Trần Gia Phụng * Translated by VNCH-Ngoc Truong (Danlambao) - Early May 2014, China put the drilling rig of Hai Duong 981 (Hai Yang Shi You 981) to the sea near Triton Island in the Paracel Islands group China captured from the Republic of Vietnam on January 19, 1974. The appearance of this rig brought into limelight the issue of Premier Pham van Dong’s diplomatic note September 14, 1958 that was sent to Zhou Enlai of China.
I. Statement of China:
From February 24 to April 29, 1958, UN members met in Geneva to discuss The Law of the Sea. The conference concluded four conventions on The Law of the Sea. There were three proposed conventions for territorial sea: 3 nautical miles, 12 nautical miles and 200 nautical miles. No proposition could gain two-thirds of the vote, so the UN did not make a final decision. At that time, China and the two southern and northern of Vietnam were not members of the UN, so they did not attend the conference.
Prior to the territorial sea dispute, on June 28, 1958, Mao Zedong told his generals: "Today, the Pacific is not peaceful. The Pacific is only peaceful when we own it. "(Jung Chang and Jon Halliday, MAO: The Unknown Story, New York: Alfred A. Knopf, 2005, pp. 426).
In 1958, China issued a four-point statement on territorial sea, in which points 1 and 4 are as follows:
(1) The breadth of the territorial sea of the People's Republic of China shall be twelve nautical miles. This provision applies to all territories of the People's Republic of China including the Chinese mainland and its coastal islands, as well as Taiwan and its surrounding islands, the Penghu Islands, the Dongsha Islands, the Xisha Islands, the Zhongsha Islands, the Nansha Islands and all other islands belonging to China which are separated from the mainland and its coastal islands by the high seas.
(4) The principles provided in paragraphs (2) and (3) apply also to Taiwan and its surrounding islands, the Penghu Islands, the Dongsha Islands, the Xisha Islands, the Zhongsha Islands, the Nansha islands, and all other islands belonging to China.
The Taiwan and Penghu areas are still occupied by the United States armed force. This is an unlawful encroachment on the territorial integrity and sovereignty of the People's Republic of China. Taiwan, Penghu and such other areas are yet to be recovered, and the Government of the People's Republic of China has the right to recover these areas by all suitable means at a suitable time. This is China's internal affair, in which no foreign interference is tolerated.
The purpose of the Declaration of September 4, 1958 is to determine China's 12-nautical mile territorial sea. However, points 1 and 4 of the statement intentionally repeated and impliedly affirm that the Paracel and Spratly islans (of Vietnam originally and still occupied) belong to China and are named after China. Xisha and Nansha.
It should be noted that China was not a member of the United Nations at the time and could not use the United Nations forum to express its views and undertakings, so China made this statement unilaterally, Declaration of China's territorial sea. Therefore, other countries do not necessarily have to respond to China's Declaration, except North Vietnam itself responds promptly.
II. Diplomatic note of north Vietnam
Before signing the Geneva agreement on July 20, 1954 which divided Vietnam to two countries, the Labor Party (i.e. the Communist Party of Vietnam) has planned ahead of the war to fight the South. This policy was made clear at the Liuzhou conference in Guangxi (Guangxi), July 3-5, 1954 between Ho Chi Minh and Zhou Enlai.
After Vietnam was split up, North Vietnam was under Communist regime ruled by Ho Chi Minh and the Labor Party (i.e. the Communist Party of Vietnam). In order to attack the South, North Vietnam needed foreign assistance, especially the Soviet Union and China. Therefore, when China unilaterally issued a Declaration on the territorial sea on September 4, 1958, without consulting North Vietnam at all, the “YES MAN” Pham Van Dong, Prime minister of North Vietnam immediately responded by sending a diplomatic note on September 14, 1958 that endorsed China's Decision on territorial waters to please to the Chinese government.
At the beginning of the note, Pham Van Dong wrote: "Dear Comrade Premier". The end of the note is: “Our sincere salutations to Comrade Premier”. Calling each other “Comrade” by communist language between party member to party membe of the same international communist system, it is different from regular diplomatic language. The contents of Pham Van Dong's transcripts are as follows:
"The government of Democratic Republic of Vietnam has recognized and agreed the Declaration of the People’s Democratic Republic of China government on September 4, 1958 regarding the Decision of territorial sea of China.
The government of the Democratic Republic of Vietnam respected this Decision and will instruct all responsible organizations of the government to completely respect the 12-nautical mile territorial sea of China, and all relations at sea of the People’s Democratic Republic of China."
