Prime Minister of Laos

The first head of government in Lao history was Phetsarath Ratanavongsa, who was appointed Prime Minister of the Kingdom of Luang Phrabang on 15 August 1941.[1] Five years later, on 27 August 1946 a French–Lao agreement saw the establishment of the Kingdom of Laos, the first unified modern Laotian state.[2] A Constituent Assembly was formed to enact a new constitution.[3] The Constitution of the Kingdom of Laos was enacted on 28 April 1947 by the Constituent Assembly, and promulgated by a royal decree on 11 May 1947.[3] Under the new constitution Laos was defined as "a unitary, indivisible and democratic kingdom".[4] This makes Prince Souvannarat the first Prime Minister of the Kingdom of Laos.[5] From 15 March 1947 until the dissolution of the Kingdom on 2 December 1975 seven individuals served as Prime Minister of the Kingdom of Laos.[5]

The Lao People's Democratic Republic (Lao PDR), as well as the office of Prime Minister, was established on 2 December 1975 by a decision of the National Congress of People's Representatives (NCPR).[6] All institutions of the Kingdom of Laos were abolished and replaced by state structures strongly influenced by the ones existing in other socialist states, especially those of Vietnam.[6] The NCP ordered the SPA to "propel, assist and control all the activities of the government, to prepare a draft Constitution as well as propose laws which are indispensable and to strengthen the base of the new code of the law of the People's Democratic regime".[7] Moreover, the NCPR granted the Lao People's Revolutionary Party (LPRP) a monopoly on state power.[8] The function of the Prime Minister, the government and the Supreme People's Assembly (SPA), the new legislature, were to implement the decisions of the party.[9] LPRP General Secretary Kaysone Phomvihane stated as much in 1977; "Party committees at all levels must lead [in fulfilling] the revolutionary task in all domains, but the essential is to direct the power of the state. They must make [the state] secure and powerful, capable of applying the line and policies of the Party."[10] According to scholar Chou Norindr this political system made the government and legislature subordinate to the party. This contrasts with liberal democratic societies in which several parties compete for power, and all are subject to state laws.[11]

The government structure established on 2 December 1975 was named Council of Government, like its counterpart in Vietnam.[12] The government was responsible for the political, economic, cultural and social affairs of the state as well as its security, defence and foreign relations.[13] It was responsible for increasing the economic performance of the state, developing the people's collective mastery and establishing socialist relations of production.[13] In sum, the Council of Government was the supreme power on administration and economic affairs.[13]

The Government has been marked by hierarchy since its inception.[12] Kaysone Phomvihane, as the first Prime Minister of the Lao PDR, concurrently served as LPRP General Secretary, member of the Politburo and member of the Secretariat.[12] His four deputy prime ministers Nouhak Phoumsavanh, Phoumi Vongvichit, Khamtai Siphandon and Phoune Sipraseuth served concurrently in the LPRP Politburo, the highest decision-making organ between sessions of the Central Committee.[14] Below them were ordinary members of the LPRP Central Committee and non-Central Committee members.[15] The Presidency of the Council of Government, the highest organ of Government, was composed of the Prime Minister, his deputies and Saly Vongkhamsao, Sisavath Keobounphanh, Chanmy Douangboudy, Maychantane Sengmany and Thongsavat Khaykhamphitoune.[15] The Presidency's members controlled all legislative, executive and judicial powers of the state.[15] The deputy prime ministers of the First Government had wide-ranging responsibilities.[14] They led their respective ministry and were responsible for overseeing other ministries on behalf of the Prime Minister.[14] Together with the Prime Minister, the First Government was accountable to and reported its activities to the SPA.[16] The SPA, consisting mainly of LPRP members, rarely held the government to account.[17]

