CONSITUTION
OF THE LAO PEOPLE'S DEMOCRATIC REPUBLIC
CHAPTER IV
THE NATIONAL ASSEMBLY
Article
39
The National Assembly is the legislative organ, which has the right to
decide the fundamental issues of the nation. It is the organ that supervises
and oversees the functioning of the executive and judicial organs.
Article 40
The National Assembly has the following rights and duties:
1. To establish, approve or amend the Constitution;
2. To consider, approve, amend, or abrogate laws;
3. To determine, change, or abolish taxes and duties;
4. To consider and approve strategic plans of socio-economic development
and the budgets of the State;
5. To elect or remove the President of the Republic and the Vice-President
of the Republic on the recommendation of the National Assembly Standing
Committee;
6. To consider and approve the appointment or removal of members of the
Government on the recommendation of the President of the Republic;
7. To elect or remove the President of the People’s Supreme Court
and the Public Prosecutor-General on the recommendation of the National
Assembly Standing Committee;
8. To approve the establishment or dissolution of the ministries, ministry-equivalent
organizations, provinces and municipalities and to determine the boundaries
of provinces and municipalities on the recommendation of the Prime Minister;
9. To decide on granting general amnesties;
10. To decide on ratification or abolition of treaties and agreements
signed with foreign countries in accordance with international law and
regulations;
11. To decide on matters of war or peace;
12. To supervise the observance of the Constitution and the law;
13. To exercise other rights and execute other duties as prescribed by
law.
Article 41
Members of the National Assembly are elected by Lao citizens in accordance
with the provisions prescribed by law.
The term of office of the National Assembly is five years.
The election of a new National Assembly must be held not later than sixty
days prior to the expiration of the term of office of the incumbent National
Assembly.
In the event of war or any other circumstance that obstructs the election,
the National Assembly may extend its term of office but it must carry
out an election of a new National Assembly not later than six months after
the situation has returned to normal.
Article 42
The National Assembly elects its own Standing Committee which consists
of the President, Vice-President and a certain number of members. The
President and Vice-President of the National Assembly are also President
and Vice-President of the National Assembly Standing Committee.
Article 43
The National Assembly Standing Committee has the following rights and
duties:
1. To prepare for the National Assembly sessions and to ensure the implementation
by the National Assembly of the program of activity it has set forth;
2. To interpret and explain the provisions of the Constitution and the
various laws;
3. To supervise and oversee the functioning of the executive and judicial
organs during the recess of the National Assembly,
4. To convene the National Assembly into session;
5. To exercise other rights and execute other duties as prescribed by
law.
Article 44
The National Assembly convenes its ordinary session twice a year upon
convocation by the National Assembly Standing Committee.
The National Assembly Standing Committee may, if it deems it necessary,
convene extraordinary sessions of the National Assembly.
Article 45
A National Assembly session shall be convened only with the presence of
more than one-half of the total number of the National Assembly members.
Resolutions of the National Assembly shall be valid only when they are
voted for by more than one-half of the total number of the National Assembly
members present at the session, except in the cases prescribed in Article
54 and Article 80 of the Constitution.
Article 46
The organizations and persons that have the right to propose draft laws
are as follows:
1. The President of the Republic;
2. The National Assembly Standing Committee;
3. The Government;
4. The People’s Supreme Court;
5. The Public Prosecutor-General;
6. The mass organizations at the central level.
Article 47
Any law adopted by the National Assembly must be promulgated by the President
of the Republic within thirty days following such adoption. During this
period, the President of the Republic has the right to request the National
Assembly to reconsider any such law. If the National Assembly affirms
its initial decision, the President of the Republic must promulgate the
law within fifteen days.
Article 48
Questions relating to the destiny of the nation and the vital interests
of the people must be submitted for approval to the National Assembly
or, between its two sessions, to the National Assembly Standing Committee.
Article 49
The National Assembly establishes its own Committees to consider draft
Laws, draft Decrees and draft Acts for submission to the National Assembly
Standing Committee and the President of the Republic; these Committees
shall also assist the National Assembly and the National Assembly Standing
Committee in exercising the right of supervision over the functioning
of the executive and judicial organs.
Article 50
Members of the National Assembly have the right to question the Prime
Minister or members of the Government, the President of the People’s
Supreme Court and the Public Prosecutor-General.
Organs or persons called for questioning must give verbal or written answers
before a session of the National Assembly.
Article 51
Members of the National Assembly shall not be subject to prosecution or
detention without the approval of the National Assembly or, between its
two sessions, the National Assembly Standing Committee.
In cases involving gross and urgent offenses, any organizations detaining
a member of the National Assembly must immediately report the detention
to the National Assembly or, between its two sessions, to the National
Assembly Standing Committee for consideration and decisions. Inquires
and questioning are not valid reasons for causing the absence of a prosecuted
member from any session of the National Assembly.
CHAPTER
V
THE PRESIDENT OF THE REPUBLIC
Article
52
The President of the Republic is the Head of State of the Lao People’s
Democratic Republic. He is the representative of the multi-ethnic Lao
people both at home and abroad.
