------------------------------------------------- group assigment SSN301
“Borderland negotiations between Vietnamese-Chinese”

TABLE CONTENTS I. INTRODUCTION 2 II. OVERVIEW OF SITUATION 2 1. The parties and the circumstances that led to negotiations 2 2. Negotiation objective 3 III. THREE STAGES OF NEGOTIATION PROCESS 3 1. Initiation 3 a. The interests of the parties 3 b. Factors affecting negotiations 4 2. Negotiation 5 a. The negotiation process 5 b. Analysis the strategy during negotiate process 6 3. Agreement 6 IV. CONCLUSION 7 V. REFERENCES 9 http://nld.com.vn/thoi-su-trong-nuoc/bo-truong-ngoai-giao-nguyen-dy-nien-noi-ve-hiep-dinh-phan-dinh-vinh-bac-bo-viet-nam-trung-quoc-94783.htm 9 http://www.tapchicongsan.org.vn/Home/PrintStory.aspx?distribution=9072&print=true 9

INTRODUCTION
Negotiation is an important skill that can help you achieve your demand when you talk with someone about that. It’s a communicate process, trade off demand of both two parties, in order to a final agreement. Negotiations with international elements are called by international negotiations. In this assignment, we would like to introduce the international negotiation between Viet Nam and China about land border during 19 years. From this case, we will show negotiation skill and analysis it, what’s successful and what failure in the negotiation is. Through it we hope can have deep knowledge about negotiation skill especially are international negotiations. *
OVERVIEW OF SITUATION 1. The parties and the circumstances that led to negotiations
The parties include Viet Nam and China. Border region with topographic structure is relatively complex, large fragmentation; lower from the West to the East leading to river systems in here tends to flow from northwest to southeast, less value for water transport. Depending on the season, it’s low or high fluctuate cant forecast, causing damages flowing avalanche and diversion leading to the transformation of the riverbed terrain. This area also has a number of mineral resources, it have been studied but have low reserves, less valuable commercial exploitation.
In addition, it is also promising area of forest resources. Because of don’t have right plan of exploit and the burning of forests, the cover area of forest caused serious lead to flow regime of the river are changed, erosion, flood directly affect to more areas both mountainous regions and plains.
A Border issue is an important thing that both two countries want to solve from 1957. After 4 times of negotiations 1974, 1977, 1978, 1991-2010 to have final effective agreement by document. 1991-2010 is the longest time of the international negotiation of Viet Nam and China. After 19 year, Viet Nam and Chinese have final official border base on peace and friendship among two countries.
18/11/2009, the two countries signed the Protocol on demarcation, the Agreement on border management regulations and the Agreement on the gate and management regulations on land border gates between Vietnam – China marked end of 19 year negotiation about land border between two countries.
The process of negotiate the border issue on the land of Vietnam - China experienced three major milestones are: Signing of the Treaty negotiations on land borders Vietnam - China; Completed deployment and demarcation on the field; Negotiated and signed three documents related to land borders Vietnam - China. 2. Negotiation objective
Land border issue is objective of 2 countries in the negotiation. Viet Nam and China need to establish and re-signing official land border start on planners in land border delimitation Convention on 26/06/1887 and amended on 06.20.1895 Convention concluded between France and China.

THREE STAGES OF NEGOTIATION PROCESS 1. Initiation
The interests of the parties
With Vietnam: Border issue is the sacred issue of Vietnam. From the past to now, our enthic fought and sacrificed to protect the sovereignty and territorial integrity of the nation. We always crave living in peace, cooperation and development with neighboring countries. The leaders have directed: one decimetre land of our country must not lose and one decimetre land of neighboring countries must not be violated. We always have this consistent stance with not only China, but also Laos and Cambodia.
With China: China is a populous country in the world with huge acreage. The addition of the territory is not only bringing benefit about material, but also confirming the position of a great nation. Therefore, during years ago, China had several wars with neighboring countries where is derived from the border dispute such as China-India war in 1962, China-Rusia at Damansky island, Russian-Chinese border in 1969, Vietnam-China in Hoang Sa, Truong Sa archipelago in 1974 and 2014 and Vietnamese-Chinese border in 1979.
Factors affecting negotiations * Environment and information
Relationship between Vietnam and China has existed for 2200 years and is divided into 4 phases. The first phase is Northern domination (Bắc thuộc) period. The second phase is Dai Viet period. The third phase is French domination period. The last phase is Vietnam period. Historical conventions which related border issue of Vietnam and China include Border delimitation convention in 26.06.1887 and amended in 06.20.1895, were signed between France and Qing dynasty (China). * Advantage in negotiation and relation big country - small country
Relationship between small countries and big countries which have same borders is very hard. The difficulty is derived from: a clear disparity in size. This is result of long-term development process about economy, culture, politics… From that, the peculiarities about the behavior of small country – big country are created. Big countries usually slight, pinched small countries…. * Timing
Border of Vietnam – China negotiation had occurred for long time, divided into 4 periods: 1974, 1977, 1978, and 1991-2010 when all official documents about border issue were effected. In recent years, China's position in Asia is high day by day. China will also offer views, advocated to settle disputes with neighboring countries by peaceful means. Therefore, this countries need to settle disputes with China to compass the highest advantages.

