Can the Vice President, who no longer holds the position of Acting President, attend the meetings of the Standing Committee of the National Assembly?
When Is the Authority of the President Entrusted to the Vice President?
Based on Article 93 of the 2013 Constitution, the authority of the President is stated as follows:
When the President is unable to work for an extended period, the Vice President assumes the authority of the President.
In the event of a vacancy in the presidency, the Vice President assumes the authority of the President until the National Assembly elects a new President.
The authority of the President is only entrusted to the Vice President in the event of a vacancy in the presidency and the National Assembly has not yet elected a new President.
Regarding the standards for the Vice President, they are stipulated in sub-section 2.10 of Section 2 of Regulation 214-QD/TW of 2020 as follows:
- Ensure full compliance with the general standards of a member of the Central Executive Committee;
- At the same time, require qualities and capabilities:
+ Necessary knowledge in the fields of domestic affairs, foreign affairs, security, defense, and justice.
+ High social prestige.
+ Ability to unify, gather, and enhance the great national solidarity block, creating social consensus following the Communist Party’s policies.
+ Leadership and operational capability according to the assigned functions, tasks, and powers.
+ Must be a full-fledged member of the Central Executive Committee for a full term, and simultaneously have experience and satisfactorily complete the tasks in key leadership positions at the provincial level or key positions in the Central committees, ministries and central authorities, and central mass organizations.
Does the Vice President have the right to attend the National Assembly Standing Committee meeting after no longer holding the President's authority? (Image from the internet)
Which Position Will the Acting President Hold After a New President is Elected?
Based on Article 93 of the 2013 Constitution, the content is regulated as follows:
When the President is unable to work for an extended period, the Vice President assumes the authority of the President.
In the event of a vacancy in the presidency, the Vice President assumes the authority of the President until the National Assembly elects a new President.
According to the above regulation, the authority of the President will be assumed by the Vice President when the President is unable to work for an extended period or when there is a vacancy in the presidency.
Thus, when the National Assembly elects a new President, the authority of the President will no longer exist.
Therefore, the person acting as President will perform the rights and duties of the Vice President.
To be specific, Ms. Vo Thi Anh Xuan assumed the authority of the President starting from January 18, 2023, after the 15th National Assembly passed a resolution to relieve Mr. Nguyen Xuan Phuc from the position of President for the 2021 - 2026 term and to discharge his duties as a member of the 15th National Assembly on the same day.
On the morning of March 2, 2023, the National Assembly passed a resolution electing Mr. Vo Van Thuong as the President for the 2021-2026 term.
After a new President of Vietnam is elected, Ms. Vo Thi Anh Xuan will continue to hold the position of Vice President of the Socialist Republic of Vietnam.
Does the Vice President Have the Right to Attend the National Assembly Standing Committee Meeting After No Longer Holding the President’s Authority?
Based on Article 60 of the 2014 Law on Organization of the National Assembly, provisions for the National Assembly Standing Committee meetings are as follows:
National Assembly Standing Committee Meetings
- The National Assembly Standing Committee discusses and decides issues within its duties and powers at its meetings.
The National Assembly Standing Committee meetings must have at least two-thirds of the total members of the National Assembly Standing Committee in attendance.
- The Chairman of the National Assembly presides over the meetings of the National Assembly Standing Committee. The Vice Chairmen of the National Assembly assist the Chairman in conducting the meetings according to the Chairman's assignments.
- Members of the National Assembly Standing Committee are responsible for attending all meetings. If unable to attend a meeting, they must report the reason for the Chairman of the National Assembly to consider and decide.
- The President of the State has the right to attend the meetings of the National Assembly Standing Committee. The Prime Minister of the Government of Vietnam, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the Chairman, and Vice Chairmen of the Nationalities Council, and the Chairmen and Vice Chairmen of the Committees of the National Assembly are invited to attend the meetings of the National Assembly Standing Committee.
Permanent members, specialized members of the Nationalities Council, and Committees of the National Assembly are invited to attend the meetings of the National Assembly Standing Committee discussing contents related to the fields under the charge of the Council or Committee.
- Representatives of relevant agencies and organizations are invited to attend the meetings of the National Assembly Standing Committee when discussing related contents.
According to the above regulations, only the President of the State has the right to attend the meetings of the National Assembly Standing Committee.
Therefore, the Vice President, who no longer holds the President’s authority, cannot attend the meetings of the National Assembly Standing Committee.
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