Legal System of the Lao People’s Democratic Republic

Tuchakorn Kitcharoen is a Senior Associate at ZICOlaw in Lao PDR. He holds Master of Laws in Competition, Innovation and Trade Law from the London School of Economics and Political Science in London, United Kingdom. He also holds Master of Laws in Commercial Law from the University of Bristol in Bristol, United Kingdom. Tuchakorn earned his undergraduate degree in Law from the Faculty of Law, Thammasat University in Thailand. Tuchakorn has been a lawyer since 2012 and subsequently admitted to the Bar in Thailand in 2013. He practices law in Thailand and Laos for domestic and international clients as both a litigator and a legal advisor. His practice focuses on foreign direct investment, banking and project financing, and corporate and commercial law. He worked as legal consultant for Pepsi-Cola (Thai) Trading before joining ZICOlaw in Lao PDR in 2018.

1. Background

The Lao People’s Democratic Republic (“Lao PDR”) is a landlocked country located in Southeast Asia bordered by Cambodia, China, Myanmar, Thailand, and Vietnam. It has an area of approximately 236,800 square kilometers with an estimated population of 7,234,171 as of July 2018.[1] Lao PDR is a home to multi-ethnic people, which have been categorized into 49 distinct ethnicities and over 200 ethnic subgroups.[2] Another notable feature of Lao societal structure is the fact that Lao PDR has a gender-balanced society of young people, with over half of population aged below 25 years old, and an equal distribution of the number of male and female in every age range.[3] Economically, the figure of Gross Domestic Product was recorded to have reached its highest record at 16.85 million US dollars in 2017.[4] Lao PDR has also been grouped in the lower middle income category, with income per capita in 2017 reported to be standing at 2,270 US dollars.[5]

The rich history of Lao PDR begins with the rise of the ancient Lao kingdom of Lane Xang, established in the 14th century by King Fa Ngum, after the serious decline of the Khmer (ancient Cambodia) in the Southern region of the current Lao PDR.[6] The Lane Xang Kingdom developed and expanded southwards along the Mekong to the current border between Lao PDR and Cambodia between 15th and 17th centuries.[7] In the beginning of 18th century, however, the Lane Xang Kingdom was divided into 3 kingdoms, namely the kingdoms of Luang Prabang, Vientiane and Champasak, following the succession crisis within the Lao royal family.[8] After the split of the Lane Xang Kingdom, Lao royal family encountered political instabilities stemming from both internal conflicts and the conflicts between Burma and Siam (Thailand).[9] Eventually, due to the increase of distrust between Lao royal family and Siamese court, a war broke out between the two kingdoms, which ended with the loss of independence of the 3 Lao kingdoms in 1779.[10]

The 3 Lao kingdoms continued its monarchy system under the domination of Siam.[11] The political tension between Siam and France aggravated leading to the use of force by the French to force the King of Siam into signing a treaty on the surrender of claim to the territories to the east of Mekong in 1893, marking the beginning of French colonial period of Lao PDR.[12] The French remain in control of Laos until the signing of Franco-Lao Treaty on 22 October 1953 which gave complete independence to the Kingdom of Laos.[13] After the declaration of independence, the Kingdom of Laos operated under the royal Lao Government until 2 December 1975, when the communist Pathet Lao took control of the Government, putting an end to the six-century-old monarchy system[14] and instituting a strict socialist regime closely aligned to Vietnam, under the name Lao PDR.[15] Lao PDR underwent a major economic reform through the reformation of tax, abolishment of multiple exchange rates, liberalization of investment, the grant of permission for private involvement in public sector, partial deregulation of banking operation and the acknowledgement of private property, which are the basis of subsequent reforms in Laos throughout the 20th century.[16] Lao PDR became a member of ASEAN in 23 July 1997[17] and the WTO in 2 February 2013.[18] In the 10th Congress of the Lao People’s Revolutionary Party held in January 2016, which resulted in the adoption of the 8th Five-Year National Socio-Economic Development Plan, the focus of Lao internal and international policies is heading towards the increase of income per capita, distribution of wealth, and promotion of balanced foreign investment.[19] To accommodate the development goals by 2020 and the directions provided in the 10th Congress of the Lao People’s Revolutionary Party and 8th Five-Year National Socio-Economic Development Plan, in recent years, Lao legislation, including laws and regulations on state management and public governance, are constantly being introduced and amended both independently and in coordination with regional and international organizations.

2. State

The Lao PDR is a socialist state[20] under the one party system of the Lao People’s Revolutionary Party.[21] Under the Constitution of the Lao PDR 2015 (“Constitution”), the State consists of the National Assembly, President, Government,[22] Local People’s Assembly, Local Administration, People’s Court and the Office of the Public Prosecutor.

2.1 National Assembly

The National Assembly is the highest state authority and legislative branch of the state, which has the right to make decisions on fundamental issues of the country and has the role to adopt constitution and laws, and to monitor the implementation of the constitution and laws.[23] The members of the National Assembly are representatives of[24], and elected by, Lao citizens and have a term of office of 5 years, starting from the first meeting of the elected members.[25] As of February 2019, there are 148 members representing 18 provincial constituencies.[26] The majority of the National Assembly’s members, accounting to over 95%, are also the members of the Lao People’s Revolutionary Party.

The National Assembly’s rights and duties are currently stipulated in both the Constitution and the Law on National Assembly No. 64/NA dated 9 December 2015 (“The Law on National Assembly”). The Law on National Assembly confirms the rights and obligations of the National Assembly as articulated in the Constitution[27], and categorizes them into three main categories, namely legislative rights and obligations, rights and obligations relating to the provision of directions on fundamental national issues, and monitoring rights and obligations.[28] Nevertheless, the Law on National Assembly extends and clarifies rights and obligations of the National Assembly under each category further from the scope defined by the Constitution in some aspects as detailed below.

The National Assembly has the following legislative rights and obligations:[29]

• To consider and adopt the Constitution and laws;
• To consider and adopt legislation and law amendment plan throughout the term of its office;
• To consider, approve, withdraw and cancel the participation with treaties of which Lao PDR is a party and international agreement at the State level based on the recommendation of the Prime Minister;
• To consider and adopt five-year work strategic directions of the National Assembly;
• To consider and adopt five-year work strategic directions of the Office of the Public Prosecutor, People’s Court and State Audit;
• To cancel the legislations of other sectors which contradict with the constitution and laws, except the decision on the court proceeding of Public Prosecutor and People’s Court;
• To assign the rights to the National Assembly Standing Committee to decide on the necessary and urgent matters then report to the National Assembly meeting.

The National Assembly has the following rights and obligations relating to the provision of directions on fundamental national issues:[30]

• Political and governance agendas:
• • To consider and approve national security and safety issues, social or peace issues, and the grant of amnesty based on the recommendation of the Prime Minister;
  • To consider and determine the boundaries of the provinces, cities based on the recommendation of the Prime Minister;
  • To consider to liquidate the People Assembly of the provincial in case that People Assembly has made a huge damage to the interest of the people and country;
  • To adopt motion of no confidence against one Government members or the entire cabinet based on the proposal of the National Assembly Standing Committee, or at least one-fourths of the entire members of National Assembly.
• Socio-economic agendas:
• • To consider and adopt strategic plans, socio-economic development plan, State budget plan and the amended State budget plan;
  • To consider and adopt the fundamental policy of financial, money, the percentage of State budget deficit, the percentage of debt of the Government, the percentage of debt of public;
  • To consider and adopt the determination, amendment, abrogation or exemption of taxes and duties;
  • To consider and approve national projects and projects of large scale impacting social and environmental condition.
  • To consider and approve the summary report on the implementation of National State Budget.
• Management and human resource agendas:
• • Management agendas:
  • • To consider and approve the organizational structure of the National Assembly, and the establishment, abolishment, integration, separation of Committees and Secretary General of the National Assembly.
    • To consider and approve the organizational structure of the Government
    • To consider and approve the establishment, abolishment, integration, separation of ministry, ministry-equivalent organizations, provincial, city based on the recommendation of the Prime Minister;
  • Human resource agendas
  • • To elect or remove the President, the Vice-President and members of the National Assembly Standing Committee;
    • To elect or remove the President and Vice-President of the State based on the recommendation of the National Assembly Standing Committee;
    • To elect or remove the Prime Minister based on the recommendation of the President of the State;
    • To elect or remove the Supreme Public Prosecutor, the President of the People’s Supreme Court and the President of the State Audit based on the recommendation of the President of the State;
    • To consider and approve the proposed appointment or removal of the President, Vice-President of the Committees and Secretary General of the National Assembly based on the recommendation of the National Assembly Standing Committee;
    • To consider and approve the proposed appointment or removal of Deputy Prime Minister and members of the Government based on the recommendation of the Prime Minister;
    • To consider and approve the proposed appointment or removal of members of Judge of the People’s Supreme Court based on the recommendation of the President of the People’s Supreme Court.

