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20191020 Text of VN Agreement Jan 27 1973
Trang 397/540-438/540
Appendix 3
Text of the Vietnam Agreement and
Accompanying Protocols
Signed by The Republic of Vietnam
The Provisional Revolutionary
Government of South Vietnam
The Democratic Republic of Vietnam
and
The United States in Paris on 27
January 1973
Agreement on Ending The War
And
Restoring Peace in Vietman
The Parties participating in the
Paris Conference on Vietnam,
With a view to ending the war and
restoring peace in Vietnam on the basis of respect for the Vietnamese people’s
fundamental national rights and the South Vietnamese people’s right to
self-determination, and to contributing to the consolidation of peace in Asia
and the world,
Have agreed on the following
provisions and undertake to respect and to implement them:
Chapter I
The Vietnamese People’s Fundamental
National Rights
Article I
The United States and all other
countries respect the independence, sovereignty, unity, and territorial integrity
of Vietnam as recognized by the 1954 Geneva Agreements on Vietnam.
Trang 398
Chapter II
Cessation of Hostilities—Withdrawal
of Troops
Article 2
A cease-fire shall he observed
throughout South Vietnam as of 2400 hours G.M.T., on January 27, 1973.
At the same hour, the United States
will stop all its military activities against the territory of the Democratic
Republic of Vietnam by ground, air and naval forces, wherever they may be
based, and end the mining of the territorial waters, ports, harbors, and waterways
of the Democratic Republic of Vietnam. The United States will remove,
permanently deactivate or destroy all the mines in the territorial waters,
ports, harbors, and waterways of North Vietnam as soon as this Agreement goes
into effect.
The complete cessation of
hostilities mentioned in this Article shall be durable and without limit of
time.
Article 3
The parties undertake to maintain
the cease-fire and to ensure a lasting and stable peace.
As soon as the cease-fire goes into
effect:
(a) The United States forces and
those of the other foreign countries allied with the United States and the
Republic of Vietnam shall remain in-place pending the implementation of the
plan of troop withdrawal. The Four-Party Joint Military Commission described in
Article 16 shall determine the modalities.
(b) The armed forces of the two
South Vietnamese parties shall remain in-place.
The Two-Party Joint Military
Commission described in Article 17 shall determine the areas controlled by each
party and the modalities of stationing.
(c) The regular forces of all
services and arms and the irregular forces of the parties in South Vietnam
shall stop all offensive activities against each other and shall strictly abide
by the following stipulations:
—All acts of force on the ground,
in the air, and on the sea shall be prohibited;
—All hostile acts, terrorism and
reprisals by both sides will be banned.
Article 4
The United States will not continue
its military involvement or intervene in the internal affairs of South Vietnam.
Appendix 3
399
Article 5
Within sixty days of the signing of
this Agreement, there will be a total withdrawal from South Vietnam of troops,
military advisers, and military personnel, including technical military
personnel and military personnel associated with the pacification program,
armaments, munitions, and war material of the United States and those of the
other foreign countries mentioned in Article 3 (a). Advisers from the
above-mentioned countries to all paramilitary organizations and the police force
will also be withdrawn within the same period of time.
Article 6
The dismantlement of all military
bases in South Vietnam of the United States and of the other foreign countries
mentioned in Article 3 (a) shall be completed within sixty days of the signing
of this Agreement.
Article 7
From the enforcement of the
cease-fire to the formation of the government provided for in Articles 9 (b)
and 14 of this Agreement, the two South Vietnamese parties shall not accept the
introduction of troops, military advisers, and military personnel including
technical military personnel, armaments, munitions, and war material into South
Vietnam.
The two South Vietnamese parties
shall be permitted to make periodic replacement of armaments, munitions and war
material which have been destroyed, damaged, worn out or used up after the
cease-fire, on the basis of piece-for-piece, of the same characteristics and
properties, under the supervision of the Joint Military Commission of the two
South Vietnamese parties and of the International Commission of Control and
Supervision.
Chapter III
The Return of Captured Military
Personnel and Foreign Civilians, and Captured and Detained Vietnamese Civilian
Personnel
Article 8
(a) The return of captured military
personnel and foreign civilians of the parties shall be carried out
simultaneously with and completed not later than the same day as the troop
withdrawal mentioned in Article 5. The parties shall exchange complete lists of
the above-mentioned captured military personnel and foreign civilians on the
day of the signing of this Agreement.
