CONSITUTION OF THE LAO PEOPLE'S DEMOCRATIC REPUBLIC

PREAMBLE

CHAPTER I THE POLITICAL REGIME
CHAPTER II THE SOCIO-ECONOMIC SYSTEM
CHAPTER III FUNDAMENTAL RIGHTS AND DUTIES OF THE CITIZENS
CHAPTER IV THE NATIONAL ASSEMBLY
CHAPTER V THE PRESIDENT OF THE REPUBLIC
CHAPTER VI THE GOVERNMENT
CHAPTER VII THE LOCAL ADMINISTRATIONS
CHAPTER VIII THE JUDICIAL ORGANS
A The People’s Court
B The Offices of Public Prosecution
CHAPTER IX LANGUAGE, SCRIPT, NATIONAL EMBLEM, NATIONAL FLAG, NATIONAL ANTHEM AND CAPITAL CITY
CHAPTER X FINAL PROVISIONS

For thousands of years, the multi-ethnic Lao people lived and grew on this beloved land. More than six centuries ago, during the time of Chao Fa Ngum, our ancestors founded the unified Lane Xang country and built it into a prosperous and glorious land.
From the 18th century A.D. onwards, the Lao land had been repeatedly threatened and invaded by outside powers. Our people had united to develop the heroic and unyielding traditions of their ancestors and continually and persistently fought to regain independence and freedom.
Over the past 60 years, under the correct leadership of the former Indochinese Communist Party and the present Lao People’s Revolutionary Party, the multi-ethnic Lao people had carried out a difficult and arduous struggle, filled with great sacrifices, until they managed to crush the yoke of domination and oppression of the colonialist and feudalist regimes, completely liberated the country, and established the Lao People’s Democratic Republic on 2 December 1975; thus opening a new era, an era of genuine independence for the country and true freedom for the people.
In the recent years, our people have together implemented the two strategic tasks of safeguarding and building the country, and have initially achieved satisfactory results.
And now in this new period, the society requires that the State must have a Constitution. This Constitution is the Constitution of the People’s Democratic Regime in our country. It recognizes the great achievements gained by our people in the struggle for national liberation and development; it defines the political regime, the socio-economic system, the fundamental rights and duties of citizens and the system of organization of the state apparatus in this new period. This is the first time in the history of our nation that the people’s right to mastery is defined in the fundamental law of the nation.
This Constitution is the product of the process of discussion by the people throughout the country. It reflects the long-term aspirations and strong determination of the national community to strive together to fulfill the objective of building the Lao nation into a country of peace, independence, democracy, unity and prosperity.

CHAPTER I
THE POLITICAL REGIME

Article 1
The Lao People’s Democratic Republic is an independent and sovereign country with territorial integrity covering both territorial waters and airspace. It is a unified and indivisible country belonging to all ethnic groups.
Article 2

The Lao People's Democratic Republic is a People's Democratic State. All power is of the people, by the people and for the interests of the multi-ethnic people of all strata in society with workers, farmers and intellectuals as the core.

Article 3
The right of the multi-ethnic people to be the masters of the country is exercised and ensured through the functioning of the political system, with the Lao People’s Revolutionary Party as its leading nucleus.

Article 4
The National Assembly is the representative organ of the people. The election of members of the National Assembly shall be carried out through the principles of universal, equal and direct suffrage, and secret ballot. Voters have the right to propose the dismissal of their own representatives if they are found to be unworthy and lose the people’s confidence.

Article 5
The National Assembly and all other state organizations are established and function in accordance with the principle of democratic centralism.

Article 6
The State protects the inviolable rights and democratic freedoms of the people. All state organizations and functionaries must inform the people of and educate them in the policies, regulations and laws, and together with the people, to implement them in order to guarantee the legitimate rights and interests of the people. All acts of bureaucratism and harassment that can be detrimental to the honor, body, lives, conscience and property of the people are prohibited.

Article 7
The Lao Front for National Construction, the Lao Federation of Trade Unions, the Lao People’s Revolutionary Youth Union, the Lao Women’s Union and other social organizations are the organs that unite and mobilize all strata of all ethnic groups in order to take part in the tasks of national defense and development; to develop the right to mastery of the people and to protect the legitimate rights and interests of their members.