The National Assembly has the following monitoring rights and obligations:[31]

• To oversee the observance and implementation of the Constitution, laws, the resolution of the meeting of the National Assembly, the resolution of the National Assembly Standing Committee, Socio-economic Development Plan, National State Budget Plan, and national projects and projects of large scale impacting social and environmental conditions;
• To oversee the work of personals who are appointed by the National Assembly and personals whose appointments were endorsed by the National Assembly;
• To oversee the observance and implementation of the resolution of the meeting of the National Assembly on operational and directional reports of the Supreme Public Prosecutor’s Office, People’s Supreme Court and State Audit;
• To oversee the observance and implementation of People Assembly of the provincial with Constitution, laws, the resolution of the meeting of the National Assembly, the resolution of the National Assembly Standing Committee.

Another important component within the National Assembly possessing extensive authorities in the implementation of law and Governmental administration is the National Assembly Standing Committee. The National Assembly Standing Committee is the permanent body of the National Assembly, and is to carry out duties on behalf of the National Assembly during the recess of the National Assembly.[32] The National Assembly Standing Committee consists of the President and Vice President of the National Assembly, Committees and organizational bodies formed by the National Assembly Standing Committee.[33]

Similar to the National Assembly, the scope of rights and duties of the National Assembly Standing Committee as defined by the Constitution[34] is divided into 3 main categories and extended by the Law on National Assembly as follows.

The National Assembly Standing Committee has the following legislative rights and obligations:[35]

• To interpret and explain the provisions of the Constitution and laws;
• To research on the creation and amendment of law to propose to the meeting of the National Assembly for consideration and approval;
• To research, consider, and create draft Decree to propose to the President of the State;
• To direct, promote and disseminate the Constitution, laws and other regulations;
• To issue resolution, decision, and instruction on the implementation of laws, regulations and works under its supervision;
• To decide on the rectification of treaties which Lao PDR has become a party and international agreements based on the recommendation of the Prime Minister
• To appoint and decommission foreign, regional and international governing bodies of the National Assembly;
• To create and propose to the meeting of the National Assembly for their consideration and approval on annual and five-year operational directions;
• To prepare and summon the meeting of National Assembly, and joint meeting with the Government and justice and law organizations.

The National Assembly Standing Committee has the following rights and obligations relating to the provision of directions on fundamental national issues:[36]

Political and Governance Agendas:

• To propose to the National Assembly for their consideration and decision on societal and peace issues;
• To engage and coordinate in the establishment of foreign, regional and international governing bodies;
• To report to the meeting of National Assembly on its operation during their joint meeting;
• To research and propose for the liquidation of the People Assembly of the provincial in case that People Assembly has made a huge damage to the interest of the people and country.

Socio-Economic Agendas:

• To research on strategic plans, socio-economic development plan, State budget plan and the amended State budget plan;
• To research on fundamental policy of financial, money, the percentage of State budget deficit, the percentage of debt of the Government, the percentage of debt of public;
• To research and consider the exemption of taxes and duties;
• To research on summary report on the implementation of National State Budget to propose to the meeting of the National Assembly.

Management and Human Resource Agendas:

Management agendas:

• To research on the structure, role, right and obligation of the establishment of the National Assembly;
• To appoint national election committee and prepare the election for members of the National Assembly and People Assembly of the provincial.

Human resource agendas

• To consider the reassignment and appointment of the member of the National Assembly to be assigned to other work based on the recommendation of relevant sectors;
• To assign and reassign the member of the National Assembly as a committee member in each Committees;
• To appoint, reassign and remove Vice-Secretary General of the National Assembly, President and Vice-President of the Female National Assembly Committee, President and Vice-President of the Constituency Election Operational Committee, President and Vice-President of Constituency Election Committee of the National Assembly, Head of Department and Department-level organization, and deputy head of Department and Department-level organization;
• To appoint, reassign or remove the judge of the People’s Supreme Court, the President, Vice-President and the judge of the People’s Court based on the recommendation of the President of the People’s Supreme Court;
• To appoint, reassign or remove the judge of the People’s Local Court based on the recommendation of the President of the People’s Supreme Court upon the approval of the People Assembly of the provincial’s Standing Committee.

National Assembly Standing Committee has the following monitoring rights and obligations:[37]

• To oversee the observance and implementation of the Constitution, laws, the resolution of the meeting of the National Assembly, the resolution of the National Assembly Standing Committee, Socio-economic Development Plan, National State Budget Plan and Government project;
• To oversee the operation of Supreme Public Prosecutor’s Office, People’s Supreme Court and State Audit;
• To suspend the implementation of decisions of Government, Prime Minister, Minister, President of Supreme Public Prosecutor, President of the People’s Supreme Court, President of the State Audit, and President of the People Assembly of the provincial which contradict with Constitution, laws, and the resolution of the meeting of the National Assembly, except the decision on the court proceeding of Public Prosecutor and People’s Court;
• To receive, consider, and administer justice application from citizens.

Within the National Assembly, Committees performing several duties, including researching, monitoring and commenting on draft law, regulation and other state acts, and researching on the interpretation and explanation of law.[38] There are currently 8 Committees in the National Assembly including:[39]

• Law Committee;
• Economic, Technology and Environment Committee;
• Planning, Finance and Audit Committee;
• Cultural and Social Affairs Committee;
• Ethnic Affairs Committee;
• National Defence and Security Committee;
• Justice Committee;
• Foreign Affairs Committee.

The National Assembly Standing Committee may propose to the meeting of the National Assembly to form additional committee in case of necessity.[40]

The National Assembly convenes its ordinary session twice a year[41] at the summons of the National Assembly Standing Committee.[42] The National Assembly Standing Committee, The President of the State, Prime Minister or at least one-fourths of the members of National Assembly may convene an extraordinary session of the National Assembly to consider and decide urgent and important matters.[43]

National Assembly sessions shall be conducted only in the presence of more than one-half of the total number of the National Assembly members.[44] The session shall be convened publicly unless there is a necessity to conduct internal meeting based on the recommendation of The National Assembly Standing Committee, The President of the State, Prime Minister or at least one-fourths of the members of National Assembly.[45]

Resolutions of the National Assembly shall be applicable nationwide and valid only when they are voted for by more than one-half of the number of the National Assembly members present at the session,[46] except in the cases of the election of new members prior to the expiration of their term by the incumbent National Assembly legislature,[47] and election of the President and Vice-President of the State,[48] where vote of at least two-thirds of all members of the National Assembly attending the session is required;[49] Likewise, only the National Assembly has the right to amend the Constitution which requires the affirmative votes of at least two-thirds of the total number of the National Assembly members.[50]

Although the previous discussion shows that the authority of the National Assembly stretches beyond the role of legislative functions, law-making remains the main duties of the National Assembly and its internal bodies. Under the Constitution, draft laws, including draft amendments of law[51], may be proposed by the following:[52]

• President of the State;
• National Assembly Standing Committee;
• Government;
• Office of the Supreme Public Prosecutor;
• People’s Supreme Court;
• State Audit organization; and
• Lao Front for National Construction[53] and the mass organizations at the central level.

Prior to the beginning of the drafting of law, however, it is the obligations of proposing authorities to notify in writing the National Assembly Standing Committee of the objective and rationale of the legislations for the committee to consider approving the commencement of the process.[54] The National Assembly Standing Committee is obliged to reply to the request within 15 days from the date of submission.[55] Upon the grant of approval by the National Assembly Standing Committee, legislative drafting and amendment are conducted as follows:[56]

• Planning for law making and amendment;
• Drafting a law;
• Reviewing the consistency of the draft law by the Ministry of Justice;
• Reviewing the draft law by the Government;
• Reviewing the draft law and adoption of the law by the National Assembly;
• Promulgation of the law by the President of the State.

