• Text size  | | |
• Email this document
• Printable version

Constitution of the Lao People's Democratic Republic

Introduction

It has been several millenniums that the Lao pluriethnical people has been living and developing on this beloved land. For more than six centuries, in the period of king Fa Ngum, our ancestors have established the unified Kingdom of Lan Xang and brought it to the light of a brilliant civilization.

Since the 18th century, the Lao territory has been continuously coveted and attacked by external forces. Our people have developed their ancestors’ tradition of valiance and non-surrender and have thoroughly and firmly struggled to recover their independence and freedom.

During the last more than 60 years, under the judicious leadership of the Indochinese Communist Party in the past and of the Lao People’s Revolutionary Party in the present, the Lao pluriethnical people has waged a stout struggle filled with hardship and sacrifice until they succeeded in destroying the yoke of domination and exploitation maintained by the colonialists and the feudalists: the country was completely liberated and the Lao People’s Democratic Republic established in December 2, 1975, which opened a new era, the era of a genuinely independent country and free people.

In the last years, our people has endeavored to implement two strategic tasks, such as national defense and construction, yielding satisfactory initial results.

In this new period of time, social life has required the State to establish a Constitution belonging to the people’s democratic regime of our country. It recognizes the great achievements realized by our people in the cause of national liberation and construction. It provides for the political, socioeconomic systems, the basic rights and obligations of the citizens and the organizational system of the State in this new period of time. This is the first time in the history of our nation that the people’s right of mastership has been mentioned in the nation’s fundamental law.

This Constitution is the fruit of a process of open discussion among the people throughout the country, which reflects the long term intentions and the firm decision of the national community to commonly endeavor until the goal of building the Lao nation into a county of peace, independence, democracy, unity and prosperity.

Section I Political system

Article 1:

The Lao People’s Democratic Republic is an independent, sovereign country with territorial, including water and air, integrity, and the unified country of inseparable ethnics.

Article 2:

The State of the Lao People’s Democratic Republic is a people’s democratic state. All authority is vested upon the people, by the people and for the interest of the pluriethnical people which is composed of the various social strata headed by the workers, farmers and intelligentsia.

Article 3:

The pluiethnical people’s right of mastership over the nation has been implemented and ensured through the political system which core is the Lao People’s Revolutionary Party.

Article 4:

The National assembly is the people’s representative body. The election of deputies to the National assembly complies to the general principles, takes place on the basis of equality, directly and by secret ballot. Voters have the right to suggest the removal of their deputies if they are seen as dishonoring and lacking confidence from the people.

Article 5:

The National Assembly and all state organizations are established and operating in conformity with the principle of democratic centralization.

Article 6:

The State protects the people’s undisputable rights of liberty and democracy. All state organizations and officers must propagate the policies, regulations and laws to the people and commonly organize, and implement them in view of ensuring the people’s legitimate rights and interests, avoiding all acts of bureaucracy and threat susceptible of damaging the people’s honor, physic, life, spirit and belongings.

Article 7:

The Lao Front for National Construction, the Lao Trade Union Federation, the Lao People’s Revolutionary Youth, the Lao Women’s Union and social organizations raise the solidarity and mobilize all pluriethnical social strata to participate in the cause of national defense and construction, the development of the people’s right of mastership, the protection of their members’ legitimate rights and interests.

Article 8:

The State implements the policy of solidarity and equality between the various ethnics. All ethnics have the right to preserve, develop their fine ethnic and national customs, traditions and culture, to avoid all act of ethnic segregation and differentiation.

The State implements all measures to continuously develop and raise all ethnics socio-economic level.

Article 9:

The State respects and protects the legal activities of buddhists and other laymen mobilizing and encouraging monks and novitiates and ordained priests of other religions to participate in the activities of interest for the nation and the people, avoiding all acts of professional and social segregation.

Article 10:

The State manages the society through the Constitution and the laws. All mass, social organizations and citizens must act within the scope of the constitution and the laws.

Article 11:

The State implements the policy of overall national defense and order. The national defense and order forces must raise their loyalty towards the nation and the people, implement their duty in safeguarding the revolution’s gains, in preserving the people’s life, assets and labor, in participating to the cause of national development.

Article 12:

The Lao People’s Democratic Republic implements the foreign policy of peace, independence, friendship and cooperation, development of relations and cooperation with all countries on the basis of peaceful co-existence. It respects the principle of independence, sovereignty, territorial integrity, non-interference in internal affairs, equality and mutual benefit.

