Thayer Consultancy Background Brief

ABN # 65 648 097 123

South China Sea: China Survey
Vessel Returns to Vanguard
Bank
Carlyle A. Thayer
August 21, 2019

China’s oil survey vessel and its escorts have reentered Vietnam's Exclusive Economic
Zone. We request your assessment of the following issues:
Q1- In your assessment, what is China’s intention to send an oil survey vessel and its
escorts back to Vietnam's Exclusive Economic Zone?
ANSWER: China is trying to demonstrate to Vietnam and the international community
that it has sovereign rights over all marine resources that fall within its nine-dash line
claim in the South China Sea even if this claim overlaps with Vietnam’s legal Exclusive
Economic Zone (EEZ) and continental shelf. For example, China’s submission to the
ASEAN-China South China Sea Code of Conduct Single Draft Negotiating Text, adopted
in August 2018, included the following proposal on cooperation on the marine
economy states that cooperation is to be carried out by the littoral states “and shall
not be conducted in cooperation with companies from countries outside the region.”
In other words, China opposes all unilateral acts by littoral states to develop marine
resources within China nine-dash line and as well China opposes any attempt to
exploit marine resources by a littoral state and an outside country. China was to force
littoral stated into joint development on Chinese terms.
China is also demonstrating that it rejects the Arbitral Tribunal’s ruling that China’s
nine-dash line claim has no basis in international law and that China’s claim to historic
rights was extinguished when China acceded to the United Nations Convention on the
Law of the Sea (UNCLOS).
Finally, China is demonstrating that it can act with impunity through its assertion that
“China’s might makes right.”
Q2- How should Vietnam respond to ensure its legitimate rights as well as to protect
its sovereignty?
ANSWER: Vietnam should continue to make diplomat protests to China, call for
international support to uphold international law and UNCLOS, and raise the matter
at meetings of international multilateral institutions. Vietnam’s Coast Guard must
maintain a permanent presence in waters around Vanguard Bank and verbally
challenge the resumption of seismic surveying by Haiyang Dizhi 8.
 2

Vietnam needs to lobby ASEAN members, especially the Philippines and Malaysia, to
organize a stronger political and diplomatic challenge to China. Vietnam should
consult with friendly members of the international community about what joint
actions they could take to pressure China to withdraw from Vietnam’s EEZ.
Vietnam could do more to promote its case. It should provide timely and accurate
information about Chinese actions and Vietnam responses at Vanguard Bank. In
addition to statements by the official spokesperson of the Ministry of Foreign Affairs,
officials from the Vietnam Coast Guard should also brief the press and show videos of
Chinese actions. Foreign journalists should be invited to witness events at Vanguard
Bank from coast guard vessels and by aerial surveillance.
Vietnam should consider raising the matter at the United Nations and consider taking
legal action under UNCLOS following the precedent set by the Philippines.

Media Identification: Carl Thayer is emeritus professor at The University of

New South Wales, Canberra or Carl Thayer is emeritus professor at The University of
New South Wales at the Australian Defence Force Academy, Canberra.
Suggested citation: Carlyle A. Thayer, “South China Sea: China Survey Vessel Returns
to Vanguard Bank,” Thayer Consultancy Background Brief, August 21, 2019. All
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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.