2. Negotiation a. The negotiation process
From 1974 to 1979, Vietnam and China have negotiated about borderland 3 times already. However all of this is not achieved, because both Vietnam and China have different point of view.
After Vietnam and China normalize the relationship, we had the fourth negotiation in October 1992.
On 31/12/1999, at Beijing, the Ministers of Foreign Affairs of Vietnam and China signed the Land boundary treaty.
For 8 years, from 2000-2008 Vietnam and China had 13 official rounds negotiation between the heads of the two governmental-level delegations, 31 rounds presidents’ meeting and joint committee's meetings and 15 rounds of expert group meetings, which enabled the completion of the demarcation along the entire length
In 2008, both sides had 11 round president’s negotiation meeting, the shortest round is 9 days, the longest round is 23 days, the longest meeting is extended for 30 hours.
In December 2001, the first milestone was plug at Mong Cai, Quang Ninh. From 2002 to 2003, both sides agreed to plug milestones from West to East, and 89 milestones were plugged. From 2004 to 2006, two country agreed to change the way, “easy first and difficult later”. In 2006, 70% milestones was plug. However, in 2007, the demarcation was more difficult, because these areas are sensitive areas, has long history of the disputes.
On 31/12/2008, Vietnam and China was resolved all of problems about borderland. On 18/11/2009 signed protocol demarcation, agreement on borderland management mechanism, the gate management mechanism. On 14/7/2010 the documents was effective.

b. Analysis the strategy during negotiate process
The negotiations have taken place for 20 years, because almost of time both sides us competitive strategy, it is win-lose situation. So all the negotiations from 1974 to 1979 and from 1992 to before 1999 was fail.
On 31/12/2008 the competitive strategy also was used, expected 5p.m Vietnam and China will complete the negotiation meeting, and publish the demarcation with newspapers. But no one wants to concession, event at 11p.m both leader leaved the meeting and there were not the result, after that at 12p.m they came back, until 1:30a.m, 1/1/2009 the negotiation session was ended.
The long-term consequences of competitive negotiation are unfavorable, yielding reduced enthusiasm and commitment as well as damaged relationships. So, there are many times both of countries used cooperate strategy, it is particular type of negotiations where both sides achieve a common objective, in the best interest of system as whole. For example: in Ma Ly San village, Sin Man district, Ha Giang province, if follow the rule, a half of village will be in Vietnam and a half in China, however China accepted to move the milestones, let Vietnam keep all the Ma Ly San village. Or Vietnam was budged, move the milestone to help China keep the 13 houses in our borderland.
By applying flexible negotiation methods, the borderland negotiation between Vietnam and China were successful. 3. Agreement
Undergone the process lengthy negotiations, especially 19years negotiation period (1999-2010), the morning of 14/07/2010, three important documents on the official land border takes effect and declared at the border gate Thanh Thuy, Ha Giang province. Vietnam and China has fulfilled the settlement border issues on land. Three documents are: Protocol on demarcation; the agreement on border management regulations; Agreement on the border gates and management regulations border on the mainland Vietnam – China. The Treaty has recognized the entire direction of the border from West to East, and the result is 289 areas resolve a dispute. Accordingly: approximately 114.9 km2 belong to Vietnam; approximately 117.2 km2 belong to China and only 4 areas of the two parties unresolved. For some little populated areas live long sides then maintaining stability of the population lives, even in residential areas of Vietnam in the borderline between legal. 31/12/2008, the two sides have approximately 1,400 km border demarcation; 1,971 milestones were plugged (1,549 main milestones and 422 auxiliary milestones). Vietnam's major concessions that last 300 meters distance from Dong Dang railway to the old borders have to be cut for China.
This is the first time on land borders between Vietnam - China is determined clearly, precisely with a complete system of boundary markers, modern, enabling local authorities along the border expanding economic cooperation, strengthen friendly exchanges. The relevant authorities of the two countries will be based on three documents to implement border management efficiently and science, together building land borders Vietnam - China peace and friendship, stability and cooperation.

CONCLUSION
After very long time of the negotiation between Vietnamese Government and Chinese Government, especially is in the 19 years period from 1999 to 2010, in the morning of 14th July, 2010, three official documents about the land border has been activated and represented in Thanh Thuy border gate, Ha Giang Province, Vietnam. In general, Vietnam and China has completed the problem about the field border through 1449.566km from West to East.
This is the first time there is an exactly true field border between Vietnam and China, it was a completed and modern border milestones. So on, it would make the economics between the two nations going better, expending cooperation of economy, increase friendly exchanges.
Through the negotiation, the both parties have to be patient, leading to the best choices for the nation and be right for their neighbor nation.
According the negotiation, we also identify some information: * Advantages: * The negotiation resolved number of problems, building the border milestones always received the attention and closely guidance of the both Parties and the Government Leaders. Many Top Leaders has directly fieldwork to grasp the exactly situations and encourage the forces of border demarcation. * Everyone acknowledges the responsibility with the work that has been deployed. Especially, the local citizen has much encourage to the forces. * Disadvantages: * The differences between words in the documents and in the real field. 1999’ agreement describes part of the border by words and maps in proportion of 1:50 000. The border line has drawn by 1 kind of pen, has the error up to ten, sometimes hundreds meters. The documents that not clearly makes some area need to have others negotiation. * In the border area, the citizen has been complex. Some big family appeared in both side of the two countries. That makes the situation that some areas the nation A have to over-control the area, and the other side of the coin. * In some area, there kind of boom that still there over the time of the war.
=> It also leads some fact that: Vietnam has resolved two of three huge problems. That is completely identify the field border, and Bac Bo Bay, now just have only East Sea need to be negotiated.
The work could help the Leaders of border areas easier for control the border and the citizen.
It also represented for the closely relationship of “partners comprehensive strategic cooperation Vietnam – China”. It could leads the two nation has better relationship in economics, cultures, and education.

REFERENCES * http://nld.com.vn/thoi-su-trong-nuoc/bo-truong-ngoai-giao-nguyen-dy-nien-noi-ve-hiep-dinh-phan-dinh-vinh-bac-bo-viet-nam-trung-quoc-94783.htm * http://www.tapchicongsan.org.vn/Home/PrintStory.aspx?distribution=9072&print=true