The United States of America
The State Department
Concerning to the Tragic Situation of the Innocent Vietnamese Fishermen
In the East Sea
THE VIETNAMESE AMERICAN COMMUNITY
NORTHERN CALIFORNIA (VAC-NORCAL)
A Petition for the help
of the Innocent Vietnamese Fishermen
May 27, 2010
The Vietnamese American Community of Northern California (VAC-NORCAL)
775 N. 10 St. #116
San Jose, CA 95112
(408) 298-6174 – (408) 242-4056
May 27, 2010
The U.S. State Department
The State Secretary
Hillary Rodham Clinton
2201 C Street NW
Washington, DC 20520
Dear State Secretary:
On behalf of the Vietnamese Community of Northern California and the undersigned people supporting this Petition to the U.S. State Department, I am honored to present to you and the State Department our utmost sincerity and respect.
Dear State Secretary,
As the Vietnamese people fled away from the Communists, leaving their beloved country behind after its fall on April 30, 1975, we have been lucky to settle in this free U.S.A and received full assistance of any kind, material as well as spiritual. This land teaches us further on freedom, democracy and human rights the American citizens are benefiting. And we are having a safe life under an ideal democratic and judicial government safeguarding the fairness and happiness of each individual. However this happy and safe life does not make us forget Viet Nam, our native land that groomed us before we become U.S. citizens. As a matter of fact, the Communist-refugee Vietnamese Community in the U.S.A. always hopes that those Vietnamese people currently in Viet Nam, under the government of the Vietnamese Communist Party soon have enough to eat and wear warmly, and are happy in a real democratic and free society.
Viet Nam never had bona fide democracy, freedom and welfare since April 30, 1975. Adversely, the Vietnamese society is full of corruptions, partialities, without human rights, injustice. It does not have free elections for people’s representatives. The Vietnamese Legislature is not really elected by the people; consequently, the current Vietnamese Government is not the official and legitimate representative of the Vietnamese people.
Dear State Secretary, in this petition, we wish to present and call for your concern about the safety and misfortune of all the fishermen along the Vietnamese coastal area when they go fishing in the East Sea which belongs to Viet Nam. The alarming news concerning the danger the Vietnamese fishermen are facing with happens every day.
The Vietnamese fishermen may encounter death, their fishing boats and gear might be collided to break or shot by the PRC ships to sink. They might leave their lives and properties behind in the open seas. They might be pirated, abducted, kidnapped, held against their will, tortured, and left alone on desert and remote tiny islands, ransomed, resulting in a myriad of misfortunes sustained by their families and relatives impatiently and freakily praying for their returning home after braving the dangerous journeys to earn the family bread.
Please allow me to briefly go over the history of the Vietnamese East Sea:
1. For the past hundreds of years, our ancestors have settled and lived on the Paracel islands. They used to patrol these islands. The islands are registered in the history books and the 1975 Republic of Viet Nam White Pages did confirm the Vietnamese sovereignty with its Armed Forces stationing and protecting the islands (Annex D).
2. During the Viet Nam war, from 1960 to 1973, when the U.S. Navy was present in the East Sea to support the Republic of Viet Nam and its struggle for freedom against the North Vietnamese Communists, but the People’s Republic of China (PRC) never claimed its sovereignty over the East Sea.
3. In 1971 the U.S. nuclear submarine Sculpin patrolled the lengthy East Sea from North to South. It detected and shadowed a trawler departed from South Hainan island, the trawler carried ammunition and weapons for Viet Cong in South Vietnam where it was blown up by the RVN naval forces; however, the PRC did not claim its sovereignty over the East Sea (Annex E).
4. At the San Francisco Conference from August 5th to August 8th, 1951 the PRC and the Taiwanese Administrative were not present because they were not invited; however, the Vietnamese Government delegation led by Prime Minister Tran Van Huu was present as one of the legal signatory and signed in the Treaty in which the Japanese Representative who surrendered and renounced its ownership of the Spratley and Paracel islands and returned them to Viet Nam pursuant to Chapter 2, Article 2, Section f (Annex G). The PRC or the Taiwanese Administrative never rejected the San Francisco Treaty.
