What is the term of office of the President of the Socialist Republic of Vietnam? What are the 6 duties and powers of the State President?
- What does the State president mean? What is the term of office of the President of the Socialist Republic of Vietnam?
- What are the contents of the oath taken by the President of the Socialist Republic of Vietnam after being elected?
- What are the duties and powers of the President of the Socialist Republic of Vietnam?
What does the State president mean? What is the term of office of the President of the Socialist Republic of Vietnam?
Article 86 of the 2013 Constitution, the State President is defined as follows:
Article 86.
The State President is the Head of State and shall represent the Socialist Republic of Vietnam internally and externally.
Accordingly, pursuant to Article 87 of the 2013 Constitution, the State President shall be elected by the National Assembly from among its deputies. The State President is responsible and shall report on his or her work, to the National Assembly.
His or her term of office follows the term of the National Assembly. At the expiration of the term of the National Assembly, the State President shall remain in office until a new President is elected by the succeeding National Assembly.
Referring to Article 2 of the Law on Organization of the National Assembly 2014, there are provisions on the term of the National Assembly of Vietnam as follows:
Term of the National Assembly
1. The term of the National Assembly is five years, counting from the opening date of the first session of the National Assembly of a term to the opening date of the first session of the National Assembly of the succeeding term.
2. Sixty days before the expiration of the term of the National Assembly, a new National Assembly shall be elected.
3. In special cases, the National Assembly shall decide to shorten or extend its term at the proposal of the Standing Committee of the National Assembly, if at least two-thirds of the total number of National Assembly deputies vote for it. The extension of a term of the National Assembly must not exceed twelve months, except in wartime.
Thus, the term of office of the State President is 05 years according to the term of the National Assembly. In exceptional cases, this term may be shortened or extended. At the expiration of the old term, the National Assembly of Vietnam will proceed to elect a new State President.
What are the contents of the oath taken by the President of the Socialist Republic of Vietnam after being elected?
Pursuant to the contents of Article 29 of the Rules of the National Assembly session promulgated together with Resolution 102/2015/QH13 as follows:
Oath
1. The President of the National Assembly, the State President, the Prime Minister, and the Chief Justice of the Supreme People's Court shall take an oath of allegiance to the Fatherland, the People, and the Constitution.
2. In addition to the contents specified in Clause 1 of this Article, the person taking the oath shall decide on the contents of the oath in accordance with assigned responsibilities. The person taking the oath must stand in front of the National Flag taking the oath. The time to take the oath must not exceed 03 minutes.
Thus, according to the above regulations, after being elected, the State President will take an oath of allegiance to the Fatherland, the People and the Constitution and the contents of the oath in accordance with assigned responsibilities.
The State President will stand before the National Flag under oath. The time to take the oath must not exceed 03 minutes.
What are the duties and powers of the President of the Socialist Republic of Vietnam?
The duties and powers of the President of the Socialist Republic of Vietnam are determined according to the contents of Article 88 of the 2013 Constitution as follows:
- 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;
- 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;
- 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;
- 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;
- 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;
- 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; to decide on the ratification of, accession to, or withdrawal from, other treaties in the name of the State.
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