Chapter VII
THE COUNTRY'S PRESIDENT
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- ARTICLE 101:
The country's President is the Head of State and represents the
Socialist Republic of Vietnam internally and externally.
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- 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.
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- 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 Vice - Premiers,
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 mobilization ; 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 confer 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, excepts 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
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- 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 mobilize 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.
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- 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.
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- ARTICLE 106:
The country's President shall issue orders and decisions for the
accomplishment of his duties and the exercise of his powers.
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- 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.
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- ARTICLE 108:
When the country's President is incapacitated for work over a long
period of time, the Vice - President shall act as President.
In case of vacancy of the Presidency, the Vice - President shall be
acting President until the election of a new President by the National
Assembly.
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