Certainly this text was passed to Ho Chi Minh and the Politburo of the Labor Party (i.e. the Communist Party) to approve and sent to China without consultation or went through the North Vietnamese parliament.
The North Vietnamese parliament was originally elected on January 6, 1946, known as the First Congress. After the war of 1946-54, and the country was divided. The North Vietnamese convened communist congressmen living in North Vietnam in September 1955 and continued to operate until May 8, 1960, then re-elected the second session of parliament, which had the initial meeting in Hanoi on July 6. 1960.
III. China Justifications
When China brought 981 rig to Hoang Sa (Paracel Islands) waters, violated Vietnamese territorial sea, it was strongly protested by the Vietnamese people and condemned by international opinion, the Chinese gorvernment started using Pham Van Dong's note of September 14, 1958 to defend itself.
On May 20, 2014, two Chinese have justified China's action. Of course they were given the authority from Beijing government to speak.
Liu Hongyang, Chargé d' Affaires of Chinese Embassy in Indonesia wrote in Jakarta Post (Indonesia) that the Xisha Islands (Paracel Islands) were Chinese territory. "In a statement dated 14 September 1958, on behalf of the then Vietnamese government, Pham Van Dong publicly admitted that the Xisha (Paracel Islands) and other islands in the South China Sea were Chinese territory."
Liu Hongyang, also wrote:
“Vietnam clearly violates the ‘estoppels’ principle” (legal term for contradiction).
Dr. Wu Sichun, President of the National Institute for South China Sea Studies, in an interview with the German news agency Deutsch Welle (DW), posted on the Net on May 20, 2014 said:
“In 1958, Vietnam's then Prime Minister Pham Van Dong recognized China's sovereignty over the Paracel and the Spratly islands in his official note to China's then Premier Zhou Enlai. Hanoi only changed its position after the country's reunification in 1975. However, in accordance with the principle of estoppels - whereby a party is barred from denying the truth of a fact that has already been settled - China does not believe Vietnam can change its position over the issue of sovereignty.”
IV. Vietnamese communists' defense
In response to the above allegations of China, at a press conference on May 23, 2014 in Hanoi, Tran Duy Hai, Deputy head of the National Border Committee, said:
"Vietnam respects the 12-nautical mile mentioned in the letter, but not mentioning the Paracel Islands, Spratly Islands, so the note has no legal value to Hoang Sa (Paracel Islands) and Truong Sa (Spratly Islands)" You can not give away something you do not possess. That further confirms the official note of Pham Van Dong has no legal value ... "
In addition, ambassadors of China and Vietnam to the US got involved in the debate, defended their own government. Media of the two countries also reported and criticized the accusation that rarely seen before. Many opinions from both sides, but they were about the same.
V. How to understand all this
China's Declaration of September 4, 1958 made two points:
1) Determining China's territorial sea to be 12 nautical miles.
2) Implicitly affirming China's sovereignty over some of the archipelagos in the South China Sea, including Hoang Sa (Paracel Islands) and Truong Sa (Spratly Islands) that long inherited by Vietnam.
Although Pham Van Dong did not say Hoang Sa (Paracel Islands) and Truong Sa (Spratly Islands) like Tran Duy Hai said, but Pham Van Dong's note "recognized and approved the Declaration of September 4, 1958 of China," meaning that the North Vietnam communist government recognized two main points of China's claim.
Tran Duy Hai said “You can not give away something you do not possess”.
If South Vietnam was not part of the whole Vietnam, why North Vietnam demanded: "Save the country fight Americans" or "Liberate the South, reunify the country"?
By invading South Vietnam, the Communists of North Vietnam recognized Sout Vietnam as part of Vietnam. When they want aid, North Vietnam said those islands belonged to South Vietnam, then used them as trade-off with foreign country?
A much strange explanation from Nguyễn thị Thụy Nga, spouse of Le Duan (Chief Communist party) when answered in the BBC's 2008 interview: "The puppet armed forces posted there so it should be better off for China to manage Hoang Sa" (CTV Danlambao- danlambaovn.blogspot.com).
A domestic researcher also said that Pham Van Dong's diplomatic note was not passed by parliament, so there is no legal validity in international relations. (BBC Vietnamese 21 May 2014, "Historical background notes 1958").
This concept is only true for democratic regimes. In the free world, the separation of power is clear. Decisions of the Executive branch must be approved by the Legislature, especially the territorial and territorial agreements which must be ratified by the Parliament. Under the communist regime, however, they did not rule by law, but by the Communist Party's resolutions.
