Lao People's Democratic Republic 1991 Constitution (reviewed 2015) - Page 6 of 15

Table of Contents

Chapter V. National Assembly

Article 52 (Amended)

The National Assembly is the representative body of the rights and interests of the multi-ethnic people; it is the highest power organization of the State. The National Assembly is also the legislative branch to perform the role to adopt the Constitution and laws, make decisions on fundamental issues of the country and to monitor the implementation of the Constitution and laws by the State organizations.

Article 53 (Amended)

The National Assembly has the following rights and duties:

To consider [and] approve the Constitution and laws;
To consider and approve strategic plans, the socio-economic development plan, State budget plan and the amended State budget plan;
To consider [and] approve the fundamental policy of finance, money, the percentage of State budget deficit, the percentage of government debt and the percentage of public debt;
To consider [and] approve the determination, amendment, cancellation or exemption of taxes and duties;
To oversee the observance and implementation of the Constitution and laws of the State organizations;
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 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 Committee 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 members of the government based on the recommendation of the Prime Minister;
To consider and approve the proposed appointment or removal of judges of the People’s Supreme Court based on the recommendation of the President of the People’s Supreme Court;
To consider and approve the organizational structure of the National Assembly, including the establishment, merging and separation of committees, and the board of secretariat of the national assembly;
To consider and approve the organizational structure of the government, including establishment, dissolution, merging and division of ministries and equivalent bodies, provinces and municipalities based on the recommendation of the Prime Minister;
To consider and determine the boundaries of the provinces [and] capital city based on the recommendation of the Prime Minister;
To consider to dissolve the People Assembly of the provinces in the event that the People Assembly has caused significant damage to the interest of the people and country;
To consider and approve the granting of amnesties based on the recommendation of the National Assembly Standing Committee;
To consider and approve the ratification of or withdraw from treaties and agreements to which Lao PDR has become a party and international agreements based on the recommendation of the Prime Minister;
To consider and approve on matters of war or peace based on the recommendation of the President of the State;
To cancel the legislation 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 right to the National Assembly Standing Committee to decide on necessary and urgent matters, subject to subsequent reporting to the National Assembly meeting.

Article 54 (Amended)

The term of office of each National Assembly legislature is five years.

Members of the National Assembly are elected by the Lao citizens in accordance with the laws.

The election of a new National Assembly legislature must be completed within sixty days prior to the expiration of the term of office of the incumbent National Assembly [legislature].

In the case of war or any other circumstance that obstructs the election, an [incumbent] National Assembly [legislature] may extend its term of office but it must carry out the election of the new National Assembly no later than six months after the situation returns to normal.

If deemed necessary by the vote of at least two-thirds of all members of the National Assembly attending the session, such [incumbent] National Assembly [legislature] may carry out the election of [new] members prior to the expiration of its term.

Article 55 (Amended)

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.

The National Assembly Standing Committee consists of the President, the Vice-President and a number of members.

The President and Vice-President of the National Assembly are also the President and Vice-President of the National Assembly Standing Committee.

Article 56 (Amended)

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

To prepare and summon the National Assembly into session;
To interpret and explain the provisions of the Constitution and the laws, and to propose to establish a new law;
To propose the draft Decree to the President of the State;
To appoint, transfer or remove judges of the People’s Supreme Court, the President, Vice-President and judges of the People’s Court based on the recommendation of the President of the People’s Supreme Court;
To appoint the National Election Committee;
To decide on granting amnesties under treaties to which Lao PDR has become a party and international agreements based on the recommendation of the Prime Minister;
To receive and consider applications from the people for justice.

Article 57 (Amended)

The National Assembly convenes its ordinary session twice a year; the National Assembly Standing Committee may convene an extraordinary session of the National Assembly if it deems it necessary.

The National Assembly sessions shall be convened only with the presence of more than one-half of the total number of the National Assembly members.

Article 58 (New)

Resolutions of the National Assembly shall be valid only when they are voted for by more than one-half of the number of the National Assembly members present at the session, except as otherwise provided in Articles 54, 66, 68 and 118 of this Constitution.

Article 59 (Amended)

The organizations and persons that have the right to propose draft laws are as follows:

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

Article 60 (Amended)

Laws already adopted by the National Assembly must be promulgated by the President of the State no later than thirty days after their adoption. During this period, the President of the State has the right to request the National Assembly to reconsider [such laws]. If the National Assembly affirms its previous decision after reconsidering such laws, the President of the State must promulgate them within fifteen days.

Laws which are promulgated by the President will be effective upon publication within 15 days in the official gazette, except as provided in the specific law.

Article 61 (Amended)

Questions relating to the destiny of the country and the vital interests of the people must be reviewed and considered by the National Assembly, or the National Assembly Standing Committee.

Article 62 (Amended)

The National Assembly establishes its own committees to consider draft laws and draft presidential edicts, which are then submitted to the National Assembly Standing Committee, and assists the National Assembly and the National Assembly Standing Committee in exercising oversight of the activities of all the State organizations.

Article 63 (Amended)

Members of the National Assembly have the right to question the Prime Minister, members of the government, the President of the People’s Supreme Court, the Supreme Public Prosecutor, [and] the President of the State Audit Authority.

Persons questioned must give verbal or written answers at the National Assembly session.

Article 64 (Amended)

Members of the National Assembly shall not be prosecuted in criminal cases or arrested, detained and imprisoned without the approval of the National Assembly, or the National Assembly Standing Committee during the recess of the National Assembly.

In cases involving manifest or urgent offences, the relevant organization which has detained the member of the National Assembly must immediately report to the National Assembly or to the National Assembly Standing Committee for consideration.

Investigations shall not [be conducted in such a manner as to] prevent a prosecuted member from attending National Assembly sessions.