Deputy Foreign Minister Pham Quang Vinh emphasised this at a recent interview with reporters on the result of the ASEAN-China Senior Officials’ Meeting in Hanoi on June 24 and 25.

Below is an excerpt from the interview with Deputy FM Vinh:

Why is it necessary to create a Code of Conduct in the East Sea?

As we know, the East Sea is an important strategic geographic, security and economic area with key international sea routes connecting the region to the world. However, there are complex disputes over territorial sovereignty. Therefore, a COC is needed in order to prevent the acceleration of disputes and ensure peace, stability, security, marine safety and freedom in the East Sea.

In 2002, the Association of Southeast Asian Nations (ASEAN) and China signed a Declaration on the Conduct of Parties in the East Sea (DOC). It reflects concerned parties’ commitments to maintain peace, security, and marine safety; build mutual trust in the East Sea; and creates a framework for regulating the conduct of parties with respect for international laws and the 1982 UN Convention on the Law of the Sea (UNCLOS).

However, the situation in the East Sea has remained complicated, threatening peace, security and stability in the region. Therefore, an effective code of conduct in the East Sea is required to resolve these issues.

ASEAN countries play a key role in regional peace, security and stability so their leaders decided to hold internal consultations regarding the code of conduct and lay a foundation for negotiations with China.

The ASEAN Senior Officials’ Meeting (ASEAN SOM) asked its working group to prepare documents expressing ASEAN’s stance on the major principles of the COC.

After seven meetings, the working group completed the document during its final meeting in Hanoi on June 24 and 25 and has submitted the results to ASEAN foreign ministers.

As a coordinating country, Vietnam made significant contributions to the consultation, which were appreciated by other ASEAN nations.

What has ASEAN done to make the COC an effective tool for maintaining peace, security and stability in the East Sea?

ASEAN said it expects the basic principles of the COC will greatly facilitate stability in the East Sea.

The COC should be based on the DOC and be at a higher level and it should include the following components:

First, it should regulate compliance with international laws, the UN Charter, UNCLOS, the Treaty of Amity and Cooperation in Southeast Asia (TAC), and the DOC.

Second, the COC is aimed at creating a framework based on the rules of law to change the conduct of concerned parties in accordance with the above mentioned principles.

It should also regulate the responsibilities and conduct of parties in the East Sea regarding maintaining peace, stability, marine security and  safety, as well as promoting cooperation in building mutual trust, preventing disputes, and peacefully settling disputes in accordance with international laws and the UNCLOS. Respect for other nations’ exclusive economic zones and continental shelves, as regulated in the UNCLOS, should be especially emphasized.

Finally, there should be a mechanism to supervise and ensure the implementation of the COC, deal with violations, and handle disputes peacefully in compliance with international laws, UNCLOS, and TAC.

According to ASEAN, the COC should inherit the positive principles of the DOC including peace, stability, security, marine safety and freedom, in addition to the peaceful negotiation of disputes with respect for international laws and UNCLOS. It should also be upgraded to meet the requirements of the new situation.

ASEAN hopes the COC will require greater commitments than the DOC and more responsibility from parties, as well as mechanisms for supervision and implementation.

When do you think COC negotiations between ASEAN and China will be completed?

The ASEAN SOM will submit the document to foreign ministers and propose an ASEAN-China consultation on the COC. The document will establish a firm foundation for ASEAN to express its stance to China.

However, this is no easy task because both sides have their own points of view that may conflict with each other.

Thank you very much!