CHAPTER I. Composition and Attributes of the Executive Organ
Section I. General Matters
Article 165
The Executive Organ consists of the President of the State, the Vice President of the State, and the Ministers of State.
The Council of Ministers is collectively responsible for the decisions they adopt.
Section II. Presidency and Vice Presidency of the State
Article 166
The President and Vice President of the State shall be elected by universal, obligatory, direct, free and secret vote. The candidates who receive fifty percent plus one of the valid votes cast, or the candidate who has received a minimum of forty percent of the valid votes cast, with a difference of at least ten percent in relation to the candidate in second place, shall be proclaimed President or Vice President.
In the event that none of the candidates meet these conditions, a second electoral round shall be carried out between the two candidates who received the most votes, within the term of sixty days counted from the prior voting. The candidate who receives the majority of votes shall be declared President or Vice President of the State.
Article 167
To be a candidate for President or Vice President of the State, one must satisfy the general conditions to be a public servant, be thirty years of age on the day of the election, and have resided permanently in the country for at least five years immediately prior to the election.
Article 168
The period of the mandate of the President or Vice President is five years, and they may be reelected once for a continuous term.
Article 169
In the event of an impediment or definitive absence of the President, he or she shall be replaced by the Vice President and, in the absence of the latter, by the President of the Senate, and in his or her absence by the President of the Chamber of Deputies. In this last case, new elections shall be called within a maximum period of ninety days.
In case of temporary absence, the Vice President shall assume the Presidency for a term not to exceed ninety days.
Article 170
The mandate of the President of the State shall end in the following circumstances: upon his or her death; by the presentation of his or her resignation to the Pluri-National Legislative Assembly; by definitive absence or impediment; by the imposition of a final condemnatory sentence in a criminal matter; or by the revocation of his or her mandate.
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In the event the mandate is revoked, the President of State shall immediately cease in his or her functions; the Vice President must assume the Presidency and immediately call elections for the Presidency of the State to take place within a maximum period of ninety days.
Article 172
The attributes of the President of the State, in addition to those established by this Constitution and the law, are the following:
To comply with and enforce the Constitution and the laws.
To maintain and preserve the unity of the Bolivian State.
To propose and direct the policies of the government of the State.
To direct the public administration and coordinate the actions of the Ministers of State.
To direct foreign policy; sign international treaties; name public diplomats and consuls pursuant to the law; and to admit foreign officials in general.
To request the calling of an extraordinary session of the Pluri-National Legislative Assembly.
To promulgate the laws approved by the Pluri-National Legislative Assembly.
To issue supreme decrees and resolutions.
To administer the state revenues and to decree their investment by the Ministry of the appropriate branch in accordance with the laws and strictly subject to the General Budget of the State.
To present the economic and social development plan to the Pluri-National Legislative Assembly.
To present to the Pluri-National Legislative Assembly, during the first thirty sessions, the proposed law of the General Budget of the State for the following fiscal year, and to propose, during its term, the modifications he or she considers necessary. The report on public expenses pursuant to the budget shall be presented annually.
To present annually to the Pluri-National Legislative Assembly, in its first session, the written report on the course and state of Public Administration during the yearly management, accompanied by the ministerial reports.
To enforce the decisions of the courts.
To decree amnesty or pardon, with the approval of the Pluri-National Legislative Assembly.
To name the following, from among the candidates proposed by the Pluri-National Legislative Assembly: the Controller General of the State, the President of the Bank of Bolivia, the maximum authority of the Regulatory Organ of the Banks and Financial Entities, and the Presidents of the entities, in which the State participates, that have a social and economic function.
To preserve the security and defense of the State.
To designate and substitute the Commander in Chief of the Armed Forces and the Commanders of the Army, the Air Force and the Navy.
To designate and substitute the General Commander of the Bolivian Police.
To propose to the Pluri-National Legislative Assembly the promotions to General of the Army, of the Air Force, of the Division and of the Brigade, to Admiral, Vice Admiral, and Rear Admiral, and to General of the Police, in accordance with the report on their service and promotions.
To create and construct ports.
To designate its representatives to the Electoral Organ.
To designate the Ministers of State, respecting the Pluri-National character of the country and gender equity in the composition of the ministerial cabinet.
To designate the Attorney General of the State.
To present proposed laws of economic urgency for consideration by the Pluri-National Legislative Assembly, which must give them priority attention.
To hold the position of Commander in Chief of the Armed Forces, and to deploy them for the defense, independence and territorial integrity of the State.
To declare a state of emergency.
To exercise maximum authority over the Bolivian Agrarian Reform Service and to grant executable titles in the distribution and redistribution of land.
Article 173
The President of the State may absent him or herself from Bolivian territory for official missions for a maximum period of up to ten days without authorization of the Pluri-National Legislative Assembly.
Article 174
The attributes of the Vice President of the State, in addition to those established in this Constitution and the laws, are as follows:
To assume the Presidency of the State in the cases established in this Constitution.
To coordinate the relations between the Executive Organ, the Pluri-National Legislative Assembly, and the autonomous governments.
To participate in the sessions of the Council of Ministers.
To contribute, with the President of the State, to the guidance of the general policy of the Government.
To participate jointly with the President of the State in the formulation of foreign policy, as well as to carry out diplomatic missions.
Section III. Ministers of State
Article 175
The Ministers of State are public servants and have the following authority, in addition to those established in this Constitution and the laws:
To Propose and contribute to the formulation of the general policies of the Government.
To propose and direct the governmental policies in their sector.
To manage Public Administration in their corresponding branch.
To issue administrative norms in the area of their competence.
To propose drafts of supreme decrees and to sign them with the President of the State.
To resolve, as last recourse, any administrative matter that corresponds to his or her Ministry.
To present to the Pluri-National Legislative Assembly the reports that it requests.
To coordinate, together with other Ministries, the planning and execution of the policies of the government.
The Ministers of State are responsible for the administrative acts adopted in the areas of their respective portfolios.
Article 176
To be designated a Minister, a person must meet the following requisites: satisfy the general requirements for entering public service, be twenty five years of age on the day of his or her nomination, not be a member of the Pluri-National Legislative Assembly, nor a director, shareholder or owner of financial entities or enterprises that have a contractual relationship or conflicts of interest with the State; not be the spouse or natural parent or related in the second degree to the acting President or Vice President of the State.
Article 177
Anyone who, whether directly or as the legal representative of a legal person, has a contract pending fulfillment or is indebted to the State may not be designated as a Minister.
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