 Under the Elysee 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.
