The State President

Article 86

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

Article 87

The State 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 State is elected by the new legislature.

Article 88

The State President has the following duties and powers:

1. To promulgate the Constitution, laws and ordinances; to propose to the National Assembly Standing Committee to revise its ordinances within ten days from the date these ordinances were passed; if such ordinances are still voted for by the National Assembly Standing Committee against the State President’s disapproval, the State President shall report it to the National Assembly for decision at its nearest session;

2. To propose to the National Assembly to elect, release from duty, remove from office the Vice-President of the State and the Prime Minister; on the basis of resolutions of the National Assembly, to appoint, release from duty or dismiss Deputy Prime Ministers, Ministers and other members of the Government;
3. To propose to the National Assembly to elect, release from duty, remove from office, the President of the Supreme People’s Court and the Head of the Supreme People’s Procuracy; on the basis of resolutions of the National Assembly, to appoint, to release from duty, and to remove from office, judges of the Supreme People’s Court; to appoint, to release from duty, and to remove from office, judges of other courts and Vice-Head of the Supreme People’s Procuracy, and procurators of the Supreme People’s Procuracy; to grant pardons; on the basis of resolutions of the National Assembly, to proclaim an amnesty;
4. To decide on the award of medals, badges, State prizes and State honors and distinctions; to grant Vietnamese nationality, release from Vietnamese nationality, restore Vietnamese nationality, or deprive of Vietnamese nationality.
5. To have overall command of the armed forces and hold the office of Chairman of the National Defence and Security Council; to decide on conferment, promotion, demotion, and deprivation of army rank of general, commander-in-chief, vice- commander-in-chief, and naval commander-in-chief; to appoint, to release from duty, and to remove from office, chief of the general staff, and Chairman of Political Head Office of Vietnamese People’s Army; on the basis of resolutions of the National Assembly or of the National Assembly’s Standing Committee, to proclaim or remove the decision on the state of war; on the basis of resolutions of the National Assembly’s Standing Committee, to issue order on general mobilization or limited mobilization, to declare or remove the state of emergency; in cases where the National Assembly Standing Committee cannot meet, to declare the state of emergency nationwide or in a locality;
6. To accept foreign ambassadors extraordinary and plenipotentiary; on the basis of resolutions of the National Assembly’s Standing Committee, to appoint and recall ambassadors extraordinary and plenipotentiary of Socialist Republic of Vietnam; to decide on the conferment of titles and ranks on the ambassadorial title; to decide on negotiation and conclusion of international treaties in the name of the State; to submit to the National Assembly for ratification and termination of international treaties as provided by clause 14 of Article 70; to decide on ratification, joining, or termination of other international treaties in the name of the State.

Article 89

1. The National Defence and Security Council consists of a Chairman, Vice Chairmen and other members who are approved by the National Assembly under the nomination of the State President.
2. The National Defence and Security Council shall operate as a collegium and take its decisions by a vote of the majority.
3. The National Defence and Security Council proposes to the National Assembly to decide on the state of war, and in case the National Assembly cannot meet, proposes to the National Assembly’s Standing to decide on that; mobilizes all forces and potentialities of the country for national defence; exercises special duties and powers entrusted by the National Assembly in case of war; decides on the participation of the armed forces in activities contributing to the protections of peace in the region and in the world.

Article 90

The State President is entitled to attend sessions of the Standing Committee of the National Assembly and sessions of the Government. The State President has the right to request the Government to hold meeting to discuss on issues which in the consideration of the State President is necessary to exercise his duties and authorities.

Article 91

The State President shall issue orders and decisions for the accomplishment of his duties and the exercise of his powers. Deputy executive

Article 92

The Vice-President of the State shall be elected by the National Assembly from among its members. He shall assist the State President in the performance of his duties and may be delegated by him to perform certain tasks.

Head of state replacement

Article 93

When the State President is incapacitated for work over a long period of time, the Vice- President shall act as President. In case of vacancy of the State Presidency, the Vice-President shall be acting President until the election of a new President by the National Assembly. Establishment of cabinet/ministers