LAO PEOPLE'S
DEMOCRATIC REPUBLIC
PEACE
__________
President’s
Office No.
60/PO
DECREE
of the
PRESIDENT
of the
LAO PEOPLE’S
DEMOCRATIC REPUBLIC
on the
Promulgation of the Law on Local Administration
Pursuant to Chapter VI, Article 67, paragraph 1 of
the Constitution of Lao People’s Democratic Republic on the promulgation of the
Constitution and of laws that have been adopted by the National Assembly;
Pursuant to the Resolution No. 47/NA, dated 21 October
2003, of the National Assembly of the Lao People Democratic Republic, on the
adoption of the Law on Local Administration; and
Pursuant to the Letter of Proposal No. 23/SC, dated
27 October 2003, of the Standing Committee of the National Assembly.
The President
of the Lao People Democratic Republic
Decrees That:
Article 1. The Law on Local Administration is hereby promulgated.
Article 2. This decree shall enter into force on the date it is signed.
President of the Lao People’s Democratic Republic
[Seal & Signature]
Khamtay
SIPHANDONE
LAO PEOPLE’S
DEMOCRATIC REPUBLIC
PEACE
__________
National
Assembly No.
47/NA
21 October 2003
Law on Local Administration
of
the Lao People’s Democratic Republic
Part I
General
Provisions
Article 1. Objectives of the Law on Local
Administration
The Law on Local
Administration outlines the basic principles concerning the organisation,
[functions and operational procedures][1]
of local administrations[2]
with the aim to improve and establish strong, transparent, unified and
systematic local administration throughout the country, to ensure the effective
implementation of the Constitution, laws, socio-economic development [plans]
and State budget plans, and to protect the legitimate rights and benefits of
the State and the people.
Article 2. Local Administration
Local administration [refers
to] the State administration at the local level. There are three levels of
local administration in the Lao People’s Democratic Republic: provincial,
district and village levels.
At the provincial level,
there are provinces, cities and, if required, a special zone;
At the district level, there
are districts and municipalities;
At the village level, there
are villages.
The government delegates[3]
responsibility to the local administration authorities to manage the territory,
natural resources and population in order to preserve and develop into a
modern, civil and prosperous society.
Article 3. Location and
Overall Role of Local Administration
The local administration’s
role is to represent the locality and be responsible to the government for
administering [the following matters within the locality]: political,
socio-economic and cultural affairs; human resource management; the
utilisation, preservation, and protection of natural resources, the environment
and other resources; national and local defence and security; and other
responsibilities relating to foreign relations as assigned by the government.[4]
The head of the provincial
administration is the governor. The head of the city is the mayor. The head of
the district is the chief of district. The head of the municipality is the
chief of municipality.[5]
The head of the village is the village head.[6]
Article 4. Authority and
Duties of Local Administration
The authority and duties of
[each] local administration are:
1. To implement the
Constitution, laws, resolutions, orders, socio-economic development plans and
State budget plans within its area of responsibility;
2. To prepare a strategic plan
incorporating socio-economic development plans, State budget plans and defence
and security plans based on national strategic plans;
3. To manage political,
socio-economic and cultural affairs, natural resources, the environment and
national defence and security;
4. To issue resolutions,
decisions, orders, instructions and notifications regarding socio-economic and
cultural management, and national defence and security within its area of
responsibility in accordance with the laws and regulations;
5. To supervise the performance
of the organisations[7]
under its responsibility;
6. To collaborate and cooperate
with foreign countries as assigned by the government; [and]
7. To exercise such other
rights and perform such other duties as provided by the laws.
Article 5. Organisation
Principles and Functions of Local Administration
The organisation, functions
and operational procedures of the local administrations are implemented in
accordance with the principle of democratic centralism, [with devolution of
responsibility to the local administration level][8],
which divides responsibility among management levels. The village level reports
to the district level, the district level reports to the provincial level and
the provincial level reports to the government under the guidance and
responsibility of the party committee[9]
based on the Constitution and the laws.
Each local administration is
authorised to conduct meetings to discuss and decide important local issues.
Part II
Provincial and City Administrations
Chapter 1
Location, Role, Functions and Organisational Structure
Article 6. The Province
and the City
The province is a local
[administrative territory] comprising several districts and municipalities.
The city is a local
[administrative territory] comprising larger urban communities and several
municipalities. It is the centre of political, economic, cultural and social
services and activities that influence the socio-economic development of the
country. Vientiane Capital City consists of several districts and
municipalities.
