 Under the <unk> Accords and the subsequent legislation that created the State of Vietnam in 1949 , Bảo Đại 's position as head of state was neither permanent nor indefinite . Sovereignty was presumed to rest solely upon the people , with Bảo Đại being a mere conduit . As a result , the referendum itself was within the law . Diệm had not been elected to his post , so he saw the referendum as an opportunity to rebuff opponents , who claimed that he was undemocratic and autocratic . The event also gave Diệm an opportunity to boost his prestige by defeating Bảo Đại in a head @-@ to @-@ head contest . It was previously agreed that a National Assembly would be elected first , but Diệm went ahead with the plebiscite , which meant that he would have total power if he deposed Bảo Đại before a legislature was formed . 
