National Executive Power

Section 1. President

Article 225

Executive Power is exercised by:

• the President
• the Executive Vice-President
• the Cabinet Ministers
• other officials as determined by this Constitution and by law.

Article 227

A President should be:

• Venezuelan by birth, with no other nationality
• over 30 years old
• not a member of the clergy
• not subject to any conviction by final judgment
• fulfill other requirements prescribed in this Constitution.

Article 228

The election of the President shall be by universal suffrage by direct and secret ballot, in accordance with law.

The candidate who has received a majority of the valid votes cast shall be proclaimed elected.

Article 229

A person holding the office of Executive Vice-President, Minister or Governor, or Mayor as of the date he announces his candidacy or at any time between such date and that of the Presidential election shall not be eligible for election to the office of President of the Republic.

Article 230

The presidential term is 6 years. The President may be re-elected.

Article 231

The President shall take office on January 10 of the first year of his constitutional term, by taking an oath before the National Assembly.

If for any supervening reason, the person elected President of the Republic cannot be sworn in before the National Assembly, he shall take the oath of office before the Supreme Tribunal of Justice.

Article 232

The President is responsible for his acts and for fulfilling the duties and obligations inherent to such position. Is obligated to endeavor the guarantee of the rights and liberties of Venezuelans, as well as the independence, integrity, sovereignty and defense of the Republic. The declaration of states of exception does not modify the principle of the President of the Republic’s responsibility nor that of the Executive Vice President or the Cabinet Ministers, in accordance with this Constitution and law.

Article 233

The President of the Republic shall become permanently unavailable to serve by reason of any of the following events: death; resignation; removal from office by decision of the Supreme Tribunal of Justice; permanent physical or mental disability certified by a medical board designated by the Supreme Tribunal of Justice with the approval of the National Assembly; abandonment of his position, duly declared by the National Assembly; and recall by popular vote.

When an elected President becomes permanently unavailable to serve prior to his inauguration, a new election by universal suffrage and direct ballot shall be held within 30 consecutive days. Pending election and inauguration of the new President, the President of the National Assembly shall take charge of the Presidency of the Republic. When the President of the Republic becomes permanently unavailable to serve during the first four years of this constitutional term of office, a new election by universal suffrage and direct ballot shall be held within 30 consecutive days. Pending election and inauguration of the new President, the Executive Vice-President shall take charge of the Presidency of the Republic.

In the cases describes above, the new President shall complete the current constitutional term of office.

If the President becomes permanently unavailable to serve during the last two years of his constitutional term of office, the Executive Vice-President shall take over the Presidency of the Republic until such term is completed.

Article 234

A President of the Republic who becomes temporarily unavailable to serve shall be replaced by the Executive Vice-President for a period of up to 90 days, which may be extended by resolution of the National Assembly for an additional 90 days. If the temporarily unavailability continues for more than 90 consecutive days, the National Assembly shall have the power to decide by a majority vote of its members whether the unavailability to serve should be considered permanent.

Article 235

The absence of the President of the Republic from the territory of Venezuela requires authorization from the National Assembly or the Delegated Committee, when such absence continues for a period exceeding five consecutive days. Section Two. The President of the Republic

Article 236

The following are the duties of the President:

1. To comply with and enforce this Constitution and the law.
2. To direct the activity of the Government.
3. To appoint and remove the Executive Vice-President and the Cabinet Ministers.
4. To direct the international relations of the Republic and sign and ratify international treaties, agreements or conventions.
5. To direct the National Armed Forces in his capacity as Commander in Chief, exercise supreme hierarchical Authority over the same and establish their contingent.
6. To exercise supreme command over the National Armed Forces, promote their officers at the rank of colonel or naval captain and above, and appoint them to the positions exclusively reserved to them.
7. To declare states of exception and order the restriction of guarantees in the cases provided for under this Constitution.
8. To issue executive orders having the force of law, subject to authorization in advance by an enabling act.
9. To call special sessions of the National Assembly.
10. To issue regulations for the application of laws, in whole or in part, without altering the spirit, purpose and reason for being of the laws.
11. To administer the National Public Treasury.
12. To negotiate national loans.
13. To order extraordinary budget item in addition to the budget, subject to authorization in advance from the National Assembly or the Delegated Committee.
14. To enter into contracts in the national interest, subject to this Constitution and applicable laws.
15. To designate, subject to prior authorization from the National Assembly or the Delegated Committee, the Attorney-General of the Republic and the heads of the permanent diplomatic missions.
16. To designate and remove those officials whose appointment is made subject to his discretion by this Constitution or the applicable law.
17. To address reports or special messages to the National Assembly, either in person or through the Executive Vice-President.
18. To formulate the National Development Plan and, subject to approval in advance from the National Assembly, direct the implementation of the same.
19. To grant pardons.
20. To determine the number, organization and competence of the Ministries and other organs comprising the National Public Administrative Branch, as well as the organization and functions of the Cabinet Ministers, within the principles and guidelines set forth in the pertinent organic law.
21. To dissolve the National Assembly in the case contemplated by this Constitution.
22. To call reference in the cases provided for under the present Constitution.
23. To call and preside over meetings of the National Defense Council
24. Any others vested in the President under this Constitution and law.

The President of the Republic shall exercise during a meeting of the Cabinet Ministers the attributions indicated under items (7), (8), (9), (10), (12), (13), (14), (18), (20), (21) and (22) above, and any others which may be conferred upon him by law for exercise in the same manner.

In order to be valid, the acts of the President of the Republic, with the exception of those indicated under items (3) and (5), must be countersigned by the Executive vice-president and the Minister or Ministers concerned. Legislative oversight of the executive

Article 237

Annually, within the first ten days following to installation of the National Assembly, in ordinary session, the President of the Republic, shall present personally to the Assembly a message by which will render account of the political, economic, social and administrative aspects of its administration during the past year.