Article 7. Roles and Functions of Provincial and
City Administrations
Provincial
[administrations] and city administrations have the [following] roles,
functions and operational procedures: to manage political, economic, [and]
socio-cultural affairs and human resources; to protect, preserve and utilise
natural resources, the environment and other resources; and to manage national
and local defence and security, and foreign affairs as assigned by the
government.[10]
Article 8. Organisational
Structure and Personnel of Provincial and City Administrations
The organisational structure
of each provincial or city administration comprises:
·
The provincial or city cabinet; [and]
·
The local divisions of the line ministries and ministry-equivalent
organisations.
The personnel of each
provincial or city administration comprises:
·
The governor or mayor;
·
The vice-governor(s) or vice-mayor(s);
·
The chief and deputy chief of such provincial or city cabinet;
·
The director and deputy director of the local divisions; [and]
·
Other personnel in such provincial or city administration.
Article 9. Status[11]
and Role of Provincial or City Cabinets
Each provincial or city cabinet is part of the
organisational structure of a province or city. The role of the cabinet is to
act as the secretariat of the governor or mayor in his[12]
management of tasks; to formulate program and project plans; to study,
finalise, draft, research and edit documents; to coordinate with concerned
persons[13];
to provide information; to supervise and support the implementation of legal
acts of higher-level authorities and of its province or city[14];
[and] to facilitate the operation of the province or city administration.
Further details of the
organisational structure, personnel, authority and duties of the provincial and
city cabinets are set out in specific regulations.
Article 10. Status and Role of Local Divisions of the
Line Ministries and Ministry-Equivalent
Organisations in the Province and City
The
local divisions[15]
of the line ministries and ministry-equivalent organisations are part of the
organisational structure of the provincial or city administration. The role of
the local divisions is to act as the secretariat to the ministries and
ministry-equivalent organisations and to the province or city by managing the
activities of the concerned sectors[16],
according to the principle of democratic centralism, [with devolution of
responsibility to the local administration level].
Further details of the organisational
structure, personnel, rights and duties of local divisions of the line
ministries and ministry-equivalent organisations in provinces and cities shall
be set out in specific regulations.
Chapter 2
Creation of Provinces and Cities
Article 11. Creation,
Abolition, Division, Merger and Land Area Definition of Provinces and Cities
The creation, abolition,
division, merger or definition of the land area of a province or city is
approved by the National Assembly, based on the recommendation of the Prime
Minister.
Article 12. Criteria for
Creation
(a) The criteria for the
creation of a province are:
1. A suitable geographical
location for administration and a strategic location for national defence and
security;
2. The presence of good
conditions for socio-economic development;
3. The presence of
infrastructure like telecommunication [facilities], roads and streets, markets,
electricity, water supply, schools, health facilities and others;
4. A population of at least one
hundred and twenty thousand; [and]
5. A minimum of five districts.
[Even if all these criteria
are not met,] the government may in special cases still make a proposal to the
National Assembly for consideration and approval.
(b) The criteria for the
creation of a city are:
Except for Vientiane Capital
City, other cities will be created if they:
1. Occupy a large urban area
that is the centre of economic, political and socio-cultural activities, [and
of] tourism, services, commerce, communications, transport and foreign affairs;
2. Make a significant
contribution to the socio-economic development of the country;
3. Have a population of at
least eighty thousand; [and]
4. Have a developed
infrastructure and public facilities.
Chapter 3
Roles, Authorities and
Duties of Governors and Mayors
Article 13. Roles of Governors and Mayors
Each governor or mayor is
the chief of the [relevant] provincial or city administration and represents
the province or city. He is responsible to the government for fulfilling his
role, authority and duties of provincial or city administration.
Article 14. Authorities and
Duties of Governors and Mayors
Each governor or mayor shall
have the following authorities and duties:
1.
To ensure the effective implementation of the Constitution, laws and
rules of the State;
2.
To convene and preside over provincial or city administration meetings;
3.
To study and develop strategies for provincial or city socio-economic
development and budget plans;
4.
To implement the socio-economic development plan, the State budget,
[measures for] the defence and security of the province or city, the prevention
of negative occurrences; and the monitoring and inspection of central
government projects being implemented in the province or city;
5.
To facilitate and manage concerned organisations to ensure the timely and
accurate accounting of local revenue collections;
6.
To motivate, promote and facilitate the participation of the Lao Front
for National Construction, mass organisations, social organisations and all
economic entities and ethnic people in the socio-economic development of the
province or city;
7.
To issue decisions, orders, instructions, notifications and other
regulations in accordance with the laws;
8.
To implement citizen management at the local level;
9.