The SPA passed the Law on the Council of Government in November 1982.[7] It stated that the Council of Government has the "full power to settle all matters of state management which do not fall under the duties and rights of the Supreme People's Assembly and the SPA Standing Committee".[18] The law changed the name of the office of Prime Minister to Chairman of the Council of Government.[18] The offices of deputy prime ministers were changed to Deputy Chairman of the Council of Government.[18] The 1982 law intended to strengthen the collegial streak of the body by emphasising collective leadership, a communist leadership principle that seeks to hinder arbitrary decision-making.[18] All minister-level officials had the right to attend the Council of Government meetings.[18] The law further emphasises that "representatives of trade unions, youth and women may be invited" to the meetings of the Council of Government "for consultation on problems involving the masses of all strata to which each organisation is responsible".[18]

The Council of Government organises quarterly meetings of all ministerial-level officials.[18] In between sessions of the Council of Government, the Standing Committee of the Council of Government convened weekly.[18] It was composed of the Chairman, the First Deputy Chairman, deputy chairs, ministers and Head of the Office of Council of Government but not heads of state committees.[18] The First Deputy Chairman acted in the Chairman's place in his absence.[18] The deputy chairmen, like earlier, exercised supervisory and coordinating functions over the activities of the various ministries and state committees of government.[18] The decrees, decisions and significant issues decided upon by the Council of Government (or its Standing Committee) had to be signed by the Chairman to enter into force.[19] While resolutions, decisions, and instructions issued on less critical matters could be signed either the chairman or the first vice-chairman to enter into force.[19] Besides, an entire section of the law was devoted to the Office of the Council of Government.[20] This office was responsible for preparing the council's work, organising its meetings, and implementing the council's decisions.[20] The Head of the Office of the Council of Government was to report directly to the Chairman and the First Deputy Chairman and to conduct work on behalf of the council with the SPA and other organisations.[20]

The absence of a constitution made itself felt on the country's institutions.[21] Souphanouvong, the Chairman of the SPA Standing Committee, was elected Chairman of the SPA Constitutional Drafting Commission.[21] However, between 1975 and 1984 none of its work was made public.[21] In 1984 the SPA announced the creation of two Sub-committees of the Constitutional Drafting Commission.[21] The lack of an institutionalised structure led the party to bypass the state structures when making decisions.[21] For instance, the LPRP Secretariat bypassed the SPA.[21] It reshuffled the First Government in January 1982 breaching the law in the process.[22] No explanation has been given on why it took such a long time to write a constitution.[23] Vietnam approved a constitution four years after reunification, while the People's Republic of Kampuchea took two.[24] However, by the mid-1980s Laos began being influenced by the reform movement taking place in Vietnam and the socialist world more generally, called for elections to the SPA in 1988.[24] At the 1st Plenary Session of the newly-elected SPA party leaders said that the constitutional draft proposal was close to finished.[23] On 14 August 1991, the SPA adopted the first constitution of the Lao People's Democratic Republic.[24]

The new constitution changed the name of the office of Chairman of the Council of Government back to Prime Minister.[25] It reaffirmed the LPRP's role in society by defining it as the "leading nucleus" of the state.[26] The executive branch of government was strengthened.[27] Nonetheless, the Prime Minister's power was reduced, and the president's rose accordingly.[27] For instance, formerly the Prime Minister appointed provincial governors, but under the new constitution, the president did.[27] Under the new framework, the President had the right to appoint and dismiss the Prime Minister and ministers on the National Assembly's approval country's new legislature.[26] According to scholar Stephen T. Johnson the new presidency could be likened to the office of President of France during the Fifth Republic.[26] The Prime Minister was made responsible for guiding the work of the government ministries and committees, as well as provincial governors and mayors of municipalities.[28]

The constitution was amended in 2013 and 2015.[29] Amendments in 2013 were needed to "reflect the political and economic reality of contemporary Laos", and in 2015 it was to "respond to the Party's renovation policies and the country's development vision until 2030".[29] The 2015 amendments gave the National Assembly the power to appoint and dismiss the Prime Minister and the government.[30] It further removed the power of the President to appoint the Prime Minister.[30]

The Prime Minister leads the work of the Government, the executive branch of the state.[40] The Government is composed of the Prime Minister, the deputy prime ministers, ministers and chairman of the ministry-level organisations.[40] The Government's term of office is identical to that of the National Assembly, which has a maximum term length of five years.[40] No government official can hold one government office for more than two consecutive terms, meaning that an individual can serve as Prime Minister for a full ten years.[40] The sitting Government leaves office when the successor government has received the National Assembly's approval, and not before.[40] The Prime Minister can leave office during a term by resigning from office.[40] The assembly confirms the prime minister's resignation if he cannot perform his obligations.[40]

