Agreement on Ending the War and Restoring
Peace in Vietnam,
signed in Paris and entered into force January 17, 1973.
(Text from TIAS 7542 (24 UST 4-23))
AGREEMENT ON ENDING THE WAR AND RESTORING
PEACE IN VIET-NAM
The Parties participating in the Paris
Conference on Viet-Nam
With a view to
ending the war and restoring peace in Viet-Nam 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 1
The United
States and all other countries respect the independence,
sovereignty, unity, and territorial integrity of Viet-Nam as
recognized by the 1954 Geneva Agreements on Viet-Nam.
Chapter II
CESSATION OF
HOSTILITIES - WITHDRAWAL OF TROOPS,
Article 2
A cease-fire
shall be observed throughout South Viet-Nam as of 2400 hours
G.M.T. [Greenwich Mean Time], 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 Viet-Nam 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
Viet-Nam. The United States will remove, permanently
deactivate or destroy all the mines in the territorial
waters, ports, harbors, and waterways of North Viet-Nam 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 Viet-Nam 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 Viet-Nam
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 Viet-Nam.
Article 5
Within sixty
days of the signing of this Agreement, there will be a total
withdrawal from South Viet-Nam 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 Viet-Nam 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 Article 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 Viet-Nam.
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.
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 Viet-Nam 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
Viet-Nam 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 Viet-Nam 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 Viet-Nam 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 Viet-Nam, settle all matters of
contention through negotiations, and avoid all armed
conflict.
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 l2
(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 Viet-Nam 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 Viet-Nam 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 Viet-Nam
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 Viet-Nam in the future shall come under the
authority of the government set up after the general
elections in South Viet-Nam provided for in Article 9 (b).
Chapter V
THE
REUNIFICATION OF VIET-NAM AND THE RELATIONSHIP BETWEEN NORTH
AND SOUTH VIET-NAM
Article 15
The
reunification of Viet-Nam shall be carried out step by step
through peaceful means on the basis of discussions and
agreements between North and South Viet-Nam, without
coercion or annexation by either party, and without foreign
interference. The time for reunification will be agreed upon
by North and
South Viet-Nam-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 Viet-Nam shall respect the
Demilitarized Zone on either side of the Provisional
Military Demarcation Line.
(c)
North and South Viet-Nam 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 Viet-Nam 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 Viet-Nam.
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
Viet-Nam 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 Viet-Nam;
- 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 Viet-Nam;
- Article 5, regarding the withdrawal from
South Viet-Nam 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 Viet-Nam 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 Viet-Nam, 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 Viet-Nam, when
the Four-Party Joint Military Commission has
ended its activities;
- Article 7, regarding the prohibition of
the introduction of troops into South
Viet-Nam 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 Viet-Nam;
- Article 1 3, 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 Viet-Nam,
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 Viet-Nam;
- 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 Viet-Nam;
- Article 5, regarding the withdrawal from
South Viet-Nam 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 Viet-Nam 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 Viet-Nam, 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 Viet-Nam, when
the Four-Party Joint Military Commission has
ended its activities;
- Article 7, regarding the prohibition of
the introduction of troops into South
Viet-Nam 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 Viet-Nam;
- Article 9 (b), regarding the free and
democratic general elections in South
Viet-Nam;
- 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
Viet-Nam.
(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 cease-fire comes into
force in Viet-Nam. 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 Viet-Nam 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 Viet-Nam, 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 Viet-Nam, on behalf of
the parties participating in the Paris Conference on
Viet-Nam 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 Viet-Nam.
Chapter VII
REGARDING
CAMBODIA AND LAOS
Article 20
(a) The
parties participating in the Paris Conference on
Viet-Nam shall strictly respect the 1954 Geneva
Agreements on Cambodia's and the 1954 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
Viet-Nam 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 VIET-NAM
Article 21
The United
States anticipates that this Agreement will usher in an era
of reconciliation with the Democratic Republic of Viet-Nam
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 Viet-Nam and throughout
Indochina.
Article 22
The ending of
the war, the restoration of peace in Viet-Nam, 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 Republic of Viet-Nam on the basis of respect for
each other's independence and sovereignty, and
non-interference in each other's internal affairs. At the
same time this will ensure stable peace in Viet-Nam 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 Viet-Nam. 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 English and Vietnamese. The
English and Vietnamese texts are official and equally
authentic.
FOR THE
GOVERNMENT OF THE FOR THE GOVERNMENT OF THE UNITED STATES OF
AMERICA: REPUBLIC OF VIET-NAM:
(Signed):
(Signed):
William P.
Rogers Tran Van Lam
Secretary of State Minister for Foreign Affairs
FOR THE
GOVERNMENT OF THE FOR THE PROVISIONAL DEMOCRATIC REPUBLIC
REVOLUTIONARY GOVERNMENT OF VIET-NAM: OF THE REPUBLIC OF
SOUTH VIET-NAM:
(Signed):
(Signed):
Nguyen Duy Trinh
Nguyen Thi Binh
Minister for Foreign Affairs Minister for Foreign Affairs
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