In addition to the aforementioned process, the proposing authorities, after having completed the draft legislation or amendments of law, is also required to submit the draft to the National Assembly Standing Committee for their consideration no later than 60 days before the commencement of the meeting of National Assembly.[57] Upon the receipt of the draft, the National Assembly Standing Committee is entitled to conduct public consultation, research, amend, and revert on the draft before presenting it to the meeting of the National Assembly for their approval.[58]

Unless otherwise specifically specified in the law, all promulgated legislation of general application at national, provincial and capital levels come into legal force only after 15 days from the publication date in the Official Gazette.[59] Districts/municipalities and villages have the option to bring their legislation into legal force by publishing legislation on the Official Gazette or by posting their approved legislation for 15 days in other local media or in a way that people can access it easily.[60] In special cases where there are necessary or urgent conditions, legislation may be brought into legal force immediately, but in these cases, such legislation must be published in the Official Gazette as quickly as possible.[61] Interestingly, Lao PDR allows the promulgation of law with retroactive effect when the relevant regulations clearly require the retroactive application of the law, unless the legislation involved the introduction of new legal liabilities or imposition of higher legal liabilities.[62]

2.2 President of the State

The President is the Head of State and representative of the multi-ethnic Lao people.[63] The President of the State is elected by the National Assembly with two-thirds of the votes of all members of the National Assembly attending the session[64], with a same term of office as the National Assembly (5 years) and cannot hold the position for more than 2 consecutive terms.[65]

The President of the State has the following rights and duties:[66]

• To promulgate the Constitution and laws;
• To issue presidential edicts and decrees;
• To convene and preside at the Government’s special meetings, attend the National Assembly Committee Standing meeting if it deems it necessary;
• To appoint, reassign or remove the deputy Prime Minister and members of the Government after approval by the National Assembly;
• To appoint or remove the Vice-President of the People’s Supreme Court, the Deputy Supreme Public Prosecutor, deputy head of State Audit organization based on the recommendation of the President or the head of such organization;
• To decide on promotions or demotions at the rank of general in the national defense and security forces based on the recommendation of the Prime Minister;
• To appoint, reassign or remove the Head of Presidential Office which has the position equivalent to minister;
• To appoint the ambassador and plenipotentiary representatives of the Lao PDR to, or recall from, foreign countries based on the recommendation of the Prime Minister, and to accept the plenipotentiary representatives of foreign countries accredited to the Lao PDR;
• To announce the appointment of the National Election Committee, election date, number of applicants, number of member of National Assembly and member of People Assembly of the provincial in each constituency based on the recommendation of the National Assembly Standing Committee;
• To declare on matters of war or peace based on the recommendation of the National Assembly, decide on general or partial military conscription and to declare states of emergency all over the country or in any particular locality;
• To handover or decide on conferring national gold medals, orders of merit, medals of victory and the highest honor titles of the State and to praise by other forms based on the recommendation of the Prime Minister;
• To decide on the grant of amnesty based on the recommendation of the Government; announce on granting amnesty after approval by the National Assembly;
• To decide on the grant of political foreigner refugee status; and
• To negotiate or sign on treaties, international agreement on behalf of the State; issue the ratification of, become a party or secession from treaties and agreements signed with foreign countries.

The President of the State may have a Vice-President as elected by the National Assembly with the votes of more than two-thirds of the number of National Assembly members attending the session. The Vice-President of the State executes all tasks as assigned by the President and acts on behalf of the President if the latter is occupied on other matters. In case the President can no longer perform his/her duty, the Vice-President will perform the duty until the National Assembly elects a new President.[67]

2.3 Government

The Government is the executive branch of the state.[68] The Government consists of the Prime Minister, Deputy Prime Ministers, ministers and chairmen of the ministry-equivalent organizations.[69] The term of office of the Government is 5 years and officials cannot hold the position for more than 2 consecutive terms.[70] In the event that the term of office of the Government has ended and the new Government has not yet been approved, the previous Government shall continue performing its duties until the new Government is established.[71]

The rights and duties of the Government are similarly identified in both the Constitution[72] and the Law on Government of Lao PDR No. 04/NA dated 8 December 2016 (“Law on Government”). However, the Law on Government clarifies and extends the scope of rights and duties of the Government slightly beyond the Constitution by defining rights and obligations of the Government to be as follows:[73]

• To implement the Constitution, laws and resolutions of the National Assembly’s meeting, resolutions of the National Assembly Standing Committee, presidential edicts and decrees;
• To submit draft laws to the National Assembly, submit draft Presidential Edicts to the National Assembly Standing Committee and to submit draft Presidential Decrees to the President of the State;
• To issue decrees and resolutions on State administration, socio-economic management, and management in the fields of science-technology, national resources, environment, national defense and security, and foreign affairs;
• To determine strategic plans on socio-economic development and annual State budgets and to submit them to the National Assembly for consideration and approval;
• To research and propose on the determination, amendment, cancellation or exemption of tax rate and tax to the National Assembly, and fee and service charge to the National Assembly Standing Committee;
• To propose the National Assembly for approving of the establishment, merge, separate or liquidate of ministry, ministry-equivalent organizations, provincial, city and determine the boundaries of the provinces, city;
• To decide the establish or liquidate of sub-ministry, department or department equivalent organizations;
• To decide the establish or liquidate of districts, municipalities, city and determine the boundaries of the districts, municipalities, city based on the recommendation of the provincial governor or capital mayor, after approval by the People Assembly of the provincial;
• To establish or liquidate of Special and Specific Economic Zone;
• To promote, disseminate, educate, respect, and implement the Constitution, Laws and regulations;
• To organize, monitoring and oversee the activities of the sectoral organizations, local administrations and the national defense and security forces;
• To decide on conferment, withdrawal, relinquishment and re-acquisition of Lao nationality;
• To decide on granting a foreigner to become a honorary person;
• To propose to the President of the State for the consideration on the grant of amnesty;
• To protect citizens in uniform manner across the country, determine and introduce measures to protect rights and benefits of citizens, including Lao citizens living in foreign countries;
• To make, enter into, interpret and implementing the treaties and international agreements which Lao PDR has become a party;
• To supervise, direct and monitor the provision of services to citizens and the addressing of complaints from citizens;
• To report on its performance to the National Assembly, the National Assembly Standing Committee, and the President of the State;
• To have other rights and perform other obligations according to laws and regulations.

On the organizational structure of the Government, the Prime Minister is the head of the Government[74] and represents the Government. The rights and duties of the Prime Minister is roughly defined by the Constitution[75] and are clarified in the Law on Government to include the following:[76]

• To summon and preside over the meeting of the Government;
• To direct and control the operation of the Government, the commission of work by ministries, ministry-level organizations, other organizations under the supervision of the Government and local administration;
• To direct and monitor the implementation of the Constitution, laws, the resolution of the meeting of the National Assembly, the resolution of the National Assembly Standing Committee, Socio-economic Development Plan, National State Budget Plan, and regulations of the Government;
• To propose the appointment, reassignment, and removal of Deputy Prime Minister, Minister and head of ministry-level organization to the National Assembly for their consideration for approval;
• To appoint, reassign and remove Deputy Minister, deputy head of ministry-level organization, head of bureau, deputy head of bureau, Assistant Minister, assistant head of ministry-level organization, head of department, and head of department-level organization;
• To appoint and remove provincial governor, capital mayor after the approval of the People Assembly of the provincial, and give comment on the proposal of provincial governor and capital mayor on the appointment, reassignment, removal of deputy provincial governor, deputy capital governor, city governor, head of municipality, district governor prior to the submission to the People Assembly or People Assembly Standing Committee of the provincial for consideration;
• To decide on promotion or demotion of the rank of colonel in the national defense and security, and propose to the President of the State on the promotion or demotion of the rank of general in the national defense and security;
• To propose to the President of the State on the appointment of the ambassador and plenipotentiary representatives of the Lao PDR to, or recall from, foreign countries;
• To issue decision on the grant, revoke, combine, and return Lao national status, and issue decision to grant foreigner a honorable person status;
• To propose to the National Assembly for their consideration, approval, cancellation, and withdrawal from the participation in international treaties of which Lao PDR is a party and State level international agreement;
• To propose to the National Assembly Standing Committee for their consideration and decision on the rectification of treaties of which Lao PDR is a party and State level international agreement;
• To propose to the President of the State for the decision on conferring national gold medals, orders of merit, medals of victory and the highest honor titles of the State and to praise by other forms;
• To issue decree, order and decision on the implementation of policy, law, regulation, government plan, establishment and operation of ministries, ministry-level organizations, other organization under the supervision of the Government and local administration;
• To suspend, terminate and cancel decision, order, and guideline of Ministry, organization under the supervision of the Government, and local administration which contradict laws and other regulations, with exception to the decision on the legal proceeding of the Public Prosecutor and People’s Court;
• To assign Minister and the head of ministry-level organization to represent the Government in the attendance of meeting and execution of agreement and treaty with foreign countries;
• To summarize and report on the operation of the Government to the National Assembly and President of the State annually;
• To resign from the position when health or other issue prevents him/her from performing duty;
• To have other rights and perform other obligations according to laws and regulations.