(b) The parties shall help each
other to get information about those military personnel and foreign civilians
of the parties missing in action, to determine the location and take care of the
graves of the dead so as to facilitate the exhumation and repatriation of the
remains, and to take any such other measures as may be required to get
information about those still considered missing in action.
(c) The question of the return of
Vietnamese civilian personnel captured and detained in South Vietnam will be
resolved by the two South Vietnamese parties on the basis of the principles of
Article 21 (b) of the Agreement on the Cessation of Hostilities in Vietnam of
July 20, 1954. The two South Vietnamese parties will do so in a spirit of
national reconciliation and concord, with a view to ending hatred and enmity,
in order to ease suffering and to reunite families. The two South Vietnamese parties
will do their utmost to resolve this question within ninety days after the cease-fire
comes into effect.
Chapter IV
The Exercise of the South
Vietnamese People’s
Right to Self-Determination
Article 9
The Government of the United States
of America and the Government of the Democratic Republic of Vietnam undertake
to respect the following principles for the exercise of the South Vietnamese
people’s right to self-determination:
(a) The South Vietnamese people’s
right to self-determination is sacred, inalienable, and shall be respected by
all countries.
(b) The South Vietnamese people
shall decide themselves the political future of South Vietnam through genuinely
free and democratic general elections under international supervision.
(c) Foreign countries shall not
impose any political tendency or personality on the South Vietnamese people.
Article 10
The two South Vietnamese parties
undertake to respect the cease-fire and maintain peace in South Vietnam, settle
all matters of contention through negotiations, and avoid all armed conflict.
Appendix 3
Article 11
Immediately after the cease-fire,
the two South Vietnamese parties will:
—achieve national reconciliation
and concord, end hatred and enmity, prohibit all acts of reprisal and
discrimination against individuals or organizations that have collaborated with
one side or the other;
—ensure the democratic liberties of
the people: personal freedom, freedom of speech, freedom of the press, freedom
of meeting, freedom of organization, freedom of political activities, freedom
of belief, freedom of movement, freedom of residence, freedom of work, right to
property ownership, and right to free enterprise.
Article 12
(a) Immediately after the
cease-fire, the two South Vietnamese parties shall hold consultations in a
spirit of national reconciliation and concord, mutual respect, and mutual
non-elimination to set up a National Council of National Reconciliation and
Concord of three equal segments. The Council shall operate on the principle of
unanimity. After the National Council of National Reconciliation and Concord
has assumed its functions, the two South Vietnamese parties will consult about
the formation of councils at lower levels. The two South Vietnamese parties shall
sign an agreement on the internal matters of South Vietnam as soon as possible and
do their utmost to accomplish this within ninety days after the cease-fire comes
into effect, in keeping with the South Vietnamese people’s aspirations for peace,
independence and democracy.
(b) The National Council of
National Reconciliation and Concord shall have the task of promoting the two
South Vietnamese parties’ implementation of this Agreement, achievement of
national reconciliation and concord and ensurance of democratic liberties. The
National Council of National Reconciliation and Concord will organize the free
and democratic general elections provided for in Article 9 (b) and decide the
procedures and modalities of these general elections. The institutions for
which the general elections are to be held will be agreed upon through consultations
between the two South Vietnamese parties. The National Council of National
Reconciliation and Concord will also decide the procedures and modalities of
such local elections as the two South Vietnamese parties agree upon.
Article 13
The question of Vietnamese armed
forces in South Vietnam shall be settled by the two South Vietnamese parties in
a spirit of national reconciliation and concord, equality and mutual respect,
without foreign interference, in accordance with the postwar situation. Among
the questions to be discussed by the two South Vietnamese parties are steps to
reduce their military effectives and to demobilize the troops being reduced.
The two South Vietnamese parties will accomplish this as soon as possible.
Article 14
South Vietnam will pursue a foreign
policy of peace and independence. It will be prepared to establish relations
with all countries irrespective of their political and social systems on the
basis of mutual respect for independence and sovereignty and accept economic
and technical aid from any country with no political conditions attached. The
acceptance of military aid by South Vietnam in the future shall come under the
authority of the government set up after the general elections in South Vietnam
provided for in Article 9 (b).
