Vietnam: Must the new State President and the Chairperson of the National Assembly be a member of the Politburo? What are the procedures for electing the new State President and Chairperson of the National Assembly?

"Must the new State President and the Chairperson of the National Assembly be a member of the Politburo? What are the procedures for electing the new State President and Chairperson of the National Assembly?" - asked Mr. Q (Gia Lai)

Must the new State President and the Chairperson of the National Assembly be a member of the Politburo?

The new President of the Socialist Republic of Vietnam and the Chairperson of the National Assembly must meet the general standards in Section 1, Part I of Regulation 214-QD/TW 2020.

Under Section 2, Part I, Regulation 214-QD/TW of 2020, the specific standards of the President of the Socialist Republic of Vietnam and the Chairperson of the National Assembly are specified as follows:

(1) President of the Socialist Republic of Vietnam:

- Have high prestige, be the center of unity in the Central Committee, the Politburo, the whole CPV, the National Assembly, and the people; have the outstanding and comprehensive capacity in all aspects of work, especially in the fields of domestic affairs, foreign affairs, security, and defense; Have deep and broad understanding of judicial work

- Be a center for uniting social forces and ethnic communities at home and abroad, be decisive in leading and administering according to assigned functions, duties, and powers;

- Have experienced and successfully completed their duties in the position of provincial secretary, member of a committee, or head of a central department, ministry, or central authority; have joined the Politburo for a full term or more; in special cases, the Central Committee of CPV shall decide.

(2) Chairperson of the National Assembly:

- Have high prestige, be the center of unity in the Central Committee, the Politburo, the whole CPV, the National Assembly, and the people;

- Be decisive in leading and administering according to assigned functions, duties, and powers;

- Have outstanding and comprehensive capacity in all fields of work, especially in strategic planning of socio-economic development, defense, and security and in directing the institutionalization of the CPV's guidelines, lines, and resolutions on law making, law enforcement supervision, and decisions on important issues of the country;

- Ensure democracy, fairness, openness, and transparency, representing the will and aspirations of all classes of people and ensuring that all state power belongs to the people;

- Have a deep understanding of Vietnam's legal system, international laws and practices;

- Be able to manage the quality and efficiency of meetings of the National Assembly and the Standing Committee of the National Assembly;

- Have experienced and successfully completed their duties in the position of provincial secretary, member of a committee, or head of a central department, ministry, or branch; joined the Politburo for a full term or more; in special cases, the Central Committee of CPV shall decide.

Thus, the new President of the Socialist Republic of Vietnam and the Chairperson of the National Assembly must join the Politburo for at least 1 term.

Therefore, members of the Politburo who serve at least 1 term and meet the general and specific standards mentioned above can be elected as the new President of the Socialist Republic of Vietnam or the Chairperson of the National Assembly.

*Note: the Central Committee of CPV shall decide.

What are the procedures for electing the new President of the Socialist Republic of Vietnam?

Under Clause 2, Article 8 of the 2014 Law on Organization of the National Assembly, the National Assembly of Vietnam shall elect the President from among its deputies at the proposal of the Standing Committee of the National Assembly of Vietnam.

The procedures for electing the President of the Socialist Republic of Vietnam are specified in Article 33 of the Rules of the National Assembly session promulgated together with Resolution 71/2022/QH15:

Step 1: The Standing Committee of the National Assembly of Vietnam submits the list of candidates for the National Assembly of Vietnam to elect the State President.

Step 2: In addition to the list proposed by the Standing Committee of the National Assembly of Vietnam, National Assembly Delegates have the right to recommend or self-nominate for the post of State President; the recommended person has the right to withdraw from the list of candidates.

Step 3: National Assembly Delegates discuss at the National Assembly Delegations; The Chairperson of the National Assembly may meet with the Heads of National Assembly Delegations to discuss relevant matters.

Step 4: The Standing Committee of the National Assembly of Vietnam shall report to the National Assembly on the explanation and reception of opinions of National Assembly deputies discussed at the National Assembly Delegation; submit to the National Assembly for decision on the list of candidates recommended by National Assembly Delegates or self-nominees (if any).

Step 5: The National Assembly of Vietnam discusses and votes on the list to elect the State President.

Step 6: The National Assembly of Vietnam establishes a Vote Counting Committee.

Step 7: The National Assembly elects the State President by secret ballot.

Step 8: The vote counting committee shall report the vote counting results and voting results.

Step 9: The Standing Committee of the National Assembly of Vietnam submits to the National Assembly a draft resolution to elect the State President.

Step 10: The National Assembly of Vietnam discusses.

Step 11: The Standing Committee of the National Assembly of Vietnam shall report to the National Assembly on the explanation, reception of opinions of National Assembly members, and correction of the draft resolution.

Step 12: The National Assembly votes to approve the draft resolution.

Step 13: The State President takes the oath.

What are the procedures for electing the new Chairperson of the National Assembly of Vietnam?

Under Clause 2, Article 8 of the 2014 Law on Organization of the National Assembly, The National Assembly shall elect its Chairperson among National Assembly deputies according to the list of nominees for such positions presented by the Standing Committee of the National Assembly.

The procedures for electing the Chairperson of the National Assembly of Vietnam are specified in Clause 3, Article 32 of the Rules of the National Assembly session promulgated together with Resolution 71/2022/QH15 as follows:

Step 1: The Standing Committee of the National Assembly of the preceding term submits the list of nominees for the National Assembly to elect the Chairperson of the National Assembly of Vietnam.

In addition to the list proposed by the Standing Committee of the National Assembly of the preceding term, National Assembly deputies have the right to recommend others or self-nominate for the position of Chairperson of the National Assembly of Vietnam, and the recommended person has the right to withdraw from the list of nominees;

Step 2: National Assembly deputies discuss at the National Assembly Delegation; The Chairperson of the National Assembly of the preceding term may meet with the Heads of National Assembly Delegations to discuss relevant matters;

Step 3: The Standing Committee of the National Assembly of the preceding term shall report to the National Assembly on the explanation and reception of opinions of National Assembly deputies discussed at the National Assembly Delegation; submit to the National Assembly for decision the list of nominees recommended by National Assembly deputies or self-nominated (if any);

Step 4: The National Assembly discusses and votes on the list to elect the Chairperson of the National Assembly of Vietnam;

Step 5: The National Assembly of Vietnam establishes the Vote Counting Committee;

Step 6: The National Assembly of Vietnam elects the Chairperson of the National Assembly by secret ballot;

Step 7: The Vote Counting Committee reports the vote counting results and voting results;

Step 8: The Standing Committee of the National Assembly of the preceding term submits to the National Assembly a draft resolution to elect the Chairperson of the National Assembly;

Step 9: The National Assembly of Vietnam discusses;

Step 10: The Standing Committee of the National Assembly of the preceding term shall report to the National Assembly in advance on the explanation, reception of opinions of National Assembly deputies and correction of the draft resolution;

Step 11: The National Assembly of Vietnam votes to approve the draft resolution;

Step 12: The Chairperson of the National Assembly takes the oath.

Thư Viện Pháp Luật

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