Foreign Relations, 1969–1976, Volume XLII, Vietnam: The Kissinger-Le Duc Tho Negotiations

Draft Agreement Between the United States and the Democratic Republic of Vietnam¹

Paris, October 17, 1972

[OPTION FOR TWO PARTY SIGNING]

AGREEMENT ON ENDING THE WAR AND RESTORING PEACE IN VIETNAM

The Government of the United States of America, with the concurrence of the Government of the Republic of Vietnam;

The Government of the Democratic Republic of Vietnam, with the concurrence of the Provisional Revolutionary Government of the Republic of South Vietnam;

With a view to ending the war and restoring peace in Vietnam on the basis of respect for the Vietnamese people’s fundamental national rights and the South Vietnamese people’s right to self-determination, and to contributing to the consolidation of peace in Asia and the world;

Have agreed on the following provisions and undertake to respect and to implement them:

[OPTION FOR FOUR PARTY SIGNING]

AGREEMENT ON ENDING THE WAR AND RESTORING PEACE IN VIETNAM

The Government of the United States of America and the Government of the Republic of Vietnam with the concurrence of those other countries allied with them on the one hand, and the Government of the Democratic Republic of Vietnam and the Provisional Revolutionary Government of the Republic of South Vietnam, on the other hand;

With a view to ending the war and restoring peace in Vietnam on the basis of respect for the Vietnamese people’s fundamental national rights and the South Vietnamese people’s right to self-determination, and to contributing to the consolidation of peace in Asia and the world;

Have agreed on the following provisions and undertake to respect and to implement them:

Chapter I

THE VIETNAMESE PEOPLE’S FUNDAMENTAL NATIONAL RIGHTS

Article 1. — The United States respects the independence, sovereignty, unity, and territorial integrity of Vietnam as recognized by the 1954 Geneva Agreements on Vietnam.

Chapter II

CESSATION OF HOSTILITIES—WITHDRAWAL OF TROOPS

Article 2. — A ceasefire shall be observed throughout South Vietnam as of hours (Indochina time), on ______, 1972, i.e. ______ hours G.M.T., on ______, 1972.

At the same hour, the United States will stop all its military activities against the territory of the Democratic Republic of Vietnam by ground, air and naval forces, wherever they may be based, and end the mining of the territorial waters, ports, harbors, and waterways of the Democratic Republic of Vietnam. The United States will remove, permanently deactivate or destroy all the mines in the territorial waters, ports, harbors, and waterways of North Vietnam as soon as this agreement goes into effect.

The complete cessation of hostilities mentioned in this Article shall be durable and without limit of time.

Article 3. — The Parties undertake to maintain the ceasefire and to ensure a lasting and stable peace. As soon as the ceasefire goes into effect:

a) The United States forces and those of the other foreign countries allied with the United States and with the Republic of Vietnam shall remain in-place pending the implementation of the plan of troop withdrawal. The Four-Party Joint Military Commission described in Article 11 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 12 shall determine the areas controlled by each party and the modalities of stationing.

c) The regular forces of all services and arms and the irregular forces of the parties in South Vietnam shall stop all offensive activities against each other and shall strictly abide by the following stipulations:

— All acts of force on the ground, in the air, and on the sea shall be prohibited;

— All hostile acts, terrorism and reprisals by both sides will be banned.

Article 4. — The United States will not continue its military involvement or intervene in the internal affairs of South Vietnam.

Article 5. — Within sixty days of the signing of this agreement, there will be a total withdrawal from South Vietnam of troops, military advisers, and military personnel, including technical military personnel and military personnel associated with the pacification program, armaments, munitions, and war material of the United States and those of the other foreign countries allied with the United States and with the Republic of Vietnam. 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 of the United States and those of the other foreign countries allied with the United States and with the Republic of Vietnam in South Vietnam shall be completed within sixty days of the signing of this agreement.