To suspend or cancel the legal acts of lower-level local administrations,
or propose to higher-level authorities that they cancel the legal acts of
[other] sectors, that conflict with laws and regulations;
10. To propose the creation and
abolition of districts and municipalities, and any local division within the structure
of the province and city administration;
11. To create, abolish, merge,
divide and delineate village boundaries;
12. To propose the appointment,
transfer or removal of chiefs of districts and chiefs of municipalities;
13. To appoint (or acknowledge
the appointment of) directors and deputy directors of the local divisions of
line ministries or ministry-equivalent organisations at provincial or city
level[, and to appoint (or acknowledge the appointment of)] the heads of office
of the line ministries and ministry-equivalent organisations at the district
level;
14. To appoint, transfer or
remove the chief or deputy chief of the provincial or city cabinet, the deputy
chief of district or municipality, the chief and deputy chief of the district
or municipal cabinet, and the deputy director of local offices of the line
ministries and ministry-equivalent organisations at the district or municipal
level, and other personnel in accordance with regulations;[17]
15. To manage the performance of
organisations and personnel in accordance with their authority, including
supervising and reporting on the performance of civil servants of line
ministries and ministry-equivalent organisations;
16. To consider, advise on or
resolve complaints, petitions and proposals from within the civil service,
relating to inappropriate behaviour or unsatisfactory performance of staff or
organisations within the scope of their jurisdiction in accordance with the
laws;
17. To regularly report the
overall situation in the province or city to the government;
18. To cooperate with
international organisations as assigned by the government; [and]
19. To exercise such other
rights and perform such other duties as provided by the laws.
Article 15. Authorities and
Duties of the Vice-Governors and Vice-Mayors
The vice-governor(s) [of
each province] and the vice-mayor(s) of [each city] shall assist the governor
or mayor and shall perform such specific functions as are assigned by the
governor or mayor.
In the event that the
governor or mayor is unable to implement his duties for any reason, the
vice-governor or vice-mayor assigned by the governor or mayor will take over
[his duties].
Article 16. Appointment and Term of Office of the
Governor or Mayor, and of Vice-Governor(s) and Vice-Mayor(s)
Each
governor and mayor is appointed, transferred or removed by the President of the
State based on the recommendation of the Prime Minister.
Each governor and mayor
shall have a five-year term of office and can be reappointed for one additional
term in the same place.
Chapter 4
Provincial and City
Administration Meetings
Article 17. Provincial and
City Administration Meetings
Regular provincial and city
administration meetings shall be held once a month and shall be convened and
chaired by the governor or mayor. The participants in such provincial or city
administration meetings include the vice-governor(s) or vice-mayor(s), the
chief of provincial or city cabinet, and the director of the local divisions of
the line ministries and ministry-equivalent organisations. If necessary, the
representatives of the chiefs of districts and the chiefs of municipalities or
representatives of concerned parties may be invited to attend.
In the event that an
emergency or urgent matter arises, the governor or mayor can call a special
meeting.
In each meeting, minutes of
the meeting shall be recorded. The minutes shall be approved and signed by the
chairman, and then distributed to the participants and concerned parties for
implementation. In the event that there is a decision on important issues, a
resolution of the meeting shall be prepared.
Article 18. Agenda of
Provincial and City Administration Meetings
The agenda or topics to be
considered and agreed upon in provincial or city administration meetings should
include:
1. Socio-economic strategy and
development plans for the province or city;
2.
Province or city budget plans and annual budget
amendments or adjustments;
3.
[Proposals to] create or abolish districts, [and]
municipalities and [proposals regarding the] organisational structure of the
province or city for consideration by the government;
4. [Consideration of] drafts of
the legal acts of the province or city;
5. Consideration of investment
projects in the province or city;
6. Reports on the
implementation of activities in the province or city;
7. An annual report to the
government;
8. Local defence and security
of the province or city, and international relations and cooperation; [and]
9. Personnel management issues.
Each provincial or city
administration meeting may also discuss other important and necessary issues.
Part III
District Administration
Chapter 1
Location, Role, Functions
and Organisational Structure
Article 19. District
A district is a local
[administrative territory] under the supervision of a province or capital city.
A district comprises several villages.
Article 20. Role and
Functions of District Administrations
District administrations
have the [following] roles, functions and operational procedures: to manage
political, economic, [and] socio-cultural affairs and human resources; to
protect, preserve and utilise natural resources, the environment and other
resources; and to manage national and local defence and security, and foreign
affairs as assigned by the province or capital city.
