clearly that the two
archipelagos Paracels and Spratlys, lying under the 17th parallel, were under
the administration of the Republic
of Viet Nam.
Viet Nam’s
sovereignty over Hoang Sa (Paracel) and Truong Sa (Spratly) was recognized at
the San Francisco Conference in September 1951, which was to settle the
issues of territories after the second World War with the participation of 51
states.
At this conference, Head of the Vietnamese delegation,
Prime Minister of Bao Dai’s Government Tran Van Huu reaffirmed Viet Nam’s
sovereignty over Hoang Sa and Truong Sa archipelagos without any objections
from 50 other states.
After signing the Geneva Accords, the French Government
transferred the two islands to the Republic
of Viet Nam which had
maintained effective control and exercised sovereignty over the two
archipelagos.
Since Viet
Nam regained unification in 1975, the
Socialist Republic of Viet Nam administered the islands in Truong Sa
archipelago and constantly asserted its sovereignty over the Hoang Sa
archipelago.
Under the contemporary international law on territorial
acquisition, a state is recognized to have sovereignty over some territory if
that state can prove its occupation of and exercising sovereignty over such
territory in the capacity as a state in an effective, continuous and peaceful
manner. Accordingly, Viet
Nam has established and exercised its
sovereignty over Hoang Sa and Truong Sa archipelagos in accordance with
principles of international law.
By the use of force, China occupied the Hoang Sa
archipelago in 1956 and 1974. Some islets, rocks and shoals in the Truong Sa
archipelago of Viet Nam
were also occupied by China
in 1988. Any acts of using force to occupy Hoang Sa and Truong Sa
archipelagos constituted a serious violation of the UN Charter and principles
of international law.
A diplomatic memorandum, an official document issued by
the Chinese Ministry of Foreign Affairs on May 12, 1988 clearly stated a
fundamental principle of international law that sovereignty over a territory
can not be achieved through invasion.
China uses
distorted information to decieve others but over the past days, no country in
the world has voiced support for China’s
illegal placement of its drilling rig in Viet Nam’s exclusive economic
zone and continental shelf.
VGP
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