What are the powers of the President of Vietnam and the Prime Minister of Vietnam? Who is more powerful between the President of Vietnam and the Prime Minister of Vietnam?
What are the tasks and powers of the Prime Minister of Vietnam?
Pursuant to Article 98 of the 2013 Constitution stipulates as follows:
“Article 98
The Prime Minister shall be elected by the National Assembly from among its deputies.
The Prime Minister has the following tasks and powers:
1. To lead the work of the Government; to lead the formulation of policies and organize the implementation of laws;
2. To lead and take responsibility for the work of the state administration system from the central to the local level, ensuring the consistency and continuity of the national administration system;
3. To submit to the National Assembly for approval proposals on the appointment, relief from duty or dismissal of Deputy Prime Ministers, Ministers or other members of the Government; to appoint, relieve from duty or dismiss Deputy Ministers or officials of equal rank of ministries or ministerial-level agencies; to approve the election and relief from duty, and to decide on the transfer or dismissal of Chairpersons and Vice Chairpersons of the People’s Committees of provinces or centrally run cities;
4. To suspend the implementation of, or annul the documents, of Ministers, Heads of ministerial-level agencies, People’s Committees, Chairpersons of the People’s Committees of provinces or centrally run cities that contravene the Constitution, laws or documents of state agencies at higher levels; to suspend the implementation of resolutions of the People’s Councils of provinces or centrally run cities that contravene the Constitution, laws or documents of state agencies at higher levels and, at the same time, to propose the Standing Committee of the National Assembly to annul them;
5. To decide on and direct the negotiation of, and to direct the conclusion, and accession to, or ratification of, treaties within the scope of the tasks and powers of the Government; to organize the implementation of treaties to which the Socialist Republic of Vietnam is a contracting party;
6. To make reports to the People through the mass media on important issues falling within the competence of the Government and the Prime Minister.”
According to the 2013 Constitution, the Prime Minister shall be elected by the National Assembly from among its deputies. The Prime Minister will have to perform the tasks and powers as prescribed above.
In addition, the powers of the Prime Minister are also stipulated in Article 28 of the Law on Government Organization 2015 (amended by points a and b, clause 2, Article 1 of the Law on amendments to some Articles of the Law on Government Organization 2019) as follows:
“Article 28. Duties and powers of the Prime Minister
1. Lead the tasks of the Government; lead the formulation of policies and organize the implementation of laws; prevent and combat bureaucracy, corruption and extravagance as follows:
a) Lead and direct formulation of law projects, ordinances and draft resolutions for submission to the National Assembly and the National Assembly Standing Committee;
b) Lead and direct formulation of legislative documents, strategies, proposals, plans, policies and other projects under the decision-making authority of the Government and the Prime Minister;
c) Direct, regulate and collaborate in operations of the cabinet members; make a decision on dealing with discrepancies between Ministers and Heads of Ministry-level agencies;
d) Lead the performance of duties to prevent and combat bureaucracy, corruption and extravagance in operations of the state machinery and socioeconomic activities;
dd) Guide and direct the President of the provincial People’s Committee to implement legal regulations and programs, plans and strategies of the Government in terms of economic management, culture, society and national defence and security;
e) Lead, direct inspection and settlement of violations in the course of implementation of the Constitution and legislation across the country.
2. Lead and take responsibility for operations of the state administrative system at the central level through the local one, and ensure the consistency, transparency and continuity of the national administrative foundation as follows:
a) Manage and direct operations of the state administrative system at the central level through the local one during the process of serving the people, and implement duties to develop economy, culture, society as well as improve national defence and security;
b) Direct the management of officials, public officials and public employees in administrative agencies and public service providers;
c) Lead, direct and organize the inspection and examination of rendering of civil services carried out by officials and civil servants in the state administrative system;
d) Lead and direct inspection and examination of management of officials, civil servants and public employees in the state administrative system at the central level through the local one;
dd) Decide to grant powers or authorization to perform the tasks decided by the Prime Minister regarding management of public officials and public officials in administrative agencies and public service providers;
e) Lead and direct management and administration of all facilities, finances and state budget resources used for supporting operations of the state machinery;
g) Authorize Deputies of the Prime Minister and Ministers or Heads of Ministry-level agencies to implement one or several duties under the authority of the Minister;
h) Lead and direct the work of administrative and civil service reform in the state administrative system at the central level through the local one;
i) Lead, direct and check activities of Ministers, Heads of Ministry-level agencies, local governments and heads of organs or agencies in the state administrative system at the central level through the local one.
3. Request the National Assembly to ratify the proposal to appoint, discharge and dismiss the Deputies of the Prime Minister, Ministers and other cabinet members; during the National Assembly's meeting, request the President of Vietnam to decide the temporary suspension of the capacity of the Prime Minister's Deputies, Ministers and other cabinet members.
4. Request the National Assembly Standing Committee to ratify the appointment and discharge of Ambassadors Extraordinary and Plenipotentiary of the Socialist Republic of Vietnam
5. In between the National Assembly’s meetings, decide to choose acting Ministers or Heads of Ministry-level agencies upon the request of the Minister of Home Affairs in case there is any vacancy for a Minister or Head of a Ministry-level agency. In between the provincial People’s Council’s meetings, decide to choose acting Presidents of the provincial People’s Committee upon the request of the Minister of Home Affairs in case there is any vacancy for a President of the provincial People’s Committee.