Article 21. Organisational
Structure and Personnel of District Administrations
The organisational structure
of each district administration comprises:
·
The district cabinet; [and]
·
The local offices of the line ministries and ministry-equivalent
organisations.
The personnel of each
district administration comprises:
·
The chief of district;
·
The vice-chief(s) of district;
·
The chief and deputy chief of the district cabinet;
·
The director and deputy director of line offices in the district; [and]
·
Other personnel in such district administration.
Article 22. Status and Role of District Cabinets
Each
district cabinet is part of the organisational structure of a district. The
role of the cabinet is to act as the secretariat of the chief of district in
his management of tasks; to formulate program and project plans; to study,
finalise, draft, research and edit documents; to coordinate with concerned
persons; to provide information; to supervise and support the implementation of
legal acts of higher-level authorities and of its district; [and] to facilitate
the operation of the district administration.
Further details of the
organisational structure, personnel, authority and duties of the district
cabinet are set out in specific regulations.
Article 23. Status and Role
of Local Offices of the Line Ministries and Ministry-Equivalent Organisations
in the District
The local offices of the
line ministries and ministry-equivalent organisations are part of the
organisational structure of the district administration. The role of the local
offices is to manage their own sector’s responsibilities as assigned by the
province, capital city, line ministries and ministry-equivalent organisations;
and to implement legal acts of higher-level authorities and the socio-economic
development plans for the province, capital city and district.
Further details of the organisational
structure, personnel, rights and duties of local offices of the line ministries
and ministry-equivalent organisations in districts are set out in specific
regulations.
Chapter 2
Creation of Districts
Article 24. Creation,
Abolition, Division, Merger and Land Area Definition of Districts
The creation, abolition,
division, merger or definition of the land area of a district is approved by
the government, based on the recommendation of the governor or mayor.
Article 25. Criteria for
Creation
The criteria for the
creation of a district are:
1.
A suitable geographic location for administration;
2.
A population of at least thirty thousand for districts in the low-lying
areas and twenty thousand for those in the mountainous areas, (however, when deemed
necessary, the government can decide to make an exception [to this criterion)[18];
and]
3.
The presence of infrastructure and conditions for socio-economic
development.
Chapter 3
Roles, Functions, Authorities and
Duties of the District Chief
Article 26. Roles of District Chiefs
Each district chief is the
chief of the [relevant] district administration and represents the district. He
is responsible to the provincial and capital city administrations for
fulfilling his role, authority and duties.
Article 27. Authorities and
Duties of District Chiefs
Each district chief shall
have the following authorities and duties:
1. To ensure the effective
implementation of the Constitution, laws and rules of the State;
2. To convene and preside over
district administration meetings;
3. To study and develop
strategies for district socio-economic development and budget plans;
4. To implement the
socio-economic development plan, the State budget, [measures for] the defence
and security of the district, the prevention of negative occurrences, and the
monitoring and inspection of central, provincial and capital city investment
projects being implemented in the district;
5. To facilitate and manage
concerned organisations to ensure the timely and accurate accounting of revenue
collection in the district;
6. To motivate, promote and
facilitate the participation of the Lao Front for National Construction, mass
organisations, social organisations and all economic entities ethnic people in
the socio-economic development of the district;
7. To issue decisions, orders,
instructions, notifications and other regulations in accordance with the laws;
8. To implement citizen
management in the district;
9. To suspend or cancel the
legal acts of lower-level local administrations, or to propose to higher-level
authorities that they cancel the legal acts of [other] higher-level local
administrations, that conflict with the laws and regulations;
10. To propose the creation and
abolition of villages and any offices within the structure of the district
administration;
11. To propose the appointment,
transfer or removal of deputy district chief(s), and of chiefs and deputy
chiefs of the district cabinet;
12. To propose (or acknowledge)
the appointment of deputy directors of local offices of the line ministries and
ministry-equivalent organisations in the district;
13. To appoint, transfer or
remove the heads and deputy heads of units of the district administration and
other personnel in accordance with regulations; and to approve the election or
appointment of the village heads;
14. To manage the performance of
organisations and personnel in accordance with their authority, including
supervising and reporting on the performance of civil servants of line
ministries or ministry-equivalent organisations;
15. To consider, advise on or
resolve complaints, petitions and proposals from within the civil service,
relating to inappropriate behaviour or unsatisfactory performance of staff or
organisations within the scope of their jurisdiction in accordance with the
laws;
16. To regularly report the
overall situation in the district to the governor or mayor;
17. To cooperate with
international organisations as assigned by the province or capital city; [and]
18. To exercise such other
rights and perform such other duties as provided by the laws.