The constitution establishes the Government's duties and responsibilities.[40] The Law on Government clarifies the constitution, including extending the Government's rights.[40] Both documents state that the Government is responsible for implementing the Constitution.[40] The Government ensures the proper implementation of laws and resolutions enacted by the National Assembly. The same goes for decrees and the presidential edicts approved by the Standing Committee of the National Assembly.[40] The Government is empowered to submit draft laws to assembly, suggest draft presidential edicts to the assembly's Standing Committee and the President the Government has the right to submit draft presidential decrees.[40]

The Government has the right to issue decrees and resolutions on economic and social management, the administrative structure of the state, and management of science and technology.[40] The same rights apply to resources, environment, defence, security and foreign affairs.[40] With this in mind, the Government can establish socio-economic plans, the state budget and to submit these for consideration to the National Assembly.[40] The Government has the right to examine and question determinations, amendments and annulments passed by the National Assembly.[40] The same goes for assembly decisions on tax and the tax rate.[40] Based on this the Government can make recommendations to the National Assembly and its Standing Committee. It can also propose a fee and service charge to the Standing Committee.[40]

On the National Assembly's approval, the Government can establish, consolidate, separate and liquidate ministries, ministry-level entities, provinces and cities.[40] It can recommend changing the boundaries of cities and provinces to the National Assembly.[40] Similarly, it can recommend establishing, merging, separating or the liquidation of a sub-ministry, department or organisations corresponding to department-level.[40] On the proposal of a provincial governor or capital mayor the Government can establish or liquidate districts, municipalities, city and boundary determination of districts, municipalities and cities if it gets the approval of the relevant provincial People Assembly.[40] In the same spirit the Government can establish or liquidate Special and Specific Economic Zones.[40]

It is the Government's right, and responsibility to promote and disseminate the constitution and inform the people about the constitution and show reverence towards it.[40] Moreover its the Government's duty to implement the Constitution, and approved laws and regulations.[40] The Government is empowered to control and monitor sectoral organisations, local administrative structures and defence and security forces to safeguard the Constitution and approved laws and regulations.[40] Its the Government's responsibility to protect citizens in across the country uniformly.[40] Lawfully the Government has the right to make, enter into, interpret and implement international treaties which Laos has become a party.[40]

It is the Government's duty to protect the rights of citizens and citizens living abroad.[40] The Government is constitutionally empowered to award, withdraw, relinquish and re-acquisition citizenship. It can grant a foreigner the status of an honorary person. Moreover, the Government can propose to the Presidency the grant of amnesty.[40]

As the head of government, the Prime Minister summons the Government's meetings and presides over them.[40] More specifically, the Law on Government bestows the Prime Minister with the right to direct and control the Government's activities, and delegate work to ministries, ministry-level organisations, other organisations under Government supervision and local administrative structures.[40] Further, the Prime Minister has to safeguard the Constitution and guarantee the implementation of approved laws and resolutions.[40] The same goes for the Standing Committee of the National Assembly, in which the Prime Minister has the right to direct and monitor the implementation of resolutions, the five-year plan, the state budget plan, and Government regulations approved by the Standing Committee of the National Assembly.[40]

The Prime Minister has the right to change the composition of the Government.[40] The officeholder can propose the appointment, reassignment, and dismissal of a Deputy Prime Minister, government minister and head of the ministry-level organisation for consideration for approval to the National Assembly.[40] The same goes for lower-level officials; the Prime Minister can on the consent of the National Assembly appoint, reassign and remove a Deputy Minister, deputy head of the ministry-level organisation, head of a bureau, deputy head of a bureau, Assistant Minister, assistant head of a ministry-level organisation, head of a department, and head of a department-level organisation.[40] At the provincial and local level the Prime Minister has the right to propose the appointment and dismissal of provincial governors, provincial deputy governors, capital mayors, deputy capital mayor, city governor, head of a municipality, district governor for approval to the provincial People Assembly and the provincial Standing Committee of the People's Assembly in question.[40] In the military and security sector, the Prime Minister can promote or demote colonels and propose to the President the promotion or demotion of ranking generals.[40] The Prime Minister can propose the appointment of or recall from abroad of ambassadors and plenipotentiary representatives of Laos to the President.[40]

