On the settlement of Vietnam-China border issue


Ha Noi, Sept. 14 (VNA) -- The shared borderline of 1,350 km between Viet Nam and China has been developing into a border area of peace, friendship and stability.

In recent years, the public has given significant attention to this issue. Deputy Foreign Minister Le Cong Phung has granted a special interview to Viet Nam News Agency on the progress of the settlement of the border issue between Viet Nam and China.

Mr. Phung is also Head of the Border Committee and Head of the Vietnamese Government-level delegation for Negotiations on Viet Nam-China Border and Territory Issues.

Following are the major contents of the interview:

On the principles that Viet Nam and China agreed to define the border demarcation between the two countries, Mr. Phung said:

"First, the two sides utilized the 1887-1895 Convention signed by France and China (The Ching Dynasty) and relevant historical documents, planning and border marker placement maps as well as defined border marks to re-define the land borderline. This was a basic and important element for the agreement;

"Second, in the process of comparing and defining the directions of the demarcation line in areas that the two sides failed to reach a consensus on, in spite of repeated comparisons, the two sides will conduct field investigations, including investigations into regional disputes in the spirit of sympathy, compromise, and friendly negotiation, so as to reach a fair and proper solution;

"Third, after the two sides have redefined the demarcation, if any area managed by one side is inside the territory of the other, in principle it should be returned to the other side without any attached conditions. For some special areas the two sides may, through friendly negotiations, make proper readjustment in the spirit of sympathy and mutual compromise, equity and reasonableness;

"Fourth, the two sides have agreed to include any situation and make reference to international customs to settle issues relating to river and stream borders;

"Fifth, concerning the residential areas of both sides where the people of the two countries have been living for a long time (overlapping areas between the two nations), the two sides were unanimous in maintaining the stability of the lives of the inhabitants;

Sixth, the two sides have agreed to set up a joint working team which is tasked to hold detailed discussions on related issues. From 1994-99, the Joint Working Team conducted 16 rounds of negotiations in Ha Noi and Beijing.

Asked about the formula for, and the results of, the land borderline negotiation between Viet Nam and China, Mr.Phung said:

"In conformity with the 1993 Agreement on Basic Principles, each side followed the above-mentioned legal documents to draw a borderline in accordance with its assessment on maps of the same kind (called maps of borderline orientation). Subsequently, they exchanged their maps to compare each other's opinions and find out border sections that are similar and that are not similar.

"Through comparison, the two maps had about 900 km out of the total 1,350 km of the borderline which coincided with each other. Of the remaining 450 km, 164 areas on the borderline covering about 227 sq.km (these areas were called the Areas C in short) were viewed with different perceptions. Additionally, technical differences were found in 125 other areas with a total acreage of almost five sq. km. These differences were settled quickly in a rational and fair manner for both sides thanks to technical measures.

"The key issue of the whole negotiation process was the settlement of the 164 Areas C, and the complete agreement to settle differences on these 164 Areas was reached by the two negotiation delegations at the end of 1999. The outcome was as follows: among the total 227 sq. km of these 164 Areas, about 113 sq. km were defined as belonging to Viet Nam and about 114 sq. km were defined as belonging to China. The solutions for these 164 Areas C were described in a Memorandum of Understanding (MoU) and were then included in the 1999 Viet Nam-China Treaty on the Land Borderline. This Treaty includes a 1/50,000 scale map (drawn on 34 pieces of paper).

"Border sections that cover streams and rivers, clearly defined by the 1887 and 1895 France-China (Ching Dynasty) Conventions, were accepted exactly in accordance with the Conventions. Border sections that cover streams and rivers not yet clearly defined by the two Conventions were settled in accordance with standard international practices. In detail, for river and stream sections passable to ships and boats, the borderline was defined as the median strip of the waterways. For river and stream sections that are not usual waterways for ships and boats, the borderline was defined as the median strip of the water flow or the main water flow.

"The outcome of the negotiations and the signing of the 1999 Viet Nam-China Treaty on Land Borderline are commensurate with the basic principles agreed upon by both sides, ensuring equity and satisfaction of the two sides and meeting the basic and long-term interests of Viet Nam."

Asked about the recent slanderous accusations made by reactionary forces and political opportunists of the results of the Viet Nam-China border negotiations - as some have suggested Viet Nam has lost, without any justification, a large land area, even as large as 700 sq.km including Ban Gioc water fall and Huu Nghi Quan ( You Yi Guan), Mr.Phung explained:

"First of all, in my capacity as the head of Viet Nam's delegation to the government-level negotiations on borders and territories between Viet Nam and China, I affirm that the accusations that Viet Nam has lost 700 sq.km of its land area are totally inaccurate and groundless because, as mentioned above, after making comparisons of the maps of borderline orientation drawn up by each side to the France-China (Ching Dynasty) border convention, the total disputed land areas of the 164 Areas C were just 227 sq.km.

Obviously, the different land areas created by the borderlines drawn up by both sides were just 227 sq.km only, including about 113 sq.km belonging to Viet Nam and about 114 sq.km to China. This means that the different land areas were divided approximately equal to each side.

Therefore, it is impossible to say that Viet Nam has lost hundreds of sq.km.

"Moreover, for various reasons, the two sides had different perceptions of the direction along which the borderline would run in many sections. Accordingly, their bilateral negotiations were essential. Areas, which belong to either side with the support of its legal ground and evidence (obvious explanation or clear borderline maps, etc), should be returned to that side. Regarding areas without enough legal ground and evidence to support, of course the two sides had to make concessions to each other during their negotiations on the basis of fundamental principles agreed upon by both sides in order to obtain results which are fair and acceptable to both sides. The negotiations could not meet the demands of only one side."

