Constitution 1992

CHAPTER SEVEN
THE COUNTRY’S PRESIDENT

Article 101

The country’s President is the Head of State and represents the Socialist Republic of Vietnam internally and externally.

Article 102

The country’s President shall be elected by the National Assembly from among its members.

He is responsible to the National Assembly for his work and reports to it.

His term of office follows that of the National Assembly. At the end of the latter’s tenure he shall continue in office until a new President of the country is elected by the new legislature.

Article 103

Following are the duties and powers of the country’s President

To promulgate the Constitution, laws and decree-laws;
To have overall command of the armed forces and hold the office of Chairman of the National Defence and Security Council;
To propose to the National Assembly to elect, release from duty, remove from office, the Vice-President of the country, the Prime Minister, the President of the Supreme People’s Court, the Head of the Supreme People’s Office of Supervision and Control;
On the basis of resolutions of the National Assembly or its Standing Committee to appoint, release from duty, or dismiss the Deputy Prime Ministers, Cabinet Ministers and other members of the Government;
On the basis of resolutions of the National Assembly or its Standing Committee to proclaim a state of war; to proclaim an amnesty;
On the basis of resolutions of the Standing Committee of the National Assembly, to order a general or partial mobilisation; to proclaim a state of emergency throughout the country or in a particular region;
To propose to the Standing Committee of the National Assembly to review its decree-laws and resolutions’ on matters stipulated in Points 8 and 9, Article 91, within the space of ten days following their adoption; if those decree-laws and resolutions are again passed by the Standing Committee of the National Assembly with the country’s President dissenting, the latter shall report the matter to the National Assembly for it to decide the issue at its nearest session;
To appoint, release from duty, dismiss the Vice-Presidents and judges of the Supreme People’s Court, the Deputy Head and members of the Supreme People’s Office of Supervision and Control;
To conifer titles and ranks on senior officers of the people’s armed forces; diplomatic titles and ranks, and other State titles and ranks; to confer medals, badges and State honours and distinctions;
To appoint and recall Vietnam’s ambassadors extraordinary and plenipotentiary, to receive foreign ambassadors extraordinary and plenipotentiary to negotiate and sign international agreements on behalf of the Socialist Republic of Vietnam with the Heads of other States; to approve or join international agreements, except in cases where a decision by the National Assembly is necessary;
To grant Vietnamese nationality, release from Vietnamese nationality, or deprive of Vietnamese nationality;
To grant pardons.

Article 104

The National Defence and Security Council shall comprise the President, the Vice-President and the members.

The country’s President shall propose a list of members of the National Defence and Security Council to the approval of the National Assembly. Members of the National Defence and Security Council shall not necessarily be members of the National Assembly.

The National Defence and Security Council shall mobilise all forces and potentialities of the country for national defence.

In case of war the National Assembly can entrust the National Defence and Security Council with special duties and powers.

The National Defence and Security Council shall operate as a collegium and take its decisions by a vote of the majority.

Article 105

The country’s President is entitled to attend sessions of the Standing Committee of the National Assembly.

Whenever he deems it necessary he can attend meetings of the Government.

Article 106

The country’s President shall issue orders and decisions for the accomplishment of his duties and the exercise of his powers.

Article 107

The country’s Vice-President shall be elected by the National Assembly from among its members.

He shall assist the President in the performance of his duties and may be delegated by him to perform certain tasks.

Article 108