Article 53
The President of the Republic has the following rights and duties:
1. To promulgate the Constitution and the laws that have been duly approved
by the National Assembly;
2. To issue Decrees and Acts on the recommendation of the National Assembly
Standing Committee;
3. To appoint or remove the Prime Minister and the members of the Government;
such appointments and removals must be submitted to the National Assembly
for approval;
4. To appoint, transfer or remove the Governors of the provinces and the
Mayors of municipalities on the recommendation of the Prime Minister;
5. To decide on the promotion to or demotion from the rank of General
Officer in the national defense and security forces on the recommendation
of the Prime Minister;
6. To be the Head of the People’s Armed Forces;
7. To preside over meetings of the Government when necessary;
8. To decide on the conferment of the national gold medal, orders of merit,
medals and highest honorific titles of the State;
9. To grant pardons;
10. To order general or partial military conscription and to declare a
state of emergency over the country or in any particular locality;
11. To promulgate the ratification or abolition of any treaties and agreements
signed with foreign countries;
12. To appoint or recall plenipotentiary representatives of the Lao People’s
Democratic Republic to or from foreign countries, and to accept the plenipotentiary
representatives of foreign countries accredited to the Lao People’s
Democratic Republic:
13. To exercise other rights and execute other duties as prescribed by
law.
Article 54
The President of the Republic is elected by the National Assembly with
two-thirds of votes of the total members of the National Assembly attending
the session.
The term of office of the President of the Republic is five years.
Article 55
The President of the Republic may have a Vice-President to assist him
and to act on his behalf during his absence.
The Vice-President of the Republic is elected by the National Assembly
with the votes of more than one-half of total members of the National
Assembly attending the session.
CHAPTER
VI
THE GOVERNMENT
Article
56
The Government is the executive organ of the State.
The Government manages in a unified manner the execution of state duties
in all fields: political, economic, cultural, social, national defense
and security, and foreign affairs.
Article 57
The Government has the following rights and duties:
1. To implement the Constitution and the laws, the resolutions of the
National Assembly as well as Decrees and Acts of the President of the
Republic;
2. To submit draft laws to the National Assembly; draft Decrees and draft
Acts to the President of the Republic;
3. To draw up the strategic plans on the socio-economic development and
annual state budgets and submit them to the National Assembly for consideration
and approval;
4. To issue Orders and Decisions on the management of socio-economic,
scientific and technical fields, national defense and security; and foreign
affairs;
5. To organize, guide and control the activities of the managerial organizations
of all branches and of local administrative organizations;
6. To organize and control the activities of the national defense and
security forces;
7. To sign treaties and agreements with foreign countries and guide their
implementation;
8. To suspend or revoke decisions, orders of ministries, the ministry-equivalent
organizations, organizations attached to the Government, and local administrative
organizations if they are contrary to the law;
9. To exercise other rights and execute other duties as prescribed by
law.
Article 58
The Government consists of the Prime Minister, Deputy Prime Ministers,
Ministers and Chairmen of the ministry-equivalent committees.
The term of office of the Government is five years.
Article 59
The Prime Minister is appointed by the President of the Republic with
the approval of the National Assembly.
Article 60
The Prime Minister is the Head of the Government. He guides and controls
the work of the Government; represents the Government in guiding the work
of ministries, the ministry-equivalent organizations and other organizations
attached to Government; and guides the work of the Governors of provinces
and the Mayors of municipalities.
The Prime Minister appoints Deputy Minister and Deputy Chairmen of the
ministry-equivalent committees, Deputy Governors, Deputy Mayors and district
Chiefs.
Deputy Prime Minister are the assistants of the Prime Minister. The Prime
Minister may assign a particular Deputy Prime Minister to act on his behalf
during his absence.
Article 61
The National Assembly may pass a vote of no confidence in the Government
or any member of the Government if either the National Assembly Standing
Committee or at least one-fourth of the total member of the National Assembly
members raise the question.
Within twenty-four hours after the vote of the no confidence in the Government
has been adopted by the National Assembly, the President of the Republic
has the right to request the National Assembly to reconsider the question.
This reconsideration must be held within the forty-eight hours from the
first consideration. If a new vote of no confidence is adopted, the Government
must resign.
CHAPTER
VII
THE LOCAL ADMINISTRATIONS
Article
62
In the Lao People’s Democratic Republic, there are provinces, municipalities,
districts and villages.
Provinces and municipalities have Governors and Mayors respectively. Districts
have district Chiefs and villages have village Headmen. Governors and
Mayors have Deputy Governors and Deputy Mayors respectively. District
Chiefs have deputy district Chiefs as assistants. In densely populated
villages, village Headmen have deputy village Headmen as assistants.
Article 63
The Governors, the Mayors and the district Chiefs have the following rights
and duties:
1. To ensure the implementation of the Constitution and the laws, and
to organize the strict implementation of decisions and orders issued by
higher levels;
2. To guide and supervise the functioning of all services at all levels
within the scope of their responsibility;
3. To suspend implementation or abolish the decisions of all services
at the their own or lower levels, which are contrary to the regulations
and laws;
4. To consider and resolve complaints, petitions and proposals of the
people within the scope of their jurisdiction as prescribed by law.
Article 64
The village Headmen are responsible for implementing the State’s
laws, decisions and orders, for maintaining peace and security of the
villages; and for developing the village in all aspects.
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