Who is the current acting President? Powers of the President in Vietnam

Regarding this matter, LawNet would like to answer as follows:

1. Who is the current acting President?

On March 21, at the 6th extraordinary session of the 15th National Assembly, the National Assembly Standing Committee announced the exercise of the President's rights.

The vice President Vo Thi Anh Xuan will hold the acting position of President until the National Assembly elects a new President, according to the announcement of the National Assembly Standing Committee.

Pursuant to the Constitution 2013, the Law on Organization of the National Assembly and the conclusion of the Politburo on assigning members of the Party Central Committee to act as President.

In Article 93 of the Constitution 2013, there are two cases where a person shall succeed as acting President as follows:

- When the President is incapacitated from work over a long period of time

- In case of vacancy of the Presidency,

When the President resigns, the President will be vacant, then the Vice President shall serve as acting President until a new President is elected by the National Assembly.

Up to this point, there is only one Vice President, Ms. Vo Thi Anh Xuan, so she will hold the power of President.

According to Article 87 of the Constitution 2013, the President shall be elected by the National Assembly from among its deputies. The President is responsible, and shall report on his or her work, to the National Assembly.

Thus, Ms. Nguyen Thi Anh Xuan will hold the acting President for the 2021 - 2026 term.

2. Current regulations on powers of the President in Vietnam

According to the provisions of Article 88 of the Constitution 2013, the President has the following tasks and powers:

First, 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;

Second, 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;

Third, 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;

Forth, 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;

Fifth, 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;

Sixth, 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.

Best regards!

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