Article 7. — [Not yet agreed] — From the enforcement of the ceasefire to the formation of the government provided for in articles 9b and 9i of this agreement, the two South Vietnamese parties shall not accept the introduction of troops, military advisers, and military personnel including technical military personnel, armaments, munitions, and war material into South Vietnam.

The two South Vietnamese parties shall, however, be permitted to make periodic replacements of arms, munitions and war material destroyed, damaged, worn out or used up after the ceasefire on the basis of piece-for-piece of the same type and with similar characteristics. Such replacements shall come under international supervision as provided in Chaper VI of this agreement.

Chapter III [Not yet agreed]

THE RETURN OF CAPTURED MILITARY PERSONNEL AND CIVILIANS OF THE PARTIES

Article 8. — a) The return of all military personnel and civilians of all of the parties with the exception of those South Vietnamese civilians held by the two South Vietnamese parties shall be carried out simultaneously with and completed on the same day as the troop withdrawal mentioned in Article 5. The parties shall exchange complete lists of the above-mentioned personnel on the day of the signing of this agreement.

b) The parties shall help each other to get information about those captured military personnel and 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 South Vietnamese civilian personnel held by the two South Vietnamese parties will be resolved by the South Vietnamese parties on the basis of the principles of Article 21 (b) of the agreement on the cessation of hostilities in Vietnam of July 20, 1954. They 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 this as soon as possible and do their utmost to resolve this question within two months after the ceasefire comes into effect.

Chapter IV

THE EXERCISE OF THE SOUTH VIETNAMESE PEOPLE’S RIGHT TO SELF-DETERMINATION

Article 9. — The Government of the United States of America and the Government of the Democratic Republic of Vietnam undertake to respect the following principles for the exercise of the South Vietnamese people’s right to self-determination:

a) The South Vietnamese people’s right to self-determination is sacred, inalienable, and shall be respected by all countries.

b) The South Vietnamese people shall decide themselves the political future of South Vietnam through genuinely free and democratic general elections under international supervision.

c) The two South Vietnamese parties undertake to respect the ceasefire and maintain peace in South Vietnam, settle all matters of contention through negotiations, and avoid all armed conflict.

d) The United States declares that it respects the South Vietnamese people’s right to self-determination; it is not committed to any political tendency or to any personality in South Vietnam; and it does not seek to impose a pro-American government in Saigon.

e) Immediately after the ceasefire, 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.

f) Immediately after ceasefire, the two South Vietnamese parties shall hold consultations in a spirit of national reconciliation and concord, mutual respect, and mutual non-elimination to set up an administrative structure called the National Council of National Reconciliation and Concord of three equal segments. [DRV proposes that the Council be established within 15 days after the ceasefire.] The Council shall operate on the principle of unanimity. After the National Council of National Reconciliation and Concord has assumed its functions, the two South Vietnamese parties will consult about the formation of councils at lower levels. The two South Vietnamese parties shall sign an agreement on the internal matters of South Vietnam as soon as possible and do their utmost to accomplish this within three months after the ceasefire comes into effect, in keeping with the South Vietnamese people’s aspirations for peace, independence and democracy.

g) The National Council of National Reconciliation and Concord shall have the task of promoting the two South Vietnamese parties’ implementation of the signed agreements, maintenance of the ceasefire, preservation of peace, achievement of national reconciliation and concord and ensuring of democratic liberties. The National Council of National Reconciliation and Concord will organize the free and democratic general elections provided for in Article 9 b) and decide the procedures and modalities of these elections. [DRV proposes that these elections be held within 6 months after the ceasefire]. 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.

h) The question of Vietnamese armed forces in South Vietnam shall be settled by the two South Vietnamese parties in a spirit of national reconciliation and concord, equality and mutual respect, without foreign interference, in accordance with the postwar situation. Among the questions to be discussed by the two South Vietnamese parties are steps to reduce the military numbers on both sides and to demobilize the troops being reduced.

i) South Vietnam will pursue a foreign policy of peace and independence. It will respect the military provisions of the 1954 Geneva Agreements on Vietnam which prohibit the joining of any military alliance or military bloc or the maintenance by foreign powers of military bases, troops, military advisers and military personnel on its territory. It will maintain relations with all countries irrespective of their political or social systems and accept economic and technical aid from any country with no political conditions attached. The acceptance of military aid by South Vietnam in the future shall come under the authority of the government set up after the general elections in South Vietnam.

