Background Briefing:

Thayer Consultancy
ABN # 65 648 097 123 South China Sea: China’s 9-Dash
Line, Code of Conduct, Fishing
Incidents and U.S.-Vietnam
Military Relations
Carlyle A. Thayer
November 6, 2018

We request your assessment of the issues below relating to the South China Sea.
Q1-What do you think about Viet Nam's role in the context of co-operation in the
South China Sea? Was it a challenge for Viet Nam when China claimed the nine-dash
line?
ANSWER: The recent historical record shows that in 2009 when China officially
tabled its "nine dash line map" claiming all the features and adjacent waters in the
South China Sea this caused tensions and confrontations with littoral states. Chinese
fishermen began to illegally fish where China's nine-dash line overlapped with
Vietnam's Exclusive Economic Zone (EEZ). Chinese ships cut the cables of vessels
contracted by Vietnam to explore for oil and gas. In 2014, China even placed the
mega oil drilling platform HYSY 981 in Vietnam's EEZ.
Even though the international Arbitral Tribunal declared that the nine-dash line had
no basis in international law, China continues to act as if it has sovereign jurisdiction
over the area within the nine-dash line. Vietnam was let down by Philippine
President Rodrigo Duterte who decided not to implement the Award of the Arbitral
Tribunal.
Q2-What should Vietnam do to promote co-operation among external and
neighbouring countries for regional security, peace and development?
ANSWER: At the moment the most important thing Vietnam can do is ensure that
the ASEAN-China Single Draft South China Sea Code of Conduct Negotiating Text,
agreed on 3 August of this year, is rigorous and specific about the adherence of all
parties, including China, to international law and refrain from using force or threats
of force and to treat fishermen humanely. Vietnam has made major submissions
included in the Single Draft Negotiating Text; it needs to lobby other ASEAN
members to support Vietnam's proposals.
At the same time, Vietnam needs to enlist the continuing support of its strategic and
comprehensive partners for adherence to international law, including UNCLOS.
Q3-Vietnamese fishing boats have been rammed by Chinese ships in the South China
Sea. What can Viet Nam do to stop Chinese harassment?
ANSWER: Vietnam needs to better network and coordinate the operations of its
Coast Guard with Vietnam's fishing fleet so the Coast Guard can render timely
assistance. Vietnam should continue to use diplomatic channels to protest to Beijing.
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This issue figures prominently in the Single Draft Negotiating Text. Even China and
the Philippines jointly have proposed that fishermen be treated humanely. Vietnam
needs to enlist the support of other ASEAN members and its strategic partners to
pressure the Chinese government to be more proactive in stopping this harassment.
Q4-How do you assess military co-operation between the U.S. and Vietnam?
ANSWER: Bilateral defence cooperation rests on a firm foundation of the
Memorandum of Understanding (2011) and a Joint Vision Statement (2015). Defence
relations will continue to develop gradually. One potential problem is U.S. legislation
imposing sanctions on Russian defence companies over Russian intervention in
Crimea and Ukraine. This legislation applies to countries that trade with these
Russian defence entities. Secretary of Defence James Mattis has asked the U.S.
Congress for a waiver in the cases of India and Vietnam. We will have to wait until
the American mid-term elections are over to see what the new Congress will do.

Suggested citation: Carlyle A. Thayer, “South China Sea: China’s 9-Dash Line, Code of
Conduct, Fishing Incidents and U.S.-Vietnam Military Relations,” Thayer Consultancy
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Thayer Consultancy provides political analysis of current regional security issues and
other research support to selected clients. Thayer Consultancy was officially
registered as a small business in Australia in 2002.