The Lao People’s Democratic Republic supports the struggle of the peoples in the world for peace, national independence, democracy and social progress.

Section II Socio-economic system

Article 13:

The economic system in the Lao People’s democratic Republic is based on the multisectoral economy which goal is to relentlessly develop the production and the circulation of commodities, convert the subsistence economy to the market economy, bringing further development of the national economic basis and upgrading the pluriethnical people’s material and spiritual living conditions.

Article 14:

The State protects and develops the forms of state, collective, individual, domestic private properties and foreign investors’ property in the Lao People’s Democratic Republic.

The State promotes all economic sectors competing and cooperating for the development of production and business, which are all equal in front of the laws.

Article 15:

The State protects the right of property (occupation, usage, transfer rights) and the right of succession of assets belonging to organizations and individuals. In the case of land which is the property of the national community, the State ensures the right of use, transfer and succession in conformity with the laws.

Article 16:

The economic management is regulated by the State’s adjusted market economic mechanisms, complies to the principle of combination of central sectors’ unified centralized management with rational division of management responsibilities to the localities.

Article 17:

All organizations and individuals must safeguard the environment and natural resources exiting on the surface and under the land, forests, animals, water sources and air.

Article 18:

The State promotes and recommends the development of external economic relations in various forms based on the principle of respect for independence, sovereignty, equality and mutual benefit.

Article 19:

The State encourages the educational development in connection with the establishment of the new generations of good citizens. Educational, cultural and scientific activities aim at raising the level of knowledge, the spirit of patriotism, attachment towards the people’s democratic system, the spirit of ethnic solidarity and concord, the conscience of national mastership. It implements a compulsory primary education system. It authorizes the establishment of private schools complying to state programs. The State and the people combine their efforts in the construction of schools of all levels, turning the education into an integrated system. Education is given importance in ethnically dominant regions.

The State develops the nation’s fine cultural traditions in combination with the world progressive culture, restraining all negative ideological and cultural phenomenons. It promotes cultural, artistic, literature and press activities, including in mountainous regions. Antiques and sites of worship of national value are protected.

Article 20:

The State emphasizes on public health development, and authorizes the private sector to extend medical services in conformity with the regulations issued by the State.

The State promotes the development of sports and tourism, takes care of invalid veterans, deceased heroes and meritorious individuals towards the nation and retired officials.

The State emphasizes on the implementation of policies towards mothers and children.

Section III Rights and obligations of citizens

Article 21:

The Lao population have the right to hold Lao citizenship as provided by the laws.

Article 22:

The Lao citizens without differentiation by gender, social status, education level, belief and ethnic are all equal in front of the law.

Article 23:

Lao citizens, from the age of 18, have the right to vote and, from the age of 21, the right to present their candidature to elections, except for mentally disabled persons and persons having forfeited their rights of election and candidacy by court decisions.

Article 24:

Male and female citizens have equal political, economic, cultural, social and family rights.

Article 25:

Lao citizens have the right to education.

Article 26:

Lao citizens have the right to work and have an occupation non contradictory to the laws. The workers have the right to rest, to receive medical treatment when ill, to receive assistance in the incapacity to work, invalidity, old age and other cases as provided by the laws.

Article 27:

Lao citizens have the free right of settlement and travel as provided by the laws.

Article 28:

Lao citizens have the right to lodge complaints, protests and suggestions to relevant state organizations in relation with matters pertaining to their common and specific rights and interests.

Protests, claims and views presented by the people must be given consideration and solutions as provided by the laws.

Article 29:

Lao citizens have the undisputable corporal and real immunity right. Lao citizens will not be arrested or searched without decision or authorization of authoritative organizations, except in cases provided by the laws.

Article 30:

Lao citizens have the free right to believe or not to believe in religions.

Article 31:

Lao citizens have the free right of speech, writing, assembling, organizing associations and conduct demonstrations non contradictory to the laws.

Article 32:

Lao citizens have the free right to conduct research and make use of scientific, technical and technological progress, to create arts and literature and conduct cultural activities not in contradiction with laws and regulations.

Article 33:

The State protects the legal rights and interests of overseas Lao citizens.

Article 34:

Lao citizens have the obligation to respect the Constitution and the laws, to implement the work code, social regulations and national order.

Article 35:

Lao citizens have the obligation s to pay taxes and customs in compliance to laws and regulations.