Chapter V

THE REUNIFICATION OF VIETNAM AND THE RELATIONSHIP BETWEEN SOUTH AND NORTH VIETNAM

Article 10. — As stipulated in the 1954 Geneva Agreements on Vietnam, the military demarcation line at the 17th parallel is only provisional and not a political or territorial boundary.

The reunification of Vietnam shall be carried out step by step through peaceful means, on the basis of discussions and agreements between North and South Vietnam, without coercion or annexation by either party, and without foreign interference. The time for reunification will be agreed upon by North and South Vietnam.

Pending reunification, South and North Vietnam shall promptly start negotiations toward the reestablishment of normal relations in various fields.

Pending reunification, South and North Vietnam shall not join any military alliance or military bloc and shall not allow foreign powers to maintain military bases, troops, military advisers, and military personnel on their respective territories, as stipulated in the 1954 Geneva Agreements on Vietnam.

Chapter VI

THE JOINT MILITARY COMMISSION, THE INTERNATIONAL COMMISSION OF CONTROL AND SUPERVISION, THE INTERNATIONAL CONFERENCE

Article 11. — a) The Government of the United States of America, the Government of the Republic of Vietnam, the Government of the Democratic Republic of Vietnam and the Provisional Revolutionary Government of the Republic of South Vietnam shall immediately designate representatives to form a Four-Party Joint Military Commission with the task of ensuring joint action by the parties in implementing the following provisions of this agreement:

— The first paragraph of Article 2 regarding the enforcement of the ceasefire throughout South Vietnam.

— Article 3 a), regarding the ceasefire by U.S. forces and those of the other foreign countries allied to the United States and the Republic of Vietnam.

— Article 3 c), regarding the ceasefire between all parties in South Vietnam.

— Article 5 regarding the withdrawal from South Vietnam of U.S. troops and those of the other foreign countries allied with the United States and to the Republic of Vietnam.

— Article 6 regarding the dismantlement of military cases in South Vietnam of the United States and those of the other foreign countries allied with the United States and with the Republic of Vietnam.

— Article 8 regarding the return of captured military personnel and innocent civilians of the parties.

b) The four-party Joint Military Commission shall operate in accordance with the principle of consultations and unanimous agreement. 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 after the implementation of the first paragraph of Article 2, Articles 3a and 3c, and Articles 5, 6 and 8 of this agreement.

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 12. — The Government of the Republic of Vietnam and the Provisional Revolutionary Government of the Republic of South Vietnam shall immediately designate representatives to form a Joint Military Commission composed of the two South Vietnamese parties with the task of ensuring joint action by the two South Vietnamese parties in implementing the following provisions of this agreement concerning the two parties:

— The first paragraph of Article 2, regarding the enforcement of the ceasefire throughout South Vietnam, when the Four Party Joint Military Commission has ended its activities.

— Article 3b regarding the ceasefire between the South Vietnamese parties.

— Article 3c regarding the ceasefire between all parties in South Vietnam, when the Four Party Joint Commission has ended its activities.

— Article 7 regarding the introduction of troops into South Vietnam and all its other provisions.

— Article 9 h), regarding the question of Vietnamese armed forces in South Vietnam.

Disagreements shall be referred to the International Commission of Control and Supervision. After the signing of this agreement, the two-party Joint Military Commission shall agree immediately on the measures and the organization aimed at enforcing the ceasefire and preserving peace in South Vietnam.