The deputy district chief(s)
shall assist the district chief and shall perform such specific functions as
are assigned by the district chief.
In the
event that the district chief is unable to implement his duties for any reason,
the deputy chief assigned by the district chief will take over [his duties].
Article 29. Appointment and
Term of Office of Chiefs and Deputy Chiefs of District
Each chief of district is
appointed, transferred or removed by the Prime Minister based on the
recommendation of the governor or mayor.
Each chief of district shall
have a five-year term of office and can be reappointed for one additional term
in the same place.
The deputy chief(s) are
appointed, transferred or removed by the governor or mayor, based on the
recommendation of the chief of district, and shall have a five-year term of
office and may be reappointed.
Chapter 4
District Administration Meetings
Article 30. District
Administration Meetings
Regular district
administration meetings shall be held once a month and shall be convened and
chaired by the district chief. The participants in the district administration
meeting include the deputy district chief(s), the chief of the district
cabinet, and directors of local offices of the line ministries and
ministry-equivalent organisations. If necessary, the representatives of other
concerned parties may be invited to attend.
In the event that an
emergency or urgent matter arises, the district chief can call a special
meeting.
In each meeting, minutes of
the meeting shall be recorded. The minutes shall be approved and signed by the
chairman, and then distributed to the participants and concerned parties for
implementation. In the event that there is a decision on important issues, a resolution
of the meeting shall be prepared.
Article 31. Agenda of
District Administration Meetings
The agenda or topics to be
considered and agreed upon in district administration meetings should include:
1. Socio-economic strategy and
development plans for the district;
2. District budget plans and
annual budget amendments or adjustments;
3. [Proposals to] create or
abolish villages and [proposals regarding the] organisational structures of the
district for consideration by the government;
4. [Consideration of] drafts of
the legal acts of the district;
5. Consideration of investment
projects in the district;
6. Reports on the
implementation of activities in the district;
7. An annual report to the
governor or mayor;
8. Local defence and
security of the district, and international relations and cooperation; [and]
9. Personnel
management issues.
Each district administration
meeting may also discuss other important and necessary issues.
Part IV
Municipal Administration
Chapter 1
Location, Role, Functions and
Organisational Structure
Article 32. Municipality
A municipality is a local
[administrative territory] which is in an urban area. It is the place where the
offices of the provincial or city administration are located, or some other
urban area that meets the criteria provided in this Law, such as high
population density and socio-economic, political, cultural and public service
development. A municipality comprises several villages.
Article 33. Role and Functions of Municipal
Administrations
A
municipal administration is a local administration at the same level as a
district administration and is under the supervision of the Chief of
Municipality.
The role and functions of a
municipal administration are to manage political, economic, [and]
socio-cultural affairs and human resources; protect, preserve and utilise
natural resources, the environment and other resources; to plan and implement
urban development and public services; to ensure the peace, security and
cleanliness of the municipality; and to engage in foreign affairs activities as
assigned by the province or city.
Article 34. Organisational
Structure and Personnel of Municipal Administrations
The organisational structure
of each municipal administration comprises:
·
The Municipal administration Cabinet; and
·
The local divisions of the line ministries, ministry-equivalent
organisations, and technical and service units.
The personnel of each
municipal administration comprises:
·
The chief and deputy chief(s) of the municipality;
·
The chief and deputy chief(s) of the municipal cabinet;
·
The head and deputy heads of local offices; and
·
Other personnel in the municipal administration.
Article 35. Status and Role
of Municipal Cabinets
Each municipal cabinet is
part of the organisational structure of the municipality. The role of the
cabinet is to act as the secretariat of the chief of municipality in his
management of tasks; to formulate program and project plans; to study, draft
and finalise, research and edit documents; to co-ordinate with concerned
persons; to provide information; to supervise and support the implementation of
legal acts of higher-level authorities and of its municipality; and to
facilitate the operations of the municipal administration.
Further details of the
organisational structure, personnel, authority and duties of the municipal
cabinets are set out in specific regulations.
Article 36. Status and Role
of Local Offices of the Line Ministries and Ministry-Equivalent
Organisations in Municipalities
The local offices of the
line ministries and ministry-equivalent organisations are part of the
organisational structure of the municipal administration. The role of the local
offices is to manage their own sector’s responsibilities as assigned by the
province or city, local divisions or equivalent organisations, and the
technical and service units; and to implement the legal acts of higher-level
authorities and the socio-economic development plans for its province or city
and its municipality.
Further details of the
organisational structure, personnel, authority and duties of local offices of
the line ministries and ministry-equivalent organisations of the municipality
are set out in specific regulations.