5. The July 20th, 1954 Geneva Agreement which temporarily partitions Viet Nam into North and South confirms that the islands South of the 17th parallel belong to the French Union (later known as the Republic of Viet Nam) and the islands North of the 17th parallel belong to the Democratic Republic of Viet Nam (Annex A). The PRC signed to acknowledge this fact without any opposition.
6. On April 23rd, 1965 the U.S. President Lyndon B. Johnson declared the U.S. Armed Forces combat zone that includes the whole territory of Viet Nam inland and about 240 nautical miles from the baseline to the East Sea (Annex B). The PRC never complained this declaration. However, on January 19th, 1974 the PRC suddenly attacked and sank a Vietnamese warship on patrol of the Paracel to protect it and killed 54 crew members (Annex F). On March 14th 1988 the PRC massacred 71 Vietnamese on Garma rocks and occupied these rocks (Annex F).
The People’s Liberation Armed Navy’s (PLAN’s) activities obviously were neither consistent with the international law nor loyal to the international diplomatic treaties that the PRC has signed or participated; especially, not unique during the whole era the US army involved in the Viet Nam war.
Reality proves that the PRC never owned the Paracel islands. Consequently, the issue of the Paracel Islands is not a dispute between the PRC and Viet Nam but in fact the PRC has used its force to invade and so stirred up the instability in the East Sea. The PRC always reinforces and maintains the critical parts of the islands such as on the Woody Island of the Paracel islands. The artificial structures on the existing undersea natural foundations constitute the urgency of the situation: they want their occupation to be permanent and thus the permanent owners of the area. The PRC never have enough reasons to defend their claim of the East Sea except they based on the so-called cow-tongued map that has not ever been recognized by the international communities, but the important fact that they use force to occupy and annex different islands to their existing territory. Can those invasions and killings by the PRC justify that this country is peaceful, friendly and deserved to be a permanent member of the United Nations?
Dear State Secretary, the Vietnamese Community of Northern California is heartbroken seeing innocent Vietnamese fishermen’s fishing boats hit and sunk by China. They were killed year in and year out when the Chinese unilaterally ordered East Sea a non-fishing zone during the calm season of the sea very appropriate for fishing, a pattern practiced by the Vietnamese fishermen’s ancestors. When that cruel and ridiculous order comes to a halt the tempestuous season is around the corner: the Vietnamese fishermen end up empty-handed. Their lives are really miserable (Annex C).
Dear State Secretary, the Vietnamese Community of Northern California respectfully presents to you this Petition, as a Vietnamese communist refugee community currently living in the U.S.A., we believe that our voice is the opportunity to represent the Vietnamese currently living in the grip of the communist regime. Based on the crucial outcomes generated by the PLAN and the number of Vietnamese fishermen killed in the East Sea, we believe that the PRC has gone too far and caused hardship to the Vietnamese fishermen.
Dear State Secretary, the following is the content included in our Petition, may we have your consideration:
1. The Vietnamese Community of Northern California earnestly asks the State Department if there are ways to help the Vietnamese fishermen or their relatives’ families for their endured.
2. The Vietnamese Community of Northern California believes that the situation in the East Sea is so urgent that we strongly protest the PLAN’s military activities in the East Sea that caused uncountable deaths, injuries and in-compensable losses to the innocent Vietnamese fishermen.
3. The Vietnamese Community of Northern California honestly asks the State Department to pay special attention and concern to the urgent situation in the East Sea.
I have the honor to present to you and the State Department this Petition on this date of May 25th 2010, and also please accept my profound appreciation. I am looking forward to hearing from you soon.
May God bless you anytime, anywhere and with great success when you are on the way working for our beloved country.
Tien N. Nguyen
Chairman of the VAC-NORCAL’s Representatives Committee
VAC-NORCAL’s Representatives Committee:
Nhan H. Nguyen, San Jose, CA <firstname.lastname@example.org>;
Van Le, San Jose, CA <email@example.com>; or <firstname.lastname@example.org>;
Christine Do, Milpitas, CA <email@example.com>;
Thai Hao, San Jose, CA <firstname.lastname@example.org>;
Mai Tran, San Jose, CA <email@example.com>;
Nghiep Phan, San Jose, CA <firstname.lastname@example.org>;
Mong Hung Nguyen, San Jose, CA <email@example.com>;
Nghiem Nguyen, San Jose, CA <firstname.lastname@example.org>;
Sông Hồng Data Analyst of the East Sea Study and Research
PO Box 391063
Mountain View, CA 94039,
email@example.com, iPhone (408) 940-7646
On this day 23rd April in 1965, President Johnson signed an Executive Order designating Vietnam and waters adjacent thereto as a combat zone for the purposes of section 112 of the Internal Revenue Code of 1954.