Chapter V
The Reunification of Vietnam and the
Relationship Between North and South Vietnam
Article 15
The reunification of Vietnam shall
be carried out step by step through peaceful means on the basis of discussions
and agreements between North and South Vietnam, without coercion or annexation
by either party, and without foreign interference.
The time for reunification will be
agreed upon by North and South Vietnam.
Pending reunification:
(a) The military demarcation line
between the two zones at the 17th parallel is only provisional and not a
political or territorial boundary, as provided for in paragraph 6 of the Final
Declaration of the 1954 Geneva Conference.
(b) North and South Vietnam shall
respect the Demilitarized Zone on either side of the Provisional Military
Demarcation Line.
(c) North and South Vietnam shall
promptly start negotiations with a view to reestablishing normal relations in
various fields. Among the questions to be negotiated are the modalities of
civilian movement across the Provisional Military Demarcation Line.
(d) North and South Vietnam shall
not join any military alliance or military bloc and shall not allow foreign
powers to maintain military bases, troops, military advisers, and military
personnel on their respective territories, as stipulated in the 1954 Geneva
Agreements on Vietnam.
Appendix 3
Chapter VI
The Joint Military Commissions, the
International Commission of Control and Supervision, the International
Conference
Article 16
(a) The Parties participating in the
Paris Conference on Vietnam shall immediately designate representatives to form
a Four-Party Joint Military Commission with the task of ensuring joint action
by the parties in implementing the following provisions of this Agreement:
—The first paragraph of Article 2,
regarding the enforcement of the cease-fire throughout South Vietnam;
—Article 3 (a), regarding the
cease-fire by U.S. forces and those of the other foreign countries referred to
in that Article;
—Article 3 (c), regarding the
cease-fire between all parties in South Vietnam;
—Article 5, regarding the
withdrawal from South Vietnam of U.S. troops and those of the other foreign
countries mentioned in Article 3 (a);
—Article 6, regarding the
dismantlement of military bases in South Vietnam of the United States and those
of the other foreign countries mentioned in Article 3 (a);
—Article 8 (a), regarding the
return of captured military personnel and foreign civilians of the parties;
—Article 8 (b), regarding the
mutual assistance of the parties in getting information about those military
personnel and foreign civilians of the parties missing in action.
(b) The Four-Party Joint Military
Commission shall operate in accordance with the principle of consultations and
unanimity. Disagreements shall be referred to the International Commission of
Control and Supervision.
(c) The Four-Party Joint Military
Commission shall begin operating immediately after the signing of this
Agreement and end its activities in sixty days, after the completion of the
withdrawal of U.S. troops and those of the other foreign countries mentioned in
Article 3 (a) and the completion of the return of captured military personnel
and foreign civilians of the parties.
(d) The four parties shall agree
immediately on the organization, the working procedure, means of activity, and
expenditures of the Four-Party Joint Military Commission.
Article 17
(a) The two South Vietnamese
parties shall immediately designate representatives to form a Two-Party Joint
Military Commission with the task of ensuring joint action by the two South
Vietnamese parties in implementing the following provisions of this Agreement:
—The first paragraph of Article 2,
regarding the enforcement of the cease-fire throughout South Vietnam, when the
Four-Party Joint Military Commission has ended its activities;
—Article 3 (b), regarding the
cease-fire between the two South Vietnamese parties;
—Article 3 (c), regarding the
cease-fire between all parties in South Vietnam, when the Four-Party Joint
Military Commission has ended its activities;
—Article 7, regarding the
prohibition of the introduction of troops into South Vietnam and all other
provisions of this article;
—Article 8 (c), regarding the
question of the return of Vietnamese civilian personnel captured and detained
in South Vietnam;
—Article 13, regarding the
reduction of the military effectives of the two South Vietnamese parties and
the demobilization of the troops being reduced.
(b) Disagreements shall be referred
to the International Commission of Control and Supervision.
(c) After the signing of this
Agreement, the Two-Party Joint Military Commission shall agree immediately on
the measures and organization aimed at enforcing the cease-fire and preserving
peace in South Vietnam.
Article 18
(a) After the signing of this
Agreement, an International Commission of Control and Supervision shall be
established immediately.
