East Sea: Is Vietnam’s decree against illegal oil and gas exploration possible?

Vietnam has just issued a new decree aimed at combating the illegal exploration and exploitation of oil and gas on its territory, which stipulates fines for violators and even the confiscation of property.

This law applies to all individuals and organizations inside and outside of Vietnam. However, in the dispute over the South China Sea, Vietnam has so far mainly clashed with China.

China has repeatedly brought drilling rigs and exploration ships to waters under Vietnam’s sovereignty. The hottest cases occurred in 2014, when China placed the Hai Duong 981 platform in the sovereignty of Vietnam, sparking massive protests across Vietnam; and in 2019, when China introduces a geological exploration ship in Vietnam’s exclusive economic zone.

On August 26, Decree No. 99/2020 / ND-CP “Regulation on sanctioning administrative infractions in the oil and gas field” was approved, which establishes penalties for infractions in exploration and exploitation. and oil and gas trading on the territory of Vietnam. The highest fine can range from $ 78,000 to $ 86,500 for invading lands and waters under Vietnam’s sovereignty to exploit oil and gas. More serious infractions can result in additional penalties.

In addition to the fines, this decree also grants the relevant Vietnamese agencies the right to confiscate property and equipment of persons who carry out illegal exploration, exploitation and trade in oil and gas; and the right to expel foreign nationals who participate in activities that violate Vietnamese territory and, at the same time, compel offenders to “return the illegal profits” from their activities.

Many agencies, including the Chairman of the People’s Committee, the Police, the Border Guard, the Coast Guard, the Customs and the Vietnam Inspector, are empowered under the new law to assess and punish offenders.

Speaking to Vietnamese BBC News, Mr. Hoang Viet, a professor at Ho Chi Minh City University of Law and researcher on the South China Sea, commented that the drafting of this decree by Vietnam is more political than feasible. exam.

“Before, Vietnam didn’t think about this. But recently, after the 2014 event, China placed a giant platform in the exclusive economic zone of Vietnam, and during 2017 so far many boats and fishing boats.” With Chinese exploration invading Vietnamese waters, perhaps this is the time that Vietnam needs to complete its legal provisions because Vietnam wants to oppose or sanction foreign companies in In the oil and gas sector, there should at least be a legal basis for such actions “.

“There may be an opinion that this is the right time to write this document, but in my opinion, the political factor is more here, in the context of China taking more and more actions in the Sea.” Bronze.”

As for the viability, I think it is extremely difficult to sanction violations with foreign elements. Because the problem is that Vietnam has enough resources, that is, the fleet of ships, the police, to fight, to prevent foreign ships or not? Currently these Vietnamese ships are very few, compared to the largest, strongest and largest fleets in China. “

“Next, do you need to see if Vietnam’s political position is sufficient to do that? China is a country that ignores international law even though it is a member of the United Nations Convention on the Law of the Sea, in is ignoring the 1916 arbitral tribunal ruling in La Haye annulling its “U-shaped line.” Can Vietnam then ask China to comply with the law?

Mr. Hoang Viet said that it is difficult to have a practical solution to sanction violating countries like China. Because not only Vietnam, many countries around the world still fear a powerful China, “but they ignore international law and interpret international law in their own way.”

Therefore, Mr. Hoang Viet proposed that Vietnam should not go it alone, but should have sanctions and the voice of the wider international community.

Mr. Hoang Viet also acknowledged the positive attitude of the Vietnamese government on this matter, recognizing that “it cannot be bypassed forever”, there must be a law, a legal basis to oppose China’s actions. National.

“This also has to do with domestic politics. It shows the people that the Vietnamese government does not always submit to China,” said Hoang Viet.

Treating and sanctioning China when it violates Vietnam’s oil and gas exploration and exploitation regulations, according to Hoang Viet, is a big problem, largely related to sovereignty, politics and international relations, especially in the context of the growing tensions between United States and China in the South China Sea.