Regarding Ban Gioc water fall in Cao Bang province and the Huu Nghi Quan area in Lang Son province, Mr.Phung said:

"These two areas were part of the most complicated and sensitive issues in the border negotiations between the two sides. In fact, in these two areas, complicated disputes had occurred for many years. There were unclear definitions in the legal documents on border demarcation and the placement of markers between the French and Ching administrations.

On the borderline drawn up on a large map (1/100,000 ratio), the terrain of Huu Nghi Quan area was only roughly defined and did not clearly represent the natural geographical conditions in the area. Therefore, it was very difficult to define the direction along which the borderline would run. These legal and geographical limitations led to the two sides' having different ideas about the direction of the borderline in these two areas."

On the basis of generally applying relevant bases and factors, the two sides have arrived at an agreement to delimit the two above-mentioned areas as follows:

a. The Ban Gioc waterfall area is among areas having a borderline defined on rivers and streams. For that reason, the border of this area has been agreed to be drawn based on international practices like similar cases. It means that the borderline is to be defined based on the median of the main flow. The median of the main flow of the Ban Gioc waterfall will be measured and defined by both sides during the course of drawing the borderline and planting border markers with the main flow being defined on the waterfall. Therefore, it is completely incorrect to suggest that Viet Nam will lose the Ban Gioc waterfall, when it is only a matter of defining the direction of the borderline in conformity with the principle of defining the direction of borderlines on rivers and streams that have been agreed upon by both sides, following international practices.

b. The Huu Nghi Quan area is related to the border area that links the two countries' roads and railways. With regard to the border road section, the 1886 French-Chinese (the Ching dynasty) agreement on border definition between Viet Nam and China stipulates that the borderline "lies in the direction of the south of Ai Nam Quan (Nanguan gate), on the road from Nam Quan to Dong Dang village". When delimiting the borderline, the two sides have fixed border marker No. 18 to define the borderline and the location of this marker has been described as lying on the way from Nam Quan to Dong Dang (Border marker No. 18 has been lost). According to the 1894 French-Ching bordermarker placement map, the Nam Quan geographical area is located on the north of the borderline. For that reason, the border is always on the south of Nam Quan and does not cross that area. On the railway section, the Chinese side had held that the borderline crosses the point where the two countries' railways meet. However, through negotiations, the two sides reached a solution that the borderline passes the point 148m north of the linkage of their railways and that it does not situate on the point as stated earlier by the Chinese side.

Clearly, we can affirm that the solutions reached during the course of solving the land border issues in general and those relating to the two above-said areas in particular are satisfactory, meeting the interests and aspirations of both sides. Information aired by reactionary forces and political opportunists is completely fabricated and groundless, and aims to serve politically treacherous schemes.

On the significance of the settlement of the Viet Nam-China land border issue, Deputy FM Phung said:

"By signing the Treaty on the Land Border, we have completely settled one of the three issues related to borders and territory which have existed for a long time in our relations with China (namely the land border, the Tonkin Gulf and the East Sea). The Treaty was a result of long-term negotiations, reflecting the efforts of both countries, and fully taking into account international law and practices as well as compromises from both sides.

"It's necessary to stress that in comparison with the stipulations of the previous France-China Convention, the style of the Treaty on the Land Border signed on December 30 of 1999 has defined more specifically and clearly the land demarcation line between Viet Nam and China. The clearer definition of the land border using modern equipment has facilitated better management and maintenance of stability in the border region.

"This development step has helped us to achieve the target of building the Viet Nam-China border into an area of peace, friendship and stability, thus contributing to furthering mutual trust between the two sides and in creating the momentum for increasing and developing cooperation with China under the guideline of "friendly neighbourliness, comprehensive cooperation, long-lasting stability, and looking toward the future."

The settlement of the Viet Nam-China land demarcation issues ushered in an important era in Viet Nam's history as well as in its relations with China. It has also contributed to regional stabilisation, receiving considerable appreciation from both the national and world public and especially among regional partners.

Viet Nam has signed border delineation treaties with Laos and Cambodia, a sea border delineation treaty with Thailand, and an agreement on the joint exploitation of overlapping sea territories with Malaysia. The country is currently engaged in negotiations with Cambodia on outstanding border and territorial issues, and with Indonesia on the continental shelf.

In this context, the solution to the land border issues with China through the recently signed treaty has been an important step forward in developing peaceful and friendly relations with neighbouring countries, and contributing considerably to strengthening peace and stability in the region."

On the progress of planting border markers, Mr.Phung said:

"The placement of the first border-markers at the major border-gates of Mong Cai-Dong Xing, Lao Cai-He Kou, Thanh Thuy-Tian Bao, Ma Lu Thang-Jin Shui He, and Ta Lung-Shui Kou marks an important step forward in the implementation of the border task. During the 7th, 8th and 9th rounds of negotiation, the two Governmental delegations had reviewed the preparations of the border-marker installation. So far, the joint committee has nearly completed the preparatory steps for the task of border delineation and border-marker placement along the demarcation line, including the establishment of 12 border delineation and border-marker installation teams, reaching an agreement on the planting of 1,533 border markers (against just more than 300 border-markers under the France-China Convention), and signing the necessary relevant legal and technical documents.

"So far, 12 joint border-marker placement teams have been meeting to discuss in detail the measures to implement the border-delineation task, especially to place border-markers along the entire borderline since September of 2002. The two sides are trying to complete the border delineation and border-marker placement work within three years. This will then be followed by the signing of a protocol on border delineation and border-marker placement as well as a treaty on border regulations as a routine."--Enditem