Interestingly, the right of the Government to suspend, terminate and cancel decisions, orders, and guidelines of ministries, organizations under the supervision of the Government, and local administrations which contradict laws and other regulations, with exception to the decision on the legal proceeding of the Public Prosecutor and People’s Court as recognized by the Constitution[77] is missing from the scope of rights and duties of the Government but was afforded to the Prime Minister to solely exercise this right under the Law of Government. Technically, considering the fact that the Constitution is a law of the higher hierarchy and the Law on Government acknowledges rights and obligations of the Government under other laws, the Government, as a collective body, is likewise entitled to exercise this right.

The Deputy Prime Ministers[78] are the assistants of the Prime Minister and execute the tasks assigned to them by the Prime Minister within the remit of executive functions.[79] The Prime Minister may assign a particular Deputy Prime Minister to carry out work on his behalf in the event that he is occupied on other matters.[80] The Deputy Prime Minister may resign from the position when health or other issues prevents him/her from performing duties.[81]

The Government shall hold a government meeting at least once a month.[82] The quorum is formed only when at least two-thirds of the entire members attending the meeting.[83] The President of the State may also summon the Government to attend an extraordinary meeting in national emergency events, such as financial crisis, disaster, and serious concerns on national securities.[84]

In addition from the authority to elect and remove the Prime Minister[85], the National Assembly may also pass a motion of no confidence in the Government or any member of the Government if the National Assembly Standing Committee or one-fourths of the total number of National Assembly members raises the issue.[86] The President of the State has the right to bring the no confidence question to the National Assembly for reconsideration or make a decision for he/she to resign.[87]

2.4 Local People Assembly

The Local People Assembly is the representative of rights and interests of the Lao people.[88] It is a State-local organization.[89] The Local People Assembly consists of the People Assembly of provincial, district level and village level.[90] However, the reference to the Local People Assembly mainly refers to the provincial People Assembly, due to the fact the establishments of the People Assembly at the district and village levels depend on the decisions of the National Assembly.[91] The provincial People Assembly has the term of office for 5 years starting from the primary meeting of the People Assembly.[92]

The election of new provincial People Assembly shall be concluded no later than 60 days before the end of the term of office of the previous one.[93] In the event that there is difficulty obstructing the organization of election of People Assembly of provincial, the term of office can be extended but the election for a new People Assembly of provincial shall be conducted no later than 3 months after the stabilization of the situation.[94] With two-thirds affirmative vote of members of the People Assembly of provincial attending the meeting, the People Assembly of provincial may organize an election prior to the end of its term of office.[95]

The rights and duties of the People Assembly of provincial are articulated in the Constitution[96] which was later echoed by the Law on the People Assembly of Provincial No. 65/NA dated 10 December 2015 (“Law on People Assembly”). The Law on People Assembly categorizes the rights and duties of the People Assembly of provincial into 3 categories, and defines rights and duties of the People Assembly of provincial following the Constitution in each category, with some additions, as follows:

The People Assembly of provincial has the following legislative rights and obligations:[97]

• To consider and adopt important local regulations;
• To research and provide comment on draft Constitution and laws provided by the National Assembly
• To consider and adopt five-year work strategic directions of the People Assembly of provincial;
• To consider and adopt five-year work strategic directions of the Public Prosecutor and People’s Court at provincial level;
• To terminate and cancel decision, order, instruction or other regulation of organizations under its supervision or lower which contradicts with the Constitution and laws except the decision on the court proceeding of Public Prosecutor and People’s Court;
• To assign the rights to the People Assembly Standing Committee to decide on the necessary and urgent matters then report to the People Assembly of provincial’s meeting.

The Provincial People’s Assembly has the following rights and obligations relating to the provision of directions on fundamental national issues:[98]

Political and governance agendas:

• To receive report and provide comment on local security and peace maintenance;
• To consider and approve the establishment or demolishment of city, municipality, and metropolis and the determination of the boundaries of the city, municipality, and metropolis based on the recommendation of the provincial governor or capital mayor;
• To adopt motion of no confidence against personal elected or approved by People Assembly of provincial based on the proposal of the People Assembly Standing Committee of provincial, or at least one-fourths of the entire members of People Assembly of provincial.

Socio-economic agendas:

• To consider and adopt local strategic plans, socio-economic development plan, budget plan and report on the implementation of the aforementioned plans;
• To consider and adopt the Annual State Budget Allocation Plan as provided by the State;
• To consider and adopt Rural Development and Mitigation of Poverty of Local People Plan, consider and adopt city, municipality, metropolis development plans;
• To consider and approve annual local infrastructure construction plan and project at local level impacting social and environmental conditions;
• To receive audit and budget summary report of the regional audit organization relating to the provincial.

Management and human resource agendas:

Management agendas:

• To consider and approve the organizational structure of the People Assembly of provincial, and the establishment, abolishment, integration, and separation of Committees and Secretary General of the People Assembly;
• To consider and approve the proposal of the provincial governor or capital mayor in relation to the establishment, abolishment, separation and integration of a division and division-level organization in the provincial level;

Human resource agendas

• To elect or remove the President, the Vice-President and members of the People Assembly Standing Committee;
• To elect or remove the provincial governor or capital mayor based on the recommendation of the People Assembly Standing Committee at the provincial level;
• To consider or approve the head l of Public Prosecutor, and the President of the People’s Court at the local level based on the recommendation of the National Assembly Standing Committee at the provincial level;
• To consider and approve the proposed appointment, reassignment or removal of the President, Vice-President of the Committees and Secretary General of the People Assembly based on the recommendation of the People Assembly Standing Committee at the provincial level;
• To consider and approve the proposed appointment, reassignment or removal of deputy provincial governor, deputy capital mayor, head of division, head of division-level organization at the provincial level, city governor, head of municipality, and metropolis governor based on the recommendation of the provincial governor or capital mayor;

The Provincial People’s Assembly has the following monitoring rights and obligations:[99]

• To oversee local State organizations under its supervision in observing and implementing the Constitution, laws, the resolution of the meeting of the National Assembly, the resolution of the National Assembly Standing Committee, the resolution of the meeting of the People Assembly of provincial, and the decision and resolution of the National Assembly Standing Committee at the provincial level;
• To oversee the issuance of decision, order and instruction, and the operation of local administration;
• To oversee the implementation of work relating to politic and governance, socio-economy, management and human resource which has been approved by People Assembly of provincial;
• To oversee the flow of State Budget at the provincial and city level.

The Provincial People’s Assembly Standing Committee is the permanent body of the Provincial People’s Assembly, and is to carry out duties on behalf of the People Assembly of the province during the recess of the National Assembly.[100] The People Assembly Standing Committee of the provincial consists of the President and Vice President of the People Assembly, Committees and organizational bodies formed by the People Assembly Standing Committee of provincial.[101]

The People Assembly Standing Committee of the provincial has merely 4 functions under the Constitution.[102] The Law on People Assembly defines the scope of rights and obligations of the People Assembly Standing Committee of the provincial using the Constitution as a basis under 3 categories as follows.

The Provincial People’s Assembly Standing Committee has the following legislative rights and obligations:[103]

• To research and amend regulations to propose to the meeting of the People Assembly of the provincial;
• To direct the promotion and dissemination of the Constitution, laws and other regulation under it supervision or in coordination with other relevant sectors;
• To issue resolution, decision, and instruction on the implementation of laws, regulations and works under its supervision;
• To create and propose to the meeting of the People Assembly of provincial for their consideration and approval on annual and five-year operational directions of the People Assembly of provincial;

The Provincial People’s Assembly Standing Committee of provincial has the following rights and obligations relating to the provision of directions on fundamental national issues:[104]

Political and Governance Agendas:

• To prepare and summon the meeting of People Assembly of provincial, and joint meeting with State organization at the provincial level;
• To engage and coordinate in the establishment of Local People Assembly of foreign countries as assigned;
• To report to the meeting of People Assembly of provincial on its operation during their joint meeting;

Socio-economic agendas:

• To research on strategic plans, socio-economic development plan, local budget plan and report on the implementation of the aforementioned plans;
• To coordinate with provincial authorities in the creation of annual local accounting plan to give to the provincial authorities to present to the Government;
• To research on the annual local budget allocation plan as proposed by the provincial governor or capital mayor;
• To research on the determination of specific incentive or exemption of taxes and duties according to laws;
• To research on Rural Development and Mitigation of Poverty of Local People Plan.