(b) Until the International
Conference provided for in Article 19 makes definitive arrangements, the
International Commission of Control and Supervision will report to the four
parties on matters concerning the control and supervision of the implementation
of the following provisions of this Agreement:
—The first paragraph of Article 2,
regarding the enforcement of the cease-fire throughout South Vietnam;
—Article 3 (a), regarding the
cease-fire by U.S. forces and those of the other foreign countries referred to
in that Article;
—Article 3 (c), regarding the
cease-fire between all the parties in South Vietnam;
Appendix 3
405
—Article 5, regarding the
withdrawal from Vietnam of U.S. troops and those of the other foreign countries
mentioned in Article 3 (a);
—Article 6, regarding the
dismantlement of military bases in South Vietnam of the United States and those
of the other foreign countries mentioned in Article 3 (a);
—Article 8 (a), regarding the
return of captured military personnel and foreign civilians of the parties.
The International Commission of
Control and Supervision shall form control teams for carrying out its tasks.
The four parties shall agree immediately on the location and operation of these
teams. The parties will facilitate their operation.
(c) Until the International
Conference makes definitive arrangements, the International Commission of
Control and Supervision will report to the two South Vietnamese parties on
matters concerning the control and supervision of the implementation of the
following provisions of this Agreement:
—The first paragraph of Article 2,
regarding the enforcement of the cease-fire throughout South Vietnam, when the
Four-Party Joint Military Commission has ended its activities;
—Article 3 (b), regarding the
cease-fire between the two South Vietnamese parties;
—Article 3 (c), regarding the
cease-fire between all parties in South Vietnam, when the Four-Party Joint
Military Commission has ended its activities;
—Article 7, regarding the
prohibition of the introduction of troops into South Vietnam and all other
provisions of this Article;
—Article 8 (c), regarding the
question of the return of Vietnamese civilian personnel captured and detained
in South Vietnam;
—Article 9 (b), regarding the free
and democratic general elections in South Vietnam;
—Article 13, regarding the
reduction of the military effectives of the two South Vietnamese parties and
the demobilization of the troops being reduced.
The International Commission of
Control and Supervision shall form control teams for carrying out its tasks.
The two South Vietnamese parties shall agree immediately on the location and
operation of these teams. The two South Vietnamese parties will facilitate
their operation.
(d) The International Commission of
Control and Supervision shall be composed of representatives of four countries:
Canada, Hungary, Indonesia and Poland.
The chairmanship of this Commission
will rotate among the members for specific periods to be determined by the
Commission.
(e) The International Commission of
Control and Supervision shall carry out its tasks in accordance with the
principle of respect for the sovereignty of South Vietnam.
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(f) The International Commission of Control
and Supervision shall operate in accordance with the principle of consultations
and unanimity.
(g) The International Commission of
Control and Supervision shall begin operating when a ceasefire comes into force
in Vietnam. As regards the provisions in Article 18 (b) concerning the four
parties, the International Commission of Control and Supervision shall end its
activities when the Commission’s tasks of control and supervision regarding
these provisions have been fulfilled. As regards the provisions in Article 18
(c) concerning the two South Vietnamese parties, the International Commission
of Control and Supervision shall end its activities on the request of the
government formed after the general elections in South Vietnam provided for
in Article 9 (b).
(h) The four parties shall agree
immediately on the organization, means of activity, and expenditures of the
International Commission of Control and Supervision. The relationship between
the International Commission and the International Conference will be agreed
upon by the International Commission and the International Conference.
Article 19
The parties agree on the convening
of an International Conference within thirty days of the signing of this
Agreement to acknowledge the signed agreements; to guarantee the ending of the
war, the maintenance of peace in Vietnam, the respect of the Vietnamese
people’s fundamental national rights, and the South Vietnamese people’s right
to self-determination; and to contribute to and guarantee peace in Indochina.
The United States and the
Democratic Republic of Vietnam, on behalf of the parties participating in the
Paris Conference on Vietnam, will propose to the following parties that they
participate in this International Conference: the People’s
Republic of China, the Republic of
France, the Union of Soviet Socialist Republics, the United Kingdom, the four
countries of the International Commission of Control and Supervision, and the
Secretary General of the United Nations, together with the parties
participating in the Paris Conference on Vietnam.
