Information on Vietnam's rights in the exclusive economic zone in the East Sea

In recent days, in response to questions from a number of domestic and foreign reporters regarding recent developments in the East Sea, Foreign Ministry spokesperson Le Thi Thu Hang has repeatedly made statements affirming Vietnam's sovereignty, sovereign rights and jurisdiction over maritime areas in the East Sea as determined by the 1982 United Nations Convention on the Law of the Sea (UNCLOS).

In a strong message last night, the Foreign Ministry spokesperson condemned the Chinese survey ship Haiyang 8's violations of Vietnam's exclusive economic zone and continental shelf in the southern part of the East Sea, resolutely demanding an immediate end to the violations, the withdrawal of all ships from Vietnam's waters, and reaffirmed that these are entirely Vietnamese waters, determined in accordance with the provisions of UNCLOS, of which Vietnam and China are both members.

So according to UNCLOS, what rights do coastal states have over their exclusive economic zones and continental shelves?

With a coastline of 3,260 km and many islands and archipelagos, Vietnam is a coastal country with full rights and obligations as stipulated in UNCLOS. According to the Convention, each coastal country has 5 maritime zones including: internal waters, territorial sea, contiguous zone, exclusive economic zone and continental shelf.

On November 12, 1982, the Vietnamese Government declared the baselines used to calculate the breadth of Vietnam's territorial waters. This is also the basis for Vietnam to determine the scope of the sea areas under national sovereignty and jurisdiction according to the legal framework set forth by UNCLOS.

The waters lying within the baseline are called "inland waters", is placed under the complete, full and absolute sovereignty of the coastal state. Foreign vessels wishing to enter or exit internal waters must request permission from the coastal state and must comply with the laws of that state.

Article 3 of the Convention provides that the sovereignty of a coastal State extends beyond its land territory and internal waters to an adjacent zone of sea extending 12 nautical miles from the baselines, known as theterritorial watersIn territorial waters, coastal states also have complete and total sovereignty, but not as absolute as in internal waters.

The coastal State is recognized as having legislative, executive and judicial powers over its territorial sea, but foreign ships have the right to pass through its territorial sea without prior authorization if they are not engaged in any harmful activity.

The sea area adjacent to the territorial sea is calledcontiguous zone, with a width of 24 nautical miles from the baseline. Article 33 of UNCLOS stipulates that the contiguous zone is a maritime area under the jurisdiction of a state, including jurisdiction to prevent and punish violations in the fields of customs, taxation, sanitation, immigration within its territory or territorial sea.

Exclusive economic zonelocated beyond and adjacent to the territorial sea, with a breadth not exceeding 200 nautical miles measured from the baseline. In the exclusive economic zone, the coastal state has sovereign economic rights and jurisdiction.

Article 62 of UNCLOS stipulates that economic sovereignty includes the rights to exploit living and non-living resources of the water column above the seabed, of the seabed and subsoil below the seabed. Any foreign organization or individual wishing to exploit resources in the exclusive economic zone must have the permission and consent of the coastal state.

According to Article 58 of the Convention, States enjoy freedoms of navigation and overflight... However, when exercising their rights and performing their duties in the exclusive economic zone of another State, States must respect the laws and regulations promulgated by the coastal State in accordance with the provisions of UNCLOS.

The Convention also providestcontinental shelfof a coastal State comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, up to a distance not exceeding 350 nautical miles from the baselines from which the territorial sea is measured.

In cases where the outer edge of the continental margin is less than 200 nautical miles away, the continental shelf of a country is calculated as the sea area with a width of 200 nautical miles from the baseline, according to Article 76 of UNCLOS.

Vietnam's sea areas according to UNCLOS regulations. Graphics: Camau.gov.vn.

UNCLOS stipulates that in the continental shelf, coastal states shall exerciseSovereign rights to explore and exploit natural resources such as minerals, oil and gas, shrimp and fish... mine.

"Vietnam has sovereignty and jurisdiction in its exclusive economic zone and continental shelf, the most important of which is the right to explore and exploit resources in that area," said maritime law expert Hoang Viet of Ho Chi Minh City University.

Because this is the exclusive right of the coastal state, "if other countries want to exploit it, they must have the written consent of that coastal state," said Mr. Hoang Viet.

In a personal blog post on May 6, 2014, Li Linghua, a famous researcher on Chinese Law of the Sea, said that "China is a signatory to UNCLOS, so it needs to comply with Articles 74 and 83 of the Convention, and needs to respect the continental shelf and 200-nautical mile exclusive economic zone policies of coastal states."

According to Articles 279 and 280 of UNCLOS, any dispute between member states regarding the interpretation or application of the Convention shall be resolved by peaceful means on the basis of the United Nations Charter.

DK1 platform on Vietnam's continental shelf. Photo: Pham Ngoc.

Spokesperson Le Thi Thu Hang yesterday, July 19, affirmed that Vietnam's maritime authorities continue to deploy many appropriate measures to peacefully and lawfully exercise sovereignty, sovereign rights and jurisdiction to protect Vietnam's waters.

"Maintaining order, peace and security in the East Sea is the common interest of countries in and outside the region as well as the international community. Therefore, Vietnam hopes that relevant countries and the international community will make joint efforts to contribute to protecting and maintaining this common interest," said Ms. Hang.