What are the duties and powers of the new President of the Socialist Republic of Vietnam and Chairperson of the 15th National Assembly (2021-2026)?
- What are the duties and powers of the new President of the Socialist Republic of Vietnam for the 15th tenure (2021-2026)?
- What are the duties and powers of the Chairperson of the 15th National Assembly (2021-2026)?
- Which authority has the power to elect the President of the Socialist Republic of Vietnam and Chairperson of the 15th National Assembly (2021-2026)?
What are the duties and powers of the new President of the Socialist Republic of Vietnam for the 15th tenure (2021-2026)?
Under Article 88 of the 2013 Constitution, the duties and powers of the new President of the Socialist Republic of Vietnam for the 15th tenure (2021-2026) are specified 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 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.
What are the duties and powers of the Chairperson of the 15th National Assembly (2021-2026)?
Under Article 64 of the Law on Organization of the National Assembly 2014, the duties and powers of the Chairperson of the 15th National Assembly (2021-2026) are specified as follows:
- To preside over National Assembly sessions, to ensure the implementation of regulations on activities of National Assembly deputies and on National Assembly sessions; to sign for authentication the Constitution, laws and resolutions of the National Assembly.
- To lead the work of the Standing Committee of the National Assembly; to direct the preparation of tentative agendas of and convene and preside over meetings of the Standing Committee of the National Assembly; to sign ordinances and resolutions of the Standing Committee of the National Assembly.
- To preside over conferences of full-time National Assembly deputies and other conferences held by the Standing Committee of the National Assembly.
- To convene and preside over conferences of the Chairperson of the Ethnic Council and Chairpersons of Committees of the National Assembly to discuss programs of activities of the National Assembly, the Ethnic Council and Committees of the National Assembly; when necessary, to attend meetings of the Ethnic Council and Committees of the National Assembly.
- To maintain relations with National Assembly deputies.
- To direct the use of the operation funds of the National Assembly.
- To direct and organize the implementation of the National Assembly’s external relations work; to represent the National Assembly in its external relations; to lead activities of Vietnamese National Assembly delegations in international and regional inter-parliamentary organizations.
Which authority has the power to elect the President of the Socialist Republic of Vietnam and Chairperson of the 15th National Assembly (2021-2026)?
Under Article 8 of the Law on Organization of the National Assembly 2014 on the election of positions in the state apparatus:
Election of positions in the state apparatus
1. The National Assembly shall elect its Chairperson and Vice Chairpersons and members of its Standing Committee among National Assembly deputies according to the list of nominees for such positions presented by the Standing Committee of the National Assembly.
At its first session, the National Assembly shall elect its Chairperson and Vice Chairpersons and members of its Standing Committee at the proposal of the Standing Committee of the National Assembly of the preceding term.
2. The National Assembly shall elect the President from among its deputies at the proposal of the Standing Committee of the National Assembly. The National Assembly shall elect the Vice President from among its deputies at the proposal of the President.
...
Thus, the President of the Socialist Republic of Vietnam and Chairperson of the 15th National Assembly (2021-2026) are elected as follows:
- 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 National Assembly shall elect the President from among its deputies at the proposal of the Standing Committee of the National Assembly.
Thư Viện Pháp Luật