Management and Human Resource Agendas:

Management Agendas:

• To research on the structure, role, right and obligation of the establishment of the People Assembly of provincial;

Human Resource Agendas

• To propose the appointment, reassignment and removal of the President and Vice-President of the People Assembly Standing Committee of provincial;
• To propose the election and removal of the provincial governor and capital mayor;
• To propose the appointment, reassignment and removal of the President and Vice-President of Committees and Secretary General of the People Assembly of provincial;
• To appoint, reassign and remove Vice-Secretary General of the People Assembly of provincial.
• To propose the appointment or removal of the Head of Public Prosecutor and President of People’s Court at the local level;
• To assign and reassign members of the People Assembly of provincial into Committees;
• To consider the reassignment and appointment of members of the People Assembly of provincial into Committees to commission other works based on the recommendation of relevant sectors;
• To consider granting approval on the proposal by the President of People’s Court at provincial level on the appointment, reassignment and removal of Vice-President of People’s Court at provincial level and Judges in People’s Court at local level.

People Assembly Standing Committee of provincial has the following monitoring rights and obligations:[105]

• To oversee the observance and implementation of the Constitution, laws, the resolution of the meeting of the National Assembly, the resolution of the People Assembly of provincial, Socio-economic Development Plan, National State Budget Plan at provincial level under its jurisdiction;
• To oversee the operation of Public Prosecutor, People’s Supreme Court at provincial level and Regional State Audit;
• To suspend the implementation of regulations of State organization at provincial level which contradict with Constitution, laws, and the resolution of the meeting of the National Assembly, except the decision on the court proceeding of Public Prosecutor and People’s Court;
• To receive, consider, and administer justice application from citizens under its jurisdiction.

Within the People Assembly of provincial, the following Committees act as mechanism to operate within the remit of its authority to support the performance of the Provincial People’s Assembly and Provincial People’s Assembly Standing Committee of provincial:[106]

• Justice, Defense, and Security Committee;
• Economic, Planning, and Finance Committee;
• Cultural, Social Affairs, and Ethnic Committee.

The Provincial People’s Assembly Standing Committee may propose to the Provincial People’s Assembly for the establishment of additional committee in case of necessity.[107]

The Provincial People’s Assembly convenes its ordinary session twice a year[108] at the summons of the Provincial People’s Assembly Standing Committee.[109] The Provincial People’s Assembly Standing Committee, provincial governor, capital mayor, or one-fourths of the members of the People Assembly of provincial may convene an extraordinary session of the Provincial People’s Assembly in case of the arisen of important or urgent matter.[110]

Provincial People’s Assembly sessions shall be convened only with the presence of more than one-half of the total number of the People Assembly of the provincial members.[111] The session shall be convened publicly unless there is a necessity to conduct internal meeting based on the recommendation of People Assembly Standing Committee of the provincial, provincial governor, capital mayor, or one-fourths of the members of the People Assembly of provincial.[112]

Resolutions of the Provincial People’s Assembly shall be applicable to the entire local area and valid only when they are voted for by more than one-half of the number of the People Assembly of the provincial members present at the session.[113]

2.5 Local Administration

Local administration is divided into three levels, namely:[114]

• Provincial level comprising province and capital city;
• District level comprising city, municipality and metropolis; and
• Village level comprising village.

Under the Constitution, the role of local administration is specified as supervising the management within its local vicinity.[115] The Law on Local Administration No. 68/NA dated 14 December 2015 expands the principles in the Constitution and defines the scope of rights and duties of the local administration as follows:[116]

• To implement the Constitution, law, decree, resolution, order, instruction, decision or the higher authorities, socio-economic development plan and State Budget Plan;
• To research and propose strategic plans, socio-economic development plan, budget plan and national defense and public security plan at local level to the Local People Assembly for consideration;
• To supervise the management of politic, economy, social and culture, national defense and maintenance of peace, natural resource, environment, and other;
• To issue resolution, decision, order, instruction and notification on the protection of economy, social and culture and national defense and the maintenance of peace;
• To monitor the operation of the organization under its supervision;
• To protect citizen, alien, foreigner, and stateless person living and operating under its jurisdiction;
• To engage and coordinate with foreign countries as assigned by the Government;
• To summarize and report on the implementation of its operation, including occasional assessment of local situation;
• To have other rights and perform other obligations according to laws and regulations.

Provinces are governed by governors, cities are governed by governors of cities, districts are governed by mayors, municipalities are governed by chiefs of municipalities and villages are administered by village chiefs.[117] Governors, mayors, chiefs of municipalities and village chiefs have deputies to assist them in their work.[118] The term of office of governors, governors of cities, mayors, chiefs of municipalities is 5 years and the positions cannot hold the position for more than 2 consecutive terms.[119] Local administration shall hold a general meeting once a month, and may convene an extraordinary meeting at the decision of its governor.[120]

A key policy direction on decentralization, Decree No. 9/PMO 2012 known as the Sam Sang Policy (Three-builds), assigns the provinces as strategic units, districts as comprehensively strong units responsible for planning and budget preparation, and villages as development units. The rationale of the Decree is to strengthen Government ownership and accountability in local implementation of national programs, priority development projects and projects covered in the Public Investment Programs (PIP) relative to the local needs and priorities, good governance and socio-economic management of local administration, and improve public service delivery. Recent developments included formulation of rules and mechanisms on village administration and revision of administrative arrangements on empowering local administrative units and decision-making capacity.

2.6 People’s Court

The People’s Courts constitute the judicial branch of the State and consist of:[121]

• People’s Supreme Court;
• Local People’s Courts[122]; and
• Military Courts.

In the event that it is deemed necessary, the National Assembly Standing Committee may decide to establish a special court.[123] This power is endorsed by The Law on People’s Court No. 22/NA dated 10 May 2017 (“Law on People’s Court”) to be exercised through the establishment of Children’s Courts.[124] However, the resolution of the National Assembly for the establishment of Children’s Court has yet been passed.

The Law on People’s Court No. 22/NA dated 10 May 2017 (“Law on People’s Court”) clarifies the provisions in the Constitution on People’s Court. It develops on the same principle that there are 3 levels of court procedure, namely court of first instance, court of appeal, and Supreme Court levels.[125] Using the procedural levels as basis, the Law on People’s Court defines the authorities of People’s Courts as follows:[126]

• District People’s Court is the court of first instance according to the principles and laws;
• Provincial or Capital People’s Court[127] is the court of first instance for cases which exceeds the authorities of the District People’s Court[128], and is the court of appeal for the appeal against the judgment of the District People’s Court;
• Regional People Court is the court of appeal for the appeal against the judgment of Provincial People’s Court, Capital People’s Court or Children’s Court as court of first instance, and acts as the Supreme Court for appeal against judgment on appeal of Provincial or Capital People’s Court;
• People’s Supreme Court acts as the Supreme Court for appeal against judgment on appeal of Regional People Court or other high court.

The Law on People’s Court defines the authorities of the Military Court to be the administration of criminal cases involving military officials, military activities and the offence committed by non-military persons that impacted public securities or military.[129]

The Law on People’s Court also defines rights and duties of the People’s Court to be as follows:[130]

• To educate, mediate dispute and conduct court proceeding;
• To promote and disseminate regulation and law, and investigate and mitigate reason and condition causing the commission of crime;
• To increase political conscience, respect and compliance with law of citizen;
• To coordinate with other organizations, either domestically or in foreign country, in its operation;
• To engage and coordinate with foreign country on justice and law matter under its jurisdiction;
• To summarize and report on the operation and conducting its duty to higher authorities on regular basis.

The People’s Supreme Court is the highest judicial organ of the State.[131] Under the Constitution, the authorities of People’s Supreme Court is specified to be examines and reviews the decisions of the people’s courts and military courts.[132] The Law on People’s Court, however, assigns several rights and duties to The People’s Supreme Court as follows:

• To consider in the Supreme Court level on the legal aspects in cases which were judged by the Regional People’s Court and other high People’s Court in the court of appeal level which were appealed by the litigants or at the proposal of the Public Prosecutor and Military Prosecutor;
• To consider the initiation of retrial process against order, determination, decisions and judgment of courts which has already been effective;
• To advise on court practice and clarify law under its jurisdiction to Local People’s Court and Military Court;
• To advise and monitor the legal compliance and uniformity in the conduct of legal proceeding of Local People’s Court and Military Court;
• To research on the authorities of courts nationwide;
• To compile minutes of the general meeting of judges to ensure the understanding and implementation of all People’s Court and Military Court;
• To direct the research and proposal of draft legislation and regulation, and propose the interpretation of law to the National Assembly Standing Committee;
• To direct and supervise the Regional People’s Court, Provincial People’s Court, Capital People’s Court, Children’s Court and District People’s Court on the implementation, management, and monitoring of the court technical matters;
• To formulate necessary measures on the establishment, improvement and provision of services by court;
• To direct the education of judges, assistance judges, court inspectorate and court staff;
• To monitor the implementation of court operation, research and synthesize court practice, establish court statistic workgroup, conduct court statistic study and engage with other court works;
• To engage and coordinate with foreign countries on justice and law matters;
• To summarize and report on its operation to the National Assembly on regular basis;
• To have other rights and perform other obligations according to law.