6. Decide the appointment, discharge, dismissal and resignation of Deputy Ministers, equivalent positions of Ministries and Ministry-level agencies; decide the appointment, discharge and resignation of heads and vice heads of Government agencies.
7. Ratify the election, discharge and dispatch, work suspension and dismissal of the President and Vice President of the provincial People’s Committee. Request the President of the provincial People’s Committee to suspend and discharge the President and Vice President of the People's Committee at the inferior level if they fail to perform duties delegated by competent authorities or they commit law violations.
8. Suspend the enforcement or abolishment of documents issued by Ministers, Heads of Ministry-level agencies, the People's Committees and Presidents of the provincial People’s Committees which are in breach of the Constitution, legislation and documents of state organs at the superior level; suspend the implementation of resolutions of the provincial People's Council in breach of the Constitution, legislation and documents issued by state organs at the superior level, and concurrently request the National Assembly Standing Committee to abolish them.
9. Decide and direct the negotiation, and direct conclusion of and accession to International Agreements under the authority of the Government; organize the implementation of the international agreements to which the Socialist Republic of Vietnam is a signatory.
10. Decide to establish, merge and dissolve other agencies or organizations affiliated to People’s Committees of provinces; decide to establish councils, committees or others when necessary in order to assist the Prime Minister to consider, direct and collaborate in dealing with important interdisciplinary issues.
11. Convene and preside at the Government’s meetings”
Accordingly, the Prime Minister will have the tasks and powers according to the above provisions.
What are the powers of the President of Vietnam and the Prime Minister of Vietnam? Who is more powerful between the President of Vietnam and the Prime Minister of Vietnam?
What are the tasks and powers of the President of Vietnam?
Pursuant to Article 88 of the 2013 Constitution stipulates as follows:
“Article 88
The President has the following tasks and powers:
1. To promulgate the Constitution, laws and ordinances; to request the Standing Committee of the National Assembly to reconsider its ordinances, within ten days of their passage; if those ordinances are still voted for by the Standing Committee of the National Assembly and disapproved by the President, the President shall refer the matter to the National Assembly for decision at its next session;
2. To propose to the National Assembly to elect, relieve from duty or remove from office the Vice President or Prime Minister; and, based on resolutions of the National Assembly, to appoint, relieve from duty or dismiss Deputy Prime Ministers, Ministers or other members of the Government;
3. To propose the National Assembly to elect, relieve from duty or remove from office the Chief Justice of the Supreme People's Court or Procurator General of the Supreme People's Procuracy; and, based on resolutions of the National Assembly, to appoint, relieve from duty or dismiss Judges of the Supreme People's Court; to appoint, relieve from duty or dismiss Deputy Chief Justices of the Supreme People's Court, Judges of other Courts or Deputy Procurators General or Procurators of the Supreme People's Procuracy; to decide on a special amnesty; or, based on resolutions of the National Assembly, to proclaim a general amnesty;
4. To decide on the award of orders, medals, state prizes or state honorary titles; to decide to permit naturalization in Vietnam, renunciation of Vietnamese citizenship, restoration of Vietnamese citizenship or deprivation of Vietnamese citizenship;
5. To assume command of the people’s armed forces and hold the office of Chairperson of the National Defense and Security Council; to decide on the award, promotion, demotion or deprivation of the ranks of general, naval rear admiral, naval vice admiral and naval admiral; to appoint, relieve from duty or dismiss the Chief of the General Staff or the Director of the Political General Department of the Vietnamese People’s Army; based on resolutions of the National Assembly or the Standing Committee of the National Assembly, to promulgate or annul decisions to declare a state of war; based on resolutions of the Standing Committee of the National Assembly, to issue an order on general mobilization or partial mobilization, to declare or cancel a state of emergency; or, in case the Standing Committee of the National Assembly cannot meet, to declare or cancel a state of emergency nationwide or in a particular locality;
6. To receive foreign ambassadors extraordinary and plenipotentiary; based on resolutions of the Standing Committee of the National Assembly, to appoint, relieve from duty; decide to send or recall ambassadors extraordinary and plenipotentiary of the Socialist Republic of Vietnam; to confer the ambassadorial title and rank; to decide on the negotiation and conclusion of treaties in the name of the State; to submit to the National Assembly for ratification of, or decision on the accession to, or withdrawal from, the treaties specified in Clause 14, Article 70; to decide on the ratification of, accession to, or withdrawal from, other treaties in the name of the State.”
Thus, the President will have the powers and duties as stipulated above.
Who is more powerful between the President of Vietnam and the Prime Minister of Vietnam?
As analyzed in the above provisions, the President and the Prime Minister, each title will have specific powers and tasks prescribed by law.
The Prime Minister is the head of the Government (executive agency), responsible for reporting on the Government, the National Assembly and the President of the country.
The President is the head of the state and performs domestic and foreign affairs on behalf of our country. In addition, the President may propose to elect, relieve and dismiss the Prime Minister and command the people's armed forces.
According to the above content, because these two titles have different duties and powers, it is impossible to compare who is more powerful.
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