What are cases of relief of duty for the President of the Socialist Republic of Vietnam? Who will succeed as acting the President of the Socialist Republic of Vietnam after the relief of duty for the President?
- Is the President of the Socialist Republic of Vietnam considered a cadre?
- What are cases of relief of duty for the President of the Socialist Republic of Vietnam?
- Who will succeed as acting the President of the Socialist Republic of Vietnam after the relief of duty for the President?
- What are the procedures for the relief of duty for the President of the Socialist Republic of Vietnam in the near future?
- What are the criteria for the President of the Socialist Republic of Vietnam?
Is the President of the Socialist Republic of Vietnam considered a cadre?
Pursuant to Clause 1, Article 4 of the Law on Cadres and Civil Servants 2008 as follows:
Cadres, civil servants
1. Cadres are Vietnamese citizens who are elected, approved and appointed to hold posts or titles for a given term of office in agencies of the Communist Party of Vietnam, the State, socio-political organizations at the central level, in provinces and centrally run cities (below collectively referred to as provincial level), in districts, towns and provincial cities (below collectively referred to as district level), included in the payrolls and salaried from the state budget.
Accordingly, the President of the Socialist Republic of Vietnam is the cadre appointed according to the term of office in the Party and State agencies.
What are cases of relief of duty for the President of the Socialist Republic of Vietnam?
Pursuant to Article 30 of the Law on Cadres and Civil Servants 2008 as follows:
Request for job discontinuation, resignation, relief of duty
1. A cadre may request permission to discontinue job or resign or relieve of duty in the following cases:
a/ Being physically unfit;
b/ Possessing insufficient capability and prestige;
c/ Due to task requirements;
d/ Other reasons.
2. The competence and order for permitting, and procedures for obtaining permission for. job discontinuation, resignation, and relief of duty comply with the laws and regulations of competent agencies.
Accordingly, the President of the Socialist Republic of Vietnam may request permission to relieve of duty in the following cases:
- Being physically unfit;
- Possessing insufficient capability and prestige;
- Due to task requirements;
- Other reasons.
Who will succeed as acting the President of the Socialist Republic of Vietnam after the relief of duty for the President?
Pursuant to Article 93 of the 2013 Constitution as follows:
Article 93.
When the President is incapacitated from work over a long period of time, the Vice President shall succeed as acting President.
In case of a vacancy in the Presidency, the Vice President shall serve as acting President until a new President is elected by the National Assembly of Vietnam.
Accordingly, the Vice President of the Socialist Republic of Vietnam shall succeed as acting President after the relief of duty for the President until the National Assembly of Vietnam elects a new President.
What are the procedures for the relief of duty for the President of the Socialist Republic of Vietnam in the near future?
Pursuant to Clause 1, Article 43 of the Rules promulgated together with Resolution 71/2022/QH15 as follows:
- Agencies and persons competent to recommend to the National Assembly of Vietnam for election to report to the National Assembly of Vietnam for relief of duty.
- Delegates of the National Assembly of Vietnam discuss at the National Assembly of Vietnam Delegation; The President of the National Assembly of Vietnam may meet with the Heads of the National Assembly of Vietnam Delegations to discuss relevant issues;
- Representatives of agencies or persons competent report to the National Assembly of Vietnam on the explanation and reception of opinions of delegates of the National Assembly of Vietnam;
- The National Assembly of Vietnam discusses. Before the National Assembly of Vietnam discusses, persons eligible for relief of duty and removal of duty have the right to give opinions;
- The National Assembly of Vietnam establishes a Vote Counting Board;
- The National Assembly of Vietnam relieves of duty, dismisses or approves proposals for relief of duty or dismissal by secret ballot;
- The vote counting board shall report on the results of vote counting and voting results;
- The Standing Committee of the National Assembly of Vietnam shall submit to the National Assembly of Vietnam a draft resolution on the relief of duty or dismissal or approval of the proposals for the relief of duty or dismissal;
- The National Assembly of Vietnam discusses;
- The Standing Committee of the National Assembly of Vietnam shall report to the National Assembly of Vietnam on the explanation and reception of the opinions of delegates of the National Assembly of Vietnam and revise the draft resolution;
- The National Assembly of Vietnam votes to approve the draft resolution.
Resolution 71/2022/QH15 will take effect from March 15, 2023.
What are the criteria for the President of the Socialist Republic of Vietnam?
Pursuant to Section 2.4, Section 2, Part I of Regulation 214-QD/TW in 2020 as follows:
President of the Socialist Republic of Vietnam
The President of the Socialist Republic of Vietnam must fully ensure the general criteria of members of the Politburo and the Secretariat, at the same time, have the following qualities and capabilities: Have a high reputation; be the center of unity in the Central Committee, the Politburo, throughout the Party 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 drastic in leadership and administration according to assigned functions, tasks, and powers; have experienced and successfully completed their duties as secretaries of provincial committees, city committees or heads of central departments, ministries and branches; join the Politburo for a full term or more; special cases shall be decided by the Central Committee.
Accordingly, the criteria for the President the Socialist Republic of Vietnam are:
- Fully ensure the general criteria of members of the Politburo and the Secretariat
- Have a high reputation; be the center of unity in the Central Committee, the Politburo, throughout the Party 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 drastic in leadership and administration according to assigned functions, tasks, and powers.
- Have experienced and successfully completed their duties as secretaries of provincial committees, city committees, or heads of central departments, ministries and branches; join the Politburo for a full term or more; special cases shall be decided by the Central Committee.
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