The National Assembly Standing Committee appoints, transfers and removes Judges of the People’s Supreme Court; the President, Vice-President and Judges of People’s Courts.[133] The Vice-President of the People’s Supreme Court is appointed or removed by the President of the State.[134] The President of the People’s Supreme Court may only be appointed or removed by the National Assembly.[135]

The People’s Courts make decisions in panels. In their adjudications, judges must be independent and strictly comply with laws[136] and the following principles during court proceedings:[137]

• To ensure the equality of citizen before law and court;
• To ensure the rights of citizens to defend their cases;
• To ensure independence during the court proceeding;
• To respect and comply with the law in the conduct of legal proceeding;
• To ensure the adoption of penal model in court proceedings;
• To use Lao language in court proceedings;
• To guarantee that court proceedings are held at an open venue;
• To respect and comply with the final decision of court.

Cases shall be conducted in open court proceedings except if otherwise provided by laws, such as cases involving national secret or child-related disputes.[138] Representatives of social organizations have the right to take part in court proceedings as provided by laws.[139]

Decisions reached by the People’s Courts, when final, must be respected by parties, State organizations, the Lao Front for National Construction, mass organizations, social organizations and all citizens, and must be implemented by the concerned individuals and organizations.[140]

Nevertheless, court judgments in Lao PDR are not publicly published and it is difficult to get access to past judgments. Also, as a civil law country, court decisions are not a source of law with general application in Lao PDR.[141]

2.7 Office of the Public Prosecutor

The Office of the Public Prosecutor has the duty to monitor the implementation of laws.[142] The Office of the Public Prosecutor consists of:[143]

• Office of the Supreme Public Prosecutor;
• Offices of the Local Public Prosecutor;[144] and
• Office of the Military Prosecutor.

The Constitution does not define the rights and obligations of the Office of the Public Prosecutor. The Law on Prosecutor No. 21/NA dated 10 May 2017 (“Law on Prosecutor”) provides for the Office of the Public Prosecutor to have the following rights and duties:[145]

• To monitor the compliance and implementation of law to ensure the correctness and uniformity of ministry, ministry-level organization, Lao Front for National Construction, public organization, social incorporation, local administration, incorporated entity and citizen. This monitor shall me common monitoring activities;
• To monitor the compliance with law of the investigation organization;
• To investigate a case, in whole or in part, according to law;
• To file cases against defendant in court;
• To monitor the implementation of law in court proceeding;
• To monitor the implementation of final order, determination, decision, and judgment;
• To monitor the implementation of law in detention facility, prison, reeducation institute, reeducation camp, and other place established to enforce sanction imposed by court;
• To monitor the research, proposal and the implementation of the grant of amnesty according to the decree of the President of the State;
• To coordinate with investigation organization, and other crime or offence and law-breaking prevention organization, including the mitigation of reason and conditions causing crime;
• To initiate retrial according to law in case of the discovery of new evidence;
• To have other rights and perform other obligations according to law.

The Constitution defined the scope of the duty of the Office of the Supreme Public Prosecutor, the supreme authority of the Office of the Supreme Public Prosecutor, to be the supervision of the activities of the offices of the Public Prosecutor at all levels.[146] The Law on Prosecutor stretches the rights and duties of the Office of the Supreme Public Prosecutor beyond the Constitution to include the following:[147]

• To monitor the implementation of law across the country;
• To monitor the operation of lower offices of the Public Prosecutor and Office of the Military Prosecutor;
• To advise and explain the content of law under its supervision and provide information and law-related update to lower offices of the Public Prosecutor and Office of the Military Prosecutor;
• To organize and supervise the organization and operation of its Office of the Public Prosecutor and lower offices;
• To create maintenance and development plan for Offices of the Public Prosecutor;
• To research and synthesize the operation of Offices of the Public Prosecutor, and conduct statistic on cases, alleged offender, reeducated person and prisoner across the country;
• To coordinate with relevant sectors in the implementation of its works;
• To engage and coordinate with foreign countries on justice and legal matters;
• To have other rights and perform other obligations according to law.

The Deputy Supreme Public Prosecutor is appointed or removed by the President of the State.[148] Public Prosecutors and Deputy Public Prosecutors in region, province, capital, and district are appointed, transferred or removed by the Supreme Public Prosecutor.[149] The Supreme Public Prosecutor is appointed or removed only by the National Assembly.[150]

2.8 State Audit

State Audit is defined in the Constitution as the conduct of auditing the management of the use of the state budget, finances, assets.[151] The Law on State Audit No. 09/NA dated 11 November 2016 (“Law on State Audit”) redefined the term to be the process for the collection and analyze correct data and principles of the audit target organized by the State Audit Organization to certify the correctness of financial documents, compliance with law, effectiveness of the management, the use of reserved fund of State Budget units, business units and non-profit units.[152] The State Audit Organization consists of State Audit at central level and State Audit at regional level. [153]

The Law on State Audit requires State Audit, which may commission under a plan, upon the submission of a proposal or in case of necessity and urgency,[154] to be conducted through 8 stages:[155]

• To refer to instrument for the issuance of decision to conduct audit;
• To issue the issuance of decision to audit;
• To notify, and accept reply from audit target, the decision to audit;
• To prepare the conduct of audit;
• To conduct audit;
• To summarize audit result;
• To communicate audit result;
• To disclose audit result.

In each State Audit, the President of State Audit is responsible in determining the timeframe for audit which is extendable but shall not exceed 30 days.[156] On the identity of audit target, the Law on State Audit subjects the following entities to the audit jurisdiction of the State Audit Organization:[157]

• State organization, Lao Front for National Construction, public organization, other organization supervising and using State Budget, money and assets;
• Socio-political organization that uses State Budget;
• Department under the military army;
• State investment project which uses internal State Budget, loan capital, financial support or aid, either domestically or from foreign country;
• Bank of Lao PDR, State commercial bank, State enterprise, public-private partnership, public company and construction company in State project;
• Accounting unit based on the approval of the National Assembly Standing Committee or Prime Minister.

Under the Law on State Audit, the rights and obligations of the State Audit Organization are defined to be as follows:[158]

• To conduct audit uniformly according to law to certify the correctness of financial document, the compliance with law and implementation result;
• To research and create draft strategic plan, policy, law, directional plan, standard, and measure relating to audit to propose to the National Assembly Standing Committee for consideration;
• To promote and disseminate strategic plan, policy, law, directional plan, standard, and measure relating to audit;
• To supervise, direct and monitor the implementation of policy, law and standard on audit;
• To create and implement annual audit plan;
• To consider and address the proposal on audit, such as the audit result summary report;
• To create mechanism for the coordination with relevant sectors on conducting audit;
• To connect with data system relating to accounting and financial statistic of audit target through electronic system;
• To monitor audit result report of audit firm which conducts audit on accounting unit as necessary according to the approval of the National Assembly Standing Committee or Prime Minister;
• To propose to ministry, ministry-level organization, province, and capital city to direct audit target under its responsibility to cooperate and comply with the instruction of the State Audit Organization;
• To propose to relevant ministry and ministry-level organization to sanction individual or legal entity under its responsibility who breach financial and accounting disciplines;
• To propose to primary director, director or head of relevant financial supervision organization to adopt measures against unit that break law on the supervision and use of State Budget, money, and asset from audit result;
• To propose to relevant sectors to create and improve regulation that is illegitimate;
• To engage and coordinate with foreign, regional and international entities in relation to the conduct of audit;
• To summarize and report the operation of State Audit Organization annually to the meeting of the National Assembly;
• To summarize and report on audit result on the annual State Budget summary report to the President of the State, National Assembly Standing Committee and Prime Minister, and report to the meeting of the National Assembly;
• To have other rights and perform other obligations according to law.

The President of the State Audit reports the matters of State Audit to National Assembly, Prime Minister and National Assembly Standing Committee.[159] The President of the State appoints, transfer or remove Vice-President of the State Audit base on the recommendation of the President of the State Audit.[160]

3. Sources of Law

The primary source of law is legislation in Lao PDR. There are two types of legislation in Lao PDR: legislation of general application and legislation of specific application.[161]

Legislation of general application consists of:[162]

• Constitution;
• Law;
• Resolution of the National Assembly;
• Resolution of the National Assembly Standing Committee;
• Presidential Decree;
• Decree of the Government;
• Resolution of the Government;
• Order or Decision of the Prime Minister;
• Order, Decision or Guideline of the Minister or head of the organization under the supervision of the Government;
• Order, Decision or Guideline of the Provincial Governor or Mayor;
• Order, Decision or Instruction of the District Governor or Head of Municipality;
• Regulation of the village.

