“The State of Vietnam was the first state in history to exercise its sovereignty over the two archipelagos of Hoang Sa (Paracel) and Truong Sa (Spratly) since they were ownerless pieces of land, at least since the 17th century.
Vietnam has sufficient historical evidence that has legal value to testify to its sovereignty over Hoang Sa and Truong Sa,” Dr Tran Cong Truc, former head of the Government’s Boundary Committee, has said.
Many countries and international scientists have recognised historical
and legal evidence of Vietnam’s sovereignty over Hoang Sa and Truong Sa
which show that the State of Vietnam was the first state in history to
possess and exercise its sovereignty over these two chains of islands
since they were ownerless pieces of land, at least since the 17th
century. And Vietnam’s possession and exercise of sovereignty over the
two archipelagos are clear, continuous, and peaceful, and in conformity
with the current “acquisition of territory” principle - the principle of
effective occupation - of Public International Law.
Over the
course of three centuries, from the 17th to late 19th century, as the
State of Dai Viet (a former name of Vietnam), three different dynasties
performed the sacred mission of possessing and exercising sovereignty
over Hoang Sa and Truong Sa.
The Hoang Sa Flotilla, established
by the State to manage, protect, and exploit the two archipelagos, is a
typical example. The flotilla and the Bac Hai Flotilla, established
later and also led by the leader of the Hoang Sa Flotilla, worked under
the order of seven lords, from the time of Lord Nguyen Phuc Lan and his
son Lord Nguyen Phuc Tan in the 17th century until the Tay Son Uprising
(1771 - 1802), without encountering any disputes or resistance.
Truc pointed out important evidence for the feudal state of Vietnam’s
actual and effective management over these chains of islands, which is
the designation of the then Hoang Sa (consisting of Hoang Sa and Truong
Sa archipelagos) as an administrative unit of the State at that time.
During the reign of the Nguyen lords, Hoang Sa was part of Thua tuyen
Quang Nam or Quang Nghia (Ngai), an administrative unit equivalent to a
province, in today’s central region, as seen in “Toan tap Thien Nam Tu
chi Lo do thu” (Handbook of the South’s Road Map) or “Phu bien Tap luc”
(Miscellaneous Records of Border Pacification) by Le Qui Don (1726 -
1784). In the Tay Son era, Quang Nghia was renamed Hoa Nghia. In the
Nguyen Dynasty (1802 - 1945), Hoang Sa belonged to Quang Ngai Province.
After that, as the representative of the State of Vietnam in terms of
diplomacy under the 1884 Patenotre Treaty, the French colonial
administration conducted the protection and management of the two
archipelagos in line with then legal procedures.
In 1938,
Emperor Bao Dai of the Nguyen Dynasty decided to separate Hoang Sa from
Quang Ngai and merge it into Thua Thien Province.
During the
period Vietnam was temporarily divided into north and south, as the
Hoang Sa and Truong Sa archipelagos are located to the south of the 17th
parallel - the provisional demarcation line between the two regions
under the 1954 Geneva Accords, the regime in South Vietnam, as the one
with the legal status in international relations, continued to safeguard
and manage these archipelagos from 1954 to 1975.
The regime in
South Vietnam continually exercised Vietnam’s sovereignty over Hoang
Sa and Truong Sa via State administrative documents as well as actual
activities.
For example, on October 20, 1956, the administration
of the Republic of Vietnam issued a decree renaming southern provinces
and put Truong Sa archipelago under then Phuoc Tuy province. On July 13,
1961, the Republic of Vietnam merged Hoang Sa into Quang Nam province.
On September 6, 1973, Truong Sa was merged into Phuoc Hai Commune of Dat
Do District, Phuoc Tuy Province.
From April 13 to 28, 1975, forces of the People’s Liberation Army of
South Vietnam under the leadership of the Provisional Revolutionary
Government of the Republic of South Vietnam took over the islands
guarded by troops of the Republic of Vietnam and deployed personnel to
defend some other islands and sites in the Truong Sa archipelago.
After the south was completely liberated, on July 2, 1976, at the first
session of the 6th-tenure National Assembly (1976 - 1981), the
legislature decided to rename the country the Socialist Republic of
Vietnam, which has continued to manage and safeguard the country’s
sovereignty over Hoang Sa and Truong Sa.
In 1982, Vietnam
established Hoang Sa and Truong Sa districts, with the former now
subordinate to Da Nang City and the latter to Khanh Hoa Province. Truong
Sa District is comprised of several administrative units, such as
Truong Sa township (consisting of Truong Sa Lon (Big Truong Sa) Island
and its vicinity), Song Tu Tay Commune (consisting of Song Tu Tay Island
and its vicinity), and Sinh Ton Commune (consisting of Sinh Ton Island
and its vicinity).
Truc affirmed that Vietnam has sufficient
historical evidence that has legal value to testify to and safeguard its
sovereignty over Hoang Sa and Truong Sa archipelagos over different
periods in history.
Vietnam’s consistent policy is “very clear”:
persistently and resolutely protecting its territorial integrity,
national sovereignty, rights, and legitimate interests, he said.
The country takes every possible measure to guarantee its territorial
integrity, national sovereignty, rights, and legitimate interests but
still has the responsibility for maintaining regional peace, stability,
and cooperation. In other words, it will settle related issues by
peaceful means, according to Truc.
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