"Pursuant to the authority vested in me by section 112 of the Internal Revenue Code of 1954, I hereby designate, for the purposes of that section, as an area in which Armed Forces of the United States are and have been engaged in combat: Vietnam, including the waters adjacent thereto within the following-described limits: From a point on the East Coast of Vietnam at the juncture of Vietnam with China southeastward to 21° N Lat., 108° 15' E Long.; thence southward to 18° N Lat., 108° 15' E Long.; thence southeastward to 17° 30' N Lat., 111° E Long.; thence southward to 11° N Lat., 111° E Long.; thence southwestward to 7° N Lat., 105° E Long.; thence westward to 7° N Lat., 103° E Long.; thence northward to 9° 30' N Lat., 103° E Long.; thence northeastward to 10° 15' N Lat., 104° 27' E Long.; thence northward to a point on the West Coast of Vietnam at the juncture of Vietnam with Cambodia.
The date of the commencing of combatant activities in such area is hereby designated as January 1, 1964." http://www.lbj100.org/otd/april/
Map of combat zone of the US army in Vietnam War as declared by President Lyndon B. Johnson 04 23, 1965
Geneva Accord July 20, 1954
CHAPTER I-PROVISIONAL MILITARY DEMARCATION LINE AND DEMILITARIZED ZONE
A provisional military demarcation line shall be fixed, on either side of which the forces of the two parties shall be regrouped after their withdrawal, the forces of the People's Army of Viet-Nam to the north of the line and the forces of the French Union to the south.
The provisional military demarcation line is fixed as shown on the map attached (omitted).
The provisional military demarcation line between the two final regrouping zones is extended into the territorial waters by a line perpendicular to the general line of the coast.
All coastal islands north of this boundary shall be evacuated by the armed forces of the French union, and all islands south of it shall he evacuated by the forces of the People's Army of Viet-Nam.
Modern History Sourcebook:
The Final Declaration of The Geneva Conference:
On Restoring Peace in Indochina, July 21, 1954
Final declaration, dated July 21, 1954, of the Geneva Conference on the problem of restoring peace in Indochina, in which the representatives of Cambodia, the Democratic Republic of Viet-Nam, France, Laos, the People's Republic of China, the State of Viet-Nam, the Union of Soviet Socialist Republics, the United Kingdom and the United States of America took part.
Xem toàn bộ Hội Nghị Geneva
The Fishery Ban and the Military Activities of the PRC under the cover of the Fishery Patrols in the East sea.
1. On May 6, 2010 the PRC delared the Fishery Ban in the East Sea from May 16, 2010 to August 1, 2010 in the East Sea.
- January 2005 PLAN shot 9 and wounded many fishermen in Thanh Hoa sea.
- In 2007 PLAN shot and killed more 9 fishermen in the Quang Ngai Sea while the PRC declared tha Fishery Ban.
- May 19, 2009 Xinhua News Agency said Fishery Politics 44183 for the first time patrols the Paracel archipelago after coming to Tam A port on May 17, 2009. Another Fishery Politics 44061 came from Tram Giang city will come to Tay Sa on May 19, 2009 to start patrolling and protecting the sovereignty.
- May 23, 2009 a fishing boat of Binh Chanh, Binh Son, Quang Ngai was sunk after being hit by “foreign ships” last week at 10°54 N Latitude, 111° E Longitude, exact time is 3:00 am on May 19, 2009. 26 fishermen were thrown into water and they had to use plastic empty cans to survive. The foreign ship did not stop to save the fishermen. These 26 fishermen were saved by a nearby squid angling boat.
- May 26, 2009 11:30 May 24, 2009 China News Service said the PLAN patrolling ship the Fishery Politics 44183 arrested 9 Vietnamese fishermen.
