Lịch Sử Của Việt Nam

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Hoàng Sa & Trường Sa Và Chủ Quyền Dân Tộc

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Nguyễn Văn Canh

PHẦN II: CHỦ QUYỀN DÂN TỘC.

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

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PHẦN III: PHỤ CHƯƠNG VÀ PHỤ LỤC

I. PHỤ CHƯƠNG

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

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Delimitation and Fishery Cooperation in the Tonkin Gulf
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Part II. Common Fishery Zone

Article 3
1. Both Contracting Parties have agreed to establish tbe Common Fishery Zone in the respective areas of 30.5 nautical miles of the exclusive economic zones of the two countries from the demarcation line determined in the Delimitation Agreement on the Tonkin Gulf, north to the closing line of the Tonkin Gulf, and south of 20° N.

2. The actual extent of the Common Fishery Zone is the water area encircled by straight lines connecting in order the following points:

(1) 17° 23’38”N., 107° 34’43”E.
(2) 18° 09’20”N., 108” 20’18”E.
(3) 18° 44’25”N., 107° 41’51”E.
(4) 19° 08’09”N., 108° 41’51”E.
(5) 19° 43’00”N., 108° 20’30”E.
(6) 20° 00’00”N., 108° 42’32”E.
(7) 20° 00’00”N., 107° 57’42”E.
(8) 19” 52’34”N.. 107° 57’42”E.
(9) 19° 52’34”N., 107° 29’00”E.
(10) 20° 00’00”N., 107° 29’00”E.
(ll) 20o00’00”N., 107° 07’41”E.
(12) 19° 33’07”N., 106° 37’17”E.
(13) 18° 40’00”N., 106o 37’17”E.
(14) 18° 18’58”N., 106° 53’08”E.
(15) 18° 00’00”N., 107o 01’55”E.
(16) 17° 23’38”N., 107° 34’43”E.

Article 4

Both Contracting Parties shall undertake long-term fishery co-operation in the Common Fishery Zone in the spirit of mutual benefits.

Article 5

Both Contracting Parties shall jointly make measures in relation to preservation, management and sustainable utilization of the living resources in the Common Fishery Zone in accordance with the natural conditions, characteristics of the living resources, the need of sustainable development and environmental protection, and tbe impact on the respective fishery activities of tbe two parties.

Article 6

The Contracting Parties shall respect the principle of equality and mutual benefit and shall determine annually the quantity of operating fishing vessels for each party in the Common Fishery Zone through the Sino-Vietnamese Joint Committee for Fishery in the Tonkin Gulf established pursuant to

Article 13 of this Agreement, based on the allowable catch determined on the basis of the results from joint regular surveys on fishery resources and the impact on respective fishing activities of both parties, and the need of sustainable development.

Article 7

1. Both Contracting Parties shall carry out the licensing system for fishing activities conducted by their own fishing vessels in the Common Fishery Zone. Fishing permits shall be issued in accordance with the quantity of fishing vessels in the current year determined by tbe Sino-Vietnamese Joint Committee for Fishery in the Tonkin Gulf, and the names of the fishing vessels granted permits shall be notified to the other party.

Both Contracting Parties shall be obliged to educate and train their fishermen who conduct fishing activities in the Common Fishery Zone.

2. Fishing vessels which intend to enter the Common Fishery Zone for fishing activities shall apply for the permit from the competent authorities of their own countries and may enter the Common Fishery Zone for fishing activities only after they have obtained the permit. The fishing vessels of the Contracting Parties for fishing activities in the Common Fishery Zone shall mark themselves in accordance with the regulations set forth by the Sino-Vietnamese Joint Committee for Fishery in the Tonkin Gulf.

Article 8

Nationals and fishing vessels of both parties for fishing activities in the Common Fishery Zone shall comply with the regulations on preservation and management of fishery Delimitation and Fishery Cooperation in the Tonkin Gulf 37 resources laid down by the Sino-Vietnamese Joint Committee for Fishery in the Tonkin Gulf, and shall write the fishing log correctly in accordance with the requirements by tbe Sino-Vietnamese Joint Committee for Fishery in tbe Tonkin Gulf and submit it to the competent autborities of their own countries within the prescribed time.

Article 9

1. The competent authorities of the Contracting Parties shall monitor and inspect tbe nationals and fishing vessels of both parties in their own water areas of the Common Fishery Zone in accordance with the regulations laid down by the Sino-Vietnamese Joint Committee for Fishery in the Tonkin Gulf based on the characteristics of the Common Fishery Zone and in line with the domestic laws of both parties on preservation and management of fishery resources.

2. The competent authorities of one Contracting Party, having found any breach of the regulations laid down by the Sino-Vietnamese Joint Committee for Fishery in the Tonkin Gulf by nationals or fishing vessels of the other Contracting Party in the Tonkin Gulf in its own water area of the Common Fishery Zone, shall have the right to deal with such breach in accordance with the regulations laid down by tbe Sino-Vietnamese Joint Committee for Fishery In the Tonkin Gulf, and shall notify the other party promptly of the relevant circumstances and the handling result through the consultation mechanism established by the Sino-Vietnamese Joint Committee for Fishery in the Tonkin Gulf. The detained fishing vessels or crew shall be released promptly after the appropriate bond or other kind of security has been posted.

3. The competent authorities of both parties, if necessary, may coordinate to conduct joint monitoring and inspection and to handle any breach of the regulations laid down by the Sino-Vietnamese Joint Committee for Fishery in the Tonkin Gulf concerning preservation and management of fishery resources.

4. Each Contracting Party shall, in accordance with its domestic law, have the right to impose punishment on fishing vessels which enter its own water area in the Common Fishery Zone without a permit, or with a permit but conduct illegal activities other than fishing activities in the Common Fishery Zone.

5. Each Contracting Party shall provide facilities for the permitted fishing vessels of the other Contracting Party in the Common Fishery Zone. The competent authorities of each Contracting Parly shall not abuse its power, or bamper normal fishing activities conducted by the permitted nationals and fishing vessels of the other party in the Common Fishery Zone. Each Contracting Party, having found that the competent authorities of the other Contracting Party has conducted law enforcement in contravention against the common management measures adopted by the Sino-Vietnamese Joint Committee for Fishery in the Tonkin Gulf, shall have the right to request this authorities to render explanations, and to submit, if necessary, the matter to tbe Sino-Vietnamese Joint Committee for Fishery in the Tonkin Gulf for discussion and settlement.

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