Malaysia-Vietnam border

Malaysia and Vietnam are two South-east Asian countries which share common maritime borders in the Gulf of Thailand and South China Sea.

The continental shelf boundary between the two countries in the Gulf of Thailad is subject to dispute as both countries have overlapping claims over the seabed in the area resulting from each country using different baselines to calculate the equidistant border line. Both countries have however come to an agreement to jointly exploit the natural resources in the disputed area pending resolution of the dispute over sovereignty.

Malaysia and Vietnam are also involved in the multi-national claims over some of the Spratly Islands.

The border and disputes

Gulf of Thailand

Both Malaysia and Vietnam have overlapping claims over the seabed in the Gulf of Thailand. There is currently no boundary agreement between the two countries.

The continental shelf claim limit of the two countries do not coincide because of the different baselines each country uses to calculate the equidistant line. This has resulted in an area of overlapping claims. The Vietnamese continental shelf limit was proclaimed in 1971 by the then South Vietnamese government and was the equidistant line between the Malaysian and Vietnamese mainlands without taking into account offshore islands. Malaysia's claim is made through a territorial sea and continental shelf map published by its Mapping and Survey Department in 1979 showing the boundary, drawn as the equidistant line between Malaysia's Redang Island and the Vietnamese shore, ignoring islands off its coast. [cite book | last = Charney | first = Jonathan I | authorlink = | coauthors = | title = International Maritine Boundaries | publisher = Martinus Nijhoff Publishers | date = 2005 | location = | pages = 2345-56 | url = http://books.google.com/books?id=XkgfZJjh3BUC&pg=PA2335&lpg=PA2335&dq=malaysia+vietnam+defined+area&source=web&ots=7W8aHpkwQT&sig=rGQdW5aLfLgaTg_g2bBbxo6IUc8&hl=en&sa=X&oi=book_result&resnum=1&ct=result#PPA2335,M1 | doi = | id = | isbn = 9041103457]

The eastern terminus of any future Malaysia-Vietnam border seems to have been established at northern terminus of the 1969 Indonesia-Malaysia continental shelf border at a point designated as Point 20, with the coordinates 6° 05.8' N 105° 49.2' E. Point 20 is the equidistant point from the baselines of Indonesia, Malaysia and Vietnam. Although not determined by any tripartite agreement, bilateral agreements governing the Indonesia-Malaysia and Indonesia-Vietnam maritime borders as well as the agreement to establish the Malaysia-Vietnam joint development Defined Area (see below) virtually set Point 20 as the common tripoint for the three countries.

The western terminus of the Malaysia-Vietnam border, which should also be the common tripoint for Malaysia, Thailand and Vietnam, has not been determined as the borders between the three countries are subject to dispute. The determination of the tripoint would require the disputes involving the Malaysia-Thailand and Malaysia-Vietnam borders to be settled.

Interestingly, Thailand and Vietnam has agreed to a continental shelf boundary [Citation | last = | first = | author-link = | last2 = | first2 = | author2-link = | title = Agreement between the Government of the Kingdom of Thailand and the Government of the Socialist Republic of Viet Nam on the delimitation of the maritime boundary between the two countries in the Gulf of Thailand| date = 9 August 1997 | year = 1997 | url =http://www.un.org/Depts/los/LEGISLATIONANDTREATIES/PDFFILES/TREATIES/THA-VNM1997MB.PDF| accessdate = 2008-07-5] , with "Point C" as the eastern terminus of their common continental shelf border. This point (with coordinates 07° 48' 00" N, 103° 02' 30" E) coincides with Point 43 in the 1979 map [See [http://www.mfa.gov.sg/reclamation/img3.html map] reproduced by the Singapore Ministry of Foreign Affairs in the country's response in the International Tribunal of the Law of the Sea [http://www.mfa.gov.sg/reclamation/ResponseofSingapore.htm case concerning the reclamation of lands by Singapore in the Straits of Johor] .] produced by Malaysia's Mapping and Survey Department depicting the country's territorial sea and continental shelf claims. In Malaysia's perspective, Point 43/Point C would be the common tripoint for Malaysia, Thailand and Vietnam, and thus the westernmost terminus of the Malaysia-Vietnam common border. Thailand and Vietnam do not recognise this position as they does not recognise Malaysia's continental shelf boundary asserted in the 1979 map.

Both countries signed a memorandum of understanding on 5 June 1992 ["Memorandum of Understanding between Malaysia and the Socialist Republic of Vietnam for the Exploration and Exploitation of Petroleum in a Defined Area of the Continental Shelf involving the Two Countries" (unpublished) signed 5 June 1992, entered into force the same day. Reproduced in Charney, Jonathan I's "International Maritine Boundaries".] to allow joint exploitation of natural resources in the area of overlapping claims, which the agreement called the Defined Area. The western portion of the overlapping claim area is also claimed by Thailand and is currently included in the Malaysia-Thailand joint development area. The Defined Area established under the 1992 MOU does not include this area. In 1999, all three countries agreed in principle to jointly develop this area using joint development principles. [cite paper
first = Hong Thao | last = Nguyen | author = | authorlink = | title = Joint development in the Gulf of Thailand | version = | publisher = IBRU Boundary and Security Bulletin Autumn 1999 | date = 1999 | url = http://www.dur.ac.uk/resources/ibru/publications/full/bsb7-3_thao.pdf | format = PDF | accessdate = 2008-07-05]

outh China Sea

Malaysia and Vietnam both have overlapping claims in the South China Sea involving the continental shelf as well as the islands of the Spratly group. Both Malaysia and Vietnam are two of several countries asserting claims over the islands and waters of the area. Because of the uncertainty, no maritime border agreement exists for the area.

Malaysian claim

Malaysia claims 11 islands and other marine features in the group based on them being within its continental shelf claim. It currently occupies one island - Swallow Reef or Pulau Layang-Layang - five reefs and one shoal.

Malaysia claims two marine features currently occupied by Vietnam, namely Amboyna Cay and Barque Canada Reef. Amboyna Cay is also claimed by the Philippines. Malaysia claims Commodore Reef which is occupied by the Philippines and Royal Charlotte Reef which is currently not occupied.

All the features claimed by Malaysia are also claimed by Vietnam and China (as well as Taiwan). Five features currently occupied by Malaysia are claimed by the Philippines and one is claimed by Brunei.

Vietnamese claim

Vietnam claims the entire Spratly Islands group based on historic grounds, and as such, claims all 11 islands and other marin features occupied as well as claimed by Malaysia. It currently has possession of six islands, 17 reefs and three banks and of these, one island and a reef - Amboyna Cay and Barque Canada Reef/Lizzie Weber Reef - are claimed by Malaysia.

Other features claimed by Vietnam are currently occupied by China, the Philippines and Taiwan.

For details of the Spratly Islands dispute, see the Spratly Islands page.

Joint development area

The overlapping claim area of the continental shelf was designated as a joint development area by the two countries where all fossil fuel resources in the area is shared between Malaysia and Vietnam. The joint development area was created through the Memorandum of Understanding between Malaysia and the Socialist Republic of Vietnam for the Exploration and Exploitation of Petroleum in a Defined Area of the Continental Shelf involving the Two Countries on 5 June 1992.

The defined area, which is also known as Block PM-3 CAA (Commercial Arrangement Area), is about 1,350km square. Oil production began in 1997 from the Bunga Kekwa field.

ee also

*Brunei-Malaysia border
*Indonesia-Malaysia border
*Indonesia-Vietnam border
*Malaysia-Thailand border
*Spratly Islands

References