- May 30, 2009 The family of the fishing boat having two fishermen killed after their boat was hit by a “foreign ship” discovered their bodies of Truong Minh Tri (45), Nguyen Van Tam (39) living at Ho Phong city, Gia Rai district, Bac Lieu Province. About 19:00 May 26, 2009 fishing boat BL 3221TS, captain Vo Ba Loi (36, Ho Phong city) were angling at 8°27’N Latitude, 105°17’E Longitude was hit to break in halves and sunk by a “foreign ship”. A nearby fishing boat CM 8054 saved 12; another fishing boat saved one, the other two victims members were missing.
2. The crime scene happened, as the co-ordinates indicated, in the RVN internal waters and about 18 nautical miles off the RVN seashore. Illegally, the People’s Liberation Army Navy (PLAN) has violated the sovereignty of the RVN in its internal sea pursuant to the UNCLOS 1982 Part II, Section 1, Article 2(1, 2) which reads:
“1. The sovereignty of a coastal State extends, beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the territorial sea.”
2. June 08, 2009
Quynh Di village, Quynh Luu district, Nghe An province: 9:00 am June 03, 2009 a fishing boat with 9 members of the local residents were hit and attacked by two “foreign ships” with bottles, rocks. The fishing boat ran for its life but was pursued and hit to sink by the foreign ships. On seeing the fishing boat was hit and sunk, the foreign ships left the scene.
July 1, 2009
Video from www.sina.com, Fishery Politics 44183 fired at a Vietnamese fishing boat in Tonkin Gulf where according to the SINA news is the common fishing area.
List of the two innocent Vietnamese Fishermen killed by PLAN May, 2009
The family of the fishing boat having two fishermen killed after their boat was hit by a “foreign ship” discovered their bodies of Truong Minh Tri (45), Nguyen Van Tam (39) living at Ho Phong city, Gia Rai district, Bac Lieu Province.
In 2007 PLAN shot and killed more 9 fishermen in the Quang Ngai Sea while the PRC declared tha Fishery Ban.
List of the innocent Vietnamese fishermen killed in January 2005
1) Nguyễn Văn Tùng, 37 tuổi, xã Hoằng Trường, huyện Hoằng Hóa, Thanh Hóa
2) Lê Văn Tuyên, 37 tuổi, thuyền trưởng, xã Hoằng Trường, huyện Hoằng Hóa, Thanh Hóa
3) Nguyễn Xuân Trọng, 27 tuổi, xã Hoằng Trường, huyện Hoằng Hóa, Thanh Hóa
4) Nguyễn Hữu Biên, 27 tuổi, xã Hoằng Trường, huyện Hoằng Hóa, Thanh Hóa
5) Đinh Văn Đông, 20 tuổi, xã Hòa Lộc, huyện Hậu Lộc, Thanh Hóa
6) Nguyễn Văn Trung, 20 tuổi, xã Hòa Lộc, Hậu Lộc, Thanh Hóa
7) Trần Nghiệp Hùng, 39 tuổi, xã Hòa Lộc, Hậu Lộc, Thanh Hóa
8) Phan Văn Dũng, 24 tuổi, chưa xác định được xã, huyện, chỉ biết là người Thanh Hóa
9) Nguyễn Văn Tâm, 27 tuổi, xã Hòa Lộc, Hậu Lộc, Thanh Hóa
Source Naval History Feb. 2008 – Naval Institute Press
The Battle of the Paracel Islands January 19, 1974. CIA’s documents
The Battle of the Spratlys Islands March 14, 1988. CIA’s documents
TREATY OF PEACE WITH JAPAN
WHEREAS the Allied Powers and Japan are resolved that henceforth their relations shall be those of nations which, as sovereign equals, cooperate in friendly association to promote their common welfare and to maintain international peace and security, and are therefore desirous of concluding a Treaty of Peace which will settle questions still outstanding as a result of the existence of a state of war between them;
WHEREAS Japan for its part declares its intention to apply for membership in the United Nations and in all circumstances to conform to the principles of the Charter of the United Nations; to strive to realize the objectives of the Universal Declaration of Human Rights; to seek to create within Japan conditions of stability and well-being as defined in Articles 55 and 56 of the Charter of the United Nations and already initiated by post-surrender Japanese legislation; and in public and private trade and commerce to conform to internationally accepted fair practices;
WHEREAS the Allied Powers welcome the intentions of Japan set out in the foregoing paragraph;
THE ALLIED POWERS AND JAPAN have therefore determined to conclude the present Treaty of Peace, and have accordingly appointed the undersigned Plenipotentiaries, who, after presentation of their full powers, found in good and due form, have agreed on the following provisions:
(a) The state of war between Japan and each of the Allied Powers is terminated as from the date on which the present Treaty comes into force between Japan and the Allied Power concerned as provided for in Article 23.