Chapter 2
Creation of Municipalities
Article 37. Creation of
Municipalities
The creation, abolition,
division, merger or definition of the land area of a municipality is approved
by the government, based on the recommendation of the governor or mayor.
Article 38. Criteria for Creation
The place where the
provincial or city administration offices are located shall be considered as a
municipality. The urban centres of other districts can be established as a
municipality if they meet the following criteria:
1. Population of at least
10,000 people, (however, when deemed necessary, the government can decide to
make an exception [to this criterion)[19]];
2. A developed economic,
social, and cultural area and a developed infrastructure system; [and]
3. An ability to generate
revenue to respond to necessary expenditures.
Chapter 3
Role, Authorities and Duties
of Chiefs of Municipalities
Article 39. Roles of Municipal Chiefs
Each chief of municipality
is the chief of the municipal administration, and represents the municipality.
He is responsible to the province or city for fulfilling his role, authority and
duties.
Article 40. The Authority
and Duties of Chiefs of Municipalities
Each chief of municipality
shall have following authorities and duties:
1. To ensure the effective
implementation of the Constitution, laws, [and] rules of the State;
2. To convene and preside over
municipal administration meetings;
3. To study and develop
strategies for municipal socio-economic development and budget plans;
4. To implement the
socio-economic development plan, the State budget, [measures for the] defence
and security of the municipality, the prevention of negative occurrences, and
the monitoring and inspection of all municipal, provincial, city and central
government investment projects being implemented in the municipality;
5. To facilitate and manage
concerned organisations to ensure the timely and accurate accounting of revenue
collections in the municipality;
6. To motivate, promote and
facilitate the participation of the Lao Front for National Construction, mass
organisations, social organisations and all economic entities and ethnic people
in the socio-economic development of the municipality;
7. To issue decisions, orders,
instructions, notifications and other regulations in accordance with the laws;
8. To implement citizen
management in the municipality;
9. To suspend or cancel the
legal acts of lower-level local administrations, or to propose to higher-level
authorities that they cancel the legal acts of [other] higher-level local
administrations, that conflict with the laws and regulations;
10. To propose the creation and
abolition of villages and any offices within the structure of the municipal
administration;
11. To propose the appointment,
transfer or removal of the deputy chief(s) of municipality and the chief and
deputy chief(s) of the municipal cabinet;
12. To propose (or acknowledge) the
appointment of the deputy directors of the local offices of the line ministries
and ministry-equivalent organisations in the municipality;
13. To appoint, transfer or
remove the heads and deputy heads of units of the municipality administration
and other personnel, in accordance with regulations, and to approve the
election or appointment of village heads;
14. To formulate, implement and
supervise socio-economic and cultural development plans, and manage security
and public order;
15. To develop and implement
urban planning; maintain the infrastructure; manage socio-cultural affairs,
sports and municipal service delivery including roads, electricity, water
supply, markets, schools, hospitals, recreation facilities, sewage system, and
garbage collection; protect river banks and manage natural disasters (for
instance, fire and flood); clean and protect the environment; and provide
public lights, parks and other amenities and facilities;
16. To manage and regulate
building construction and other proposed development according to the urban
plan of the municipality;
17. To manage the performance of
organisations and personnel in accordance with their authority, including
supervising and reporting on the performance of civil servants of line
ministries and ministry-equivalent organisations;
18. To manage revenues,
expenditures, property, vehicles and other equipment of the municipality in
accordance with regulations;
19. To consider, advise or
resolve complaints, petitions and proposals from within the civil service
relating to inappropriate behaviour or unsatisfactory performance of staff or
organisations within the scope of their jurisdiction;
20. To regularly report on the
overall situation in the municipality to the governor or mayor;
21. To collaborate and cooperate
with international organisations as directed by the province or city; [and]
22. To exercise such other
rights and perform such other duties as provided by the laws.
Article 41. Authorities and
Duties of Deputy Municipal Chiefs
The deputy chief(s) of a
municipality shall assist the chief of municipality and shall perform such
specific functions as are assigned by the chief of municipality.
In the event that the chief
of municipality is unable to implement his duties for any reason, the deputy
chief of municipality assigned by the chief of municipality will take over [his
duties].
Article 42. Appointment and Term of
Office of Municipal Chiefs and Deputy Chiefs
Each chief of municipality
is appointed, transferred or removed by the Prime Minister, based on the
recommendation of the governor or city mayor.
Each chief of municipality
shall have a five-year term of office and can be reappointed for one additional
term in the same place.
