Chapter IX. General Provisions and Constitutional Amendments
Section I. General Provisions
Article 391
The Federal Republic of Yemen consists of six regions, four in the North and two in the South, they are: Hadhramout region, Sheba region, Aden region, Aljanad region, Azal region and Tahamh region and as follows:
- Hadhramout region consists of the following wilayas: Al Mahrah, Hadhramout, Shabwah and Socotra.
- Sheba region consists of the following wilayas: Al Jawf, Ma’rib and Al Bayda’.
- Aden region consists of the following wilayas: Aden, Abyan, Lahaj and Al Dali.
- Aljanad region consists of the following wilayas: Taiz and Ibb.
- Azal region consists of the following wilayas: Sa’ada, Amran, Sana’a, and Dhamar.
- Tahamh region consists of the following wilayas: Al Hudaydah, Raymah, Al Mahwit and Hajjah.
Article 392
Wherever there is a mention of the word “citizen”, it shall refer to every citizen, male and female.
Article 393
The Constitution is the supreme law of the State. It expresses the will of the people and shall be binding on all State agencies at the federal, regional, sub-regional and individual levels. It shall be superior to all laws, regulations and decisions. Any contradictions with the provisions of this Constitution shall be deemed absolutely null and void.
Article 394
The preamble of the Constitution shall be deemed an integral part thereof.
Article 395
The law shall define the flag, the emblem and the national anthem of the State.
Article 396
The law shall establish the medals, decorations and insignia of the State.
Article 397
Laws shall be issued on behalf of the people and shall be published in the Official Gazette.
Article 398
The text of the Constitutional Oath shall be the following: “I swear by the Almighty God that I will adhere to the Book of Allah and the Sunnah (tradition) of His Messenger and that I would sincerely maintain the Federation and the Republican regime, adhere to the Constitution and the law, protect the interests of the people and their rights and freedoms, and maintain the unity of the homeland, independence and territorial integrity thereof”.
Article 399
The law shall determine the salaries of the President of the Republic, the Vice President, the ministers and their deputies. They shall not have any other salary or bonus, and while in office, may not practice any professional vocation or commercial activity either individually or through intermediaries.
Article 400
The President of the Republic, the Vice President, ministers, their deputies, governors of the regions, the walis of the wilayas, members of the House of Representatives, the Federal Council, the regional houses of representatives and any other public employee prescribed by law, during their tenure, may not buy, sell, lease, rent, use or barter anything from the State or from juristic persons or the public sector. They may not conclude any supply contracts or commitment, or other contractual obligation in person or through intermediaries. Any such transactions shall be deemed null and void.
Article 401
The following office holders shall present financial disclosures upon appointment, at the end of each year in office and at the end of service: The President of the Republic, the Vice President, members of the legislative authority at the federal level and in the regions, governors of the regions, the walis of the wilayas, ministers, members of the judicial authority, members of independent institutions and other civilian and military employees as may be determined by law.
Article 402
Gifts received by the President of the Republic, the Vice President, ministers, governors of the regions, members of the legislative authority, senior public offices in the State, both civilian and military for their offices shall revert to the State and the law shall organize that process.
Article 403
The preamble of the Constitution and provisions complement each other with each has the same legal authority.The day for which the Constitution takes effect shall become a national holiday.
Article 404
Provisions of the law may only be deemed valid from the date of entry into force. It shall not have any retroactive effects prior to that. However, in matters relevant to taxation and penalties, it can be stated otherwise with approval of two third of the members in the council.
Article 405
The Constitution shall be considered effective on the date of declaration of approval by a majority of valid votes of voters casting their votes in a public referendum.
Article 406
The 1991 constitution of the Republic of Yemen and amendments thereof shall be repealed on the date this Constitution becomes effective.
Section II. Constitutional Amendments Provisions
Article 408
- The President of the Republic or a third of members of the House of Representatives or a third of members of the Federal Council may request the amendment of one or more provision of the Constitution. The article or articles to be amended and the reason for such amendments must be stated in the request.
- The request shall be presented to the two houses for deciding, in principle, whether to proceed with the proposed amendement or not. The request shall be deemed accepted by a majority of members in each of the two houses.
- If the request is rejected by any of the two houses or both, the request may not be presented again before the elapse of one year from the date of rejection.
Article 409
If the request is approved, it shall be circulated to the public and shall be discussed in the House of Representatives after sixty days from the date of approval.
Article 410
If the proposed amendments are adopted by a majority of two thirds in the House of Representative; it shall be referred to the Federal Council to be adopted by a two-third majority.
Article 411
If the proposed amendments failed to receive the required majority for adoption, another vote shall be taken after ten days has passed. If the proposed amendments again do not receive the required majority, the proposed amendments shall be considered rejected and may not be presented again until one year has passed from the date of rejection.
Article 412
If the Federal Council approves the proposed amendments and introduced new alterations to the proposal, it shall be returned to the House of Representatives for adoption by a majority of two third. If the House of Representatives rejects the alterations, the proposed amendments may not be presented before the elapse of one year from the day of rejection.
Article 413
Amendments adopted by the two houses to the following provisions and chapters ( …) shall not enter into force unless approved by a majority of valid votes in a public referendum.
Article 414
No amendment may be made to the Constitution during a state of emergency or war.