Article 36:

Lao citizens have the obligation to safeguard the fatherland and protect order, to enroll in military draft as provided by the laws.

Article 37:

Expatriates and apatrids receive protection of rights and freedom as provided by the laws of the Lao People’s Democratic Republic; they have the right to lodge complaints to the court or other relevant organizations of the Lao People’s Democratic Republic; they have the obligation to respect the Constitution, regulations and laws of the Lao people’s Democratic Republic.

Article 38:

The Lao People’s Democratic Republic authorizes asylum to oppresses foreigners struggling for freedom, justice, peace and scientific causes.

Section IV National Assembly

Article 39:

The National Assembly is a juridic organ having the right of decision over fundamentals matters of the country, while monitoring and controlling the activities of the administration and judiciary.

Article 40:

The National Assembly has the following rights and obligations:

1.         Establish, approve or amend the Constitution;

2.         Consider the approval, amendment or abrogation of laws;

3.         Determine, amend or abrogate taxes and duties;

4.         Consider the adoption of strategic socio-economic development plans and state budget;

5.         Elect or remove the President or Vice President of the Republic at the request of the Standing Committee of the National Assembly;

6.         Consider the adoption of the nomination or dissolution of the Government at the request of the President of the Republic;

7.         Elect or remove the President of the Supreme Court and the Public prosecutor at the request of the Standing Committee of the National Assembly;

8.         Decide the establishment or dissolution of ministries, organizations with equal ranking to ministries, provinces and prefecture; decide the territory of provinces and municipalities at the request of the prime Minister;

9.         Decide amnesty;

10.       Decide the ratification or abrogation of international treaties and agreements in conformity with international laws and regulations;

11.       Decide on matters of war and peace;

12.       Monitor the respect of the Constitution and laws;

13.       Other rights and duties as provided by the laws.

Article 41:

Deputies of the National Assembly are elected by Lao citizens according to regulations provided by the laws.

The National Assembly has a term of 5 years.

The election of the new National Assembly must be completed at the latest not less than 2 months before the former National Assembly reaches the end of its term.

In case of war or because of other acts causing difficulties to the elections, the National Assembly may extend its term, but must conduct the election of the new National assembly at the latest not less than 6 months after the normalization of the situation.

Article 42:

The National Assembly elects its Standing Committee comprising the Chairman, the deputy chairman and a number of members.

The chairman and deputy chairman of the National Assembly are also the chairman and deputy chairman of the Standing Committee of the National Assembly.

Article 43:

The National Assembly holds its normal meeting twice a year as convened by the Standing Committee.

The Standing Committee of the National Assembly may convene an extraordinary meeting if deemed necessary.

Article 44:

The meetings of the National Assembly may only take place as more than half of the total number of deputies at the National Assembly are participating.

Resolutions adopted at the meetings of the National Assembly may only have value of force by simple majority of deputies participating to the meeting, except in cases mentioned in Article 54 and Article 80 of the Constitution.

Article 45:

Organizations and individuals entitles to present draft laws include:

1.         President of the Republic;

2.         The Standing Committee of the National Assembly;

3.         The Government;

4.         The Supreme Court;

5.         The Public prosecutor;

6.         Central mass organizations.

Article 46:

Laws adopted by the National Assembly must be promulgated by the President of the Republic within not less than 30 days. Within this period of time, the President of the Republic has the right to request reconsideration of the matter by the National Assembly. If the National Assembly reconfirms its initial position, the President of the Republic must promulgate the law within 15 days.

Article 47:

Matters pertaining to the nation’s destiny and the deep interests of the people must be submitted to the National Assembly Standing Committee between two sessions of the National Assembly.

Article 48:

The National Assembly Standing Committee has the following rights and obligations:

1.         Prepare the National Assembly’s meetings and ensure the implementation of the defined tasks by the National Assembly.

2.         Interpret and explain the Constitution and laws;

3.         Supervise the activities of administrative and judiciary organizations when the National Assembly is not meeting.

4.         Call meetings of the National Assembly;

5.         Other rights and obligations as provided by the laws.

Article 49:

The National Assembly establishes its commissions entrusted to consider draft laws, the draft Constitution and… and submit them to the National Assembly Standing Committee and the President of the Republic, and assisting the National Assembly and the National Assembly Standing Committee in implementing its right of control over the activities of the executive and judiciary.

Article 50:

Deputies to the National Assembly have the right to interrogate the Government or its members, the President of the Supreme people’s Court and the Supreme Public prosecutor.