The deputy chief(s) of
municipality are appointed, transferred or removed by the governor or mayor
based on the proposal of the chief of municipality, shall have a five-year term
of office and may be reappointed.
Article 43. Revenues of
Municipality
The revenues of each
municipality are derived from the State budget, service charges or fees, local
taxes, contributions from people and other revenues specified by the laws and
regulations.
Chapter 4
Municipal Administration Meetings
Article 44. Municipal
Administration Meetings
Regular municipal
administration meeting shall be held once a month and shall be convened and
chaired by the chief of municipality. The participants in the municipal
administration meetings include the deputy chief(s) of municipality, the chief
of the municipal cabinet, directors of local offices of the line ministries and
ministry-equivalent organisations, and heads of technical and service units. If
necessary, the representatives of other concerned parties may be invited to
attend.
In the event that an
emergency or urgent matter arises, the chief of municipality can call a special
meeting.
In each meeting, minutes of
the meeting shall be recorded. The minutes shall be approved and signed by the
chairman, and then distributed to the participants and concerned parties for
implementation. In the event that there is a decision on important issues, a
resolution of the meeting shall be prepared.
Article 45. Agenda of
Municipal Administration Meetings
The agenda or topics to be
considered and agreed upon in municipal administration meetings should include:
1. Socio-economic strategy and
development plans for the municipality;
2. Municipal budget plans and
annual budget amendments or adjustments;
3. Construction projects, and
the improvement and maintenance of the infrastructure and services of the
municipality;
4. [Proposals for] the creation
or abolition of villages and [proposals regarding the] organisational structure
of the municipality for consideration by the government;
5. Consideration of investment
projects in the municipality;
6. [Consideration of] drafts of
the legal acts of the municipality;
7. Reports on the
implementation of activities in the municipality;
8. An annual report to the
governor or mayor;
9. Local defence and
security of the municipality, and international relations and cooperation;
[and]
10. Personnel
management issues.
Each municipal
administration meeting may also discuss other important and necessary issues.
Part V
Village Administration
Chapter 1
Location, Role, Functions and
Organisational Structure
Article 46. The Village
The village is a local
[administrative territory] at the grassroots level. It is under the supervision
of the district or municipality. A village comprises several households.
Article 47. Role and
Functions of Village Administrations
The role and functions of
each village administration are to implement and manage the socio-economic
development plans for the village, to protect and maintain security and public
order, and to protect and preserve natural resources and the environment within
the village.
Article 48. Organisational
Structure of Village Administrations
Each village is headed by a
village head who is assisted by deputy head(s) and some functional units.
Article 49. Village Head
Elections
Each village head is elected
by eligible voters in the village and approved by the chief of district or the
chief of municipality.
In special circumstances,
the village head may be appointed or removed by the chief of district or the
chief of municipality.
Deputy village head(s) are
appointed or removed by the chief of district or the chief of municipality,
based on the recommendation of the village head.
The term of office of each
village head and the deputy village heads is three years. They can be
re-elected or re-appointed.
Chapter 2
Creation of Villages
Article 50. Creation of
Villages
The creation, abolition,
division, merger or definition of the land area of a village is approved by the
governor or mayor, based on the recommendation of the chief of district or the
chief of municipality.
Article 51. Criteria for
Creation
The criteria for the
creation of a Village are:
1. A suitable geographical
location for administration;
2. Population:
·
A village in an urban area should have a population of at least one
thousand;
·
A village in the low-lying areas should have a population of at least
five hundred;
·
A village in the mountainous or remote areas should have a population
of at least two hundred; and
3. Socio-economic
development conditions must be sustainable.
Chapter 3
Role, Functions, Authority and
Duties of the Village Head
Article 52. Role and
Functions of Village Heads
Each village head is the
chief of the village administration and represents the village. He is
responsible to the district or municipality administrations and to all
villagers for the implementation of his role, authority and duties.
