PRESIDENTIAL SUCCESSION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80R01720R000700100027-1
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 2
• Document Creation Date: December 16, 2016
• Document Release Date: July 27, 2005
• Sequence Number: 27
• Publication Date: September 20, 1972
• Content Type: MEMO

VIETNAMESE AFFAI *STAFF
OFFICE OF THE DIRECTOR OF
'ALbWiRF CIA-RD
Approved For `se
DATE: 20 Sept 72
TO: Col. Richard T. Kennedy
NSC Staff
FROM: GACarver, Jr.
SUD JECT: Presidential Succession
Per our 15 September conversation, before
one attempts to speculate on the possibilities it
is useful to know the facts pertinent to the
matter at issue. Attached is a blind memorandum
outlining the current legal situation.
George A. Carver, Jr.
Special Assistant for Vietnamese Affairs
25X11 -
1 - GAC Chrono
1 - VAS Chrono
Approved For Release 2005/08/12 : CIA-RDP80R01720R000700100027-1
 Approved For Release 2005/08/12 : CIA-RDP80R017201 0700100027-1
20 September 1972
MEMORANDUM
SUBJECT: Presidential Succession
1. According to Article 56 of the South Vietnamese Constitution, if
the President dies or is otherwise removed from office, the Vice President
replaces him: for three months in order to organize fresh elections, if the
succession takes place within the first three years of the Presidential term;
for the remainder of the normal four-year term, if it takes place after three
years. If the Vice President is also dead or for some other reason unavailable,
the succession passes to the Chairman of the Senate "for a period not to exceed
three months in order to organize a new election . . . . " In the Senate
Chairman's case the three-month limitation, appears to be absolute, as no dis-
tinctior~ is made as to whether the succession takes place during the first three
years or the last year of the current presidential term.
2. The Constitution is silent as to the next in line after the Senate
Chairman. The current Chairman of the Senate is Nguyen Van Huyen. If for
any reason he was dead or unavailable if a succession issue arose, the Senate
would almost certainly elect another Chairman from its membership, who would
then become President for three months. Senator Huynh Van Cao would see
himself as designated by divine providence for this role, but a majority of his
colleagues would probably disagree and elect a more moderate senator from
Huyen's independent group.
3. In practice it seems likely that, in any crisis serious enough to
have eliminated the President, Vice President, and Senate Chairman, the Army
would take over real power. Probably the generals would, as in the past, set
up some sort of military committee of key generals, although quite possibly
they would adhere to constitutional forms to the extent of allowing the new Senate
Chairman to assume the office of the Presidency. Real power, however, would
be in Army hands. Even if only Thieu were eliminated, it seems likely that the
rather ineffective Houng, in his role as provisional President, would lean heavily
upon the Army for guidance and support.
Approved For Release 2005/08/12 : CIA-RDP80R01720R000700100027-1