(b) The Allied Powers recognize the full sovereignty of the Japanese people over Japan and its territorial waters.
(a) Japan recognizing the independence of Korea, renounces all right, title and claim to Korea, including the islands of Quelpart, Port Hamilton and Dagelet.
(b) Japan renounces all right, title and claim to Formosa and the Pescadores.
(c) Japan renounces all right, title and claim to the Kurile Islands, and to that portion of Sakhalin and the islands adjacent to it over which Japan acquired sovereignty as a consequence of the Treaty of Portsmouth of 5 September 1905.
(d) Japan renounces all right, title and claim in connection with the League of Nations Mandate System, and accepts the action of the United Nations Security Council of 2 April 1947, extending the trusteeship system to the Pacific Islands formerly under mandate to Japan.
(e) Japan renounces all claim to any right or title to or interest in connection with any part of the Antarctic area, whether deriving from the activities of Japanese nationals or otherwise.
(f) Japan renounces all right, title and claim to the Spratly Islands and to the Paracel Islands.
For Saudi Arabia:
Feridun C. ERKIN
For the Union of South Africa:
For the United Kingdom of
Great Britain and Northern Ireland:
For the United States of America:
John Foster DULLES
John J. SPARKMAN
José A. MORA
Antonio M. ARAUJO
R. GALLEGOS M.
White Paper on the Hoang Sa (Paracel) and Truong Sa (Spratly) Islands
Republic of Vietnam
Ministry of Foreign Affairs
The Vietnamese archipelagoes of Hoang Sa (Paracel) and Truong Sa (Spratly) are both situated in the South China Sea off the Republic of Vietnam's shore. Their very modest size by no means lesser the importance given them by the Vietnamese: to Vietnamese hearts, these remote insular territories are as dear as could be any other part of the fatherland. The Hoang Sa Islands to the North were occupied by force of arms by the People's Republic of China on January 20, 1974, following a brazen act of invasion which left the world extremely indignant. As for the Truong Sa Islands 500 km to the South, two other foreign powers are illegally stationing troops on four of the main islands in the archipelago.
The Government of the Republic of Vietnam and the Vietnamese people, determined to defend their sovereignty and the territorial integrity of the country, solemnly denounce the occupation of these Vietnamese territories by foreign troops. Regarding the Hoang Sa (Paracel) Islands, not only was the gross violation of Vietnamese sovereignty by the People's Republic of China a defiance of the law of nations and the Charter of the United Nations: in-as-much as this involved the use of force by a world power against a small country in Asia, it also constitutes a threat to peace and stability in South East Asia In the case of the Truong Sa (Spratly) Islands, although foreign occupation was not preceded by bloodshed, it nevertheless represents a grave violation of the territorial integrity of the Republic of Vietnam. The rights of the Vietnamese people over those islands have been as firmly established there as on the Hoang Sa archipelago.
The Republic of Vietnam fulfils all the conditions required by international law to assert its claim to possession of these islands. Throughout the course of history, the Vietnamese had already accomplished the gradual consolidation of their rights on the Hoang Sa Islands. By the early 19th century, a systematic policy of effective occupation was implemented by Vietnamese emperors The Truong Sa Islands, known to and exploited by Vietnamese fishermen and laborers for many centuries, were formally incorporated into Vietnamese territory by France on behalf of Vietnam. On both archipelagoes, Vietnamese civil servants assured a peaceful and effective exercise of Vietnamese jurisdiction. The continuous display of state authority was coupled with the constant Vietnamese will to remain the owner of a legitimate title over those islands. Thus military defense of the archipelagoes and diplomatic activities were put forth in the face of false claims from other countries in the area. Vietnamese rights being indisputable, the People's Republic of China chose to resort to military force in order to assert her sudden claims to the Hoang Sa (Paracel) Islands. Two other foreign powers took advantage of the war situation in Vietnam to militarily occupy some of the Truong Sa (Spratly) Islands over which they have no legal rights. Since both the Hoang Sa and Truong Sa Archipelagoes are situated below the 17th parallel, this is primarily a matter of concern for the Republic of Vietnam.
