What Does ASEAN’s Evolving Approach to the South China Sea Issue Mean for Vietnam? - The Diplomat, 1 November 2019

In this week's column for The Diplomat, I write on the ASEAN Summit and what does it mean for Vietnam in terms of the South China Sea issue. Though the regional grouping continues to have difficulties on the issue, it nonetheless remains important to Hanoi’s calculations.

While a range of issues will be in discussion during this weekend’s summit of the Association of Southeast Asian Nations (ASEAN), the South China Sea will be among them. And for Vietnam in particular, how ASEAN manages the issue will be important for its own calculations and options in dealing with the South China Sea.

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ASEAN’s ability to speak in one common voice on important issues such as sovereignty and territorial issues has been under scrutiny in recent years, with the organization working on the basis of consensus and having to accommodate views of countries like Cambodia. The South China Sea issue is no exception to this. While Chinese behavior in the South China Sea has been concerning, there are worries that ASEAN will eventually settle for a code of conduct that will avoid maritime incidents. There are broader realities too: the economic dependency on China for many of the Southeast Asian countries is a reality that these countries cannot afford to ignore.

But the situation in the South China Sea will not wait for these realities to play out. Indeed, the South China Sea has been witnessing increasing tensions in the last year. Vietnam, Malaysia and the Philippines have all been pushing back against China, albeit to varying degrees and through different pathways. In June this year, a Filipino fishing boat was sunk by a Chinese ship in Bai Co Rong (Recto Bank). Earlier, Malaysia’s oil rig operation near Luconia Shoals off the coast of the Sarawak State was stopped by a Chinese Coast Guard vessel.

But Vietnam has been particularly affected by Chinese activities in the South China Sea, and Hanoi’s pushback has correspondingly been the strongest among the ASEAN claimant states. Since July this year, China has sent one survey vessel and at least four Chinese maritime vessels into Vietnam’s exclusive economic zone and continental shelf in the south of the East Sea (as Vietnam calls it). Vietnam responded with its own deployment of its Coast Guard vessels. Vietnam has called for greater support for its position but the response from all the big powers in the region and beyond has been fairly low-key. In a further assertion of its claims, China reportedly organized the seventh Sinan Cup Regatta in Duy Mong island, part of the Paracel (Hoang Sa) archipelago.

Vietnam has appeared to be pursuing multiple tracks to address the issues confronting its sovereignty. In the absence of concrete support to Vietnam from within the region and beyond, Vietnam is pursuing diplomatic tracks along with tough posturing. Last week, the Vietnamese Prime Minister Nguyen Xuan Phuc told the National Assembly (NA) that “What happened in the East Sea recently was getting very complicated, including serious violations in Vietnam’s sea recognized by international law… We will keep fighting in means in line with international law.” The Vietnamese Foreign Ministry also reiterated last week “that the Vanguard Bank lies completely within Vietnam’s Exclusive Economic Zone (EEZ) and continental shelf, as delineated from the Vietnamese shore in accordance with the United Conventions on the Law of the Seas (UNCLOS) 1982, and that the Vanguard Bank is not a disputed area or with overlapping claims.”

Vietnam has also tried the regional route to address its concerns. In late July, Vietnamese Deputy Prime Minister and Minister of Foreign Affairs Pham Binh Minh took China’s latest survey vessel deployment issue to ASEAN, saying that the “Chinese geological survey vessel group Haiyang Dizhi 8’s activities [are] violating Vietnam’s exclusive economic zone and continental shelf in the waters…” and “seriously threaten legitimate rights of coastal countries, erode trust, and worsen tensions, thus hurting peace and stability in the region.” The response, however, was one of general reiteration of the need “to uphold and comply with international laws, including the UNCLOS 1982, the Declaration on the Conduct of Parties in the East Sea (DOC), toward perfecting an effective COC.”

Given their big focus on trade and investment, it is unlikely that the ASEAN will call out Chinese behavior that directly. And China will have no objections as long as the statements are neutral, calling on all parties to “building trust as well as ensuring peace, stability, safety and freedom of navigation and aviation in the waters.”

But for Vietnam, despite these limitations, the position ASEAN takes on issues like the South China Sea is nonetheless critical. Diplomacy continues to be among the paths Vietnam adopts to manage the South China Sea issue. And with Vietnam taking up the chairmanship of ASEAN next year, Hanoi itself will have to endeavor to find a balance between the economic and strategic interests of the ASEAN and its own disputes with China, alongside other challenges including doubts about the extent and shape of U.S. engagement under U.S. President Donald Trump.

Vietnam Confronts China, Alone - The Diplomat, 26 September 2019

In this week's column for the Diplomat, Vietnam Confronts China, Alone, I looked at the slow boiling stand-off in the South China Sea that has not received sufficient attention.

Vietnam and China are engaged in a slow boiling stand-off in the South China Sea that has not received sufficient attention. China has reportedly sent one survey vessel and at least four Chinese maritime vessels; Vietnam has responded by deploying its Coast Guard vessels.

According to Vietnamese news reports citing its Ministry of Foreign Affairs, the stand-off is taking place in Vietnam’s exclusive economic zone and continental shelf in the south of the East Sea (as Vietnam calls it) since July this year. The exclusive economic zones have been drawn in accordance with the 1982 United Nations Convention on the Law of the Sea (UNCLOS), which both Vietnam and China are party to. Vietnam is finding itself in a tough spot, without very much support beyond words, as it faces a determined China.

