Agreement 52/2004/LPQT Vietnam China Delimitation of the Territorial Seas, Exclusive Economic Zones in Bac Bo Gulf

AGREEMENT BETWEEN THE PEOPLE'S REPUBLIC OF CHINA AND THE SOCIALIST REPUBLIC OF VIET NAM ON THE DELIMITATION OF THE TERRITORIAL SEAS, EXCLUSIVE ECONOMIC ZONES AND CONTINENTAL SHELVES OF THE TWO COUNTRIES IN BEIBU GULF/ BAC BO GULF

The People's Republic of China and the Socialist Republic of Viet Nam (hereinafter referred to as "the two Contracting Parties");

With an aim to consolidating and developing the traditional bonds of friendship and good-neighbourliness between the two countries and peoples of China and Viet Nam, maintaining the stability and promoting the development of Beibu Gulf/Bac Bo Gulf;

On the basis of the principles of mutual respect for independence, sovereignty and ter­ritorial integrity, mutual non-aggression, non-interference in each other's internal affairs, equality, mutual benefit and peaceful co-existence;

In the spirit of mutual understanding and mutual accommodation, friendly consulta­tions for an equitable and rational solution of the delimitation of Beibu Gulf/Bac Bo Gulf;

Have agreed as follows:

Article I

1. The two Contracting Parties, on the basis of the 1982 United Nations Convention on the Law of the Sea, generally recognised principles of international law and practices, taking into account all relevant circumstances in Beibu Gulf/Bac Bo Gulf, in accordance with the principle of equality, through friendly consultation, have delimited the territorial seas, exclusive economic zones and continental shelves of the two countries in Beibu Gulf/Bac Bo Gulf.
2. Under this Agreement, Beibu Gulf/Bac Bo Gulf is a semi-enclosed gulf bordered by the continental coastlines of China and Viet Nam to the North, by the coastline of Lei Zhou peninsula and Hainan island of China to the East, by the continental coastline of Viet Nam to the West and by the straight lines connecting the outermost points of the outer edge of the Ying Ge cape, Hainan island of China defined by the geographical coordinates of lat­itude 18 30' 19" North, longitude 108 41' 17" East, crossing Con Co island of Viet Nam to a point situated on the coastline of Viet Nam specified by the geographical coordinates of latitude 16 57' 40" North and longitude 107 08'42" East.

The two Contracting Parties have defined the above-mentioned area as the area to be delimited under this Agreement.

Article II

The two Contracting Parties agreed on the line of delimitation of the territorial seas, exclusive economic zones and continental shelves of the two countries as defined by the
straight lines connecting the following 21 points specified by coordinates and in the se­quence given below:

Article III

1. The line of delimitation from point 1 to point 9 stipulated in Article II of this Agreement shall be the boundary of the territorial seas of the two countries in Beibu Gulf/ Bac Bo Gulf.

2. The vertical plane holding the boundary of the territorial seas stipulated in Para­graph 1 of this Article shall delimit the air spaces above, seabeds and subsoils beneath the territorial seas of the two countries.

3. Any topological changes shall not affect the boundary of the territorial seas of the two countries from point 1 to point 7 stipulated in Paragraph 1 of this Article, unless oth­erwise agreed by the two Contracting Parties.

Article IV

The line of delimitation from point 9 to point 21 stipulated in Article II of this Agree­ment shall be the boundary of the exclusive economic zones and the continental shelves of the two countries in Beibu Gulf/Bac Bo Gulf.

Article V

The line of delimitation of the territorial seas of the two countries stipulated in Article II of this Agreement from point 1 to point 7 is illustrated by the black lines in the thematic Map of Bei Lun estuary, 1:10,000 scale, established by the two Contracting Parties in 2000. The line of delimitation of the territorial seas, exclusive economic zones and continental shelves between the two countries from point 7 to point 21 is illustrated by the black lines on the Overall Map of Beibu Gulf/Bac Bo Gulf, 1:500,000 scale, established by the two Contracting Parties in 2000. All the lines of delimitation are geodetic lines.

The above-mentioned thematic Map of Bei Lun estuary and the Overall Map of Beibu Gulf/Bac Bo Gulf are attached to this Agreement. These two maps were established by us­ing ITRF-96 system. Geographical coordinates of the points stipulated in Article II of this Agreement are specified in the above-mentioned maps. The line of delimitation defined in this Agreement as shown on the maps attached to the Agreement is for illustrative purpose only.

Article VI

The two Contracting Parties shall respect the sovereignty, sovereign rights and juris­diction of each other over their respective territorial seas, exclusive economic zones and continental shelves in Beibu Gulf/Bac Bo Gulf as defined in this Agreement.

Article VII

If any single petroleum or natural gas structure or field, or other mineral deposit of whatever character, extends across the delimitation line defined in Article II of this Agree­ment, the two Contracting Parties shall, through friendly consultations, reach agreement as to the manner in which the structure, field or deposit will be most effectively exploited as well as on the equitable sharing of the benefits arising from such exploitation.

Article VIII

The two Contracting Parties shall conduct consultations on the proper use and sustain­able development of the living resources in Beibu Gulf/Bac Bo Gulf as well as on cooper­ative activities relating to the conservation, management and use of the living resources in the exclusive economic zones of the two countries in Beibu Gulf/Bac Bo Gulf.

Article IX

The delimitation of the territorial seas, exclusive economic zones and continental shelves between the two countries in Beibu Gulf/Bac Bo Gulf under this Agreement shall not affect or prejudice the positions of each Contracting Party on the norms of international law of the sea.

Article X

Any dispute between the two Contracting Parties relating to the interpretation or im­plementation of this Agreement shall be settled through friendly consultations and negoti­ations.

Article XI

This Agreement shall be ratified by the two Contracting Parties and shall enter into force on the date of exchange of the instruments of ratification. The instruments of ratifi­cation will be exchanged in Ha Noi.

Done in Beijing, this 25th day of December of the year 2000, in duplicate, each in the Chinese and Vietnamese languages, both texts being equally authentic.

Plenipotentiary Representative of the People' s Republic of China:
TANG JIAXUAN

Minister of Foreign Affairs

Plenipotentiary Representative of the Socialist Republic of Viet Nam:
NGUYEN DY NIEN
Minister of Foreign Affairs