Article 8
The State pursues the policy of unity and equality among all ethnic groups. All ethnic groups have the right to protect, preserve and promote their fine customs and culture as well as those of the nation. All acts of division and discrimination among ethnic groups are prohibited.
The State takes every measure to upgrade the socio-economic development of all ethnic groups.

Article 9
The State respects and protects all lawful activities of Buddhists and of followers of other religions, mobilizes and encourages the Buddhist monks, novices and priests of other faiths to participate in those activities which are beneficial to the country and its people. All acts of fomenting division among religions and among the people are prohibited.

Article 10
The State manages the society by the provisions of the Constitution and the law. All party and state organizations, mass organizations, social organizations and all citizens must comply with the Constitution and the law.

Article 11
The State implements a policy of national defense and security with the participation of the entire people and in all aspects. The national defense and security forces must enhance their loyalty to the country and the people; carry out their duties to safeguard the gains of the revolution, the lives, property and labor of the people; and must contribute to the tasks of national development.

Article 12
The Lao People’s Democratic Republic pursues a foreign policy of peace, independence, friendship and cooperation; and promotes relations and cooperation with all countries based on the principles of peaceful coexistence; respect for each other’s independence, sovereignty and territorial integrity; non-interference in each other’s internal affairs; equality and mutual benefit.
The Lao People’s Democratic Republic supports the struggle of the world people for peace, national independence, democracy, and social progress.

CHAPTER II
THE SOCIO-ECONOMIC SYSTEM

Article 13
The economic system of the Lao People’s Democratic Republic is a multi-sectoral economy having as objectives the expansion of production and increase of goods circulation, and the transform glean of the subsistence economy into a commodities economy in order to develop the national economic base and improve the material and spiritual living conditions of the multi-ethnic people.

Article 14
The state protects and promotes all forms of state, collective and individual ownerships, as well as the private ownerships of both domestic investors and foreigners who invest in the Lao People’s Democratic Republic.
The State encourages all economic sectors to compete and cooperate with one another in expanding their production and business activities. All economic sectors are equal before the law.

Article 15
The State protects the rights of ownership (right to possess, right to use, right to transfer) and organizations’ and individuals’ right to inherit property. As for the land which is owned by the national community, the State ensures the right to use, transfer, and inherit it in accordance with the law.

Article 16
Economic management is carried out according to the mechanism of the market with the adjustment by the State, and is implemented by the principle of the centralized, unified management of branches at central level in combination with a reasonable delegation of the responsibility to local authorities.

Article 17
All organizations and citizens must protect the environment and natural resources: land, underground, forests, fauna, water sources and atmosphere.

Article 18
The State promotes and advises on the development of economic relations with foreign countries in many forms, on the basis of the principle of respect for each other’s independence, sovereignty, equality, and mutual benefit.

Article 19
The State strives to develop education in combination with raising the new generation to be good citizens. The objectives of the educational, cultural and scientific activities are to augment levels of knowledge, the spirit of patriotism, the spirit of cherishing the People’s Democratic Regime, the spirit of maintaining unity and harmony among the people of various ethnic groups; and to enhance the peoples' sense of being masters of the country. The State implements a compulsory education system at primary levels. The State authorizes the operation of private schools which utilize the curricula of the State. The State, together with the people, builds schools at all levels in order to assure a comprehensive system of education, and to pay attention to develop education in the areas where the ethnic minority people reside.
The State develops the fine, traditional culture of the nation in combination with promoting the progressive culture of the world and eliminating any regressive phenomena in the ideological and cultural spheres. The State promotes culture, art, literature and information activities, including in mountainous areas. The State protects the nation’s antiquities and shrines.

Article 20
The State strives to expand public health services and authorizes the private sectors to provide medical services in accordance with state regulations. The State promotes the expansion of sports, physical education and tourism and provides care for disabled veterans, families of those who have sacrificed their lives and who have performed good deeds for the nation, as well as for pensioners.
The State pursues a policy which favors mothers and children.

CHAPTER III
FUNDAMENTAL RIGHTS AND DUTIES OF THE CITIZENS

Article 99
The Council of Ministers is the Royal Government of Cambodia.
The Council of Ministers shall be led by one Prime Minister assisted by Deputy Prime Ministers, and by State Ministers, Ministers, and State Secretaries as members.

Article 100
At the recommendation of the President and with the agreement of both Vice-Presidents of the Assembly, the King shall designate a dignitary from among the representatives of the winning party to form the Royal Government. This designated Assembly or members of the political parties represented in the from the Assembly.
After the Assembly has given its vote of confidence, the King shall issue a Royal decree (Kret) appointing the entire Council of Ministers.
Before taking of office, the Council of Ministers shall take an oath as stipulated an Annex 6.