With the National Assembly's approval, the Prime Minister can approve, annul, and withdraw from participating in international treaties and international agreements of which Laos is a party.[40] To the National Assembly's Standing Committee the Prime Minister can propose the rectification of treaties of which Laos is a party and state-level international agreements.[40] Also the officeholder is empowered to assign a minister and head of a ministry-level organisation to represent the Government at meetings and execute agreements and treaties on behalf of the state with foreign countries.[40]

The Prime has the right to issue decrees, orders and decisions on implementing policies, laws, regulations and state plans. Likewise, the Prime Minister can issue decrees, orders and decisions on the establishing and operating of ministries, ministry-level organisations, local administrative structures and other government-level organisations.[40] In light of this, the head of government can temporarily prevent, terminate and annul decisions of a ministry, local administrative structures and organisations under Government supervision if they contradict laws and regulations.[40] The exception being the Public Prosecutor and People's Court's decisions on legal proceedings.[40] At last, the Prime Minister can, if he or she wishes, summarise and report on the government's operation to the National Assembly and President annually.[40]

Books:

• Brown, MacAlister; Zasloff, Joseph J. (1986). Apprentice Revolutionaries: The Communist Movement in Laos, 1930–1985. Hoover Institution Press. ISBN 0-8179-8122-5.CS1 maint: multiple names: authors list (link)
• John, Ronald Bruce St. (2006). Revolution, Reform and Regionalism in Southeast Asia. Routledge. ISBN 0-203-09947-8.
• Norindr, Chou (1982). "Political Institutions of the Lao People's Democratic Republic". In Stuart-Fox, Martin (ed.). Contemporary Laos: Studies in the Politics and Society of the Lao People's Democratic Republic. University of Queensland Press. ISBN 0-7022-1840-5.
• Stuart-Fox, Martin (2008). Historical Dictionary of Laos. Scarecrow Press. ISBN 978-0-81086-411-5.
• Stuart-Fox, Martin (1986). Laos: Politics, Economics, and Society. Lynne Rienner Publishers. ISBN 978-1-55587-004-1.

Journal articles:

• Bui, Ngoc Son (2019). "Constitutional amendment in Laos". International Journal of Constitutional Law. Oxford University Press. 17 (3): 756–86. doi:10.1093/icon/moz067.
• Creak, S. & Sayalath, S. (2017). "Regime Renewal in Laos: The Tenth Congress of the Lao People's Revolutionary Party" (PDF). Southeast Asian Affairs: 179–200. doi:10.1355/9789814762878-014.CS1 maint: multiple names: authors list (link)
• Creak, Simon (2011). "Laos: Celebrations and Development Debates". Southeast Asian Affairs: 107–128. doi:10.1355/9789814345040-010. JSTOR 41418640.
• Huxley. Andrew (1991). "The Draft Constitution of the Laotian People's Democratic Republic". Review of Socialist Law. Brill Publishers. 17 (1): 75–78. doi:10.1163/187529891X00037.
• Johnson, Stephen T. (January 1992). "Laos in 1991: Year of the Constitution". Asian Survey. University of California Press: 82–87. doi:10.2307/2645202. JSTOR 2645202.
• Stuart-Fox, Martin (1991). "The Constitution of the Lao People's Democratic Republic". Review of Socialist Law. Brill Publishers. 17 (4): 299–317. doi:10.1163/187529891X00244.

Report:

• Brown, MacAlister; Zasloff, Joseph J. (1995). "Chapter 4: Government and Politics". In Savada, Andrea Matles (ed.). Laos: a Country Study (PDF). Federal Research Division of the Library of Congress. pp. 203–52.CS1 maint: multiple names: authors list (link)