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Giáo Sư Nguyễn Văn Canh

PHẦN II: CHỦ QUYỀN DÂN TỘC.

A. BẰNG CHỨNG VỀ CHỦ QUYỀN:

B. HỒ CHÍ MINH VÀ ĐẢNG CỘNG SẢN VIỆT NAM BÁN NƯỚC

Chương I: Các Văn Kiện Bán Nước

Chương II: Các Hành vi Bán Nước

Chương III: Các Hành Động Nối Giáo Cho Giặc

Chương IV: Diễn Tiến Hành Động Đưa Trung Cộng Vào Đặt Ách Nô Lệ Hóa Dân Việt

***

PHẦN III: PHỤ CHƯƠNG VÀ PHỤ LỤC

HIỆP ƯỚC PHÂN ĐỊNH VỊNH BẮC VIỆT và HIỆP ƯỚC NGHỀ CÁ.

***

Delimitation and Fishery Cooperation in the Tonkin Gulf

...

Article 10

Each Contracting Party may adopt any form of intemational cooperation or form of joint venture within the framework of operational scale in its own area in tbe Common Fishery Zone. All the vessels under the above cooperative or joint venture forms permitted to conduct fishing activities in the Common Fishery Zone shall comply with the regulations on preservation and management of fishery resources adopted by the Sino-Vietnamese Joint Committee for Fishery in tbe Tonkin Gulf, hoist the national flag of the Contracting Party who has granted them the permit, mark them in accordance with the regulations of the Sino-Vietnamese Joint Committee for Fishery in the Tonkin Gulf, and operate within the area of the Contracting Party who has granted them the permit in the Common Fishery Zone.

Part III. Transitional Arrangements

Article 11

1. Each Contracting Party shall make transitional arrangements for the existing fishing operations of the other Contracting Party in its exclusive economic zone north of the Common Fishery Zone (measured from 20”N.). The transitional arrangements shall be implemented from the date of the entry into force of this Agreement. The other Contracting Party shall take measures to reduce such fishing operations year by year. The transitional arrangements will end within four years from the date of the entry into force of this Agreement.

2. The extent of the water area and management measures for the transitional arrangements shall be made by the Contracting Parties in the form of a supplementary protocol, which shall constitute an integral part of this Agreement.

3. Each Contracting Party, upon the end of the transitional arrangements, shall give priority, under the same conditions, to the other party for fishing operations in its exclusive economic zone.

Part IV. Buffer Zone for Small Fishing Boats

Article 12
1. The Contracting Parties shall establish the buffer zone in order to avoid disputes caused by illegal entry by mistake of small fishing boats of one party to the territorial sea of the other. The actual extent of the buffer zone is the water area circled by the straight lines connecting the following points:

(1) 21°28’12.5”N., 108°06’04.3”E.
(2) 21°25’40.7”N., 108”02’46.1”E.
(3) 21o17’52.1”N., 108°04’30.3”E.
(4) 21o18’29.0”N., 108°07’39.0”E.
(5) 2lo19’05.7”N., 108o10’47.8”E.
(6) 21o25’41.7”N., 108”09’20.0”E.
(7) 2I°28’12.5”N., 108°06’04.3”E.

2. Each Contracting Party, if it finds that small fishing boats of the other party conduct fishing activities in its water area in the buffer zone, may send a warning, or take necessary measures to order them to leave that water area, but by so doing the Contracting Party shall restrain its action not to detain or arrest the vessels in question, nor to use Delimitation and Fishery Cooperation in the Tonkin Gulf 39 force. If there is any dispute relating to fishing activities, it shall be reported to the Sino-Vietnamese Joint Committee tor Fishery in the Tonkin Gulf for settlement; if there is any dispute beyond fishing activities, it shall be settled by relevant and respective competent authorities of the two countries in accordance with their domestic law.

Part V: Sino-Vietnamese Joint Committee For Fishery in the Tonkin Gulf*

Article 13

1. The Contracting Parties have decided to establish the Sino-Vietnamese Joint Committee for Fishery in the Tonkin Gulf (hereinafter referred to as the Joint Fishery Committee) in order to implement this Agreement. The Joint Fishery Committee shall consist of two representatives respectively appointed by both Governments and several committee members.