Article 13. — a) After the signing of this agreement, an International Commission of Control and Supervision shall be established immediately

b) Until the international guarantee conference makes definitive arrangements, the International Commission of Control and Supervision will report to the four parties on matters concerning the control and supervision of the implementation of the following provisions of this agreement:

— The first paragraph of Article 2, regarding the enforcement of the ceasefire in South Vietnam.

— Article 3a, regarding the ceasefire by U.S. forces and those of the other foreign countries allied to the United States.

— Article 3c, regarding the ceasefire between all the parties in South Vietnam.

— Article 5 regarding the withdrawal from South Vietnam of U.S. troops and those of the other foreign countries allied to the U.S. and to the Republic of Vietnam.

— Article 6 regarding the dismantlement of military bases in South Vietnam of the United States and those of the other foreign countries allied to the U.S. and to the Republic of Vietnam.

— Article 8 regarding the return of captured military personnel and innocent civilians of the parties.

The International Commission of Control and Supervision shall form control terms for carrying out its tasks. The four parties shall agree immediately on the location and operation of these terms. The parties will facilitate their operation.

c) Until the international guarantee conference makes definitive arrangements, the International Commission of Control and Supervision will report to the two South Vietnamese parties for 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 ceasefire throughout South Vietnam.

— Article 3 b) regarding the ceasefire between the South Vietnamese parties.

—Article 3 c), regarding the ceasefire between all the parties in South Vietnam.

— Article 7, regarding the introduction of troops in South Vietnam and all its other provisions.

— Article 9 b) regarding the free and democratic general elections in South Vietnam.

— Article 9 h) regarding any agreements reached between the two Vietnamese parties on the reduction of military numbers of the Vietnamese armed forces in South Vietnam and the demobilization of troops being reduced.

The International Commission of Control and Supervision shall form international control teams for carrying out these tasks. The two South Vietnamese parties shall agree immediately on the location and operation of these teams. The 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 sovereignty.

f) The International Commission of Control and Supervision shall operate in accordance with the principle of consultations and unanimity.

g) The International Commission of Control and Supervision shall begin operating when a ceasefire comes into force in Vietnam. As regards the provisions in Article 13b 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 13c 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 provided for in Article 9 b).

h) The four parties shall agree immediately on the organization, means of action, and expenditures of the International Commission of Control and Supervision. The relationship between the International Commission and the international guarantee conference will be agreed upon by the International Commission and the international conference.

Article 14. — The parties agree on the convening of an international conference within 30 days of the signing of this agreement to acknowledge the signed agreements; to guarantee the ending of the war, the maintenance of peace in Vietnam, the respect of the Vietnamese people’s fundamental national rights, and the South Vietnamese people’s right to self-determination; and to contribute to and guarantee peace in Indochina.

The United States and the Democratic Republic of Vietnam will propose to the following parties that they participate in this international conference: the Union of Soviet Socialist Republics. the People’s Republic of China, France, 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 to the Paris Conference on Vietnam.

Chapter VII

CAMBODIA AND LAOS

Article 15. — a) The Government of the United States of America, the Government of the Republic of Vietnam, the Government of the Democratic Republic of Vietnam, and the Provisional Revolutionary Government of the Republic of South Vietnam shall strictly respect the Cambodian and the Lao peoples’ fundamental national rights as recognized by the 1954 Geneva Agreements on Indochina and the 1962 Geneva Agreements on Laos, i.e. the independence, sovereignty, unity, and territorial integrity of these countries. They shall respect the neutrality of Cambodia and Laos.

The Government of the United States of America, the Government of the Republic of Vietnam, the Government of the Democratic Republic of Vietnam, and the Provisional Revolutionary Government of the Republic of South Vietnam undertake to refrain from using the territory of Cambodia and the territory of Laos to encroach on the sovereignty and security of other countries.

b) Foreign countries shall put an end to all military activities in Laos and Cambodia, totally withdraw from and refrain from reintroducing into these two countries troops, military advisers and military personnel, armaments, munitions and war material.

c) The internal affairs of Cambodia and Laos shall be settled by the people of each of these countries without foreign interference.

d) The problems existing between the three Indochinese countries shall be settled by the Indochinese parties on the basis of respect for each other’s independence, sovereignty, and territorial integrity, and non-interference in each other’s internal affairs.

