The Legal System of Lao PDR

The Law on Making Legislation (2012) and other relevant legislation establishes the legal system for developing and bringing legislation into legal force. The following summarizes key elements and procedures of the legal system in Lao PDR.

Hierarchy of Legal Norms

According to the Law on the Law Making Legislation (2012), Lao PDR legislation of general application consists of:

1. The Constitution;
    
2. Laws;
    
3. Resolutions of the National Assembly;
    
4. Resolutions of the Standing Committee of the National Assembly;
    
5. Ordinances of the President of the Republic;
    
6. Decrees of the Government;
    
7. Resolutions of the Government;
    
8. Orders and Decisions of the Prime Minister;
    
9. Orders, Decisions and Instructions of the Minister, Minister-Equivalent and Head of a Government Authority;  
    
10. Orders, Decisions and Instructions of the Provincial Governors and Capital Governor;
     
11. Orders and Decisions of the District and Municipality Chiefs; 
     
12. Village Regulations 

If the provisions of existing legislation and newly adopted legislation are inconsistent with the provisions of international conventions or treaties that Lao PDR is party to, the provisions of the international convention or treaty prevails.

Where a contradiction exists, legislation of the higher level shall be applied. 

If a contradiction of legislation at the same level exists, the later legislation shall be applied. If legislation at the same level contradicts each other, the provisions of specific legislation shall hold.

Entry into Force of Legislation

National and provincial legislation shall come into force at 12:00 AM after 15 consecutive calendar days following the day of publication in the Official Gazette. For district and village legislation, publication can be done either through the Official Gazette or through local media or in a way that people can access it easily.

In cases of urgency or necessary conditions, legislation shall be immediately effective from the moment it is issued, especially when required for enabling the Government to discharge its major duties for the protection of the lives, health or safety of individuals.

When legislation specifies a date for its entry into force that is later than the one determined by its publication, and as long as it has been duly published or posted for at least 15 consecutive days, the legislation shall be deemed to enter into force at 12:00 AM on the date specified in its provisions when it is expressed as a calendar day, or after the computation of the period stated in this legislation.

In case the day of the entry into force of the legislation happens to be a Sunday or an official national public holiday in the Lao PDR [or for local legislation the day of a local holiday or celebration], the entry into force of the legislation shall be deferred until the next working day.

Challenge of the Validity of Published Legislation

If a person or authority challenges the conformity of the published facsimile in the Official Gazette of the piece of legislation to the original version of the text mentioned in Article 80 of the Law on Making Legislation or asserts that there may exist a discrepancy in the content between the transmitted version of a piece of legislation and the text that is published, then only the text in the original document received by the Office of the Official Gazette under the procedures established in the Law on Making Legislation (2012) and relevant subsidiary legislation shall hold and have legal effect.

60-Day Public Consultation Period on Draft Legislation

Draft legislation may originate from the following authorities:

• The President of the Republic;
   
• The Standing Committee of the National Assembly;
   
• The Government Cabinet and line ministries;
   
• The People’s Supreme Court;
   
• The People’s Supreme Prosecutor;
   
• The Lao Front for National Construction and National Mass Organizations

The drafting team appointed by the authority in charge of a draft legislation is required by Law to post the draft on a website, on printed media or by other means to ensure that it is readily available to the public for a period of at least sixty days for comment, except for necessary cases and emergencies that may require urgent implementation. The publication shall contain the full text of the draft law, including its explanatory note and regulatory and budgetary assessment notes that assess expected impacts of the legislation.

Any individual, either Lao national or foreigner, or any legal entity or organization, is entitled without restraint to comment on draft legislation by sending comments or suggestions to the authority in charge of making that legislation during this 60-day comment period,

According to the Law on the Making Legislation, the drafting team may publish draft legislation on the Official Gazette website for public comment. In such case, the Official Gazette will only act as the repository of that draft legislation during the public comment period and all comments will be routed to the responsible drafting team.

You are welcome to submit comments after the official 60-day comment period, but there is no legal requirement for such comments to be taken into account by the drafters.