Appendix 3
Trang 407
Chapter VII
Regarding Cambodia and Laos
Article 20
(a) The parties participating in
the Paris Conference on Vietnam shall strictly respect the 1954 Geneva
Agreements on Cambodia and the 1962 Geneva Agreements on Laos, which recognized
the Cambodian and the Lao peoples’ fundamental national rights, i.e., the
independence, sovereignty, unity, and territorial integrity of these countries.
The parties shall respect the neutrality of Cambodia and Laos.
The parties participating in the
Paris Conference on Vietnam undertake to refrain from using the territory of
Cambodia and the territory of Laos to encroach on the sovereignty and security of
one another and of other countries.
(b) Foreign countries shall put an
end to all military activities in Cambodia and Laos, totally withdraw from and
refrain from reintroducing into these two countries troops, military advisers
and military personnel, armaments, munitions and war material.
(c) The internal affairs of
Cambodia and Laos shall be settled by the people of each of these countries
without foreign interference.
(d) The problems existing between
the Indochinese countries shall be settled by the Indochinese parties on the
basis of respect for each other’s independence, sovereignty, and territorial
integrity, and non-interference in each other’s internal affairs.
Chapter VIII
The Relationship Between the United
States
and the Democratic Republic of
Vietnam
Article 21
The United States anticipates that
this Agreement will usher in an era of reconciliation with the Democratic
Republic of Vietnam as with all the peoples of Indochina. In pursuance of its
traditional policy, the United States will contribute to healing the wounds of
war and to postwar reconstruction of the Democratic Republic of Vietnam and
throughout Indochina.
Article 22
The ending of the war, the
restoration of peace in Vietnam, and the strict implementation of this Agreement
will create conditions for establishing a new, equal and mutually beneficial
relationship between the United States and the Democratic
Trang 408, JCS and the War in
Vietnam, 1971–1973
Republic of Vietnam on the basis of
respect for each other’s independence and sovereignty, and noninterference in
each other’s internal affairs. At the same time this will ensure stable peace
in Vietnam and contribute to the preservation of lasting peace in Indochina and
Southeast Asia.
Chapter IX
Other Provisions
Article 23
This Agreement shall enter into
force upon signature by plenipotentiary representatives of the parties
participating in the Paris Conference on Vietnam. All the parties concerned
shall strictly implement this Agreement and its Protocols.
DONE in Paris this twenty-seventh
day of January, One Thousand Nine Hundred and Seventy-Three, in Vietnamese and
English.
The Vietnamese and English texts
are official and equally authentic.
[Separate
Numbered Page]
For the Government of the For the Government of
United States of America Republic of
Vietnam
William P. Rogers Tran Van Lam
Secretary of State Minister
for Foreign Affairs
[Separate
Numbered Page]
For the Government of the For the Provisional Revolutionary
Democratic Republic of Vietnam Government of
the Republic of South Vietnam
Nguyen Duy Trinh Nguyen
Thi Binh
Minister for
Foreign Affairs Minister
for Foreign Affairs
Appendix 3
Trang 409
AGREEMENT ON ENDING THE WAR
AND RESTORING PEACE IN VIETNAM
The Government of the United States
of America, with the concurrence of the
Government of the Republic of
Vietnam,
The Government of the Democratic
Republic of Vietnam, with the concurrence
of the Provisional Revolutionary
Government of the Republic of South Vietnam,
With a view to ending the war and
restoring peace in Vietnam on the basis of respect for the Vietnamese people’s
fundamental national rights and the South Vietnamese people’s right to
self-determination, and to contributing to the consolidation of peace in Asia
and the world,
Have agreed on the following
provisions and undertake to respect and to implement them:
[Text of Agreement Chapters I–VIII
Same As Above]
Chapter IX
Other Provisions
Article 23
The Paris Agreement on Ending the
War and Restoring Peace in Vietnam shall enter into force upon signature of
this document by the Secretary of State of the Government of the United States
of America and the Minister for Foreign Affairs of the Government of the
Democratic Republic of Vietnam, and upon signature of a document in the same
terms by the Secretary of State of the Government of the United States of
America, the Minister for Foreign Affairs of the Government of the Republic of
Vietnam, the Minister for Foreign Affairs of the Government of the Democratic Republic
of Vietnam, and the Minister for Foreign Affairs of the Provisional
Revolutionary Government of the Republic of South Vietnam. The Agreement and
the protocols to it shall be strictly implemented by all the parties concerned.