Chapter VIII

THE RELATIONSHIP BETWEEN THE UNITED STATES OF AMERICA AND THE DEMOCRATIC REPUBLIC OF VIETNAM

Article 16. — The United States expects that this agreement will usher in an era of reconciliation with the Democratic Republic of Vietnam as with all the peoples of Indochina. In pursuance of its traditional policy, the United States will contribute to healing the wounds of war and to post-war reconstruction of the Democratic Republic of Vietnam and throughout Indochina.

Article 17. — The ending of the war, the restoration of peace in Vietnam, and the strict implementation of this agreement will create conditions for establishing a new, equal, and mutually beneficial relationship between the Democratic Republic of Vietnam and the United States 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 it will ensure stable peace in Vietnam and contribute to the preservation of lasting peace in Indochina and Southeast Asia.

Chapter IX

OTHER PROVISIONS

Article 18. — This agreement shall come into force as of its signing. It will be strictly implemented by all the parties concerned.

Done in __________ on __________, 1972, in Vietnamese and English. The Vietnamese and the English texts are official and equally authentic. Subsequently a French text will be prepared for reference.

1. Source: National Archives, Nixon Presidential Materials, NSC Files, Box 857, For the President’s Files (Winston Lord)—China Trip/Vietnam, Sensitive Camp David, Vol. XX [2 of 2]. No classification marking. All brackets are in the original. The agreement was attached at Tab A to a memorandum of conversation recording an October 19 meeting among Kissinger, Thieu, and U.S. and South Vietnamese officials printed in Foreign Relations, 1969–1976, vol. IX, Vietnam, October 1972–January 1973, Document 27. For the memorandum of conversation recording the October 17 meeting at which Kissinger and Le Duc Tho agreed to this draft, see Document 25.

   The North Vietnamese Government transmitted its acceptance of the U.S. formulation of Articles 7 and 8—the language of which had not been agreed at the conclusion of the October 17 meeting—on October 19. In an October 20 message acknowledging the North Vietnamese acceptance, the U.S. Government wrote: “For purposes of clarity and to avoid any ambiguity, the U.S. side has deleted the first clause of the second paragraph of Article 7, and the entire Article 7 as accepted by the U.S. side now reads as follows: Quote: Article 7. From the enforcement of the ceasefire to the formation of the government provided for in Articles 9b and 9i of this agreement, the two South Vietnamese parties shall not accept the introduction of troops, military advisers, and military personnel including technical military personnel, armaments, munitions, and war material into South Vietnam. The two South Vietnamese parties shall be permitted to make periodical replacements of armaments, munitions and war material which have been worn out or damaged after the ceasefire, 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. End quote.” (See Foreign Relations, 1969–1976, vol. IX, Vietnam, October 1972–January 1973, Document 30 and footnote 2 thereto.)

   The final agreed text of Article 8 reads: “a) The return of captured military personnel and foreign civilians of the parties shall be carried out simultaneously with and completed on 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 captured 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 the 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 other Vietnamese civilian personnel detained in South Vietnam and not covered by 8 a) above will be resolved by the South Vietnamese parties on the basis of the principles of Article 21 b) of the agreement on the cessation of hostilities in Vietnam of July 20, 1954. The South Vietnamese parties will do so in a spirit of national reconciliation and concord, with a view to ending hatred and enmity, in order to ease suffering and to reunite families. The two South Vietnamese parties will do their utmost to resolve this question within three months after the ceasefire comes into effect.” (Attached but not printed at Tab A, Document 26.)

   On the South Vietnamese government’s rejection of the October 17 agreement, see footnote 1, Document 26.