Legislation of specific application includes:[163]

• Presidential Decree on the promulgation of a law;
• Presidential Decree or Decision on granting an award or appointing a person for any position or a specific task;
• Notification.

Jurisprudence is not recognized as a source of law and is not part of the legal system. International treaties and agreements[164] that Lao PDR has ratified also form part of the sources of law. There are no codes in print and no legal journals, however, the following section lists selected online sources of law.

4. Selected Government Websites

• Lao Official Gazette
• National Assembly
• People’s Supreme Court of the Lao PDR (requires log-in)
• Office of Supreme People’s Prosecutor
• Ministry of Justice
• Lao Securities Exchange
• Lao PDR Trade Portal
• Lao Foreign Trade Policy Department, Ministry of Industry and Commerce
• Investment Promotion Department, Ministry of Planning and Investment
• Lao PDR Ministry of Foreign Affairs
• Bank of the Lao PDR
• Ministry of Home Affairs of the Lao PDR

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[1] Central Intelligence Agency, “The World Factbook – East Asia/Southeast Asia – Laos”, updated 5 February 2019.

[2] Ibid; See also King, E.M., and van de Walle, D., “Indigenous Peoples, Poverty and Development”, unpublished, 2010, Chapter 7, p. 2.

[3] Supra No. 1.

[4] Trading Economics, “Laos GDP”.

[5] World Bank Group, “Doing Business 2019 – Laos PDR”, World Bank Group Flagship Report, 16th edition, undated.

[6] See Baird, I.G., and Shoemaker, B., “People, livelihoods and development in the Xekong River Basin,

Laos” (Bangkok: White Lotus Press, 2008).

[7] Baird, I.G., “Different views of history: Shades of irredentism along the Laos–Cambodia border”, Journal of Southeast Asian Studies, 41(2), June 2010, p. 188.

[8] Viravong, S., “History of Laos”, translated from the Laotian by the U.S. Joint Publications Research Service,reprinted by arrangement with Paragon Book Reprint Corp., Paragon Book (New York: Arno Reprint, 1964), pp. 83–85.

[9] Ibid, p.87-100.

[10] Ibid, p. 103.

[11] Ibid, p. 109.

[12] Ivarsson, S., “Creating Laos: The Making of a Lao Space Between Indochina and Siam, 1860-1945”, 1st edition (NIAS Press, 2008) p. 40.

[13] Stuart-Fox, M., “Historical Dictionary of Laos”, 3rd edition (Scarecrow Press, 2008), p. 111 -112.

[14] Preamble, Constitution of the Lao PDR 2015.

[15] Ibid.

[16] Rigg, J., “Living with Transition in Laos: Market Integration in Southeast Asia”, 1st edition, (United Kingdom: Routledge, 2005) p. 22.

[17] See Association of South East Asia Nations, “ASEAN Member State”, undated.

[18] See World Trade Organization, “Lao People’s Democratic Republic and the WTO”, undated.

[19] Mocci, N., “Laos 2016: The 10th Congress of the Lao People’s Revolutionary

Party (LPRP) and its Domestic and International Aftermath”, Journal of the Italian Think Tank on Asia, XXVII, 2016 T., p. 230-232 and 240-241; and Sayalath, S. and Creak, S., “Regime Renewal in Laos: The Tenth Congress of the Lao People’s Revolutionary Party, Regime Renewal in Laos: The Tenth Congress of the Lao People’s Revolutionary Party”, unpublished, p. 23-24.

[20] Preamble, Constitution of the Lao PDR 2015.

[21] Article 3, Constitution of the Lao PDR 2015.

[22] The Government is the executive branch of the Lao PDR. See: Article 69, Constitution of the Lao PDR 2015.

[23] Article 52, Constitution of the Lao PDR 2015; Article 2, Law on National Assembly No. 64/NA dated 9 December 2015.

[24] Article 2, Law on National Assembly No. 64/NA dated 9 December 2015.

[25] Article 54, Constitution of the Lao PDR 2015; Article 6, Law on National Assembly No. 64/NA dated 9 December 2015.

[26] See The National Assembly of Lao PDR, “List of Members by Province”, accessed on 20 February 2019.

[27] Article 53, Constitution of the Lao PDR 2015.

[28] Article 10, Law on National Assembly No. 64/NA dated 9 December 2015.

[29] Article 11, Law on National Assembly No. 64/NA dated 9 December 2015.

[30] Article 12, Law on National Assembly No. 64/NA dated 9 December 2015.

[31] Article 13, Law on National Assembly No. 64/NA dated 9 December 2015.

[32] Article 55, Constitution of the Lao PDR 2015; and Article 32, Law on National Assembly No. 64/NA dated 9 December 2015.

[33] Article 34, Law on National Assembly No. 64/NA dated 9 December 2015.

[34] Article 56, Constitution of the Lao PDR 2015.

[35] Article 33, Law on National Assembly No. 64/NA dated 9 December 2015.

[36] Ibid.

[37] Ibid.

[38] Article 45, Law on National Assembly No. 64/NA dated 9 December 2015.

[39] Article 44, Law on National Assembly No. 64/NA dated 9 December 2015.

[40] Ibid.

[41] Article 58, Law on National Assembly No. 64/NA dated 9 December 2015; Sessions are generally held on June and November of each year.

[42] Article 57, Constitution of the Lao PDR 2015; and Article 58, Law on National Assembly No. 64/NA dated 9 December 2015.

[43] Article 57, Constitution of the Lao PDR 2015; and Article 61, Law on National Assembly No. 64/NA dated 9 December 2015.

[44]. Article 57, Constitution of the Lao PDR 2015; and Article 62, Law on National Assembly No. 64/NA dated 9 December 2015.

[45] Article 62, Law on National Assembly No. 64/NA dated 9 December 2015.

[46] Article 58, Constitution of the Lao PDR 2015; and Article 65, Law on National Assembly No. 64/NA dated 9 December 2015.

[47] Article 54, Constitution of the Lao PDR 2015; and Article 65, Law on National Assembly No. 64/NA dated 9 December 2015.

[48] Article 66 and 68, Constitution of the Lao PDR 2015; and Article 65, Law on National Assembly No. 64/NA dated 9 December 2015.

[49] Article 58, Constitution of the Lao PDR 2015; and Article 65, Law on National Assembly No. 64/NA dated 9 December 2015.

[50] Article 118, Constitution of the Lao PDR 2015; and Article 65, Law on National Assembly No. 64/NA dated 9 December 2015.

[51] Article 2, Law on Law Making No. 19/NA 12 July 2012; Making law includes the amendment of law.

[52] Article 59, Constitution of the Lao PDR 2015.

[53] See Article 2, Law on Lao Front for National Construction No.49/NA dated 20 June 2018; The Lao Front for National Construction is defined as a voluntary political coalition organization of every society, union of political organizations, socio-political organizations, social organizations and individuals representing all classes, ethnic groups, religions, genders, ages and Lao nationals living oversea.

[54] Article 15, Law on National Assembly No. 64/NA dated 9 December 2015.

[55] Ibid.

[56] Article 19. Law on Law Making No. 19/NA 12 July 2012.

[57] Article 16, Law on National Assembly No. 64/NA dated 9 December 2015.

[58] Ibid.

[59] Article 80, Law on Law Making No. 19/NA 12 July 2012.

[60] Ibid.

[61] Ibid.

[62] Article 81, Law on Law Making No. 19/NA 12 July 2012.

[63] Article 65, Constitution of the Lao PDR 2015.

[64] Article 66, Constitution of the Lao PDR 2015; and Article 65, Law on National Assembly No. 64/NA dated 9 December 2015.

[65] Article 66, Constitution of the Lao PDR 2015.

[66] Article 67, Constitution of the Lao PDR 2015.

[67] Article 68, Constitution of the Lao PDR 2015.

[68] Article 69, Constitution of the Lao PDR 2015.

[69] Article 71, Constitution of the Lao PDR 2015; and Article 8, Law on Government of Lao PDR No. 04/NA dated 8 December 2016.

[70] Ibid.

[71] Article 71, Constitution of the Lao PDR 2015; and Article 10, Law on Government of Lao PDR No. 04/NA dated 8 December 2016.

[72] Article 70, Constitution of the Lao PDR 2015.

[73] Article 5, Law on Government of Lao PDR No. 04/NA dated 8 December 2016.

[74] Article 72, Constitution of the Lao PDR 2015; and Article 5, Law on Government of Lao PDR No. 04/NA dated 8 December 2016.

[75] Article 72, Constitution of the Lao PDR 2015.

[76] Article 6, Law on Government of Lao PDR No. 04/NA dated 8 December 2016.