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The most recent troubles began in mid-July, when the Vietnamese Foreign Ministry spokesperson Lê Thị Thu Hằng claimed that the “Chinese geological survey vessel group Haiyang Dizhi 8 recently violated Việt Nam’s exclusive economic zone and continental shelf in the south of the East Sea.” Vietnam asserts that it has repeatedly reached out to China “to protest the violations.”

In addition, Vietnam has asked all the major powers to make efforts at bringing peace and order back in the region by saying “maintaining order, peace and security in the East Sea is a common interest of countries both inside and outside the region. Việt Nam wants concerned countries and the international community to protect and maintain this joint interest.” Toward the end of July, the Vietnamese Foreign Ministry spokesperson reaffirmed its stand asking that “China immediately withdraw all of its vessels from Việt Nam’s waters and… respect Việt Nam’s sovereign right and jurisdiction, for the sake of the relations between the two countries and for regional stability and peace.” Vietnam asserts that it has repeatedly reached out to China through several different channels.

Taking the issue to the ASEAN in late-July, the Vietnamese Deputy Prime Minister and Minister of Foreign Affairs Pham Bình Minh “expressed his grave concern over the recent developments in the East Sea, with Chinese geological survey vessel group Haiyang Dizhi 8’s activities violating Việt Nam’s exclusive economic zone and continental shelf in the waters.” He added that such activities “seriously threaten legitimate rights of coastal countries, erode trust, and worsen tensions, thus hurting peace and stability in the region.”

Noteworthy too is that this time around, China has followed a different deployment pattern. The author has learnt from Vietnamese analysts that unlike in the past, when Chinese vessels stayed for a couple of months in the same area, this time China deployed its survey ships for a few weeks before withdrawing, only to come back again into the same Vietnamese exclusive economic zone areas later. In the beginning of August, the Vietnamese Ministry of Foreign Affairs spokesperson announced that “the Haiyang Di Zhi 08 (Marine Geology 8) survey vessel has halted its geological mission and left Việt Nam’s Exclusive Economic Zone and southeastern continental shelf.” A few days later, however, the Vietnamese Ministry of Foreign Affairs spokesperson stated that “the Chinese vessel group and a number of escort ships came back to Việt Nam’s territorial waters.” Vietnam once again appealed to the international community to respond to the situation in order to maintain regional peace and stability. Meanwhile, China has also reportedly begun fresh military exercises near Hoàng Sa (Paracel) Islands.

Despite the continuing protests by Vietnam, the stand-off has continued, and is now in its third month. A few days ago, Nguyễn Mạnh Đông, head of the maritime affairs department at the Ministry of Foreign Affairs’ National Border Committee, in a detailed interview to the Vietnam News Agency, maintained that “Disputes are inevitable in interpretation and application of the [UNCLOS] Convention, but all countries have the obligation to settle these disputes in a peaceful manner via measures stipulated in Article 33 of the UN Charter and Article 279 of UNCLOS.”

China has become much more aggressive in the region in the last couple of years. A month before the current stand-off with Vietnam began, a Chinese ship sank a Philippines fishing boat in Bai Co Rong (Recto Bank). Earlier in May 2019, a China Coast Guard vessel, Haijing 35111, reportedly prevented Malaysia’s oil rig operation near Luconia Shoals off the coast of the Sarawak State. In another move to assert its claims, China organized the seventh Sinan Cup Regatta in Duy Mộng island, part of the Hoàng Sa archipelago.

Meanwhile, Vietnam has reached out to India, the United States, Russia, Australia and other Indo-Pacific countries. But the regional and global reactions to these developments have been muted. Malaysia in its new foreign policy document has said, “the South China Sea should be a sea of cooperation, connectivity and community-building and not confrontation or conflict. This is in line with the spirit of Zone of Peace, Freedom and Neutrality (ZOPFAN). Malaysia will actively promote this vision in Asean.” Further, a joint statement issued on August 27 between Vietnam and Malaysia “emphasized the importance of self-restraint, non-militarization and observance of international legal obligations in good faith, respect for sovereignty, sovereign rights and jurisdiction of the coastal states, and rule of law in accordance with the 1982 UNCLOS and avoidance of activities that may escalate tensions.”

Extraregional powers have also made similar statements but not much beyond. Testifying in front of the U.S. Senate Foreign Relations Committee, David Stilwell, Assistant Secretary of State for the Bureau of East Asian and Pacific Affairs said, “through repeated illegal actions and militarization of disputed features, Beijing has and continues to take action to prevent ASEAN members from accessing over $2.5 trillion in recoverable energy reserves.”

Other powers have stopped with reiterations of the importance of freedom of navigation, such as the India-France joint statement during Prime Minister Modi’s recent visit to France. The recently-held conference on Indian Ocean in the Maldives on September 3-4, where the prime minister of Sri Lanka and foreign ministers of Singapore, Maldives were present, also stressed the freedom of navigation but again there was no mention of South China Sea.

Japan has been slightly firmer, with the foreign minister saying that “South China Sea is an important sea lines of communications for Japan and many other countries. It is directly related to the stability and the peace of the region, and the international community, including Japan, pay serious attention to the situation in South China Sea. Japan opposes to any actions by anybody to increase the tension in South China Sea.” Similarly, India has emphasized that it “has an abiding interest in the peace and stability in the region. India firmly stands for the freedom of navigation and over-flight, and unimpeded lawful commerce, in the international waters, in accordance with international laws, notably UNCLOS.”

It appears unlikely that Vietnam will be able to get any stronger support from its partners in the region and outside. It is also unlikely that Vietnam will be able to resist China on its own. Beijing appears to have correctly calculated that it does not have to fear any serious, united opposition.