Article 53. Authority and
Duties of Village Heads
Each village head shall have
the following authority and duties:
1. To implement the
Constitution, laws, resolutions, orders, and socio-economic development plans
to improve the living conditions of the population; to protect natural
resources and the environment; and to maintain the peace, security, and public
order in the village;
2. To disseminate the
government policies and laws to all people in the village; to educate, mobilise
and encourage harmony and solidarity of the people; [and] to promote the
people’s exercise of their rights and their compliance with their obligations;
3. To motivate, promote and
facilitate the participation of the Lao Front for National Construction, mass
organisations, social organisations and all economic entities and ethnic people
in the socio-economic development of the village;
4. To preserve and promote good
national traditions and cultures of the multi-ethnic Lao people; to discourage
negative occurrences and superstitious beliefs; to promote education within the
community; and to educate the community to be responsible for hygiene and
sanitation;
5. To manage the people in the
village, and to support the people in order to bring about more stable
employment and sustainable livelihoods;
6. To convene and preside over
village administration meetings and attend meetings convened by higher-level
authorities;
7. To propose the appointment
or removal of the deputy village chief(s) to the chief of district or chief of
municipality;
8. To issue rules and
notifications in accordance with the laws and regulations;
9. To propose to higher-level
authorities the suspension of orders or the cancellation of activities which
are against the laws, rules and the common interests of the village;
10. To resolve local conflicts
and complaints of the people within the scope of his authority;
11. To regularly report the
overall situation in the village to the chief of district or chief of
municipality;
12. To receive some allowances
in accordance with the laws; [and]
13. To exercise such other
rights and perform such other duties as are provided by the laws.
Article 54. Rights and
Duties of Deputy Village Heads
The deputy village head(s)
shall assist the village head and shall perform such specific functions as are
assigned by the village head. In the event that the village head is unable to
implement his duties for any reason, the deputy village head assigned by the
village head will take over [his duties].
Chapter 4
Village Administration Meetings
Article 55. Village Administration Meetings
Regular village
administration meetings shall be held once a month and shall be convened and
chaired by the village head. The participants in village administration
meetings include the deputy head(s) of the village and heads of units. If
necessary, representatives of concerned parties may be invited to attend.
In the event that an
emergency or urgent matter arises, the village head can call a special meeting.
In each meeting, minutes of
the meeting shall be recorded. The minutes shall be approved and signed by the
chairman, and then distributed to the participants and concerned parties for
implementation.
Article 56. Agenda of
Village Administration Meetings
The agenda or topics to be
considered and agreed upon in village administration meetings should include:
1. Socio-economic and
environmental development plans of the village;
2. Proposals for the creation
or abolition of units in the organisational structure of the village for
consideration by the government;
3. Consideration of investment
projects in the village;
4. Consideration of drafts of
village rules;
5. Reports on the
implementation of activities in the village;
6. An annual report to the
chief of district or chief of municipality; [and]
7. Local defence and security
of the village.
Each village administration
meeting may also discuss other important and necessary issues.
Article 57. Village Meetings
Each village head may convene and chair
village meetings. The participants in village meetings comprise the village
head, the deputy village head(s), the heads of units, and heads of families.
The meeting is organised as required or as advised by higher-level authorities.
Part VI
Working Methods of Local Administration Finance
Article 58. Working Methods
of Local Administration
1. The local administrations
operate in line with the principles of democratic
centralism and unified leadership based on consensus to be achieved at
meetings [of the members of such local administration], and division of
responsibility;
2. The local administrations do
their work following plans, programs, projects, and defined timelines, to
ensure the effectiveness of the work in accordance with the situation and
conditions of the locality;
3. The local administrations
collaborate with concerned parties in all activities. In the event that there
is disagreement over some issues, [the disagreements] shall be submitted to
higher-level authorities for consideration and approval;
4. The local administrations
supervise, evaluate and make reports of the activities in the locality, and
report to higher-level authorities; [and]
5. The local administrations at
[all] levels must have their performance inspected by the people, by their own
level and by higher-level inspection authorities.
Article 59. Local
Administration Finance
Local administration finance
has two levels of budget: provincial budget unit and district budget unit. The
village is a basic unit for revenue collection and it incurs expenditures
following rules and laws provided by the district level budget unit.
Local administration finance
must operate in line with the principles of the centralised State budget, and
the local budget shall also be managed according to rules and laws and
implement the socio-economic development plans and annual plans which have been
approved by the government and assigned [to be implemented at local level.]
[At the province or city
administrative level,] the [person who has the highest financial decision
making function][20]
is the governor or mayor or a person assigned by the governor or mayor of the
province or city. At the district administration level, it is the chief of
district or chief of municipality or a person who is assigned to this role.
Part VII
Final Provisions
Article 60. Stamp
The local administration at
each level shall have its own stamp for official use.
Article 61. Implementation
The government is
responsible for implementing this law.
Article 62. Date of Effect
This Law enters into force on the date of its promulgation by a decree
of the President of the Lao People's Democratic Republic.
Any regulations, provisions
and rules that are inconsistent with this law shall be null and void.
Vientiane,
5 August 2004
President
of the National Assembly
[Seal and
Signature]
Samane VIYAKETH