DONE in Paris this twenty-seventh
day of January, One Thousand Nine Hundred and Seventy-Three, in Vietnamese
and English. The Vietnamese and English texts are official and equally
authentic.
For the Government of the For the Government of the
United States of America Democratic
Republic of Vietnam
William P. Rogers Nguyen
Duy Trinh
Secretary of State
Minister
for Foreign Affairs
Trang 410, JCS and the War in
Vietnam, 1971–1973
Protocol on
Prisoners and Detainees
Protocol to the Agreement on Ending
the War and Restoring Peace in Vietnam Concerning the Return of Captured
Military Personnel and Foreign Civilians and Captured and Detained Vietnamese
Civilian Personnel.
The Parties participating in the
Paris Conference on Vietnam,
In implementation of Article 8 of
the Agreement on Ending the War and Restoring Peace in Vietnam signed on this
date providing for the return of captured military personnel and foreign
civilians, and captured and detained Vietnamese civilian personnel,
Have agreed as follows:
The Return of Captured Military
Personnel and Foreign Civilians
Article 1
The parties signatory to the
Agreement shall return the captured military personnel of the parties mentioned
in Article 8 (a) of the Agreement as follows:
—all captured military personnel of
the United States and those of the other foreign countries mentioned in Article
3 (a) of the Agreement shall be returned to United States authorities;
—all captured Vietnamese military
personnel, whether belonging to regular or irregular armed forces, shall be
returned to the two South Vietnamese parties; they shall be returned to that
South Vietnamese party under whose command they served.
Article 2
All captured civilians who are
nationals of the United States or of any other foreign countries mentioned in
Article 3 (a) of the Agreement shall be returned to United States authorities.
All other captured foreign civilians shall be returned to the authorities of
their country of nationality by any one of the parties willing and able to do
so.
Article 3
The parties shall today exchange
complete lists of captured persons mentioned in Articles 1 and 2 of this
Protocol.
Appendix 3
Trang 411
Article 4
(a) The return of all captured
persons mentioned in Articles 1 and 2 of this Protocol shall be completed
within sixty days of the signing of the Agreement at a rate no slower than the rate
of withdrawal from South Vietnam of United States forces and those of the other
foreign countries mentioned in Article 5 of the Agreement.
(b) Persons who are seriously ill,
wounded or maimed, old persons and women shall be returned first. The remainder
shall be returned either by returning all from one detention place after
another or in order of their dates of capture, beginning with those who have
been held the longest.
Article 5
The return and reception of the
persons mentioned in Articles 1 and 2 of this Protocol shall be carried out at
places convenient to the concerned parties. Places of return shall be agreed
upon by the Four-Party Joint Military Commission. The parties shall ensure the
safety of personnel engaged in the return and reception of those persons.
Article 6
Each party shall return all
captured persons mentioned in Articles 1 and 2 of this Protocol without delay
and shall facilitate their return and reception. The detaining parties shall
not deny or delay their return for any reason, including the fact that captured
persons may, on any grounds, have been prosecuted or sentenced.
The Return of Captured and Detained
Vietnamese Civilian Personnel
Article 7
(a) The question of the return of
Vietnamese civilian personnel captured and detained in South Vietnam will be
resolved by the two South Vietnamese parties on the basis of the principles of
Article 21 (b) of the Agreement on the Cessation of Hostilities in Vietnam of
July 20, 1954, which reads as follows:
“The term ‘civilian internees’ is
understood to mean all persons who, having in any way contributed to the
political and armed
struggle between the two parties,
have been arrested for that reason and have been kept in detention by either
party during the
period of hostilities.”
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Vietnam, 1971–1973
(b) The two South Vietnamese
parties will do so in a spirit of national reconciliation and concord with a
view to ending hatred and enmity in order to ease suffering and to reunite
families. The two South Vietnamese parties will do their utmost to resolve this
question within ninety days after the cease-fire comes into effect.
(c) Within fifteen days after the
cease-fire comes into effect, the two South Vietnamese parties shall exchange
lists of the Vietnamese civilian personnel captured and detained by each party
and lists of the places at which they are held.