Therefore, in the long run, this decree alone is not enough. Vietnam needs to strengthen the maritime power, including the forces of order at sea, the Coast Guard, the Fisheries Watch … to be able to protect the Vietnamese fishermen and prevent in part the invasion of ships from outside.

“This year we have seen a lot of controversy between Vietnamese fishermen and the police in Malaysia, Indonesia and Thailand. Vietnamese fishermen say they fish in their own waters, but the coastguards of other countries say they do in their waters, without any recorded evidence. Therefore, more Vietnam must be legally strengthened to have a basis to protect its waters. “

“Currently, Vietnam still has the biggest problem with Indonesia over overlapping waters, not clearly demarcated. As for Malaysia, although there is no demarcation zone, there is a mutual agreement. If Vietnam can afford to catch micro-boats. If the criminals return to his own country, the court will listen and invoke the law of the sea and this decree. But also to say that in these cases, the main deal is to reach an agreement through diplomacy. “

“Vietnam has not been integrated into international law for a long time. That is why Vietnam still lacks many legal provisions in this area. Whether it can be implemented is something that should be considered. But the first thing should be considered.” Is there still a legal broker in that field? At least Vietnam should do it step by step, how will it be enforced in the future. ”

“There are also additional instructions in addition to the decree. With this decree additional guidance is needed for the courts and specific instructions for law enforcement at sea, including fishermen and the police. At the same time, it is necessary to strengthen these forces.”

“Recently Japan and the United States have transferred some patrol boats to Vietnam. But the potential is not strong yet. The Vietnamese bureaucracy is in confusion. There has been a lot of controversy between the fishing force and the police. In the end, what force is assigned to the sea to sustain, the navy or the Ministry of Public Security? Another kind … Through this story, we can see that Vietnam’s management capacity still has many problems and confusion. “

“The difficulty is that Vietnam has an extensive coastline, more than 3000km, so it is difficult to distribute forces to stay permanently at sea.”

“Another problem is that Vietnam is still dispersing its forces. There are many areas that Vietnam needs to focus on investment, but looking at each field you can see corruption, eroding the strength of the country. If corruption can be prevented.” If those losses, you can invest more in the maritime police and the fishing force, there will be very strong progress. “

In response to BBC News in Vietnamese on the history of China’s intervention in Vietnam’s oil and gas projects, Professor Carl Thayer said:

“There is a high risk that China will not let Vietnam go and that Vietnam will be deprived of its potential energy reserves to accelerate the recovery after COVID-19.”

“In the draft ASEAN-China Code of Conduct Negotiations in the East China Sea in August 2018, China stated that oil and gas exploration and development in disputed waters should be carried out between countries with interests in the East China Sea. of South China; and China will not accept cooperation with companies from countries outside the region. “

The notes provided by Professor Carl Thayer to the BBC show a number of other Chinese interventions in Vietnam’s oil and gas industry over the past decade as follows:

2012: After Vietnam enacted the Law of the Sea, China responded by granting the National Petroleum Company (CNOOC) exploration for oil and gas in the Vietnam Exclusive Economic Zone (EEZ), including the waters near the Bai River. Tu Chinh, and asked foreign companies to submit offers for exploration contracts.

2017: Vietnam must suspend Repsol (Spain) oil exploration and production activities in waters near Bai Tu Chinh after being ‘threatened’ by China.

2018: Vietnam officially terminated the South China Sea oil and gas exploration contract with the Spanish Repsol Group, also under pressure from China.

2019:China took the Hai Duong 8 drilling rig to a study within the Vietnamese EEZ, and harassed the Hakuryu-5 oil rig (Japan) and harassed the ships exploring Block 06-1 under the contract. of Vietnam with Rosneft (Russia).

2020Chinese probe Hai Duong 8 returned to Vietnam’s EEZ in June. In July, China Coast Guard (CCG) vessel 5402 entered the Lan Do gas field in Block 06-01 to monitor platform operations in the Lan Tay gas field. Four days later, it was reported that Noble Clyde Boudreaux’s contract with Rosneft Vietnam was canceled.