No. 13295 (a) UNITED STATES OF AMERICA, DEMOCRATIC

No.

13295

(a)

UNITED

STATES

OF

AMERICA,

DEMOCRATIC REPUBLIC

OF

VIET-NAM,

PROVISIONAL

REVOLUTIONARY

GOVERNMENT

OF

THE

REPUBLIC

OF

SOUTH

VIET-NAM

and

REPUBLIC

OF

VIET-NAM

Agreement

on

ending

the

war

and

restoring

peace in

Viet-Nam.

Signed

at

Paris

on

27

January

1973

Authentic

texts

:

English

and

Vietnamese.

(A)

UNITED

STATES

OF

AMERICA

and

DEMOCRATIC

REPUBLIC OF

VIET-NAM

Agreement

on

ending

the

war

and

restoring

peace

in

Viet-Nam.

Signed

at

Paris

on

27

January

1973

Authentic

texts

:

English

and

Vietnamese.

Registered

by

the

United

States

of

America

on

13

May

1974.

(ab)

CAMBODIA,

DEMOCRATIC

REPUBLIC

OF

VIET-NAM,

FRANCE,

LAOS,

PEOPLE'S

REPUBLIC

OF

CHINA,

STATE

OF

VIET-NAM,

UNION

OF

SOVIET

SOCIALIST

REPUBLICS,

UNITED

KINGDOM

OF

GREAT

BRITAIN

AND

NORTHERN

IRELAND

and

UNITED

STATES

OF

AMERICA

Final Declaration

of

the

Geneva Conference

on

the

problem

of

restoring

peace

in

Indo-China

(with

(1)

declarations

by

Cambodia,

France,

Laos,

the

State

of

Viet-Nam

and

the

United

States

of

America;

(2)

the Agreement

on

the

cessation

of

hostilities

in

Viet-Nam

between the

Commander-in-Chief

of

the

People's

Army

of

Viet-Nam

and

the

Commander-in-Chief

of

the

French

Union

Forces

in

Indo-China,

signed

at

Geneva

on

20

July

1954

(with

maps);

(3)

the

Agreement

on

the

cessa

tion

of

hostilities

in

Laos

between

the

Commander-in-Chief

of

the

forces

of

the

French

Union

in

Indo-China,

on

the

one

hand,

and

the

Commanders-in-Chief

of

the

fighting

units

of

"

Pathet-

Lao

' '

and

of

the

People's

Army

of

Viet-Nam,

on

the

other

hand,

done

at

Geneva

on

20

July

1954,

and

(4)

the

Agreement

on

the

cessation

of

hostilities

in Cambodia

between

the

Commander-

in-Chief

of

the

Khmer

National

Armed

Forces,

on

the

one

hand,

and

the

Commanders-in-chief

of

the

Khmer

Resistance

Forces

and

of

the

Viet-Namese

Military

Units,

on

the

other

hand,

done

at

Geneva

on

20

July

1954).

Done

at

Geneva

on

21

July

1954

Authentic

text

of

the

Final

Declaration

:

French.

Authentic

texts

of

the

:

French

and

English.

Authentic

texts

of

the

Agreement

on

the

cessation

of

hostilities

in

Viet-Nam

:

French

and

Vietnamese.

Authentic

texts

of

the

Agreements

on

the

cessation

of

hostilities

in

Laos

and

in

Cambodia

:

French.

Texts

communicated

on 15

January

1975

to

the

Secretariat

by

the

Government

of

the

United

States

of

America,

for

the

purpose

of

information

and

in

connexion

with

the

registration

of

the

Paris

agreements

of

27

January

1973.

(Maps

Nos.

1

to

6

annexed

to

the

Agreement

on

the

cessation

of

hostilities

in

Viet-Nam

were

supplied

by

the

French

Government.)

No.

13295

United

Nations

—

Treaty

Series

1974

AGREEMENT

1

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.

2

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.,

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.

1

Came

into

force on

27

January

1973

by

signature,

in

accordance

with

article

23.

z

See

p.

95

of

this

volume.

No.

13295

1974

Nations

Unies

—

Recueil

des

Traités

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

pro

hibited;

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

asso

ciated

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.

N

J3295

United

Nations

—

Treaty

Series

1974

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

Viet

namese

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.

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

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.

1

The

two

South

Vietnam

ese

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.

1

See

p.

149

of

this

volume.

No.

13295

1974

Nations

Unies

—

Recueil

des

Traités

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

12

(a)

Immediately

after

the

cease-fire,

the

two

South

Vietnamese

parties

shall

hold

consultations

in

a

spirit

of

national

reconciliation

and

concord,

N°

13295

1974

Nations

Unies

—

Recueil

des

Traités

11

Chapter

V

THE

REUNIFICATION

OF

VlET-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.

1

(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

re-establishing

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.

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

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

US

forces

and

those

of

the

other

foreign

countries

referred

to in

that

Article;

1

See

p.

95

of

this

volume.

N

13295

12_________

United

Nations

—

Treaty

Series

________1974

Article

3

(c),

regarding

the

cease-fire

between

all

parties

in

South

Viet-Nara;

Article

5,

regarding

the

withdrawal

from

South

Viet-Nam

of

US

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

informa

tion

about

those military

personnel

and

foreign

civilians

of

the

parties

missing

in

action.

( )

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

US

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

(d)

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

Commis

sion

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

;

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—

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13

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

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

Super

vision

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

US

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

US

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

Commis

sion

has

ended

its

activities;

N

13295

1974

Nations

Unies

—

Recueil

des

Traités

13

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

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

Super

vision

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

US

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

US

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

Commis

sion

has

ended

its

activities;

N

13295

14_________

United

Nations

—

Treaty

Series

________1974

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

( ),

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.

(/)

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

tbk

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.

No.

13295

1974

Nations

Unies

—

Recueil

des

Traités

17

For

thé

Government

For

thé

Government

of

the

United

States

of

America

:

of

the

Republic

of

Viet-Nam

:

[Signed]

WILLIAM

P.

ROGERS

TRAN

VAN

LAM

Secretary

of

State

Minister

for

Foreign

Affairs

N"

13295

16

United

Nations

—

Treaty

Series

1974

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

con

tribute

to

the

preservation

of

lasting

peace

in

Indochina

and

Southeast

Asia.

Chapter

IX

OTHER

PROVISIONS

Article

23

This

Agreement

shall

entenJnto

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

Proto

cols.

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.

No.

13295

1974

Nations

Unies

—

Recueil

des

Traités

17

For

thé

Government

For

thé

Government

of

the

United

States

of

America

:

of

the

Republic

of

Viet-Nam

:

[Signed]

WILLIAM

P.

ROGERS

TRAN

VAN

LAM

Secretary

of

State

Minister

for

Foreign

Affairs

N"

13295

18

United

Nations

—

Treaty

Series

1974

For

the

Government

For

the

Provisional

of

the

Democratic

Republic

Revolutionary Government

of

Viet-Nam

:

of

the

Republic

of

South

Viet-Nam

:

[Signed]

NGUYEN

DUY

TRINH

NGUYEN

THI

BINH

Minister

for

Foreign

Affairs

Minister

for

Foreign

Affairs

No.

13295

1974

Nations

Unies

—

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Traités

55

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,

in

alienable,

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

12

(a)

Immediately

after the

cease-fire,

the

two

South

Vietnamese

parties

shall

hold

consultations

in

a

spirit

of

national

reconciliation

and

concord,

N°

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Nations

Unies

—

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Traités

53

thé

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.

(è)

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

pro-

,

hibited;

—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

para

military

organizations

and

the

police

force

will

also

be

withdrawn

within

the

same

period

of

time.

N°

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54_________

United

Nations

—

Treaty

Series

_______1974

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

Articles

9

(è)

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

super

vision

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.

(6)

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.

1

The

two

South

Vietnam

ese

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

1

See

p.

149

of

this

volume.

No.

13295

1974

Nations

Unies

—

Recueil

des

Traités

55

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,

in

alienable,

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

12

(a)

Immediately

after the

cease-fire,

the

two

South

Vietnamese

parties

shall

hold

consultations

in

a

spirit

of

national

reconciliation

and

concord,

N°

13295

56

United

Nations

—

Treaty

Series

1974

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

accom

plish

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

Recon

ciliation

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).

No.

13295

1974

Nations

Unies

—

Recueil

des

Traités

61

thirty

days

of

the

signing

of

this

Agreement

to

acknowledge

the

signed

agree

ments

;

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

serf-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

1

and

the

1962

Geneva

Agreements

on

Laos,

2

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,

muni

tions

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.

1

See

p.

185

of

this

volume.

2

United

Nations,

Treaty

Series,

vol.

456,

p.

301.

N°

13295

58

United

Nations

—

Treaty

Series

1974

—Article

3

(c),

regarding

the

cease-fire

between

all

parties

in

South

Viet-Nam;

—Article

5,

regarding

the

withdrawal

from

South

Viet-Nam.

of

US

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

(è),

regarding

the

mutual

assistance

of

the

parties

in

getting

infor

mation

about

those

military

personnel

and

foreign

civilians

of

the

parties

missing

in

action.

(b)

The

Four-Party

Joint

Military

Commission

shall

operate

in

accord

ance

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

US

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

Commis

sion

has

ended

its activities;

—Article

3

(£),

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

13,

regarding

the

reduction

of

the

military

effectives

of

the

two

South

Vietnamese

parties

and

the

demobilization

of

the

troops

being

reduced.

No.

13295

1974

Nations

Unies

—

Recueil

des

Traités

59

(è)

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

Super

vision

will

report

to

the

four

parties

on

matters

concerning

the

control

and

supervision

of

the

implementation

of

the

following

provisions

of

this

Agree

ment

:

—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

US

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

US

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

Com

mission

has

ended

its

activities

;

—Article

3

(b),

regarding

the

cease-fire

between

the

two

South

Vietnamese

parties;

N

0

13295

60

United

Nations

—

Treaty

Series

1974

—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.

(/)

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

No.

13295

1974

Nations

Unies

—

Recueil

des

Traités

61

thirty

days

of

the

signing

of

this

Agreement

to

acknowledge

the

signed

agree

ments

;

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

serf-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

1

and

the

1962

Geneva

Agreements

on

Laos,

2

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,

muni

tions

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.

1

See

p.

185

of

this

volume.

2

United

Nations,

Treaty

Series,

vol.

456,

p.

301.

N°

13295

1974

Nations

Unies

—

Recueil

des

Traités

101

as

long

as

its

security

is

not

threatened,

the

obligation

to

establish

bases

on

Cambodian

territory

for

the

military

forces

of

foreign

powers.

The Royal

Government

of

Cambodia

is

resolved

to

settle

its

international

disputes

by

peaceful

means,

in

such

a

manner

as

not

to

endanger

peace,

international

security

and

justice.

During

the

period

which

will

elapse between

the

date

of

the

cessation

of

hostilities

in

Viet-Nam

and

that

of

the

final

settlement

of

political

problems

in

this

country,

the

Royal

Government

of

Cambodia

will

not

solicit

foreign aid

in

war

material,

personnel

or

instructors

except

for

the

purpose

of

the

effective

defence

of

the

territory.

DECLARATION

BY

THE

REPRESENTATIVE

OF

THE

UNITED

STATES

OF

AMERICA

The

Government

of

the United

States

being

resolved

to

devote

its

efforts

to

the

strengthening

of

peace

in

accordance

with

the

principles

and purposes

of

the

United

Nations

TAKES

NOTE

of

the

Agreements

concluded

at

Geneva

on

July

20

and

21,

1954

between

the

(a)

Franco-Laotian

Command

and

the

Command

of

the

Peoples

Army

of

Viet-Nam

;

(b)

The Royal

Khmer

Army

Command

and

the

Command

of

the

Peoples

Army

of

Viet-Nam;

(c)

Franco-Vietnamese Command

and

the

Command

of

the

Peoples

Army

of

Viet-Nam

and

of

paragraphs

1

to

12

inclusive

of

the

Declaration

presented

to

the

Geneva

Conference

on

July

21,

1954

DECLARES

with

regard

to

the

aforesaid Agreements

and

paragraphs

that

(i)

it

will

refrain

from

the

threat

or

the

use

of

force

to

disturb

them,

in

accordance

with

Art.

2(4)

of

the

Charter

of

the

United

Nations

dealing

with

the

obligation

of

Members

to

refrain

in

their

international

relations

from

the

threat

or

use

of

force

;

and

(ii)

it

would

view

any

renewal

of

the

aggression

in

violation

of

the

aforesaid

agreements

with

grave

concern

and

as

seriously

threatening

international

peace

and

security.

DECLARATION

BY

THE

GOVERNMENT

OF

THE

FRENCH

REPUBLIC

(Reference:

Article

10

of

the

Final

Declaration)

[TRANSLATION

1

—

TRADUCTION

2

]

The

Government

of

the

French

Republic

declares

that

it

is

ready

to

withdraw

its

troops

from

the

territory

of

Cambodia,

Laos

and

Viet-Nam,

at

the

request

of

the

1

Translation

supplied

by

the

Government

of

the

United

States

of

America

(Doc. IC/48

of

the

Geneva

Conference

on

the

problem

of

restoring

peace

in

Indo-China).

2

Traduction

fournie

par

le

Gouvernement

des

Etats-Unis

d'Amérique

(Doc. IC/48

de

la

Conférence

de

Genève

sur

le

problème

du

rétablissement

de

la

paix

en

Indochine).

N°

13295

1974

Nations

Unies

—

Recueil

des

Traités

63

DONE

in

Paris

this

twenty-seventh

day

of

January,

one

thousand

nine

hundred

and

seventy-three,

in

English

and

Vietnamese.

The

English

and

Viet

namese texts

are

official

and

equally

authentic.

For

the

Government

For

the

Government

of

the

United

States

of

America

:

of

the

Democratic

Republic

of

Viet-Nam

:

[Signed] [Signed]

WILLIAM

P.

ROGERS

NGUYEN

DUY

TRINH

Secretary

of

State

Minister

for

Foreign

Affairs

N°

13295

1974

Nations

Unies

—

Recueil

des

Traités

95

[TRANSLATION

1

—

TRADUCTION

2

]

FINAL

DECLARATION,

DATED

THE

21sT

JULY,

1954,

OF

THE

GENEVA

CONFERENCE

ON

THE

PROBLEM

OF

RESTORING

PEACE

IN

INDO-CHINA,

IN

WHICH

THE

REPRESENTA

TIVES

OF

CAMBODIA,

THE

DEMOCRATIC

REPUBLIC

OF

VIET-NAM,

FRANCE,

LAOS,

THE

PEOPLE'S

REPUBLIC

OF

CHINA,

THE

STATE

OF

VIET-NAM,

THE

UNION

OF

SOVIET

SOCIALIST

REPUBLICS,

THE

UNITED

KINGDOM,

AND

THE

UNITED

STATES

OF

AMERICA

TOOK

PART

1.

The

Conference

takes

note

of

the

agreements

ending

hostilities

in

Cambodia,

Laos

and

Viet-Nam

and

organizing

international

control

and

the

supervision

of

the

execution

of

the

provisions

of

these

agreements.

2.

The

Conference

expresses

satisfaction

at

the

ending

of

hostilities

in

Cambodia,

Laos

and

Viet-Nam

;

the

Conference

expresses

its

conviction

that

the

execution

of

the

provisions

set

out

in

the

present

declaration

and

in

the

agreements

on

the

cessation

of

hostilities

will

permit

Cambodia,

Laos

and

Viet-Nam

henceforth

to

play

their

part,

in

full

independence

and

sovereignty,

in

the

peaceful

community

of

nations.

3.

The

Conference

takes

note

of

the

declarations

made

by

the

Governments

of

Cambodia

and

of

Laos

of

their

intention

to

adopt

measures

permitting

all

citizens

to

take

their

place

in

the

national

community,

in

particular

by

participating

in

the

elections,

which,

in

conformity

with

the

constitution

of

each

of

these

countries,

shall

take

place

in

the

course

of

the

year

1955,

by

secret

ballot and

in

conditions

of

respect

for

fundamental

freedoms.

4.

The

Conference

takes

note

of

the

clauses

in

the

agreement

on

the

cessation

of

hostilities

in

Viet-Nam

prohibiting

the

introduction

into

Viet-Nam

of

foreign

troops

and

military

personnel

as

well

as

of

all kinds

of

arms

and

munitions. The

Conference

also

takes

note

of

the

declarations

made

by

the

Governments

of

Cambodia

and

Laos

of

their

resolution

not

to

request

foreign

aid,

whether

in

war

material,

in

personnel

or

in

instructors

except

for

the

purpose

of

the

effective

defence

of

their

territory

and,

in

the

case

of

Laos,

to

the extent

defined

by

the

agreements

on

the

cessation

of

hostilities

in

Laos.

5.

The

Conference

takes

note

of

the

clauses

in

the

agreement

on

the

cessation

of

hostilities

in

Viet-Nam

to

the

effect

that

no

military

base

under

the

control

of

a

foreign

State

may

be

established

in

the

regrouping

zones

of

the

two

parties,

the

latter

having

the

obligation

to

see

that

the

zones

allotted

to

them

shall

not

constitute

part

of

any

military

alliance

and

shall

not

be

utilized

for

the

resumption

of

hostilities

or

in

the

service

of

an

aggressive

policy.

The

Conference

also

takes

note

of

the

declarations

of

the

Governments

of

Cambodia

and

Laos

to

the

effect

that

they

will

not

join

in

any

agreement

with

other

States

if

this

agreement

includes

the obligation

to

participate

in

1

Translation

supplied

by

the

Government

of

the

United

States

of

America

(Doc.

IC/43/Rev.2

of

the

Geneva

Conference

on

the

problem

of

restoring

peace

in

Indo-China).

2

Traduction

fournie

par

le

Gouvernement

des

Etats-Unis

d'Amérique

(Doc.

IC/43/Rev.

2

de

la

Conférence

de

Genève

sur

le

problème

du

rétablissement

de

la

paix

en

Indochine).

N°

13295

150

United

Nations

—

Treaty

Series

1974

All

coastal

islands

north

of

this

boundary

shall

be

evacuated

by

the

armed

forces

of

the

French

Union, and

all

islands

south

of

it

shall be

evacuated

by

the

forces

of

the

People's

Army

of

Viet-Nam.

Article

5

To

avoid

any

incidents

which

might

result

in

the

resumption

of

hostilities,

all

military

forces,

supplies

and

equipment

shall

be

withdrawn

from

the

demilitarized

zone

within

twenty-five

(25)

days

of

the

present

Agreement's

entry

into

force.

Article

6

No

person,

military

or

civilian,

shall be

permitted

to

cross

the

provisional

military

demarcation

line unless

specifically

authorized

to

do

so

by

the

Joint

Com

mission.

Article

7

No

person,

military

or

civilian,

shall

be

permitted

to

enter

the

demilitarized

zone

except

persons

concerned

with

the

conduct

of

civil

administration

and

relief

and

persons

specifically

authorized

to

enter

by

the

Joint

Commission.

Article

8

Civil

administration

and

relief

in

the

demilitarized

zone

on either

side

of

the

provisional

military

demarcation

line

shall be

the

responsibility

of

the

Commanders-

in-chief

of

the

two

parties

in

their

respective zones.

The

number

of

persons,

military

or

civilian,

from

each

side

who

are

permitted

to

enter

the

demilitarized

zone

for

the

conduct

of

civil

administration

and

relief

shall

be

determined

by

the

respective

Commanders,

but

in

no

case

shall

the

total

number

authorized

by

either

side

exceed

at

any

one

time

a

figure

to

be

determined

by

the Trung

Gia

Military

Commission

or

by

the

Joint

Commission.

The

number

of

civil

police

and

the

arms

to

be

carried

by

them

shall

be

determined

by

the

Joint

Commission.

No

one

else

shall

carry

arms

unless

specifically

authorized

to

do

so

by

the

Joint

Commission.

Article

9

Nothing

contained

in

this

chapter

shall

be

construed

as

limiting

the

complete

freedom

of

movement,

into,

out

of

or

within

the

demilitarized

zone,

of

the

Joint

Commission,

its

joint

groups,

the

International

Commission

to

be

set

up

as

indicated

below,

its

inspection

teams

and

any

other

persons,

supplies

or

equipment

specifically

authorized

to

enter

the

demilitarized

zone

by

the

Joint

Commission.

Freedom

of

movement

shall

be

permitted

across

the

territory

under

the

military

control

of

either

side

over any

road or

waterway

which

has

to

be

taken

between

points

within

the

demilitarized

zone

when

such

points

are

not

connected

by

roads

or

waterways

lying

completely

within

the

demilitarized

zone.

No.

13295

1974

Nations

Unies

—

Recueil

des

Traités

99

Geneva

Conference

undertakes

to respect

the

sovereignty,

the

independence,

the

unity

and

the

territorial

integrity

of

the

above-mentioned

states,

and

to

refrain

from

any

interference

in

their

internal

affairs.

13.

The

members

of

the

Conference

agree

to

consult

one

another

on

any

question

which

may

be

referred

to

them

by

the

International

Supervisory

Commission,

in

order

to

study

such

measures

as

may

prove

necessary

to

ensure

that

the

agreements

on

the

cessation

of

hostilities

in

Cambodia,

Laos

and

Viet-Nam

are

respected.

DECLARATION

BY

THE

ROYAL

GOVERNMENT

OF

CAMBODIA

(Reference

:

Article

3

of

the

Final

Declaration)

[TRANSLATION

1

—

TRADUCTION

2

]

The Royal

Government

of

Cambodia,

In

the

desire

to

ensure

harmony

and

agreement

among

the

peoples

of

the

Kingdom,

Declares

itself

resolved

to

take

the

necessary

measures

to

integrate

all

citizens,

without

discrimination,

into

the

national

community

and

to guarantee

them

the

enjoyment

of

the

rights

and

freedoms

for

which

the

Constitution

of

the

Kingdom

provides;

Affirms

that

all

Cambodian

citizens

may

freely

participate

as

electors

or

candi

dates

in

general

elections

by

secret

ballot.

DECLARATION

BY

THE

ROYAL

GOVERNMENT

OF

CAMBODIA

(Reference

:

articles

4

and

5

of

the

Final

Declaration)

[TRANSLATION

3

—

TRADUCTION

4

]

The

Royal

Government

of

Cambodia

is

resolved

never

to

take

part

in

an

aggres

sive

policy

and

never

to permit

the

territory

of

Cambodia

to

be

utilised in

the

service

of

such

a

policy.

The

Royal

Government

of

Cambodia

will

not

join

in

any

agreement

with

other

states,

if

this

agreement

carries

for

Cambodia

the

obligation

to

enter

into

a

military

alliance

not

in

conformity

with

the

principles

of

the

Charter

of

the

United Nations,

or,

1

Translation

supplied

by

the

Government

of

the

United

States

of

America

(Doc.

IC/44/Rev.

1

of

the

Geneva

Conference

on

the

problem

of

restoring

peace

in

Indo-China).

2

Traduction

fournie

par

le

Gouvernement

des

Etats-Unis

d'Amérique

(Doc.

IC/44/Rev.

1

de

la

Conférence

de

Genève

sur

le

problème

du

rétablissement

de

la

paix

en

Indochine).

3

Translation

supplied

by

the Government

of

the

United

States

of

America

(Doc.

IC/46/Rev.

2

of

the

Geneva

Conference

on

the

problem

of

restoring

peace in

Indo-China).

4

Traduction

fournie

par

le

Gouvernement

des

Etats-Unis

d'Amérique

(Doc.

IC/46/Rev.

2

de

la

Conférence

de

Genève

sur

le

problème

du

rétablissement

de

la

paix

en

Indochine).

N»

13295

1974

Nations

Unies

—

Recueil

des

Traités

101

as

long

as

its

security

is

not

threatened,

the

obligation

to

establish

bases

on

Cambodian

territory

for

the

military

forces

of

foreign

powers.

The Royal

Government

of

Cambodia

is

resolved

to

settle

its

international

disputes

by

peaceful

means,

in

such

a

manner

as

not

to

endanger

peace,

international

security

and

justice.

During

the

period

which

will

elapse between

the

date

of

the

cessation

of

hostilities

in

Viet-Nam

and

that

of

the

final

settlement

of

political

problems

in

this

country,

the

Royal

Government

of

Cambodia

will

not

solicit

foreign aid

in

war

material,

personnel

or

instructors

except

for

the

purpose

of

the

effective

defence

of

the

territory.

DECLARATION

BY

THE

REPRESENTATIVE

OF

THE

UNITED

STATES

OF

AMERICA

The

Government

of

the United

States

being

resolved

to

devote

its

efforts

to

the

strengthening

of

peace

in

accordance

with

the

principles

and purposes

of

the

United

Nations

TAKES

NOTE

of

the

Agreements

concluded

at

Geneva

on

July

20

and

21,

1954

between

the

(a)

Franco-Laotian

Command

and

the

Command

of

the

Peoples

Army

of

Viet-Nam

;

(b)

The Royal

Khmer

Army

Command

and

the

Command

of

the

Peoples

Army

of

Viet-Nam;

(c)

Franco-Vietnamese Command

and

the

Command

of

the

Peoples

Army

of

Viet-Nam

and

of

paragraphs

1

to

12

inclusive

of

the

Declaration

presented

to

the

Geneva

Conference

on

July

21,

1954

DECLARES

with

regard

to

the

aforesaid Agreements

and

paragraphs

that

(i)

it

will

refrain

from

the

threat

or

the

use

of

force

to

disturb

them,

in

accordance

with

Art.

2(4)

of

the

Charter

of

the

United

Nations

dealing

with

the

obligation

of

Members

to

refrain

in

their

international

relations

from

the

threat

or

use

of

force

;

and

(ii)

it

would

view

any

renewal

of

the

aggression

in

violation

of

the

aforesaid

agreements

with

grave

concern

and

as

seriously

threatening

international

peace

and

security.

DECLARATION

BY

THE

GOVERNMENT

OF

THE

FRENCH

REPUBLIC

(Reference:

Article

10

of

the

Final

Declaration)

[TRANSLATION

1

—

TRADUCTION

2

]

The

Government

of

the

French

Republic

declares

that

it

is

ready

to

withdraw

its

troops

from

the

territory

of

Cambodia,

Laos

and

Viet-Nam,

at

the

request

of

the

1

Translation

supplied

by

the

Government

of

the

United

States

of

America

(Doc. IC/48

of

the

Geneva

Conference

on

the

problem

of

restoring

peace

in

Indo-China).

2

Traduction

fournie

par

le

Gouvernement

des

Etats-Unis

d'Amérique

(Doc. IC/48

de

la

Conférence

de

Genève

sur

le

problème

du

rétablissement

de

la

paix

en

Indochine).

N°

13295

1974

Nations

Unies

—

Recueil

des

Traités

103

Governments

concerned

and

within

a

period

which

shall

be

fixed

by

agreement

between

the

parties,

except

in

the

cases

where,

by

agreement

between

the

two

parties,

a

certain

number

of

French

troops

shall

remain

at

specified

points

and

for

a

specified

time.

DECLARATION

BY

THE

GOVERNMENT

OF

THE

FRENCH

REPUBLIC

(Reference

:

Article

11

of

the

Final Declaration)

[TRANSLATION

1

—

TRADUCTION

2

]

For

the

settlement

of

all

the

problems

connected

with

the

re-establishment

and

consolidation

of

peace

in

Cambodia,

Laos

and

Viet-Nam,

the

French Government

will

proceed

from

the

principle

of

respect

for

the

independence

and

sovereignty,

the

unity

and

territorial

integrity

of

Cambodia,

Laos

and

Viet-Nam.

DECLARATION

BY

THE

ROYAL

GOVERNMENT

OF

LAOS

(Reference

:

Article

3

of

the

Final

Declaration)

[TRANSLATION

3

—

TRADUCTION*]

The

Royal

Government

of

Laos,

In

the

desire

to

ensure

harmony

and

agreement

among

the

peoples

of

the

Kingdom,

Declares

itself

resolved

to

take

the

necessary

measures

to integrate

all

citizens,

without

discrimination,

into

the

national

community

and

to

guarantee

them

the

enjoyment

of

the

rights

and

freedoms

for

which

the

Constitution

of

the

Kingdom

provides;

Affirms

that

all

Laotian

citizens

may

freely

participate

as

electors

or

candidates

in

general

elections

by

secret

ballot;

Announces,

furthermore,

that

it

will

promulgate

measures to

provide

for

special

representation

in

the

Royal

Administration

of

the

provinces

of

Phang

Saly

and

Sam

Neua

during

the

interval

between

the

cessation

of

hostilities

and

the

general

elections

of

the

interests

of

Laotian

nationals

who

did

not

support

the

Royal

forces

during

hostilities.

1

Translation

supplied

by

the

Government

of

the

United

States

of

America

(Doc.

IC/49/Rev.

1

of

the

Geneva Conference

on

the

problem

of

restoring

peace

in

Indo-China).

2

Traduction

fournie

par

le

Gouvernement

des

Etats-Unis

d'Amérique

(Doc.

IC/49/Rev.

1

de

la

Conférence

de

Genève

sur

le

problème

du

rétablissement

de la

paix

en

Indochine).

3

Translation

supplied

by

the

Government

of

the

United

States

of

America

(Doc.

IC/45/Rev.

1

of

the

Geneva

Conference

on

the

problem,

of

restoring

peace

in

Indo-China).

4

Traduction

fournie

par

le

Gouvernement

des

Etats-Unis

d'Amérique

(Doc.

IC/45/Rev.

1

de

la

Conférence

de

Genève

sur

le

problème

du

rétablissement

de

la

paix

en

Indochine).

N°

13295

1974

Nations

Unies

—

Recueil

des

Traités

105

DECLARATION

OF

THE

ROYAL GOVERNMENT

OF

LAOS

(Articles

4

and

5

of

the

Final

Declaration)

[TRANSLATION

1

—

TRADUCTION

2

]

The

Royal

Government

of

Laos

is

resolved

never

to

pursue

a

policy

of

aggression

and

will

never

permit

the

territory

of

Laos

to

be

used

in

furtherance

of

such

a

policy.

The

Royal

Government

of

Laos

will

never

join

in

any

agreement

with

other

States

if

this

agreement

includes

the obligation

for

the

Royal

Government

of

Laos

to

participate

in

a

military

alliance

not

in

conformity

with

the

principles

of

the

Charter

of

the

United

Nations

or

with

the

principles

of

the

agreement

on

the

cessation

of

hostilities

or,

unless

its

security

is

threatened,

the obligation

to

establish

bases

on

Laotian territory

for

military

forces

of

foreign

powers.

The

Royal

Government

of

Laos

is

resolved

to

settle

its

international

disputes

by

peaceful

means

so

that

international

peace

and

security

and

justice

are

not

endangered.

During

the

period

between

the

cessation

of

hostilities

in

Viet-Nam

and

the

final

settlement

of

that

country's

political

problems,

the

Royal

Government

of

Laos

will

not

request

foreign

aid,

whether

in

war

material,

in

personnel

or

in

instructors,

except

for

the

purpose

of

its

effective

territorial

defence

and

to

the

extent

defined

by

the

agreement

on

the

cessation

of

hostilities.

PROPOSAL

FOR

INSERTION

IN

THE

FINAL

ACT,

SUBMITTED

BY

THE

DELEGATION

OF

THE

STATE

OF

VIET-NAM

»

[TRANSLATION

3

—

TRADUCTION

4

]

The

Conference

takes

note

of

the

declaration

of

the

Government

of

the

State

of

Viet-Nam

to

the

effect

that

it

undertakes

:

—

To

make and

to

support

every

effort

for

the

restoration

of

peace

in

Viet-Nam

;

—

Not

to

use

force

to

oppose

the

agreed

procedure

for

execution

of

the

cease-fire,

despite

the

objections

and

reservations

it

has

expressed,

in

particular

in

its

final

statement.

1

Translation

supplied

by

the

Government

of

the

United

States

of

America

(Doc.

IC/47/Rev.

1

of

the

Geneva

Conference

on

the

problem

of

restoring

peace

in

Indo-China).

2

Traduction

fournie

par

le

Gouvernement

des

Etats-Unis

d'Amérique

(Doc.

IC/47/

Rev.

1

de la

Conférence

de

Genève

sur

le

problème

du

rétablissement

de

la

paix

en

Indochine).

3

Translation

supplied

by

the

Government

of

the

United

States

of

America (Doc,

IC/53

of

the

Geneva

Conference

on

the

problem

of

restoring

peace

in

Indo-China).

4

Traduction

fournie

par

le

Gouvernement

des

Etats-Unis

d'Amérique

(Doc.

IC/53

de

la

Conférence

de

Genève

sur

le

problème

du

rétablissement

de

la

paix

en

Indochine).

N°

13295

1974______

Nations

Unies

—

Recueil

des

Traités

_______149

[TRANSLATION

1

—

TRADUCTION

2

]

AGREEMENT

3

ON

THE

CESSATION

OF

HOSTILITIES

IN

VIET-NAM

Chapter

I

PROVISIONAL

MILITARY

DEMARCATION

LINE

AND

DEMILITARIZED

ZONE

Article

1

A

provisional

military demarcation

line

shall be

fixed,

on

either

side

of

which

the

forces

of

the

two

parties

shall be

regrouped

after their

withdrawal,

the

forces

of

the

People's

Army

of

Viet-Nam

to

the

north

of

the

line

and

the

forces

of

the

French

Union

to

the

south.

The

provisional

military

demarcation

line

is

fixed

as

shown

on

the

map

attached

(see

Map

No.

I

4

).

It

is

also

agreed

that

a

demilitarized

zone

shall

be

established

on

either

side

of

the

demarcation

line,

to

a

width

of

not

more

than

5

kms.

from

it,

to act

as

a

buffer

zone

and

avoid

any

incidents

which

might

result

in

the

resumption

of

hostilities.

Article

2

The

period

within

which

the

movement

of

all

the

forces

of

either

party

into

its

regrouping

zone

on

either

side

of

the

provisional

military

demarcation

line

shall

be

completed

shall

not

exceed

three

hundred

(300)

days

from

the

date

of

the

present

Agreement's

entry

into

force.

Article

3

When

the

provisional

military

demarcation

line

coincides

with

a

waterway,

the

waters

of

such

waterway

shall

be

open

to

civil

navigation

by

both

parties

wherever

one

bank

is

controlled

by

one

party

and

the

other

bank

by

the

other party

:

The

Joint

Commission

shall

establish

rules

of

navigation

for

the

stretch

of

waterway

in

question.

The merchant

shipping

and

other

civilian

craft

of

each

party

shall have

unrestricted

access

to

the

land

under

its

military

control.

Article

4

The

provisional military

demarcation

line

between

the

two final

regrouping

zones

is

extended

into

the

territorial

waters

by

a

line

perpendicular

to

the

general

line

of

the

coast.

1

Translation

supplied

by

the

Government

of

the

United

States

of

America

(Doc.

IC/42/Rev.

2

of

the Geneva

Conference

on

the

problem

of

restoring

peace

in

Indo-China).

2

Traduction

fournie

par

le

Gouvernement

des

Etats-Unis

d'Amérique

(Doc.

IC/42/Rev.

2

de

la

Conférence

de

Genève

sur

le

problème

du

rétablissement

de

la

paix

en

Indochine).

3

The

Agreement

on

the

cessation

of

hostilities

in

Viet-Nam

came

into

force on

22

July

1954,

in

accordance

with

article

47,

and

subject

to

the

provisions

of

article

11.

*

See

insert

in

a

pocket

at

the

end

of

this

volume.

N°

13295

150

United

Nations

—

Treaty

Series

1974

All

coastal

islands

north

of

this

boundary

shall

be

evacuated

by

the

armed

forces

of

the

French

Union, and

all

islands

south

of

it

shall be

evacuated

by

the

forces

of

the

People's

Army

of

Viet-Nam.

Article

5

To

avoid

any

incidents

which

might

result

in

the

resumption

of

hostilities,

all

military

forces,

supplies

and

equipment

shall

be

withdrawn

from

the

demilitarized

zone

within

twenty-five

(25)

days

of

the

present

Agreement's

entry

into

force.

Article

6

No

person,

military

or

civilian,

shall be

permitted

to

cross

the

provisional

military

demarcation

line unless

specifically

authorized

to

do

so

by

the

Joint

Com

mission.

Article

7

No

person,

military

or

civilian,

shall

be

permitted

to

enter

the

demilitarized

zone

except

persons

concerned

with

the

conduct

of

civil

administration

and

relief

and

persons

specifically

authorized

to

enter

by

the

Joint

Commission.

Article

8

Civil

administration

and

relief

in

the

demilitarized

zone

on either

side

of

the

provisional

military

demarcation

line

shall be

the

responsibility

of

the

Commanders-

in-chief

of

the

two

parties

in

their

respective zones.

The

number

of

persons,

military

or

civilian,

from

each

side

who

are

permitted

to

enter

the

demilitarized

zone

for

the

conduct

of

civil

administration

and

relief

shall

be

determined

by

the

respective

Commanders,

but

in

no

case

shall

the

total

number

authorized

by

either

side

exceed

at

any

one

time

a

figure

to

be

determined

by

the Trung

Gia

Military

Commission

or

by

the

Joint

Commission.

The

number

of

civil

police

and

the

arms

to

be

carried

by

them

shall

be

determined

by

the

Joint

Commission.

No

one

else

shall

carry

arms

unless

specifically

authorized

to

do

so

by

the

Joint

Commission.

Article

9

Nothing

contained

in

this

chapter

shall

be

construed

as

limiting

the

complete

freedom

of

movement,

into,

out

of

or

within

the

demilitarized

zone,

of

the

Joint

Commission,

its

joint

groups,

the

International

Commission

to

be

set

up

as

indicated

below,

its

inspection

teams

and

any

other

persons,

supplies

or

equipment

specifically

authorized

to

enter

the

demilitarized

zone

by

the

Joint

Commission.

Freedom

of

movement

shall

be

permitted

across

the

territory

under

the

military

control

of

either

side

over any

road or

waterway

which

has

to

be

taken

between

points

within

the

demilitarized

zone

when

such

points

are

not

connected

by

roads

or

waterways

lying

completely

within

the

demilitarized

zone.

No.

13295

1974

__

Nations

Unies

—

Recueil

des

Traités

____

151

Chapter

II

PRINCIPLES

AND

PROCEDURE

GOVERNING

IMPLEMENTATION

OF

THE

PRESENT

AGREEMENT

Article

10

The

Commanders

of

the

Forces

on

each

side,

on

the

one

side

the

Commander-

in-Chief

of

the

French

Union

forces

in

Indo-China

and

on

the

other

side

the

Com-

mander-in-Chief

of

the

People's

Army

of

Viet-Nam,

shall

order

and

enforce

the

complete

cessation

of

all

hostilities

in

Viet-Nam

by all

armed

forces

under

their

control,

including

all

units

and

personnel

of

the

ground,

naval

and

air

forces.

Article

11

In

accordance

with

the

principle

of

a

simultaneous

cease-fire

throughout

Indo-

China,

the

cessation

of

hostilities

shall

be

simultaneous

throughout

all

parts

of

Viet-

Nam,

in

all

areas

of

hostilities

and

for

all

the

forces

of

the

two

parties.

Taking

into

account

the

time

effectively

required

to

transmit

the

cease-fire

order

down

to

the

lowest

échelons

of

the

combatant

forces

on

both

sides,

the

two

parties

are

agreed

that

the

cease-fire

shall

take

effect

completely

and

simultaneously

for

the

different

sectors

of

the

country

as

follows

:

Northern

Viet-Nam

at

8.00

a.m.

(local

time)

on

27

July

1954

Central

Viet-Nam

at

8.00

a.m.

(local

time)

on

1

August

1954

Southern

Viet-Nam

at

8.00

a.m.

(local

time)

on

11

August

1954

It

is

agreed

that

Pékin mean

time

shall

be

taken

as

local

time.

From

such

time

as

the

cease-fire

becomes

effective

in

Northern

Viet-Nam,

both

parties

undertake

not

to

engage

in

any

large-scale

offensive

action

in

any

part

of

the

Indo-Chinese

theatre

of

operations

and

not

to

commit

the

air

forces

based

on

Northern

Viet-Nam

outside

that

sector.

The

two

parties

also

undertake

to

inform

each

other

of

their

plans

for

movement

from

one

regrouping

zone

to

another

within

twenty-five

(25)

days

of

the

present

Agreement's

entry

into

force.

Article

12

All

the

operations

and

movements

entailed

in

the

cessation

of

hostilities

and

regrouping

must

proceed

in

a

safe

and

orderly

fashion

:

(a)

Within

a

certain

number

of

days

after the

cease-fire

Agreement

shall

have

become

effective,

the

number

to

be

determined

on

the

spot

by

the Trung

Gia

Military

Commission,

each

party

shall

be

responsible

for

removing

and

neutralizing

mines

(including

river-

and

sea-mines),

booby

traps,

explosives

and

any

other

dangerous

substances

placed

by

it.

In

the

event

of

its

being

impossible to

complete

the

work

of

removal

and

neutralization

in

time,

the

party

concerned

shall

mark

the

spot

by

placing

visible

signs

there.

All

demolitions,

mine

fields,

wire

entanglements

and

other

hazards

to

the

free

movement

of

the

personnel

of

the

Joint

Commission

and

its

joint

groups,

known

to

be

present

after

the withdrawal

of

the

military

forces,

shall

be

reported

to

the

Joint

Commission

by

the

Commanders

of

the opposing

forces;

(b)

From

the

time

of

the

cease-fire

until

regrouping

is

completed

on

either

side

of

the

demarcation

line

:

N°

13295

152

United

Nations

—

Treaty

Series

1974

(1)

The

forces

of

either

party

shall

be

provisionally

withdrawn

from

the

provisional

assembly

areas

assigned

to

the

other

party.

(2)

When

one

party's

forces

withdraw

by

a

route

(road,

rail,

waterway,

sea

route)

which

passes

through

the

territory

of

the

other

party

(see

Article

24),

the

latter

party's

forces

must provisionally

withdraw

three

kilometres

on each

side

of

such

route,

but

in

such

a

manner

as

to

avoid

interfering

with

the

movements

of

the

civil

population.

Article

13

From

the

time

of

the

cease-fire

until

the

completion

of

the

movements

from

one

regrouping

zone

into

the other,

civil

and military

transport

aircraft

shall

follow

air-

corridors

between

the

provisional

assembly

areas

assigned

to

the

French Union

forces

north

of

the

demarcation

line

on

the

one

hand

and

the Laotian

frontier

and

the

regrouping

zone

assigned

to

the

French

Union

forces

on

the

other

hand.

The

position

of

the

air-corridors,

their

width,

the

safety

route

for

single-engined

military

aircraft

transferred

to

the

south

and

the

search

and

rescue

procedure

for

aircraft

in

distress

shall

be

determined

on

the

spot

by

the

Trung

Gia

Military

Commission.

Article

14

Political

and

administrative

measures in

the

two

regrouping

zones,

on either

side

of

the provisional

military

demarcation

line

:

(a)

Pending

the

general

elections

which

will

bring

about

the

unification

of

Viet-

Nam, the

conduct

of

civil

administration

in

each

regrouping

zone

shall

be

in

the

hands

of

the

party

whose

forces

are

to

be

regrouped

there

in

virtue

of

the

present

Agreement;

(b)

Any

territory

controlled

by

one

party

which

is

transferred

to

the

other party

by

the

regrouping

plan

shall

continue

to

be

administered

by

the former

party

until

such

date

as

all

the

troops

who

are

to

b

c

e

transferred

have

completely

left

that

territory

so

as

to

free

the

zone

assigned

to

the

party

in

question.

From

then

on,

such

territory

shall be

regarded

as

transferred

to

the

other

party,

who shall assume

responsibility

for

it.

Steps

shall

be

taken

to

ensure

that

there

is

no

break

in

the

transfer

of

responsibili

ties.

For

this

purpose, adequate

notice

shall

be

given

by

the

withdrawing

party

to

the

other

party,

which

shall

make

the

necessary

arrangements,

in

particular

by

sending

administrative

and

police

detachments

to

prepare

for

the

assumption

of

administrative

responsibility.

The

length

of

such

notice

shall

be

determined

by

the

Trung

Gia

Military

Commission.

The

transfer

shall

be

effected

in

successive

stages

for

the

various

territorial

sectors.

The

transfer

of

the

civil

administration

of

Hanoi

and Haiphong

to

the authorities

of

the

Democratic

Republic

of

Viet-Nam

shall

be

completed

within

the

respective

time-limits

laid

down

in

Article

15

for

military

movements.

(c)

Each

party

undertakes

to

refrain

from

any

reprisals

or

discrimination

against

persons

or organizations

on

account

of

their

activities

during

the

hostilities

and

to

guarantee

their

democratic

liberties.

(d)

From

the

date

of

entry

into

force

of

the

present

Agreement

until

the

move

ment

of

troops

is

completed,

any

civilians

residing

in

a

district

controlled

by

one

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153

party

who

wish

to

go

and

live

in

the

zone

assigned

to

the

other

party

shall

be

per

mitted

and

helped

to

do

so

by

the

authorities

in

that

district.

Article

15

The

disengagement

of

the

combatants,

and

the

withdrawals

and

transfers

of

military

forces,

equipment

and

supplies

shall

take

place

in

accordance

with

the

following

principles

:

(a)

The

withdrawals

and

transfers

of

the

military

forces,

equipment

and

supplies

of

the

two

parties

shall

be

completed

within

three

hundred

(300)

days,

as

laid

down

in

Article

2

of

the

present Agreement;

(b)

Within

either

territory

successive

withdrawals

shall

be

made

by sectors,

portions

of

sectors

or

provinces.

Transfers

from

one

regrouping

zone

to

another

shall

be made

in

successive

monthly

instalments

proportionate

to

the

number

of

troops

to

be

transferred;

(c)

The

two

parties

shall

undertake

to

carry

out

all

troop

withdrawals

and

transfers

in

accordance

with

the

aims

of

the

present

Agreement,

shall

permit

no

hostile

act

and

shall

take

no

step

whatsoever

which

might

hamper

such

withdrawals

and

transfers.

They

shall

assist

one

another

as

far

as

this

is

possible;

(d)

The

two

parties

shall

permit

no

destruction

or

sabotage

of

any

public

property

and

no

injury

to

the

life

and

property

of

the

civil

population.

They

shall

permit

no

interference

in

local

civil

administration;

(e)

The

Joint

Commission

and

the

International

Commission

shall

ensure

that

steps

are

taken

to

safeguard

the

forces

in

the

course

of

withdrawal

and

transfer;

(/)

The

Trung

Gia

Military

Commission,

and

later

the

Joint

Commission,

shall

determine

by

common

agreement

the

exact

procedure

for

the

disengagement

of

the

combatants

and

for

troop

withdrawals

and

transfers,

on

the

basis

of

the

principles

mentioned

above

and

within

the

framework

laid

down

below

:

1.

The

disengagement

of

the

combatants,

including

the

concentration

of

the

armed

forces

of

all

kinds

and

also

each

party's

movements

into

the provisional

assembly

areas

assigned

to

it

and

the

other

party's

provisional

withdrawal

from

it,

shall

be

completed

within

a

period

not

exceeding

fifteen

(15)

days

after

the

date

when

the

cease-fire

becomes

effective.

The

general

delineation

of

the

provisional

assembly

areas

is

set

out

in

the

maps

1

annexed

to

the

present

Agreement.

In

order

to

avoid

any

incidents,

no

troops

shall

be

stationed

less

than

1,500

metres

from

the

lines

delimiting

the

provisional

assembly

areas.

During

the

period

until

the

transfers

are

concluded,

all

the

coastal

islands

west

of

the

following

lines

shall

be

included

in

the

Haiphong

perimeter

:

—

meridian

of

the

southern

point

of

Kebao

Island

—

northern

coast

of

Ile

Rousse

(excluding

the

island),

extended

as

far

as

the

meridian

of

Campha-Mines

—

meridian

of

Campha-Mines.

See

inserts

in

a

pocket

at

the

end

of

this

volume.

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United

Nations

—

Treaty

Series

1974

2.

The

withdrawals

and

transfers

shall

be

effected

in

the

following

order

and

within

the

following

periods

(from

the

date

of

the

entry

into

force

of

the

present

Agreement)

:

Forces

of

the

French

Union

Hanoi'

perimeter

...................

80

days

Haiduong

perimeter

.................

100

days

Haiphong

perimeter

.................

300

days

Forces

of

the

People's

Army

of

Viet-Nam

Ham

Tan

and

Xuyenmoc

provisional

assembly

area

.......

80

days

Central

Viet-Nam

provisional

assembly

area—first

instalment

...

80

days

Plaine

des

Joncs

provisional

assembly

area

...........

100

days

Central

Viet-Nam

provisional

assembly

area—second

instalment.

.

100

days

Point

Camau

provisional

assembly

area.............

200

days

Central

Viet-Nam

provisional

assembly

area—last

instalment

. . .

300

days

Chapter

III

BAN

ON

THE

INTRODUCTION

OF

FRESH

TROOPS,

MILITARY

PERSONNEL,

ARMS

AND

MUNITIONS.

MILITARY

BASES

Article

16

With

effect

from

the

date

of

entry

into

force

of

the

present

Agreement,

the intro

duction

into

Viet-Nam

of

any

troop

reinforcements

and

additional

military

personnel

is

prohibited.

It

is

understood,

however,

that

the

rotation

of

units

and

groups

of

personnel,

the

arrival

in

Viet-Nam

of

individual

personnel

on

a

temporary

duty

basis

and

the

return

to

Viet-Nam

of

individual

personnel

after

short

periods

of

leave

or

temporary

duty

outside Viet-Nam

shall

be

permitted

under

the

conditions

laid

down

below

:

(a)

Rotation

of

units

(defined in

paragraph

(c)

of

this

Article)

and

groups

of

personnel

shall

not

be

permitted

for

French

Union troops

stationed

north

of

the

provisional

military

demarcation

line

laid

down

in

Article

1

of

the

present

Agreement,

during

the

withdrawal

period

provided

for

in

Article

2.

However,

under

the

heading

of

individual

personnel

not

more

than

fifty

(50)

men,

including

officers,

shall

during

any

one

month

be

permitted

to

enter

that

part of

the

country

north

of

the

provisional

military

demarcation

line

on

a

temporary

duty

basis

or

to

return

there

after

short

periods

of

leave

or

temporary

duty

outside

Viet-Nam.

(b)

" Rotation

"

is

defined as

the

replacement

of

units

or

groups

of

personnel

by

other

units

of

the

same

échelon

or

by

personnel

who

are

arriving

in

Viet-Nam

territory

to

do

their

overseas

service

there;

(c)

The

units

rotated

shall never

be

larger

than

a

battalion—or

the corresponding

échelon

for

air and

naval

forces

;

(d)

Rotation

shall

be

conducted

on

a

man-for-man

basis,

provided,

however,

that

in

any one

quarter

neither

party

shall

introduce

more

than

fifteen

thousand

five

hundred

(15,500)

members

of

its

armed

forces

into

Viet-Nam

under

the

rotation

policy.

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155

(é)

Rotation

units

(defined

in

paragraph

(c)

of

this

Article)

and

groups

of

personnel,

and

the

individual

personnel

mentioned

in

this

Article,

shall

enter

and

leave

Viet-Nam

only

through

the

entry

points enumerated

in

Article

20

below;

(f)

Each

party

shall

notify

the

Joint

Commission

and

the

International

Com

mission

at

least

two days

in

advance

of

any

arrivals

or

departures

of

units,

groups

of

personnel

and

individual

personnel

in

or

from

Viet-Nam.

Reports

on

the

arrivals

or

departures

of

units,

groups

of

personnel

and

individual

personnel

in

or

from

Viet-Nam

shall be

submitted

daily

to

the

Joint

Commission

and

the

International

Commission.

All

the above-mentioned

notifications

and

reports

shall

indicate

the

places

and

dates

of

arrival

or

departure

and

the

number

of

persons

arriving

or

departing;

(g)

The

International

Commission,

through

its

Inspection

Teams,

shall

super

vise

and

inspect

the

rotation

of

units

and

groups

of

personnel

and

the

arrival

and

departure

of

individual

personnel

as

authorized

above,

at

the

points

of

entry

enumer

ated

in

Article

20

below.

Article

17

(a)

With

effect

from

the

date

of

entry

into

force

of

the

present

Agreement,

the

introduction

into

Viet-Nam

of

any

reinforcements

in

the

form

of

all

types

of

arms,

munitions

and

other

war

material,

such

as

combat

aircraft,

naval

craft,

pieces

of

ordnance,

jet

engines

and

jet

weapons

and

armoured

vehicles,

is

prohibited.

(b)

It

is

understood,

however,

that

war

material,

arms

and

munitions

which

have

been

destroyed,

damaged,

worn

out

or

used

up

after

the

cessation

of

hostilities

may

be

replaced

on

the

basis

of

piece-for-piece

of

the

same

type

and

with

similar

characteristics.

Such

replacements

of

war

material,

arms

and

munitions

shall

not

be

permitted

for

French Union

troops

stationed

north

of

the provisional

military

demarcation

line

laid

down

in

article

1

of

the

present

Agreement,

during

the

withdrawal

period

provided

for

in

Article

2.

Naval

craft

may

perform

transport

operations

between

the

regrouping

zones.

(c)

The

war material,

arms

and

munitions

for

replacement

purposes provided

for

in

paragraph

(b)

of

this

Article,

shall

be

introduced into

Viet-Nam only

through

the

points

of

entry

enumerated

in

Article

20

below.

War

material,

arms

and

munitions

to

be

replaced

shall be

shipped

from

Viet-Nam

only

through

the points

of

entry

enumerated

in

Article

20

below;

(d)

Apart

from

the

replacements

permitted

within

the

limits

laid

down

in

para

graph

(b)

of

this Article,

the

introduction

of

war

material,

arms

and

munitions

of

all

types

in

the

form

of

unassembled

parts

for

subsequent

assembly

is

prohibited;

(e)

Each

party

shall

notify

the

Joint

Commission

and

the

International

Com

mission

at

least

two days

in

advance

of

any

arrivals

or

departures

which

may

take

place

of

war

material,

arms

and

munitions

of

all

types.

In

order

to

justify

the requests

for

the

introduction

into

Viet-Nam

of

arms,

munitions

and

other

war

material

(as

defined

in

paragraph

(a)

of

this

Article)

for

replacement purposes,

a

report

concerning

each

incoming

shipment

shall

be

submitted

to

the

Joint

Commission

and

the

International

Commission.

Such

reports

shall

indicate

the

use

made

of

the

items

so

replaced;

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Nations

—

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Series

1974

(/)

The

International

Commission,

through

its

Inspection

Teams,

shall

super

vise

and

inspect

the

replacements

permitted

in

the

circumstances

laid

down

in

this

Article,

at

the

points

of

entry

enumerated in

Article

20

below.

Article

18

With

effect

from

the

date

of

entry

into

force

of

the

present

Agreement,

the

establishment

of

new

military

bases

is

prohibited

throughout

Viet-Nam

territory.

Article

19

With

effect

from

the

date

of

entry

into

force

of

the

present

Agreement,

no

military

base

under

the

control

of

a

foreign

State

may

be

established

in

the

re-grouping

zone

of

either

party;

the

two

parties

shall

ensure

that

the

zones

assigned

to

them do

not

adhere

to

any military

alliance

and

are

not

used

for

the

resumption

of

hostilities

or

to

further

an

aggressive

policy.

Article

20

The

points

of

entry

into

Viet-Nam

for

rotation

personnel

and

replacements

of

material

are

fixed

as

follows

:

—

Zones

to

the

north

of

the

provisional

military

demarcation

line

:

Laokay,

Langson,

Tien-Yen,

Haiphong,

Vinh,

Dong-Hoi,

Muong-Sen;

—

Zone

to

the south

of

the provisional

military

demarcation

line

:

Tourane,

Quinhon,

Nhatrang,

Bangoi,

Saigon,

Cap

St.

Jacques,

Tanchau.

Chapter

IV

PRISONERS

OF

WAR

AND

CIVILIAN

INTERNEES

Article

21

The

liberation

and

repatriation

of

all

prisoners

of

war

and

civilian

internees

detained

by

each

of

the

two

parties

at

the

coming

into

force

of

the

present

Agreement

shall

be

carried

out

under

the

following

conditions

:

(a)

All

prisoners

of

war

and

civilian

internees

of

Viet-Nam,

French

and other

nationalities

captured

since

the

beginning

of

hostilities

in

Viet-Nam

during

military

operations

or

in

any

other

circumstances

of

war

and

in

any

part of

the

territory

of

Viet-Nam

shall

be

liberated

within

a

period

of

thirty

(30)

days

after

the

date

when

the

cease-fire

becomes

effective

in

each

theatre.

(b)

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.

(c)

All

prisoners

of

war

and

civilian

internees

held

by

either

party

shall

be

surrendered

to

the

appropriate

authorities

of

the

other

party,

who

shall

give

them

all

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167

booby

traps,

explosives

and

any

other

dangerous

substance

placed

by

it.

In

the

event

of

its

being

impossible

to

complete

the

work

of

removal

and

neutralization

in

time,

the

party

concerned

shall

mark

the

spot

by

placing

visible signs

there.

(b)

As

regards

the

security

of

troops

on

the

move

following

the

lines

of

com

munication

in

accordance

with

the

schedule

previously

drawn

up

by

the

Joint

Armistice

Commission

in

Laos,

and

the

safety

of

the

assembly

areas,

detailed

measures

shall

be

adopted

in

each

case

by

the

Joint

Armistice

Commission

in

Laos.

In

particular,

while

the

forces

of

one

party

are

withdrawing

by

a

line

of

communication

passing

through

the

territory

of

the

other

party

(roads

or

waterways)

the

forces

of

the

latter

party

shall

provisionally

withdraw

two

kilometres

on

either

side

of

such line

of

communication,

but

in

such

a

manner

as

to

avoid

interfering

with

the

movements

of

the

civil

population.

Article

4

The

withdrawals

and

transfers

of

military

forces,

supplies

and

equipment

shall

be

effected

in

accordance

with

the

following

principles

:

(a)

The

withdrawals

and

transfers

of

the

military

forces,

supplies

and

equipment

of

the

two

parties

shall

be

completed

within

a

period

of

120

days

from

the

day

on

which

the

present

Agreement

enters

into

force.

The

two

parties

undertake

to

communicate

their

transfer

plans

to

each

other,

for

information,

within

25

days

of

the

entry

into

force

of

the

present

Agreement.

(b)

The

withdrawals

of

the

Viet-Namese

People's

Volunteers

from

Laos

to

Viet-Nam

shall

be

effected

by

provinces.

The

position

of

those

volunteers

who

were

settled

in

Laos before

the

hostilities

shall

form

the

subject

of

a

special

convention.

(c)

The

routes for

the

withdrawal

of

the

forces

of

the

French

Union and

Viet-

Namese

People's

Volunteers

in

Laos from

Laotian

territory

shall

be

fixed

on

the

spot

by

the Joint

Commission.

(d)

The

two

parties

shall

guarantee

that

the

withdrawals

and

transfers

of

all

forces

will

be

effected

in

accordance

with

the

purposes

of

this

Agreement,

and

that

they

will

not

permit

any

hostile

action

or take

action

of

any

kind

whatever

which

might

hinder

such

withdrawals

or

transfers.

The

parties

shall

assist

each

other

as

far

as

possible.

(e)

While

the

withdrawals

and

transfers

of

the

forces

are

proceeding,

the

two

parties

shall

not

permit

any

destruction

or

sabotage

of

any

public

property

or

any

attack

on

the

life

or

property

of

the

local

civilian

population.

(/)

The

Joint

Commission

and

the

International

Commission

shall supervise

the

implementation

of

measures

to

ensure

the

safety

of

the

forces

during

withdrawal

and

transfer.

(g)

The

Joint

Commission

in

Laos

shall

determine

the

detailed

procedures

for

the

withdrawals

and

transfers

of

the

forces

in

accordance

with

the

above-mentioned

principles.

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1974

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Unies

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Traités

169

Article

5

During

the

days

immediately

preceding

the

cease-fire

each

party

undertakes

not

to

engage

in

any

large-scale

operation

between

the

time

when

the

Agreement

on

the

cessation

of

hostilities

is

signed

at

Geneva

and

the

time

when

the

cease-fire

comes

into

effect.

Chapter

II

PROHIBITION

OF

THE

INTRODUCTION

OF

FRESH

TROOPS,

MILITARY

PERSONNEL,

ARMAMENTS

AND

MUNITIONS

Article

6

With

effect

from

the

proclamation

of

the

cease-fire

the

introduction

into

Laos

of

any

reinforcements

of

troops

or

military

personnel

from

outside

Laotian

territory

is

prohibited.

Nevertheless,

the

French

High

Command

may

leave

a

specified

number

of

French

military

personnel

required

for

the

training

of

the

Laotian

National

Army

in

the

territory

of

Laos;

the

strength

of

such

personnel

shall

not

exceed

one

thousand

five

hundred

(1,500)

officers

and

non-commissioned

officers.

Article

7

Upon

the

entry

into

force

of

the

present

Agreement,

the

establishment

of

new

military

bases

is

prohibited

throughout

the

territory

of

Laos.

Article

8

The

High

Command

of

the

French

forces

shall

maintain

in

the

territory

of

Laos

the

personnel

required

for

the

maintenance

of

two

French

military

establishments,

the

first

at

Seno

and

the

second

in

the

Mekong

valley,

either

in

the

province

of

Vientiane

or

downstream

from

Vientiane.

The

effectives

maintained

in

these military

establishments

shall

not

exceed

a

total

of

three

thousand

five

hundred

(3,500)

men.

Article

9

Upon

the

entry

into

force

of

the

present

Agreement

and

in

accordance

with

the

declaration

made

at

the

Geneva

Conference

by

the

Royal

Government

of

Laos

on

20

July

1954,

the

introduction

into

Laos

of

armaments,

munitions

and

military

equipment

of

all

kinds

is

prohibited,

with

the

exception

of

a

specified

quantity

of

armaments

in

categories

specified

as

necessary

for

the

defence

of

Laos.

Article

10

The

new

armaments

and

military

personnel

permitted

to

enter

Laos

in

accordance

with

the

terms

of

Article

9

above

shall

enter

Laos

at

the

following

points

only

:

Luang-

Prabang,

Xieng-Khouang,

Vientiane,

Seno, Paksé,

Savannakhet

and

Tchépone.

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1974

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Unies

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Recueil

des

Traités

171

Chapter

III

DISENGAGEMENT

OF

THE

FORCES—ASSEMBLY

AREAS—CONCENTRATION

AREAS

Article

11

The

disengagement

of

the

armed

forces

of

both

sides,

including

concentration

of

armed

forces,

movements

to

rejoin

the provisional

assembly

areas

allotted

to

one

party

and

provisional

withdrawal

movements

by

the

other

party,

shall

be

completed

within

a

period

not

exceeding

fifteen

(15)

days

after

the

cease-fire.

Article

12

The

Joint

Commission

in

Laos

shall

fix

the

site

and

boundaries

:

—

of

the

five

(5)

provisional

assembly

areas

for

the

reception

of

the

Viet-Namese

People's

Volunteer

Forces,

—

of

the

five

(5)

provisional

assembly

areas

for

the

reception

of

the

French

forces

in

Laos,

—

of

the

twelve

(12)

provisional

assembly

areas,

one

to

each

province,

for

the

reception

of

the

fighting

units

of

"

Pathet

Lao

".

The

forces

of

the Laotian

National

Army

shall

remain

in

situ

during

the

entire

duration

of

the

operations

of

disengagement

and

transfer

of

foreign

forces

and

fighting

units

of

"

Pathet

Lao

".

Article

13

The

foreign

forces

shall

be

transferred

outside

Laotian

territory

as

follows

:

(1)

French

Forces:

The

French

forces

shall

be

moved

out

of

Laos

by

road

(along

routes

laid

down

by

the

Joint

Commission

in

Laos)

and

also

by

air

and

inland

waterway;

(2)

Viet-Namese

People's

Volunteer

Forces:

These

forces

shall

be

moved

out

of

Laos

by

land,

along

routes

and

in

accordance

with

a

schedule

to

be

determined

by

the

Joint

Commission

in

Laos

in

accordance

with

the

principle

of

simultaneous

withdrawal

of

foreign

forces.

Article

14

Pending

a

political

settlement,

the

fighting

units

of

"

Pathet

Lao

",

concentrated

in

the

provisional

assembly

areas,

shall

move

into

the

Provinces

of

Phongsaly

and

Sam-Neua,

except

for

any

military

personnel

who

wish

to

be

demobilized

where

they

are.

They

shall

be

free

to

move

between

these

two

Provinces

in

a

corridor

along

the

frontier

between

Laos

and

Viet-Nam

bounded

on

the

south

by

the

Line

Sop

Kin,

Na

Mi,

Sop

Sang,

Muong

Son.

N°

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1974

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Unies

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Concentration

shall

be

completed

within

one

hundred

and

twenty

(120)

days

from

the

date

of

entry

into

force

of

the

present

Agreement.

Article

15

Each

party

undertakes

to

refrain

from

any

reprisals

or

discrimination

against

persons

or

organizations

for

their

activities

during

the

hostilities

and

also

undertakes

to

guarantee

their

democratic

freedoms.

Chapter

IV

PRISONERS

OF

WAR

AND

CIVILIAN

INTERNEES

Article

16

The

liberation

and

repatriation

of

all

prisoners

of

war

and

civilian

internees

detained

by

each

of

the

two

parties

at

the

coming

into

force

of

the

present

Agreement

shall

be

carried

out

under

the

following

conditions

:

(a)

All

prisoners

of

war

and

civilian

internees

of

Laotian

and

other

nationalities

captured

since

the

beginning

of

hostilities

in

Laos,

during

military

operations

or

in

any

other

circumstances

of

war

and

in

any

part of

the

territory

of

Laos,

shall

be

liberated

within

a

period

of

thirty

(30)

days

after

the

date

when

the

cease-fire

comes

into

effect.

(b)

The

term

"

civilian

internees

"

is

understood

to

mean

all

persons

who,

having

in

any

way

contributed

to

the

political

and

armed

strife

between

the

two

parties,

have

been

arrested

for

that

reason

or

kept

in

detention

by

either

party

during

the

period

of

hostilities.

(c)

All

foreign

prisoners

of

war

captured

by

either

party

shall

be

surrendered

to

the

appropriate

authorities

of

the

other

party,

who shall

give

them

all

possible

assistance

in

proceeding

to

the

destination

of

their

choice.

Chapter

V

MISCELLANEOUS

Article

17

The

Commanders

of

the

forces

of

the

two

parties

shall

ensure

that

persons

under

their

respective

commands

who

violate

any

of

the

provisions

of

the

present

Agreement

are

suitably

punished.

Article

18

In

cases

in

which

the

place

of

burial

is

known

and

the

existence

of

graves

has

been

established,

the

Commander

of

the

forces

of

each

party

shall,

within

a

specified

period

after

the

entry

into

force

of

the

present

Agreement,

permit

the

graves

service

of

the

other

party

to

enter

that

part of

Laotian

territory

under

his

military

control

for

the

purpose

of

finding

and

removing

the

bodies

of

deceased

military

personnel

of

that

party,

including

the

bodies

of

deceased

prisoners

of

war.

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1974

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Unies

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Traités

175

The

Joint

Commission shall

fix

the

procedures

by

which

this

task

is

carried

out

and

the

time

limits

within

which

it

must

be

completed.

The Commander

of

the

forces

of

each

party

shall

communicate

to

the

other

all

information

in his

possession

as

to

the

place

of

burial

of

military

personnel

of

the

other

party.

Article

19

The

present

Agreement

shall

apply

to

all

the

armed

forces

of

either

party.

The

armed

forces

of

each

party

shall

respect

the

territory

under

the

military

control

of

the

other

party,

and

engage

in

no

hostile

act

against

the

other

party.

For

the

purpose

of

the

present

article

the

word

"

territory

"

includes

territorial

waters

and

air

space.

Article

20

The

Commanders

of

the

forces

of

the

two

parties

shall

afford

full

protection

and

all

possible

assistance

and

co-operation

to

the

Joint

Commission

and

its

joint

groups

and

to

the

International

Commission

and

its

inspection

teams

in

the

performance

of

the

functions

and

tasks

assigned

to

them

by

the

present

Agreement.

Article

21

The

costs

involved

in

the

operation

of

the

Joint

Commission

and

its

joint

groups

and

of

the

International

Commission

and

its

inspection

teams

shall

be

shared

equally

between

the

two

parties.

Article

12

The

signatories

of

the

present

Agreement

and

their

successors

in

their

functions

shall

be

responsible

for

the

observance

and

enforcement

of

the

terms

and

provisions

thereof.

The

Commanders

of

the

forces

of

the

two

parties

shall,

within

their

respective

commands,

take

all

steps

and

make

all

arrangements

necessary

to

ensure

full

com

pliance

with

all

the

provisions

of

the

present

Agreement

by

all

military

personnel

under

their

command.

Article

23

The

procedures

laid

down

in

the

present

Agreement

shall,

whenever

necessary,

be

examined

by

the

Commanders

of

the

two

parties

and,

if

necessary,

denned

more

specifically

by

the

Joint

Commission.

Chapter

VI

JOINT

COMMISSION

AND

INTERNATIONAL

COMMISSION

FOR

SUPERVISION

AND

CONTROL

IN

LAOS

Article

24

Responsibility

for

the

execution

of

the

Agreement

on

the

cessation

of

hostilities

shall

rest

with

the

parties.

N"

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1974

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Unies

—

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Traités

111

Article

25

An

International

Commission

shall be

responsible

for

control

and

supervision

of

the

application

of

the

provisions

of

the

Agreement

on

the

cessation

of

hostilities

in

Laos.

It

shall

be

composed

of

representatives

of

the

following

States

:

Canada,

India

and

Poland.

It

shall

be

presided

over

by

the

representative

of

India.

Its

headquarters

shall

be

at

Vientiane.

Article

26

The

International

Commission

shall

set

up

fixed

and

mobile

inspection

teams,

composed

of

an

equal

number

of

officers

appointed

by

each

of

the

above-mentioned

States.

The

fixed

teams

shall

be

located

at

the

following

points

:

Paksé,

Seno,

Tchépone,

Vientiane,

Xieng-Khouang,

Phongsaly,

Sophao

(province

of

Sam

Neua).

These

points

of

location

may,

at

a

later

date,

be

altered

by

agreement

between

the Government

of

Laos

and

the

International

Commission.

The

zones

of

action

of

the

mobile

teams

shall

be

the

regions

bordering

the

land

frontiers

of

Laos.

Within

the

limits

of

their

zones

of

action,

they

shall have

the

right

to

move

freely

and

shall

receive

from

the

local

civil

and

military

authorities

all

facilities

they

may

require

for

the

fulfilment

of

their

tasks

(provision

of

personnel,

access

to

documents

needed

for

supervision,

summoning

of

witnesses

needed

for

enquiries,

security

and

freedom

of

movement

of

the

inspection

teams

etc.).

They

shall

have

at

their

disposal

such

modern

means

of

transport,

observation

and

communication

as

they

may

require.

Outside

the

zones

of

action

defined

above,

the

mobile

teams

may, with

the

agreement

of

the

Command

of

the

party

concerned,

move

about

as

required

by

the

tasks

assigned to

them

by

the

present

Agreement.

Article

27

The

International

Commission

shall

be

responsible

for

supervising

the

execution

by

the

parties

of

the

provisions

of

the

present

Agreement.

For

this

purpose

it

shall

fulfil

the

functions

of

control,

observation,

inspection

and

investigation

connected

with

the

implementation

of

the

provisions

of

the

Agreement

on

the

cessation

of

hostilities,

and

shall

in

particular

:

(a)

Control

the

withdrawal

of

foreign

forces

in

accordance

with

the

provisions

of

the

Agreement

on

the

cessation

of

hostilities

and

see

that

frontiers

are

respected

;

(b)

control the

release

of

prisoners

of

war

and

civilian

internees;

(c)

supervise,

at

ports

and

airfields

and

along

all

the

frontiers

of

Laos,

the

implementa

tion

of

the

provisions

regulating

the

introduction

into

Laos

of

military

personnel

and

war

materials

;

(d)

supervise

the

implementation

of

the

clauses

of

the

Agreement

on

the

cessation

of

hostilities

relating

to

rotation

of

personnel

and

to

supplies

for

French

Union

security

forces

maintained

in

Laos.

N"

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1974

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Unies

—

Recueil

des

Traités

179

Article

28

A

Joint

Commission

shall

be

set

up

to

facilitate

the implementation

of

the

clauses

relating

to

the

withdrawal

of

foreign

forces.

The

Joint

Commission

shall

form

joint

groups,

the

number

of

which

shall

be

decided

by

mutual

agreement

between

the

parties.

The

Joint

Commission

shall

facilitate

the implementation

of

the

clauses

of

the

Agreement on

the

cessation

of

hostilities

relating

to

the

simultaneous

and

general

cease-fire

in

Laos

for

all

regular

and

irregular

armed

forces

of

the

two

parties.

It

shall

assist

the

parties

in

the

implementation

of

the

said

clauses;

it

shall

ensure

liaison

between

them

for

the

purpose

of

preparing

and

carrying

out

plans

for

the

implementation

of

the

said

clauses

;

it

shall

endeavour

to

settle

any

disputes

between

the

parties

arising

out

of

the

implementation

of

these

clauses.

The

joint

groups

shall

follow

the

forces

in

their

movements

and

shall

be

disbanded

once

the

withdrawal

plans

have

been

carried out.

Article

29

The

Joint

Commission

and

the

joint

groups

shall be

composed

of

an

equal

number

of

representatives

of

the

Commands

of

the

parties

concerned.

Article

30

The

International

Commission

shall,

through

the

medium

of

the

inspection

teams

mentioned

above,

and

as

soon

as

possible,

either

on

its

own

initiative,

or

at

the

request

of

the

Joint

Commission,

or

of

one

of

the

parties,

undertake

the

necessary

investigations

both

documentary and

on

the

ground.

Article

31

The

inspection

teams

shall

transmit

to

the International

Commission

the

results

of

their

supervision,

investigations

and

observations;

furthermore,

they

shall

draw

up

such

special

reports

as

they

may

consider

necessary

or

as

may

be

requested

from

them

by

the

Commission.

In

the

case

of

a disagreement

within

the

teams,

the

findings

of

each

member

shall

be

transmitted

to

the

Commission.

Article

32

If

an

inspection

team

is

unable

to

settle

an

incident

or

considers

that

there

is

a

violation

or

threat

of

a

serious

violation,

the

International

Commission

shall be

informed;

the

latter

shall

examine

the

reports

and

findings

of

the

inspection

teams

and

shall

inform

the

parties

of

the

measures

which

should

be

taken

for

the

settlement

of

the

incident,

ending

of

the

violation

or

removal

of

the

threat

of

violation.