Investigated organizations or individuals must answer at the meeting of the National Assembly in words or in writing.

Article 51:

The Deputies to the National Assembly will not be subject to court indictment or arrest, without approval from the National Assembly or from the National Assembly Standing Committee within two sessions of the National Assembly.

In case of an urgent offence, the organizations arresting deputies to the National Assembly must report immediately to the National Assembly or to the National Assembly Standing Committee within two sessions of the National Assembly for consideration and approval. Investigation will not cause the investigated deputies to miss sessions of the National Assembly.

Section V The President of the Republic

Article 52:

The President is the head of state of the Lao People’s Democratic Republic and represents the pluriethnical Lao people in the country and overseas.

Article 53:

The President has the following rights and obligations:

1.         Promulgate the Constitution and laws adopted by the Supreme Assembly;

2.         Issue decrees and provisions at the request of the National Assembly Standing Committee;

3.         Designate or remove the prime Minister and members of the government after approval or motion of non confidence by the National Assembly;

4.         Designate, remove or dismiss province governors, mayors at the request of the Prime Minister;

5.         Approve the promotion or degradation of generals of the national armed forces and security at the request of the Prime Minister;

6.         Acts as commander-in-chief of the People’s Armed Forces;

7.         Acts as Chairman of government meetings when deemed necessary;

8.         Approve the award the National Golden Order, the honor Order, the Victory Order and honors.

9.         Approve amnesty;

10.       Decide total or partial mobilization, national or regional state of emergency;

11.       Promulgate the ratification or abrogation of all international treaties and agreements;

12.       Designate or call back the plenipotentiary representatives of the Lao People’s Democratic Republic abroad, approve the foreign plenipotentiary representatives to the Lao People’s Democratic Republic;

13.       Other rights and obligations provided by the laws.

Article 54:

The President of the Republic is elected by the National Assembly with two third of the vote of the deputies to the National Assembly participating to the session.

The Presidency has a term of 5 years.

Article 55:

The President of the Republic may have a Vice President to assist him or act on his behalf when absent.

The Vice President is elected by the national Assembly through more than half of the votes of deputies participating to the session of the National Assembly.

Section VI The Government

Article 56:

The Government is the state administrative organ.

The Government manages unanimously the implementation of state obligations in all fields: political, economic, socio-cultural, defense, security and foreign policy.

Article 57:

The rights and obligations of the Government are:

1.         Implement the Constitution, laws and decrees of the National Assembly, presidential provisions and decrees.

2.         Present draft laws to the National Assembly, draft presidential provisions and decrees to the President;

3.         Establish and present strategic socio-economic development plans and annual state budget plans for the National Assembly’s consideration and approval;

4.         Issue decrees and resolutions on the management of socio-economic, sciences-technical matters, defense, security and foreign policy;

5.         Organize, direct and control the activities of the sectoral management and local administrative authorities;

6.         Organize and control the activities of the national defense and security forces;

7.         Sign international treaties, agreements and direct the implementation of signed treaties and agreements;

8.         Suspend the implementation or abrogate law transgressing agreements and instructions of ministries, equal authorities, organs under the supervisions of the Government and local administrative authorities;

9.         Other rights and obligations as provided by the law.

Article 58:

The Government is composed of the Prime Minister, the Deputy Prime Ministers, ministers and chairmen of committees holding equal status to the ministries.

The term of the Government is 5 years.

Article 59:

The prime Minister is nominated by the President with the approval of the National Assembly.

Article 60:

The Prime Minister is the head of the Government; he directs and supervise the Government’s activities, acts on behalf of the Government in directing the activities of ministries, ministerial status organs and others submitted to the Government’s management, directs the activities of provincial Governors and Mayors.

The Prime Minister designates the vice ministers, the deputy chairmen of committees with ministerial status, the deputy governors and deputy mayors.

The Deputy Prime Ministers assist the Prime Minister. The Prime Minister may assign a Deputy Prime Minister to act on his behalf during his absence.

Article 61:

The National Assembly may cast a motion of distrust on the Government or an individual within the Government if suggested by the National Assembly Standing Committee or one fourth of all the deputies to the National Assembly.

Within 24 hours after the National Assembly has casted a motion of distrust on the Government, the President has the right to present the matter to the National Assembly for re-consideration. This reconsideration must take place 48 hours after the first one, and the Government will have to resign if the new resolution still maintains the first one.