This White Paper is designed to demonstrate the validity of the claims made by the Republic of Vietnam. It is also an appeal for justice to the conscience of all law-abiding and peace-loving nations in the world.
Proclamation by the Government of the Republic of Vietnam (1974)
The noblest and most imperative task of a Government is to defend the sovereignty, independence and territorial integrity of the Nation. The Government of the Republic of Vietnam is determined to carry out this task, regardless of difficulties it may encounter and regardless of unfounded objections wherever they may come from.
In the face of the illegal military occupation by Communist China of the Paracels Archipelago which is an integral part of the Republic of Vietnam, the Government of the Republic of Vietnam deems it necessary to solemnly declare before world opinion, to friends and foes alike, that :
The Hoang Sa (Paracel) and Truong Sa (Spratly) archipelagoes are an indivisible part of the territory of the Republic of Vietnam. The Government and People of the Republic of Vietnam shall not yield to force and renounce all or part of their sovereignty over those archipelagoes.
As long as one single island of that part of the territory of the Republic of Vietnam is forcibly occupied by another country, the Government and People of the Republic will continue their struggle to recover their legitimate rights.
The illegal occupant will have to bear all responsibility for any tension arising wherefrom (therefrom).
On this occasion, the Government of the Republic of Vietnam also solemnly reaffirms the sovereignty of the Republic of Vietnam over the islands off the shores of Central and South Vietnam, which have been consistently accepted as a part of the territory of the Republic of Vietnam on the basis of undeniable geographic, historical and legal evidence and on account of realities.
The Government of the Republic of Vietnam is determined to defend the sovereignty of the Nation over those islands by all and every means.
In keeping with its traditionally peaceful policy, the Government of the Republic of Vietnam is disposed to solve, through negotiations, international disputes which may arise over those islands, but this does not mean that it shall renounce its sovereignty over any part of its national territory.
(Proclamation by the Government of the Republic of Vietnam dated February 14, 1974)
The Early Historical Rights of Vietnam
The Vietnamese have had knowledge of the Hoang Sa Islands long before the arrival to the South China Sea of Westerners who publicized internationally the name of "Paracels" for this part of their territory. It has been scientifically determined that the Vietnamese presence on this archipelago started in the 15th century. The systematic exploitation of the islands' resources started early and gradually developed Vietnamese interest in these territories, leading in the 18th century to official state decision such as the formation of the Hoang Sa Company to ensure a rational exploitation of those islands. As evidenced by reliable Vietnamese and foreign sources, Vietnam progressively asserted her rights and the Hoang Sa archipelago was formally taken possession of the Vietnamese authorities in the year 1816.
The Hoang Sa Archipelago is a string of islets off the Vietnamese coast between 111 and 113 degrees longitude East of Greenwich, and between 15045' and 17015' North latitude. The nearest island in the archipelago is roughly at equal distance from the coast of Vietnam and the southern shore of Hainan Island in China. Using Pattle Island (dao Hoang Sa), the largest of the group, as a point of reference, the distances are as follows:
Pattle to the Vietnamese harbor of Danang: 200 nautical miles. (Pattle to the closest shore of Cu Lao Re' Vietnam: 123 nautical miles).
Pattle to the closest shore on Hainan (Island): 150 nautical miles.
Pattle to the closest shore in the Philippines: 450 nautical miles.
Pattle to the closest shore in Taiwan: 620 nautical miles.
The Hoang Sa Islands are divided into two groups: to the East lies the Tuyen Duc (or Amphitrite) Group and to the West lies the Nguyet Thiem (or Crescent) Group. The main islands are:
Tuyen Duc Group:
Dao Bac-North Island
Dao Trung - Middle Island
Dao Nam - South Island
Phu Lam-Wooded Island (French: Ile Boisee)
Hon Da - Rocky Island
Dao Linh Con -Lincoln Island
Dao Cu Moc-Tree Island
Con Nam - South Bank
Nguyet Thiem Group:
Please read the whole document at: