Article 24 The present Agreement shall apply to all the armed forces of either party. The armed forces of each party shall respect the demilitarized zone and the territory under the military control of the other party, and shall commit no act and undertake no operation against the other party and shall not engage in blockade of any kind in Viet-Nam. For the purposes of the present Article, the word "territory” includes territorial waters and air space. Article 25 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 26 The costs involved in the operations of the Joint Commission and joint groups and of the International Commission and its Inspection Teams shall be shared equally between the two parties. Article 27 The signatories of the present Agreement and their successors in their functions shall be responsible for ensuring 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 elements and military personnel under their command. The procedures laid down in the present Agreement shall, whenever necessary, be studied by the Commanders of the two parties and, if necessary, defined more specifically by the Joint Commission. CHAPTER VI JOINT COMMISSION AND INTERNATIONAL COMMISSION FOR SUPERVISION AND CONTROL IN VIET-NAM 28. Responsibility for the execution of the agreement on the cessation of hostilities shall rest with the parties. 29. An International Commission shall ensure the control and supervision of this execution. 30. In order to facilitate, under the conditions shown below, the execution of provisions concerning joint actions by the two parties a Joint Commission shall be set up in Viet-Nam. 31. The Joint Commission shall be composed of an equal number of representatives of the Commanders of the two parties. 32. The Presidents of the delegations to the Joint Commission shall hold the rank of General. The Joint Commission shall set up joint groups the number of which shall be determined by mutual agreement between the parties. The joint groups shall be composed of an equal number of officers from both parties. Their location on the demarcation line between the re-grouping zones shall be determined by the parties whilst taking into account the powers of the Joint Commission. 33. The Joint Commission shall ensure the execution of the following provisions of the Agreement on the cessation of hostilities: (a) A simultaneous and general cease-fire in Viet-Nam for all regular and irregular armed forces of the two parties. (b) A re-groupment of the armed forces of the two parties. (c) Observance of the demarcation lines between the re-grouping zones and of the demilitarized sectors. Within the limits of its competence it shall help the parties to execute the said provisions, shall ensure liaison between them for the purpose of preparing and carrying out plans for the application of these provisions, and shall endeavour to solve such disputed questions as may arise between the parties in the course of executing these provisions. 34. An International Commission shall be set up for the control and supervision of the application of the provisions of the agreement on the cessation of hostilities in Viet-Nam. It shall be composed of representatives of the following States: Canada, India and Poland. It shall be presided over by the Representative of India. 35. 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: Laokay, Langson, Tien-Yen, Haiphong, Vinh, Dong-Hoi, Muong-Sen, Tourane, Quinhon, Nha trang, Bangoi, Saigon, Cap St. Jacques, Tranchau. These points of location may, at a later date, be altered at the request of the Joint Commission, or of one of the parties, or of the International Commission itself, by agreement between the International Commission and the command of the party concerned. The zones of action of the mobile teams shall be the regions bordering the land and sea frontiers of Viet-Nam, the demarcation lines between the re-grouping zones and the demilitarized zones. Within the limits of these zones 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, placing at their disposal documents needed for supervision, summoning witnesses necessary for holding enquiries, ensuring the 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. Beyond the zones of action as defined above, the mobile teams may, by agreement with the command of the party concerned, carry out other movements within the limits of the tasks given them by the present agreement. 36. The International Commission shall be responsible for supervising the proper execution by the parties of the provisions of the agreement. For this purpose it shall fulfil the tasks of control, observation, inspection and investigation connected with the application of the provisions of the agreement on the cessation of hostilities, and it shall in particular: (a) Control the movement of the armed forces of the two parties, effected within the framework of the regroupment plan. (b) Supervise the demarcation lines between the regrouping areas, and also the demilitarized zones. (c) Control the operations of releasing prisoners of war and civilian internees. (d) Supervise at ports and airfields as well as along all frontiers of Viet-Nam the execution of the provisions of the agreement on the cessation of hostilities, regulating the introduction into the country of armed forces, military personnel and of all kinds of arms, munitions and war material. 37. 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. 38. The inspection teams shall submit to the International Commission the results of their supervision, their investigation and their 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 conclusions of each member shall be submitted to the Commission. 39. If any one inspection team is unable to settle an incident or considers that there is a violation or a threat of a serious violation the International Commission shall be informed; the latter shall study the reports and the conclusions 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. 40. When the Joint Commission is unable to reach an agreement on the interpretation to be given to some 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. 41. The recommendations of the International Commission shall be adopted by majority vote, subject to the provisions contained in article 42. If the votes are divided the chairman's vote shall be decisive. The International Commission may formulate recommendations concerning amendments and additions which should be made to the provisions of the agreement on the cessation of hostilities in Viet-Nam, 764 AMERICAN FOREIGN POLICY, 1950-1955 in order to ensure a more effective execution of that agreement. These recommendations shall be adopted unanimously. 42. When dealing with questions concerning violations, or threats of violations, which might lead to a resumption of hostilities, namely: (a) Refusal by the armed forces of one party to effect the movements provided for in the regroupment plan; (b) Violation by the armed forces of one of the parties of the regrouping zones, territorial waters, or air space of the other party; the decisions of the International Commission must be unanimous. 43. If one of the parties refuses to put into effect a recommendation of the International Commission, the parties concerned or the Commission itself shall inform the members of the Geneva Conference.1 If the International Commission does not reach unanimity in the cases provided for in article 42, it shall submit 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 in all cases where its activity is being hindered. 44. The International Commission shall be set up at the time of the cessation of hostilities in Indo-China in order that it should be able to fulfil the tasks provided for in article 36. 45. The International Commission for Supervision and Control in Viet-Nam shall act in close co-operation with the International Commissions for Supervision and Control in Cambodia and Laos. The Secretaries-General of these three Commissions shall be responsible for co-ordinating their work and for relations between them. 46. The International Commission for Supervision and Control in Viet-Nam may, after consultation with the International Commissions for Supervision and Control in Cambodia and Laos, and having regard to the development of the situation in Cambodia and Laos, progressively reduce its activities. Such a decision must be adopted unanimously. 47. All the provisions of the present Agreement, save the second sub-paragraph of Article 11, shall enter into force at 2400 hours (Geneva time) on 22 July 1954. Done in Geneva at 2400 hours on the 20th of July 1954 in French and in Viet-Namese, both texts being equally authentic. 1 See infra, docs. 9 and 10. ANNEX TO THE AGREEMENT ON THE CESSATION OF HOSTILITIES IN VIET-NAM I. Delineation of the provisional military demarcation line and the demilitarized zone (Article 1 of the Agreement; reference map: Indo-China 1/100,000 1) (a) The provisional military demarcation line is fixed as follows, reading from east to west: the mouth of the Song Ben Hat (Cua Tung River) and the course of that river (known as the Rao Thanh in the mountains) to the village of Bo Ho Su, then the parallel of Bo Ho Su to the Laos-Viet-Nam frontier. (b) The dimilitarized zone shall be delimited by Trung Gia Military Commission in accordance with the provisions of article 1 of the Agreement on the cessation of hostilities in Viet-Nam. 1 II. General delineation of the provisional assembly areas (Article 15 of the Agreement; reference maps: Indo-China 1/400,000) 1 (a) NORTH VIET-NAM Delineation of the boundary of the provisional assembly area of 1. The perimeter of Hanoi is delimited by the arc of a circle 2. The perimeter of Haiphong shall be delimited by the In the south, the Red River from Thanh-Tri to Bang-Nho, thence a line joining the latter point to Do-My (southwest of Kesat), Gia-Loc and Tien Kieu; In the north, a line running along the Rapids Canal at a distance of 1,500 metres to the north of the Canal, passing three kilometres north of Pha-Lai and Seven Pagodas and thence parallel to Road No. 18 to its point of intersection with the perimeter of Haiphong. 'Not reprinted here. |