Article 101
The functions of members of the Royal Government shall be incompatible with professional activities in trade or industry and with the holding of any position in the public service.

Article 102
Members of the Royal Government shall be collectively responsible to the Assembly for the overall policy of the Royal Government.
Each member of the Royal Government shall be individually responsible to the Prime Minster and the Assembly for his/her own conduct.

Article 103
Members of the Royal Government shall not use the orders, written or verbal, of anyone as grounds to exonerate themselves form their responsibility.

Article 104
The Council of Minister shall meet every week inn plenary session or in a working session.
The Prime Minister shall chair the plenary sessions.
The Prime Minister may assign a Deputy Prime Minister to preside over the working sessions.
Minutes of the Council of Ministers' meeting shall be forwarded to the King for His information.

Article 105
The Prime Minister shall have the right to delegate his power to a Deputy Prime Minister or to any member of the Royal Government.

Article 106
If the post of Prime Minister is permanently vacant, a new Council of Ministers shall be appointed under the procedure stipulated in this Constitution. If the vacancy is temporary, an acting Prime Minister shall be provisionally appointed.

Article 107
Each member of the Royal Government shall be punished for any crimes or misdemeanors that he/she has committed in the course of his/her duty.
In such cases and when his/her duty, the Assembly shall decide to file charges against him/her with competent.
The Assembly shall decide on such matters though a secret vote by a simple majority thereof.

Article 108
The organization and functioning of the Council of Ministers shall be determined by law.

CHAPTER IX
THE JUDICIARY

Article 109
The Judicial power shall be an independent power.
The Judiciary shall guarantee and uphold impartiality and protect the rights and freedoms of the citizens.
The Judiciary shall cover all lawsuits including administrative ones.
The authority of the Judiciary shall be granted to the Supreme Court and to lower courts of all sectors and levels.

Article 110
Trials shall be conducted in the name of the Khmer citizens in accordance with the legal procedures and laws in force.
Only judges shall have the right to adjudicate. A judge shall fulfill this duty with strict respect for the laws. wholeheartedly, and conscientiously.

Article 111
Judicial power shall not be granted to the legislative or executive branches.

Article 112
Only the Department of Public Prosecution shall have the right to file criminal suits.

Article 113
The King shall be the guarantor of the independence of the Judiciary. The Supreme Council of the Magistracy shall assist the King in this matter.

Article 114
Judges shall not be dismissed. The supreme Council of the Magistracy shall take disciplinary actions against any delinquent judges.

Article 115
The Supreme Council of the Magistracy shall be established by an organic law which shall determine its composition and functions. The Supreme Council of the Magistracy shall be chaired by the King. The King may appoint a representative to chair the Supreme Council of the Magistracy. The Supreme Council of the Magistracy shall make proposals to the King on the appointment of judges and prosecutors to all courts.
The Supreme Council of the Magistracy shall meet under the chairmanship of the President of the Supreme Court or the General Prosecutor of the Supreme Court to decide on disciplinary actions against the judges or prosecutors.

Article 116
The statuses of judges, and prosecutors and the functioning of the judiciary shall be defined in separate laws.

CHAPTER X
THE CONSTITUTIONAL COUNCIL

Article 117
The Constitutional council shall have the duty to safeguard respect for the Constitution, to interpret the Constitution, and the laws passed by the Assembly.
The Constitutional Council shall have the right to examine and decide on contested cases involving the election of assembly members.

Article 118
The Constitutional Council shall consist of nine members with a nine-year mandate.
One third of the members of the Council shall be replaced every three years. Three members shall be appointed by the King, three members by the Assembly and three others by the Supreme Council of the Magistracy.
The Chairman shall be elected by the members of the Constitutional Council. He/she shall have a deciding vote in cases of equal vote.

Article 119
Members of the Constitutional Council shall be selected among the dignitaries with a higher-education degree in law, administration, diplomacy or economics and who have considerable work experience.

Article 120
The function of a Constitutional Council member shall be incompatible with that of a member of the Royal Government, member of the assembly, President or Vice-President of a political party, President or Vice-President of trade-union or in-post judges.