The three branches end up in the same hand of the Communist Party, so the approval of the Parliament is not really needed. This policy is specifically included in Article 4 of the Constitution.
China became communist country since 1949. The Chinese Communist Party also ruled their country same way like the Communist Party of Vietnam. As such, the two countries very much understand each other’s tradition, through the language of Pham Van Dong's note saying: "Comrade Premier…" Thus, China knows Pham Van Dong's ruling in the dominant way of the communist state, that means the decision of the Communist Party is the ultimate decision, above all, there is no need for Parliament’s approval.
Vietnamese people do not care much Ho Chi Minh and the Labor party (AKA Communist party) that suported or not the Chinese’s Declaration. Nevertheless, Ho Chi Minh, as wel as Pham Van Dong and the Labor party endorsed this Declaration is an act of treason.
VI. Military alliance?
Some suggested that military alliance with other countries such as the US or ASEAN, is the way for Vietnam to gain strength against the threat from China.
However, in press conference in Beijing on August 25, 2010, Lieutenant General Nguyen Chi Vinh, Deputy Minister of Defense of Vietnam talked about “Three NO’s” policy:
- NO to military alliance.
- NO to military base of Vietnam for foreign forces.
- NO to join force with another country agaisnt the third one.
(See the Internet: Three No Policy of the Communist Party)
On the other hand, on May 28, 2014, in a speech delivered at the graduation ceremony of West Point Military Academy, President Obama outlined the basis of US foreign policy: "The United States will use the military unilaterally if necessary, if it is necessary for our key interests - in case our people are threatened, our lives are in danger or the security of our Allies are challenged... "(BBC Vietnamese, 29-5-2014)
Not only had the US policy to protect its key inerests, it has been the same policy of any country world wide. What the US benefits by helping Vietnam (90 million people) in exchange for trading with China (more than 1 billion people)?
In addition, it is hardly for the US to be an ally of Vietnam while the latter has violated human rights seriously and simply to be a communist regime.
Moreover, Philipines-US alliance can stop China from afar. The Philippines is far from mainland China, across the South China Sea and it is still safe for the US. Another word, does the US need alliance from Vietnam?
ASEAN members are no different from the US, gathering together for the economic interests of every country. Cambodia, Laos had not much preference for Vietnam due to long historic tradition. Myanmar, Malaysia are not interested in South China sea and Vietnam. Besides, ASEAN members would like to see a Vietnam unresisting, not so strong that Vietnam could oppress its neighbours
For Vietnam to be an ally with any other country against China is an illusion. China is aware of that. The communist government in Vietnam must correct its own problems from mistakes that were created by Ho Chi Minh and the Communist Party. Having China to fight France is like asking a robber to chase a thief. Fighting against the US with help from China is not the right way to “save” Vietnam but to lose Vietnam completely.
VII. Decision to act
Throughout history, Vietnamese peple have fought for their territory against invasion. Since mid of 20th century, the Vietnam Communist Party seized power, in contrast, they used their own land to exchange for the pursuit of power, Pham Van Dong’s note is a typical case.
In order to exit this status, the first and foremost thing is to invalidate the diplomatic note of Pham Van Dong, and disable the recognition of the government of Vietnam and the Communist Party to the Declaration of China.
To do so, the government of Pham Van Dong and successive governments must be deprived. Two methods to dissolve the government:
First method: The Communist Party of Vietnam former the Labor Party, the official heir of Pham Van Dong government must transform to deny the liability all the Dong’s government signed and committed. Russia under Yeltsin and Cambodia wih Hun Sen did transform and emerge.
Would the leaders of Vietnam Communist Party sacrifice the interests of the party to disband the party itself like Yeltsin did to the USSR for the best interest of the father land?
Second method: If the gang of leaders stays put to power, the only option left is to get rid of them. The fight will be tough and difficult to remove the regime, but Vietnam is on the verge of collapse, and is at the end of cul-de-sac. So fight to change and to save yourself. Following this path will stop the effect of Pham Van Dong’s note or any secret deals between Ho Chi Minh and China, or deals from 1990 Chengdu meeting up until now. Otherwise, the danger of the new era of Sinicization (influenced and absorbed to Chinese culture) is awaiting.
Trần Gia Phụng (Toronto, 5-6-2014)
Translated by:
VNCH-Ngoc Truong/ October 22, 2017
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