Lao People’s Democratic Republic 1991 Constitution (reviewed 2015)

Chapter VIII. The Local People’s Assemblies

Article 76 (New)

The Local People’s Assemblies are the representatives of the rights and interests of the multi-ethnic people; they are the highest powers of the local government, perform the role to consider [and] adopt the important legislation, make decisions on fundamental issues at the local level and monitor the activity of all the State organizations under their jurisdiction.

The Local People’s Assemblies shall be established according to its administrative level, which consist of the People’ Assembly at the provincial level, district level and village level. The National Assembly may decide to establish People’s Assemblies at district level and village level.

The Provincial People’s Assemblies have the same term as the National Assembly.

Article 77 (New)

The Provincial People’s Assemblies have the following rights and duties:

1. To consider and adopt plans for socio-economic development and the State budget at the provincial level, based on the recommendation of the provincial and city governors;
2. To consider and adopt important legislation of the provincial level;
3. To monitor the implementation of the constitution and laws within its organization;
4. To elect or remove the President, Vice-president and Standing Committee of the Provincial People’s Assembly;
5. To consider [and] adopt the organizational structure of the local administration at the provincial level;
6. To appoint or remove governors [and] governors of cities based on the recommendation of the Provincial People’s Assembly Standing Committee;
7. To consider [and] adopt the structure and organization of the local administration at the provincial level; to appoint, transfer or remove Vice-governors, Vice-governors of cities, heads of department [and] equivalent organizations at the provincial level based on the recommendation of the provincial governors [and] city governors;
8. To consider [and] approve the establishment, elimination, separation, and merger of department and equivalent organization at provincial level based on the recommendation of the provincial governors [and] city governors;
9. To consider and adopt the appointment or removal of the Head of Public Prosecutor [and] the President of the Local People’s Court, based on the recommendation of the Provincial People’s Assembly Standing Committee;
10. To consider [and] approve the establishment or elimination of districts, municipalities, [and] cities, and to determine the boundaries of the districts, municipalities, [and] cities based on the recommendation of the provincial and city governors;
11. To abolish or cancel the decision, instruction, guideline or legislation of other sectors which contradict with laws, except the decision on the court proceeding of Public Prosecutor and People’s Court; [and]
12. Assign the rights to the Provincial People’s Assembly Standing Committee to decide on the necessary and urgent matters, then report to the Provincial People’s Assembly meeting.

Article 78 (New)

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 Provincial People’s Assembly during its recess.

The Provincial People’s Assembly Standing Committee consists of the President, the Vice-President and a number of members.

The President and Vice-President of the Provincial People’s Assembly are also the President and Vice-President of the Provincial People’s Assembly Standing Committees.

Article 79 (New)

The Provincial People’s Assembly Standing Committee has the following rights and duties:

1. To prepare and summon the Provincial People’s Assembly into session;
2. To appoint, transfer or dismiss the Vice-governor of the province and Vice-governor of the cities;
3. To consider and appoint, transfer or remove the Vice-President and the judge of the People’s Court based on the recommendation of the President of the Provincial’s People’s Court and city’s People’s Court;
4. To receive and consider the justice application from the people within its responsibility.

Article 80 (New)

The Provincial People’s Assembly convenes its ordinary session twice a year at the summons of the Provincial People Assembly Standing Committee. The Provincial People’s Assembly Standing Committee may convene an extraordinary session of the Provincial People’s Assembly if it deems it necessary.

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

Article 81 (New)

Resolutions of the Provincial People’s Assembly shall be valid only when they are voted for by more than one-half of the number of the Provincial People’s Assembly members present at the session.

Article 82 (New)

The members of the Provincial People’s Assembly establish its committee to be the head of the Provincial People’s Assembly and the Provincial People’s Assembly Standing Committee to perform the work in according to their rights and duties.

Article 83 (New)

The members of the Provincial People’s Assembly have the right to question the governor, governor of [Vientiane] Capital, director of the department or equivalent organizations of the provincial level, mayor, head of municipality, head of city, head of public prosecutor, the president of the local people’s court and the relevant representative of the State audit authority of the region.

Persons questioned must give verbal or written answers at the Provincial People’s Assembly session.

Article 84 (New)

The members of the Provincial People’s Assembly shall not be prosecuted in criminal cases or arrested, detained and imprisoned without the approval of the Provincial People’s Assembly, or the Provincial People’s Assembly Standing Committee during the recess of the Provincial People’s Assembly.

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

Investigations shall not [be conducted in such a manner as to] prevent a prosecuted member from attending the Provincial People’s Assembly sessions.