Article 121
The King, the Prime Minister, the President of the Assembly, or 1/10 of the assembly members shall forward draft bills to the Constitutional Council for examination before their promulgation.
The Constitutional Council shall decide within no more than thirty days whether the laws and the Internal Rules of Procedure are constitutional.

Article 122
After the law is promulgated, the King, the prime Minister, the President of the Assembly, 1/10 of the assembly members or the courts, may ask the Constitutional Council to examine the Constitutionality of that law.
Citizens shall have the right to appeal against the Constitutionality of the laws as through their representatives or the President of the Assembly as stipulated in the above paragraph.

Article 123
Provisions in any article ruled by the Council as unconstitutional shall not be promulgated or implemented.
The decision of the Council is final.

Article 124
The King shall consult with the Constitutional Council on all proposals to amend the Constitution.

Article 125
An organic law shall specify the organization and operation of the Constitutional Council.

CHAPTER XI
THE ADMINISTRATION

Article 126
The territory of the Kingdom of Cambodia shall be divided into provinces and municipalities.
Provinces shall be divided into districts (srok) and district into commune (khum).
Municipalities shall be divided into Khan into Sangkat.

Article 127
Provinces, municipalities, districts, khan, khum, and sangkat shall be governed in accordance with organic law.

CHAPTER XII
THE NATIONAL CONGRESS

Article 128
The National Congress shall enable the people to be directly informed on various matters of national interests and to raise issues and requests for the State authority to solve.
Khmer citizens of both sexes shall have the right to participate in the National Congress.

Article 129
The National Congress shall meet once a year in early December at the convocation of the Prime Minister.
It shall proceed under the chairmanship of the King.

Article 130
The National Congress shall adopt recommendations for consideration by State authorities and the Assembly.
The organization and operation of the National Congress shall be defined by a law.

CHAPTER XIII
EFFECTS, REVISION AND AMENDMENTS OF THE CONSTITUTION

Article 21
Lao citizens are the persons who hold Lao nationality as prescribed by law.

Article 22
Lao citizens, irrespective of their sex, social status, education, faith and ethnic group are all equal before the law.

Article 23
Lao citizens 18 years of age and over have the right to vote, and those 21 years of age and over have the right to be elected, except for insane persons and persons whose rights to vote and to be elected have been revoked by a court.

Article 24
Lao citizens of both sexes enjoy equal rights in political, economic, cultural, social and family affairs.

Article 25
Lao citizens have the right to education.

Article 26
Lao citizens have the right to work and engage in occupations which are not forbidden by law. Working people have the right to rest, to receive medical treatment in time of ailment, to receive assistance in case of incapacity and disability, in old age and other cases as prescribed by law.

Article 27
Lao citizens have freedom of movement and residence as prescribed by law.

Article 28
Lao citizens have the right to lodge complaints and petitions and to propose ideas to relevant state organizations in connections with issues pertaining to the rights and interests of collectives or of their individuals.
Complaints, petitions and ideas of citizens must be considered for solutions as prescribed by law.

Article 29
The right of Lao citizens to be secure in their persons and houses shall not be violated. Lao citizens shall not be arrested or searched without warrant or approval by an authorized organization, except in the case as prescribed by law.

Article 30
Lao citizens have the right and freedom to believe or not to believe in religions.

Article 31
Lao citizens have freedom of speech, press and assembly; of associations and of demonstrations, which are not contrary to the law.

Article 32
Lao citizens have freedom to conduct research, to apply advanced sciences, techniques and technologies; to create artistic and literary works and to engage in cultural activities which are not contrary to the law.

Article 33
The State protects the legitimate rights and interests of Lao citizens residing abroad.

Article 34
Lao citizens have the duty to observe the Constitution and the law, and to implement labor discipline, rules of good conduct in society and the public order.

Article 35
Lao citizens have the duty to pay taxes and duties in accordance with the law.

Article 36
Lao citizens have the duty to defend their country, to maintain security and to fulfill their military obligations as prescribed by law.

Article 37
Aliens and persons having no nationality have the right to enjoy those rights and freedoms protected by the provisions of the laws of the Lao People’s Democratic Republic. They have the right to lodge petitions with courts and other concerned organizations of the Lao People’s Democratic Republic. They have the duty to observe the Constitution and the law of the Lao People’s Democratic Republic.

Article 38
The Lao People’s Democratic Republic grants asylum to foreigners who are persecuted for their struggle for freedom, justice, peace or for their scientific activities

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