Treatment of Captured Persons
During Detention
Article 8
(a) All captured military personnel
of the parties and captured foreign civilians of the parties shall be treated
humanely at all times, and in accordance with international practice.
They shall be protected against all
violence to life and person, in particular against murder in any form,
mutilation, torture and cruel treatment, and outrages upon personal dignity.
These persons shall not be forced to join the armed forces of the detaining
party.
They shall be given adequate food,
clothing, shelter, and the medical attention required for their state of
health. They shall be allowed to exchange post cards and letters with their
families and receive parcels.
(b) All Vietnamese civilian
personnel captured and detained in South Vietnam shall be treated humanely at
all times, and in accordance with international practice.
They shall be protected against all
violence to life and person, in particular against murder in any form,
mutilation, torture and cruel treatment, and outrages against personal dignity.
The detaining parties shall not deny or delay their return for any reason,
including the fact that captured persons may, on any grounds, have been
prosecuted or sentenced. These persons shall not be forced to join the armed forces
of the detaining party.
They shall be given adequate food,
clothing, shelter, and the medical attention required for their state of
health. They shall be allowed to exchange post cards and letters with their
families and receive parcels.
Article 9
(a) To contribute to improving the
living conditions of the captured military personnel of the parties and foreign
civilians of the parties, the parties shall, within fifteen days after the
cease-fire comes into effect, agree upon the designation of two or more
national Red Cross societies to visit all places where captured military personnel
and foreign civilians are held.
Appendix 3
Trang 413
(b) To contribute to improving the
living conditions of the captured and detained Vietnamese civilian personnel,
the two South Vietnamese parties shall, within fifteen days after the
cease-fire comes into effect, agree upon the designation of two or more
national Red Cross societies to visit all places where the captured and
detained Vietnamese civilian personnel are held.
With Regard to Dead and Missing
Persons
Article 10
(a) The Four-Party Joint Military
Commission shall ensure joint action by the parties in implementing Article 8
(b) of the Agreement. When the Four-Party Joint Military Commission has ended
its activities, a Four-Party Joint Military team shall be maintained to carry
on this task.
(b) With regard to Vietnamese
civilian personnel dead or missing in South Vietnam, the two South Vietnamese
parties shall help each other to obtain information about missing persons,
determine the location and take care of the graves of the dead, in a spirit of
national reconciliation and concord, in keeping with the people’s aspirations.
Other Provisions
Article 11
(a) The Four-Party and Two-Party
Joint Military Commissions will have the responsibility of determining
immediately the modalities of implementing the provisions of this Protocol
consistent with their respective responsibilities under Articles 16 (a) and 17
(a) of the Agreement. In case the Joint Military Commissions, when carrying out
their tasks, cannot reach agreement on a matter pertaining to
the return of captured personnel
they shall refer to the International Commission for its assistance.
(b) The Four-Party Joint Military
Commission shall form, in addition to the teams established by the Protocol
concerning the cease-fire in South Vietnam and the Joint Military Commissions,
a subcommission on captured persons and, as required, joint military teams on
captured persons to assist the Commission in its tasks.
(c) From the time the cease-fire
comes into force to the time when the Two- Party Joint Military Commission
becomes operational, the two South Vietnamese parties’ delegations to the
Four-Party Joint Military Commission shall form a provisional sub-commission
and provisional joint military teams to carry out its tasks concerning captured
and detained Vietnamese civilian personnel.
(d) The Four-Party Joint Military
Commission shall send joint military teams to observe the return of the persons
mentioned in Articles 1 and 2 of this Protocol
Trang 414, JCS and the War in
Vietnam, 1971–1973
at each place in Vietnam where such
persons are being returned, and at the last detention places from which these
persons will be taken to the places of return.
The Two-Party Joint Military
Commission shall send joint military teams to observe the return of Vietnamese
civilian personnel captured and detained at each place in South Vietnam where
such persons are being returned, and at the last detention places from which
these persons will be taken to the places of return.
Article 12
In implementation of Articles 18
(b) and 18 (c) of the Agreement, the International Commission of Control and
Supervision shall have the responsibility to control and supervise the
observance of Articles 1 through 7 of this Protocol through observation of the
return of captured military personnel, foreign civilians and captured and
detained Vietnamese civilian personnel at each place in Vietnam where these
persons are being returned, and at the last detention places from which these
persons will be taken to the places of return, the examination of lists, and
the investigation of violations of the provisions of the above-mentioned
Articles.