Article

33

When

the

Joint

Commission

is

unable

to

reach

agreement

on

the

interpretation

of

a

provision

or

on

the

appraisal

of

a

fact,

the

International

Commission

shall

be

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181

informed

of

the

disputed

question.

Its

recommendations

shall

be

sent

directly

to

the

parties

and

shall

be

notified

to

the

Joint

Commission.

Article

34

The

recommendations

of

the

International

Commission

shall

be

adopted

by

majority

vote,

subject

to

the

provisions

of

article

35.

If

the

votes

are

equally

divided,

the

chairman's

vote

shall

be

decisive.

The

International

Commission

may

make

recommendations

concerning

amend

ments

and

additions

which

should

be

made

to

the

provisions

of

the

Agreement

on

the

cessation

of

hostilities

in

Laos,

in

order

to

ensure

more

effective

execution

of

the

said

Agreement.

These

recommendations

shall

be

adopted

unanimously.

Article

35

On

questions

concerning

violations,

or

threats

of

violations,

which

might

lead

to

a

resumption

of

hostilities

and,

in

particular,

(à)

refusal

by

foreign

armed

forces

to

effect

the

movements

provided

for

in

the

with

drawal

plan,

(b)

violation

or

threat

of

violation

of

the

country's

integrity,

by

foreign

armed

forces,

the

decisions

of

the

International

Commission

must

be

unanimous.

Article

36

If

one

of

the

parties

refuses

to

put

a

recommendation

of

the

International

Com

mission

into

effect,

the

parties

concerned

or

the

Commission

itself

shall

inform the

members

of

the

Geneva

Conference.

If

the

International

Commission

does

not

reach

unanimity

in

the

cases

provided

for

in

article

35,

it

shall

transmit

a

majority

report

and

one

or

more

minority

reports

to

the

members

of

the

Conference.

The

International

Commission

shall

inform

the

members

of

the

Conference

of

all

cases

in

which

its

work

is

being

hindered.

Article

37

The

International

Commission

shall

be

set

up

at

the

time

of

the

cessation

of

hostilities

in

Indo-China

in

order

that

it

may

be

able

to

fulfil

the

tasks prescribed

in

article

27.

Article

38

The

International

Commission

for

Supervision

and

Control

in

Laos

shall

act

in

close

co-operation

with

the

International

Commissions

in

Viet-Nam

and

Cambodia.

The Secretaries-General

of

these

three

Commissions

shall

be

responsible

for

co

ordinating

their

work

and

for

relations

between

them.

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Article

39

The

International

Commission

for

Supervision

and

Control

in

Laos

may,

after

consultation

with

the

International

Commissions in

Cambodia

and

Viet-Nam,

and

having

regard

to

the

development

of

the

situation

in

Cambodia

and

Viet-Nam,

progressively

reduce

its

activities.

Such

a

decision

must

be

adopted

unanimously.

Chapter

VII

Article

40

All

the

provisions

of

the

present

Agreement,

save

paragraph

(a)

of

Article

2,

shall

enter

into

force

at

24

hours

(Geneva

time)

on

22

July

1954.

Article

41

DONE

at

Geneva

(Switzerland)

on

20

July

1954,

at

24

hours,

in

the

French

language.

For

the

Commander-in-Chief

For

the

Commander-in-Chief

of

the

forces

of

the

French

Union

of

the

fighting

units

of

"

Pathet-Lao

"

in

Indo-China

:

and

for

the

Commander-in-Chief

of

the

People's

Army

of

Viet-Nam

:

[Signed] [Signed]

Général

de

Brigade

DELTEIL

TA-QUANG-BUU

Vice-Minister

of

National

Defence

of

the

Democratic

Republic

of

Viet-Nam

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[TRANSLATION

1

—

TRADUCTION

2

]

AGREEMENT

3

ON

THE

CESSATION

OF

HOSTILITIES

IN

CAMBODIA

Chapter

I

PRINCIPLES

AND

CONDITIONS

GOVERNING

EXECUTION

OF

THE

CEASE-FIRE

Article

1

As

from

twenty-third

July

1954

at

0800

hours

(Pékin

mean

time)

complete

cessation

of

all

hostilities

throughout

Cambodia

shall be

ordered

and

enforced

by

the

Commanders

of

the

Armed

Forces

of

the

two

parties

for

all

troops

and

personnel

of

the

land,

naval

and

air

forces

under

their

control.

Article

2

In conformity

with

the

principle

of

a

simultaneous

cease-fire

throughout

Indo-

China,

there

shall be

a

simultaneous

cessation

of

hostilities

throughout

Cambodia,

in

all

the

combat

areas

and

for

all

the

forces

of

the

two

parties.

To

obviate

any

mistake

or

misunderstanding

and

to

ensure

that

both

the

ending

of

hostilities

and

all

other

operations

arising

from

cessation

of

hostilities

are

in

fact

simultaneous,

(a)

due

allowance

being

made

for

the

time

actually

required

for

transmission

of

the

cease-fire

order

down

to

the

lowest échelons

of

the

combatant

forces

of

both

sides,

the

two

parties

are

agreed

that

the

complete

and

simultaneous

cease-fire

throughout

the

territory

of

Cambodia

shall

become

effective

at

8

hours

(local

time)

on

7

August

1954.

It

is

agreed

that

Pékin

meantime

shall

be

taken

as

local

time;

(b)

Each

side

shall

comply

strictly

with

the

time-table

jointly

agreed

upon

between

the

parties

for

the

execution

of

all

operations

connected

with

the

cessation

of

hostilities.

Article

3

All

operations

and

movements

connected

with

the

execution

of

the

cessation

of

hostilities

must

be

carried

out

in

a

safe

and orderly

fashion,

(a)

Within

a

number

of

days

to be

determined

by

the

Commanders

of

both

sides,

after

the

cease-fire

has

been

achieved, each

party

shall be

responsible

for

1

Translation

supplied

by

the

Government

of

the

United

States

of

America

(Doc.

IC/52

of

the

Geneva

Conference

on

the

problem

of

restoring

peace

in

Indo-China).

2

Traduction

fournie

par

le

Gouvernement

des

Etats-Unis

d'Amérique

(Doc.

IC/52

de

la

Conférence

de

Genève

sur

le

problème

du

rétablissement

de la

paix

en

Indochine).

3

The

Agreement

on

the

cessation

of

hostilities

in

Cambodia

came

into

force on

23

July

1954,

in

accordance

with

article

33.

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removing

and

neutralizing

mines,

booby

traps,

explosives

and

any

other

dangerous

devices

placed

by

it.

Should

it

be

impossible

to

complete

removal

and

neutralization

before

departure,

the

party

concerned

will

mark

the

spot

by

placing

visible

signs.

Sites

thus

cleared

of

mines

and

any

other

obstacles

to

the

free

movement

of

the

personnel

of

the

International

Commission

and

the

Joint

Commission

shall

be

notified

to

the

latter

by

the

local

military

Commanders.

(è)

Any

incidents

that

may

arise

between

the

forces

of

the

two

sides

and

may

result

from

mistakes

or

misunderstandings

shall

be

settled

on

the

spot

so

as

to

restrict

their

scope.

(c)

During

the

days

immediately

preceding

the

cease-fire

each

party

undertakes

not

to

engage

in

any

large-scale

operation

between

the

time

when

the

Agreement

on

the

cessation

of

hostilities

is

signed

at

Geneva

and

the

time

when

the

cease-fire

comes

into

effect.

Chapter

II

PROCEDURE

FOR THE

WITHDRAWAL

OF

THE

FOREIGN

ARMED

FORCES

AND

FOREIGN

MILITARY

PERSONNEL

FROM

THE

TERRITORY

OF

CAMBODIA

Article

4

1.

The withdrawal

outside

the

territory

of

Cambodia

shall

apply

to

:

(a)

the

armed

forces

and

military

combatant

personnel

of

the

French

Union

:

(b)

the

combatant

formations

of

all

types

which

have

entered

the

territory

of

Cambodia

from

other

countries

or

regions

of

the

peninsula

:

(c)

all

the

foreign

elements

(or

Cambodians

not

natives

of

Cambodia)

in

the

military

formations

of

any

kind

or

holding

supervisory

functions

in

all

political

or

military,

administrative,

economic, financial

or

social

bodies,

having worked

in

liaison

with

the

Viet-Nam military

units.

2.

The

withdrawals

of

the

forces

and

elements

referred

to

in

the

foregoing

para

graphs

and

their

military

supplies

and

materials

must

be

completed

within

90

days

reckoning

from

the

entry

into

force

of

the

present

Agreement.

3.

The

two

parties

shall

guarantee

that

the

withdrawals

of

all

the

forces

will

be

effected

in

accordance

with

the

purposes

of

the

Agreement,

and

that

they

will

not

permit

any

hostile

action

or take

any

action

likely

to

create

difficulties

for

such

with

drawals.

They

shall

assist

one

another

as

far

as

possible.

4.

While

the

withdrawals

are

proceeding,

the

two

parties

shall

not

permit

any

destruction

or

sabotage

of

public

property

or

any

attack

on

the

life

or

property

of

the

civilian

population.

They

shall

not

permit

any

interference

with

the

local

civil

admini

stration.

5.

The

Joint

Commission

and

the

International

Supervisory

Commission

shall

supervise

the

execution

of

measures

to

ensure

the

safety

of

the

forces

during

with

drawal.

6.

The

Joint

Commission

in

Cambodia

shall

determine

the

detailed procedures

for

the

withdrawals

of

the

forces

on

the

basis

of

the

above-mentioned

principles.

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Chapter

III

OTHER

QUESTIONS

A.

The

Khmer

armed

forces,

natives

of

Cambodia

Article

5

The

two

parties

shall

undertake

that

within

thirty

days

after

the

cease-fire

order

has

been

proclaimed,

the

Khmer

Resistance

Forces

shall

be

demobilized

on

the

spot;

simultaneously,

the

troops

of

the

Royal

Khmer

Army

shall

abstain

from

taking

any

hostile

action

against the

Khmer

Resistance

Forces.

Article

6

The

situation

of

these

nationals

shall

be

decided

in

the

light

of

the

Declaration

made

by

the

Delegation

of

Cambodia

at

the

Geneva

Conference,

reading

as

follows

:

"

The Royal

Government

of

Cambodia,

in

the

desire

to

ensure

harmony

and

agreement

among

the

peoples

of

the

Kingdom,

declares

itself

resolved

to

take

the

necessary

measures

to integrate

all

citizens,

without

discrimination,

into

the

national

community

and

to

guarantee

them

the

enjoyment

of

the

rights

and

freedoms

for

which

the

Constitution

of

the Kingdom

provides

;

"

Affirms

that

all

Cambodian

citizens

may

freely

participate

as

electors

or

candidates

in

general

elections

by

secret

ballot."

No

reprisals

shall

be

taken

against

the

said

nationals

or

their

families,

each

national

being

entitled

to

the

enjoyment,

without

any

discrimination

as

compared

with

other

nationals,

of

all

constitutional

guarantees

concerning

the

protection

of

person

and

property

and

democratic

freedoms.

Applicants

therefore

may

be

accepted

for

service

in

the

Regular

Army

or

local

police

formations

if

they

satisfy

the

conditions

required

for

current recruitment

of

the

Army

and

Police

Corps.

The

same

procedure

shall

apply

to

those

persons

who

have

returned

to

civilian

life

and

who

may

apply

for

civilian

employment

on

the

same

terms

as

other

nationals.

B.

Ban

on

the

Introduction

of

Fresh

Troops,

Military

Personnel,

Armaments

and

Munitions.

Military

Bases.

Article

7

In

accordance

with

the

Declaration

made

by

the

Delegation

of

Cambodia

at

2400

hours

on

20

July

1954

at

the

Geneva

Conference

of

Foreign

Ministers

:

"

The Royal

Government

of

Cambodia

will

not

join

in

any

agreement

with

other

States,

if

this

agreement

carries

for Cambodia

the

obligation

to

enter

into

a

military

alliance

not

in

conformity

with

the

principles

of

the

Charter

of

the

United

Nations

or,

as

long

as

its

security

is

not

threatened,

the

obligation

to

establish

bases

on

Cambodian

territory

for

the

military

forces

of

foreign

powers.

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"

During

the

period

which

will

elapse

between

the

date

of

the

cessation

of

hostilities

in

Viet-Nam

and

that

of

the

final

settlement

of

political problems

in

this

country,

the

Royal

Government

of

Cambodia

will

not

solicit

foreign

aid

in

war

material,

personnel

or

instructors

except

for

the

purpose

of

the

effective

defence

of

the

territory."