Section VII Local administration

Article 62:

The Lao People’s Democratic Republic is divided into provinces, municipality, districts and villages.

The provinces and municipality are directed by governors, mayors, the districts by district chiefs and the villages by village heads. The governors and mayors are assisted by deputy governors and deputy mayors. District chiefs have deputy district chiefs to assist them, and heads of highly populated villages are assisted by deputy village heads.

Article 63:

Governors, mayors, district chiefs have the following rights and obligations:

1.         Ensure the implementation of the Constitution and laws, organize the strict implementation of instructions issued by superior authorities.

2.         Direct and control the activities of all sectors, all levels under their authority.

3.         Suspend the implementation or abrogate agreements of all sectors of their own level or of lower levels which are contrary to regulations and laws.

4.         Consider and solve the people’s requests and petitions within their authority as provided by the laws.

Article 64:

Village heads have the responsibility to organize the implementation of all regulations, laws and instructions of the state, to preserve security and orderliness of the villages, to firmly develop the villages in all aspects.

Section VIII Judiciary

A. People’s Court

Article 65:

The People’s Court is a state judicial body composed of the People’s Supreme Court, the Provincial, municipal People’s Court, the district people’s Court and Military courts.

Article 66:

The People’s Supreme Court is the highest judicial body of the State.

The People’s Supreme court controls the decisions rendered by local People’s Court and military court.

Article 67:

The Deputy Chairman of the People’s Supreme Court and judges of the People’s Court at all levels are designated or removed by the National Assembly Standing Committee.

Article 68:

The People’s Court renders collective consideration and decisions. When rendering decisions, judges must be independent and abide solely to the laws.

Article 69:

Case investigation at the court must take place openly, except in cases determined by the laws. The defendants have the right to defend themselves when accused, and the Board of Attorneys have the right to extend legal assistance to the defendants.

Article 70:

Representatives of social organizations have the right to participate to court procedures has provided by the laws.

Article 71:

Legally effective decisions rendered by the People’s Court must be respected by all party, state, social organizations and all citizens; and strictly implemented by concerned individuals and organizations.

B. Public Prosecution

Article 72:

The Public prosecution is composed of the Superior Public Prosecution, the provincial, municipal, district and military Public Prosecutions.

The Public Prosecution has the following rights and obligations:

1.         Control the judicious and unanimous respect of laws in all ministries, organs relevant to the state, social organizations, local administrative authorities, enterprises, civil servants and citizens.

2.         Exercise the right to lodge accusations.

Article 73:

The Superior Public Prosecutor directs the activities of the Public prosecutions of the Lao People’s Democratic Republic.

The Deputy Superior Public prosecutor is designated or destituted by the National Assembly Standing Committee.

Provincial, municipal, district and military public prosecutors are designated or destituted by the Superior Public Prosecutor.

Article 74:

During the performance of its duty, the Public Prosecutions must solely abide by the laws and instructions of the Superior Public Prosecutor.

Section IX Language, Letters, National Emblem, National Flag, National Anthem, and Capital

Article 75:

The Lao language and letters are the official language and letters.

Article 76:

The national emblem of the Lao People’s Democratic Republic is a circle in which lower part is depicted half a machine and a red ribbon where Lao People’s Democratic Republic is written, and on both sides are rice ears in the form of a moon and a red ribbon where Peace Independence Unity and Prosperity is inscribed, and between the rice ears are drawn a road, fields, forests and a hydro-electricity dam in a circle.

Article 77:

The National flag of the Lao People’s Democratic Republic has dark blue background with red bordering strips and a white moon. The width of the flag is two third its length. Both bordering strips are equal to half the dark blue strip and the white moon’s width is equal to four fifth of the dark blue strip.

Article 78:

The National anthem of the Lao People’s Democratic Republic is the Lao national anthem.

Article 79:

The Capital of the Lao People’s Democratic Republic is Vientiane.

Section X Final provisions

Article 80:

Only the sessions of the National Assembly of the Lao People’s Democratic Republic has the right to amend the Constitution.

Amendment of the Constitution must be approved by at least two thirds of the total number of deputies to the National Assembly.

This Constitution has been unanimously adopted at the 6th session of the People’s Supreme Assembly (II Legislation) on August 14, 1991, at 16 hours 40 minutes.

 

Chairman of the People’s Supreme Assembly Signed and sealed
Nouhak Phoumsavan

Topics: Constitutional law,