[77] Article 70, Constitution of the Lao PDR 2015.

[78] The term of office of the Deputy Prime Minister depends on the Prime Minister and party directives.

[79] Article 73, Constitution of the Lao PDR 2015; and Article 7, Law on Government of Lao PDR No. 04/NA dated 8 December 2016.

[80] Ibid.

[81] Article 7, Law on Government of Lao PDR No. 04/NA dated 8 December 2016.

[82] Article 23, Law on Government of Lao PDR No. 04/NA dated 8 December 2016.

[83] Ibid.

[84] Article 24, Law on Government of Lao PDR No. 04/NA dated 8 December 2016.

[85] Article 12, Law on National Assembly No. 64/NA dated 9 December 2015.

[86] Article 75, Constitution of the Lao PDR 2015.

[87] Ibid.

[88] Article 2, Law on People Assembly of Provincial No. 65/NA dated 10 December 2015.

[89] Article 76, Constitution of the Lao PDR 2015.

[90] Ibid.

[91] Ibid.

[92] Article 6, Law on People Assembly of Provincial No. 65/NA dated 10 December 2015.

[93] Ibid.

[94] Ibid.

[95] Ibid.

[96] Article 77, Constitution of the Lao PDR 2015.

[97] Article 11, Law on People Assembly of Provincial No. 65/NA dated 10 December 2015.

[98] Article 12, Law on People Assembly of Provincial No. 65/NA dated 10 December 2015.

[99] Article 13, Law on People Assembly of Provincial No. 65/NA dated 10 December 2015.

[100] Article 78, Constitution of the Lao PDR 2015; and Article 35, Law on People Assembly of Provincial No. 65/NA dated 10 December 2015.

[101] Article 78, Constitution of the Lao PDR 2015; and Article 37, Law on People Assembly of Provincial No. 65/NA dated 10 December 2015.

[102] Article 79, Constitution of the Lao PDR 2015.

[103] Article 36, Law on People Assembly of Provincial No. 65/NA dated 10 December 2015.

[104] Ibid.

[105] Ibid.

[106] Article 44, Law on People Assembly of Provincial No. 65/NA dated 10 December 2015.

[107] Ibid.

[108] Sessions are generally held on June and November of each year.

[109] Article 80, Constitution of the Lao PDR 2015; and Article 58, Law on People Assembly of Provincial No. 65/NA dated 10 December 2015.

[110] Article 80, Constitution of the Lao PDR 2015; and Article 61, Law on People Assembly of Provincial No. 65/NA dated 10 December 2015.

[111] Article 80, Constitution of the Lao PDR 2015; and Article 62, Law on People Assembly of Provincial No. 65/NA dated 10 December 2015.

[112] Article 62, Law on People Assembly of Provincial No. 65/NA dated 10 December 2015.

[113] Article 81, Constitution of the Lao PDR 2015; and Article 65, Law on People Assembly of Provincial No. 65/NA dated 10 December 2015.

[114] Article 85, Constitution of the Lao PDR 2015; and Article 2, Law on Local Administration No. 68/NA dated 14 December 2015.

[115] Article 86, Constitution of the Lao PDR 2015.

[116] Article 6, Law on Local Administration No. 68/NA dated 14 December 2015.

[117] Article 86, Constitution of the Lao PDR 2015; and Article 4, Law on Local Administration No. 68/NA dated 14 December 2015.

[118] Article 86, Constitution of the Lao PDR 2015.

[119] Article 86, Constitution of the Lao PDR 2015; and Article 18,38, 55, 72 and 85, Law on Local Administration No. 68/NA dated 14 December 2015.

[120] 22, 42, 59, 76, and 89, Law on Local Administration No. 68/NA dated 14 December 2015.

[121] Article 90, Constitution of the Lao PDR 2015; and Article 2, Law on People’s Court No. 22/NA dated 10 May 2017.

[122] The Constitution does not provide the definition of People’s Local Courts. Article 19, Law on People’s Court No. 22/NA dated 10 May 2017, however states that District People’s Court, Provincial People’s Court, Capital People’s Court, People’s Regional Court, and Children’s Court are Local People’s Court.

[123] Article 90, Constitution of the Lao PDR 2015.

[124] Article 24, , Law on People’s Court No. 22/NA dated 10 May 2017.

[125] Article 5, Law on People’s Court No. 22/NA dated 10 May 2017.

[126] Article 5 and 19, Law on People’s Court No. 22/NA dated 10 May 2017.

[127] The reference to Provincial and Capital People’s Court includes Provincial People’s Court, Capital People’s Court and Children’s Court; See Article 24, Law on People’s Court No. 22/NA dated 10 May 2017.

[128] District People’s Court may act as court of first instance only in civil cases of value no exceeding 300,000,000 LAK, and family cases, in criminal cases with the highest imprisonment penalty not exceeding 3 years with exception of the case of child offender; and other cases as specified in other law; See Article 27, Law on People’s Court No. 22/NA dated 10 May 2017.

[129] Article 30, Law on People’s Court No. 22/NA dated 10 May 2017.

[130] Article 18, Law on People’s Court No. 22/NA dated 10 May 2017.

[131] Article 92, Constitution of the Lao PDR 2015; and Article 20, Law on People’s Court No. 22/NA dated 10 May 2017.

[132] Ibid.

[133] Article 93, Constitution of the Lao PDR 2015; and Article 33, Law on National Assembly No. 64/NA dated 9 December 2015.

[134] Article 67 and 93, Constitution of the Lao PDR 2015.

[135] Article 12, Law on National Assembly No. 64/NA dated 9 December 2015.

[136] Article 94, Constitution of the Lao PDR 2015.

[137] Article 8, Law on People’s Court No. 22/NA dated 10 May 2017.

[138] Article 95, Constitution of the Lao PDR 2015; and Article 15, Law on People’s Court No. 22/NA dated 10 May 2017.

[139] Article 97, Constitution of the Lao PDR 2015.

[140] Article 98, Constitution of the Lao PDR 2015; and Article 16, Law on People’s Court No. 22/NA dated 10 May 2017.

[141] Article 4, Law on Law Making No. 19/NA 12 July 2012.

[142] Article 99, Constitution of the Lao PDR 2015; and Article 2, Law on Prosecutor No. 21/NA dated 10 May 2017.

[143] Article 100, Constitution of the Lao PDR 2015; and Article 11, Law on Prosecutor No. 21/NA dated 10 May 2017.

[144] The Constitution does not provide the definition of Offices of the Local Public Prosecutor. Pursuant to Law on Prosecutor No. 21/NA dated 10 May 2017 provided that the Office of the Regional Public Prosecutor, Office of the Public Prosecutor at provincial, capital, and Office of the Area Public Prosecutor are Offices of the Local Public Prosecutor.

[145] Article 10, Law on Prosecutor No. 21/NA dated 10 May 2017.

[146] Article 101, Constitution of the Lao PDR 2015.

[147] Article 13, Law on Prosecutor No. 21/NA dated 10 May 2017.

[148] Article 67 and 102, Constitution of the Lao PDR 2015.

[149] Article 102, Constitution of the Lao PDR 2015.; and Article 26, Law on Prosecutor No. 21/NA dated 10 May 2017.

[150] Article 11, Law on Prosecutor No. 21/NA dated 10 May 2017; and Article 12, Law on National Assembly No. 64/NA dated 9 December 2015.

[151] Article 104, Constitution of the Lao PDR 2015.

[152] Article 2, Law on State Audit No. 09/NA dated 11 November 2016.

[153] Article 105, Constitution of the Lao PDR 2015; and Article 30, Law on State Audit No. 09/NA dated 11 November 2016.

[154] Article 21, Law on State Audit No. 09/NA dated 11 November 2016.

[155] Article 10-18, Law on State Audit No. 09/NA dated 11 November 2016.

[156] Article 27, Law on State Audit No. 09/NA dated 11 November 2016.

[157] Article 26, Law on State Audit No. 09/NA dated 11 November 2016.

[158] Article 32, Law on State Audit No. 09/NA dated 11 November 2016.

[159] Article 106, Constitution of the Lao PDR 2015.

[160] Article 67 and 106, Constitution of the Lao PDR 2015.

[161] Article 3, Law on Law Making No. 19/NA 12 July 2012.

[162] Article 4, Law on Law Making No. 19/NA 12 July 2012.

[163] Article 5, Law on Law Making No. 19/NA 12 July 2012.

[164] See i.e. World Intellectual Property Organization, “Lao People’s Democratic Republic – Treaty membership”, WIPO Lex; and United Nation, UN Depositary Notifications, United National Treaty Collection – in the Participant field, search for Laos and/or Lao People’ Democratic Republic.