2. The Joint Fishery Committee will make detailed regulations on its operational mechanism.

3. The functions of the Joint Fishery Committee are as follows:

(1) to consult on relevant matters relating to the preservation and sustainable utilization of fishery resources in the Agreed Water Area, and to make proposals for the two Governments;

(2) to consult on relevant matters relating to fishery cooperation between the two countries in the Agreed Water Area, and to make proposals for tbe two Governments;

(3) to adopt regulations and implementing measures on preservation and management of fishery resources in the Common Fishery Zone in pursuance to Article 5 of this Agreement;

(4) to determine tbe quantity of fishing vessels of each party entering into tbe Common Fishery Zone annually in pursuance to Article 6 of this Agreement;

(5) to consult and decide on other matters relating to the Common Fishery Zone;

(6) to carry out the functions in accordance with the supplementary protocol on transitional arrangements;

(7) to settle disputes of fishing activities occurring in the buffer zone for small fishing boats;

(8) to guide the settlemeni of fishery disputes and maritime accidents within its prescribed capacity;

(9) to evaluate the situation of implementing this Agreement and report to the two Governments;

(10) to propose to the two Governments any amendment or revision of this Agreement, annexes to this Agreement, and supplementary protocols to this Agreement; and

(11) to consult on other matters within common concern of the two parties.

4. Any proposal and decision of the Joint Fishery Committee shall be subject to unanimous agreement of the representatives of the Contracting Parties.

5. The Joint Fishery Committee shall hold one or two meetings annually, and the venue is made by turn between the two countries. Meetings ad hoc may be held with the agreement of both parties when necessary.

Part VI. Miscellaneous Provisions

Article 14

The Contracting Parties shall provide their own nationals and fishing vessels with guidelines, legal education, and adopt other necessary measures so as to ensure the safety of navigation, maintenance of the order and safety of fishing operations at sea and the smooth and timely handling of maritime accidents in the Agreed Water Area.

Article 15

1. When the nationals and fishing vessels of one Contracting Party need assistance due to distress or other emergencies in the sea area of the other Contracting Party, the other Contracting Party shall be obliged to render salvage and protection, and notify in the meantime the relevant department of the counterpart Contracting Party of the relevant matters.

2. When the nationals and fishing vessels of one Contiacting Party seek refuge due to bad weather or other emergencies, they may take refuge in the area of the other Contracting Party in accordance with the annex to this Agreement and the regulations of the Joint Fishery Committee, and after the contact with the other Contracting Party. During the refuge, the nationals and fishing vessels of that Contracting Party shall abide by the relevant laws and regulations of the other Contracting Party, and obey the management of the relevant department of the other Contracting Party.

Article 16

Each Contracting Party shall ensure the right of innocent passage and navigational convenience of fishing vessels of the other Contracting Party in accordance with the provisions of the United Nations Convention on the Law of the Sea concluded on 10 December 1982.

Article 17

1. The Contracting Parties shall cooperate for fishery scientific research and preservation of marine living resources in the Agreed Water Area.

2. Each Contracting Party may have international co-operation for fishery scientific research in its own water area of the Agreed Water Area.

Part VII. Final Provisions

Article 18

Any dispute resulting from interpretation or application of this Agreement between the two parties shall be settled through friendly consultation.

Article 19

Any annex or supplementary protocol to this Agreement shall constitute an integral part of this Agreement.

Article 20

Both Contracting Parties may amend or revise, through consultation, this Agreement, any annex to this Agreement, or any protocol to this Agreement, Delimitation and Fishery Cooperation in the Tonkin Gulf.

Article 21

The geographical coordinates of the Common Fishery Zone stipulated in Article 3(2) of this Agreement and the geographical coordinates of the buffer zone for small fishing boats are measured from the complete map of the Tonkin Gulf and the special map of the mouth of the Beilun River annexed to the Delimitation Agreement on the Tonkin Gulf.

Article 22
1. This Agreement shall enter into force from the date of the exchange of notes between the two parties after having carried out necessary domestic legal procedures by both parties respectively.

2. The term of validity of this Agreement shall be 12 years, and extend to another 3 years automatically afterwards. The continuation of cooperation after the expiry of the extension shall be negotiated between the two parties through consultation. This Agreement is signed in Beijing on 25 December 2000, and written in Chinese and Vietnamese, both of which are equally authentic.

(signed)
Representative for the Government of the People’s Republic of China
(signed)
Representative for the Government of the Socialist Republic of Vietnam

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