Article 13
Within five days after signature of
this Protocol, each party shall publish the text of the Protocol and
communicate it to all the captured persons covered by the Protocol and being
detained by that party.
Article 14
This Protocol shall come into force
upon signature by plenipotentiary representatives of all the parties
participating in the Paris Conference on Vietnam. It shall be strictly implemented
by all the parties concerned.
DONE in Paris this twenty-seventh
day of January, One Thousand Nine Hundred and Seventy-Three, in Vietnamese and
English. The Vietnamese and English texts are official and equally authentic.[Separate Numbered Page]
For the Government of the For
the Government of the
United States of America Republic of Vietnam
William P. Rogers Tran Van Lam
Secretary of State
Minister for Foreign Affairs
Appendix 3
Trang 415[Separate
Numbered Page]
For the Government of the For the Provisional Revolutionary
Democratic Republic of Government of the Republic of South Vietnam Vietnam
Nguyen Duy Trinh Nguyen Thi Binh
Minister for
Foreign Affairs Minister for Foreign Affairs
Protocol to the Agreement on Ending
the War and Restoring Peace in Vietnam Concerning the Return of Captured
Military Personnel and Foreign Civilians and Captured and Detained Vietnamese
Civilian Personnel The Government of the United States of America, with the
concurrence of the Government of the Republic of Vietnam,
The Government of the Democratic
Republic of Vietnam, with the concurrence of the Provisional Revolutionary
Government of the Republic of South Vietnam, In implementation of Article 8 of
the Agreement on Ending the War and Restoring Peace in Vietnam signed on this
date providing for the return of captured military personnel and foreign
civilians, and captured and detained Vietnamese civilian personnel,
Have agreed as follows:
[Text of Protocol Articles 1-13
same as above]
Article 14
The Protocol to the Paris Agreement
on Ending the War and Restoring Peace in Vietnam concerning the Return of
Captured Military Personnel and Foreign Civilians and Captured and Detained
Vietnamese Civilian Personnel shall enter into force upon signature of this
document by the Secretary of State of the Government of the United States of
America and the Minister for Foreign Affairs of the Government of the
Democratic Republic of Vietnam, and upon signature of a document in the same
terms by the Secretary of State of the Government of the United States of
America, the Minister for Foreign Affairs of the Government of the Republic of
Vietnam, the Minister for Foreign Affairs of the Government of the Democratic Republic
of Vietnam and the Minister for Foreign Affairs of the Provisional
Revolutionary Government of the Republic of South Vietnam. The Protocol shall
be strictly implemented by all the parties concerned.
Trang 416, JCS and the War in
Vietnam, 1971–1973
DONE in Paris this twenty-seventh
day of January, One Thousand Nine Hundred and Seventy-Three, in Vietnamese and
English. The Vietnamese and English texts are official and equally authentic.
For the Government of the For the Government of
the
United States of America Democratic Republic of Vietnam
William P. Rogers Nguyen
Duy Trinh
Secretary of State
Minister
for Foreign Affairs
Protocol on the
International Commission of Control and Supervision
Protocol to the Agreement on Ending
the War and Restoring Peace in Vietnam Concerning the International Commission
of Control and Supervision The parties participating in the Paris Conference on
Vietnam, In implementation of Article 18 of the Agreement on Ending the War and
Restoring Peace in Vietnam signed on this date providing for the formation of
the International Commission of Control and Supervision,
Have agreed as follows:
Article 1
The implementation of the Agreement
is the responsibility of the parties signatory to the Agreement. The functions
of the International Commission are to control and supervise the implementation
of the provisions mentioned in Article 18 of the Agreement. In carrying out
these functions, the International Commission shall:
(a) Follow the implementation of
the above mentioned provisions of the Agreement through communication with the
parties and on-the-spot observation at the places where this is required;
(b) Investigate violations of the
provisions which fall under the control and supervision of the Commission;
(c) When necessary, cooperate with
the Joint Military Commissions in deterring and detecting violations of the
above-mentioned provisions.
Article 2
The International Commission shall
investigate violations of the provisions described in Article 18 of the
Agreement on the request of the Four-Party Joint
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