C.

Civilian

Internees

and

Prisoners

of

War.

Burial.

Article

8

The

liberation

and

repatriation

of

all

civilian

internees

and

prisoners

of

war

detained

by

each

of

the

two

parties

at

the

coming

into

force

of

the

present

Agreement

shall

be

carried

out

under

the

following

conditions

:

(a)

All

prisoners

of

war

and

civilian

internees

of

whatever

nationality,

captured

since

the

beginning

of

hostilities

in

Cambodia

during

military

operations

or

in

any

other

circumstances

of

war

and

in

any

part

of

the

territory

of

Cambodia

shall

be

liberated

after

the

entry

into

force

of

the

present

Armistice Agreement.

(b)

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

or

kept

in

detention

by

either

party

during

the

period

of

hostilities.

(c)

All foreign

prisoners

of

war

captured

by

either

party

shall

be

surrendered

to

the

appropriate

authorities

of

the

other

party,

who

shall

give

them

all

possible

assistance

in

proceeding

to

the

destination

of

their

choice.

Article

9

After

the

entry

into

force

of

the

present

Agreement,

if

the

place

of

burial

is

known

and

the

existence

of

graves

has

been

established,

the

Cambodian

commander

shall,

within

a

specified

period,

authorize

the exhumation

and

removal

of

the

bodies

of

deceased

military

personnel

of

the

other

party,

including

the

bodies

of

prisoners

of

war

or

personnel

deceased

and

buried

on

Cambodian

territory.

The

Joint

Commission

shall

fix

the

procedures

by

which

this

task

is

to

be

carried

out

and

the

time

limit

within

which

it must

be

completed.

Chapter

IV

JOINT

COMMISSION

AND

INTERNATIONAL

COMMISSION

FOR

SUPERVISION

AND

CONTROL

IN

CAMBODIA

Article

10

Responsibility

for

the

execution

of

the

Agreement

on

the

cessation

of

hostilities

shall

rest

with

the

parties.

Article

11

An

International

Commission

shall

be

responsible

for control

and

supervision

of

the

application

of

the

provisions

of

the

Agreement

on

the

cessation

of

hostilities

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Cambodia.

It

shall

be

composed

of

representatives

of

the

following

States

:

Canada,

India and

Poland.

It

shall

be

presided

over

by

the

representative

of

India.

Its

head

quarters

shall

be

at

Phnom-Penh.

Article

12

The

International

Commission

shall

set

up

fixed

and

mobile

inspection teams,

composed

of

an

equal

number

of

officers

appointed

by

each

of

the

above-mentioned

States.

The

fixed

teams

shall

be

located

at

the

following

points

:

Phnom-Penh,

Kompong-

Cham,

Kratié,

Svay-Rieng,

Kampot.

These

points

of

location

may be

altered

at

a

later

date

by

agreement

between

the

Government

of

Cambodia

and

the

International

Commission.

The

zones

of

action

of

the

mobile

teams

shall

be

the

regions

bordering

on

the

land

and

sea

frontiers

of

Cambodia.

The

mobile teams shall

have

the

right

to

move

freely

within

the

limits

of

their

zones

of

action,

and

they

shall

receive

from

the

local

civil

and

military

authorities

all

facilities

they may

require

for

the

fulfilment

of

their

tasks

(provision

of

personnel,

access

to

documents

needed

for

supervision,

summoning

of

witnesses

needed

for

enquiries,

security

and

freedom

of

movement

of

the

inspection

teams,

etc.).

They

shall

have

at

their

disposal

such

modern

means

of

transport,

observation

and

communication

as

they

may

require.

Outside

the

zones

of

action

defined

above,

the

mobile teams

may,

with

the

agreement

of

the

Cambodian

command,

move

about

as

required

by

the

tasks

assigned

to

them

under

the

present

Agreement.

Article

13

The

International

Commission

shall

be

responsible

for

supervising

the

execution

by

the

parties

of

the

provisions

of

the

present

Agreement.

For

this

purpose

it

shall

fulfil

the

functions

of

control,

observation,

inspection

and

investigation

connected

with

the

implementation

of

the

provisions

of

the

Agreement

on

the

cessation

of

hostilities,

and

shall

in

particular

:

(a)

control

the

withdrawal

of

foreign

forces

in

accordance

with

the

provisions

of

the

Agreement

on

the

cessation

of

hostilities

and

see

that

frontiers

are respected;

(6)

control

the

release

of

prisoners

of

war

and

civilian

internees;

(c)

supervise,

at

ports

and

airfields

and along

all

the

frontiers

of

Cambodia,

the

application

of

the

Cambodian

declaration

concerning

the introduction

into

Cambodia

of

military

personnel

and

war

materials

on

grounds

of

foreign

assistance.

Article

14

A

Joint

Commission

shall

be

set

up

to

facilitate

the implementation

of

the

clauses

relating

to

the

withdrawal

of

foreign

forces.

The

Joint

Commission

may

form

joint

groups

the

number

of

which

shall

be

decided

by

mutual

agreement

between

the

parties.

The

Joint

Commission

shall

facilitate

the implementation

of

the

clauses

of

the

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195

Agreement

on

the

cessation

of

hostilities

relating

to

the

simultaneous

and

general

cease-fire

in

Cambodia

for

all

regular

and

irregular

armed

forces

of

the

two

parties.

It

shall

assist

the

parties

in

the implementation

of

the

said

clauses;

it

shall

ensure

liaison

between

them

for

the

purpose

of

preparing

and

carrying

out

plans

for

the

implementation

of

the

said

clauses;

it

shall

endeavour

to

settle

any

disputes

between

the

parties

arising

out

of

the

implementation

of

these

clauses.

The

Joint

Commission

may

send

joint

groups

to

follow

the

forces

in

their

movements;

such

groups

shall

be

disbanded

once

the

withdrawal

plans

have

been

carried out.

Article

15

The

Joint

Commission

shall

be

composed

of

an equal

number

of

representatives

of

the

Commands

of

the

parties

concerned.

Article

16

The

International

Commission

shall,

through

the

medium

of

the

inspection

teams

mentioned

above

and

as

soon

as

possible,

either

on

its

own

initiative

or

at

the

request

of

the

Joint

Commission

or

of

one

of

the

parties,

undertake

the

necessary

investi

gations

both

documentary

and

on

the

ground.

Article

17

The

inspection

teams

shall

transmit

to

the

International

Commission

the

results

of

their

supervision,

investigations

and

observations;

furthermore,

they

shall

draw

up

such

special

reports

as

they

may

consider

necessary

or

as

may

be

requested

from

them

by

the

Commission.

In

the

case

of

a

disagreement

within

the

teams,

the

findings

of

each

member

shall

be

transmitted

to

the

Commission.

Article

18

If

an

inspection

team

is

unable

to

settle

an

incident

or

considers

that

there

is

a

violation

or

threat

of

a

serious

violation,

the

International

Commission

shall be

informed;

the

Commission

shall

examine

the

reports

and

findings

of

the

inspection

teams

and

shall

inform the

parties

of

the

measures

to

be

taken

for

the

settlement

of

the

incident,

ending

of

the

violation

or

removal

of

the

threat

of

violation.

Article

19

When

the

Joint

Commission

is

unable

to

reach

agreement

on

the

interpretation

of

a

provision

or

on

the

appraisal

of

a

fact,

the

International

Commission

shall

be

informed

of

the disputed

question.

Its

recommendations

shall be

sent

directly

to

the

parties

and

shall

be

notified

to

the

Joint

Commission.

Article

20

The

recommendations

of

the

International

Commission

shall

be

adopted

by

a

majority

vote,

subject

to

the

provisions

of

article

21.

If

the

votes

are

equally

divided,

the

Chairman's

vote

shall

be

decisive.

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The

International

Commission

may

make

recommendations

concerning

amend

ments

and

additions

which

should

be

made

to

the

provisions

of

the

Agreement

on

the

cessation

of

hostilities

in

Cambodia,

in

order

to

ensure

more

effective

execution

of

the

said

Agreement.

These

recommendations

shall

be

adopted

unanimously.

Article

21

On

questions

concerning

violations,

or

threats

of

violations,

which

might

lead

to

a

resumption

of

hostilities,

and

in

particular,

(a)

refusal

by

foreign

armed

forces

to

effect

the

movements

provided

for

in

the

with

drawal

plan,

(b)

violation

or

threat

of

violation

of

the

country's

integrity

by

foreign

armed

forces,

the

decisions

of

the

International

Commission

must

be

unanimous.

Article

22

•

If

one

of

the

parties

refuses

to

put

a

recommendation

of

the

International

Com

mission

into

effect,

the

parties

concerned

or

the

Commission

itself

shall

inform

the

members

of

the

Geneva

Conference.

If

the

International

Commission

does

not

reach unanimity

in

the

cases

provided

for

in

article

21,

it

shall

transmit

a

majority

report

and

one

or

more

minority

reports

to

members

of

the

Conference.

The

International

Commission

shall

inform the

members

of

the

Conference

of

all

cases

in

which

its

work

is

being

hindered.

Article

23

The

International

Commission

shall

be

set

up

at

the

time

of

the

cessation

of

hostilities

in

Indo-China

in

order

that

it

may

be

able

to

perform

the

tasks prescribed

in

article

13.

Article

24

The

International

Commission

for

Supervision

and

Control

in

Cambodia

shall

act

in

close

cooperation

with

the

International

Commissions

in

Viet-Nam

and

Laos.

The

Secretaries-General

of

these

three

Commissions

shall

be

responsible

for

coordinating

their

work

and

for

relations

between

them.

Article

25

The

International

Commission

for

Supervision

and

Control

in

Cambodia

may,

after

consultation

with

the

International

Commissions

in

Viet-Nam

and

in Laos,

and

having

regard

to

the

development

of

the

situation

in

Viet-Nam

and

in

Laos,

progres

sively

reduce

its

activities.

Such

a

decision

must

be

adopted

unanimously.

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Chapter

V

IMPLEMENTATION

Article

26

The

Commanders

of

the

forces

of

the

two

parties

shall

ensure

that

persons

under

their

respective

commands

who

violate

any

of

the

provisions

of

the

present

Agreement

are

suitably punished.

Article

27

The

present

Agreement

on

the

cessation

of

hostilities

shall

apply

to

all

the

armed

forces

of

either

party.

Article

28

The

Commanders

of

the

forces

of

the

two

parties

shall

afford

full

protection

and

all possible

assistance

and

co-operation

to

the

Joint

Commission

and

to

the

Inter

national

Commission

and

its

inspection

teams

in

the

performance

of

their

functions.

Article

29

The

Joint

Commission,

composed

of

an equal

number

of

representatives

of

the

Commands

of

the

two

parties,

shall

assist

the

parties

in

the

implementation

of

all

the

clauses

of

the

Agreement

on

the

cessation

of

hostilities, ensure

liaison

between

the

two

parties, draw

up

plans

for

the

implementation

of

the

Agreement,

and

endeavour

to

settle

any

dispute

arising

out

of

the

implementation

of

the

said

clauses

and

plans.

Article

30

The

costs

involved

in

the operation

of

the

Joint

Commission

shall be

shared

equally

between

the

two

parties.

Article

31

The

signatories

of

the

present

Agreement

on

the

cessation

of

hostilities

and

their

successors

in

their

functions

shall

be

responsible

for

the

observance

and

enforcement

of

the

terms

and

provisions

thereof.

The

Commanders

of

the

forces

of

the

two

parties

shall,

within

their

respective

commands,

take

all steps

and

make

all

arrangements

necessary

to

ensure

full

compliance

with

all

the

provisions

of

the

present

Agreement

by

all

personnel

under

their

command.

Article

32

The

procedures

laid

down

in

the

present

Agreement

shall,

whenever

necessary,

be

examined

by

the

Commands

of

the

two

parties

and,

if

necessary,

defined

more

specifically

by

the

Joint

Commission.

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Article

33

All

the

provisions

of

the

present

Agreement

shall

enter into

force

at

00

hours

(Geneva

time)

on

23

July

1954.

DONE

at

Geneva

on

20

July

1954.

For

the

Commander-in-Chief

of

the

Units

For

the

Commander-in-Chief

of

the

Khmer

Resistance

Forces

of

the

Khmer

National

Armed

Forces

:

and

for

the

Commander-in-Chief

of

the

Viet-Namese

Military

Units

:

TA-QUANG-BUU

General

NHIEK

TIOULONG

Vice-Minister

of

National

Defence

of

the

Democratic

Republic

of

Viet-Nam

N°

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