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Instructions to Decree PDF Print
Article Index
Instructions to Decree
Chapter 5 - Rights and Benefits
Chapter 12 - Promotion of ranks, grades
Chapter 19 - Public administration
ທັງໝົດໜ້າ

Lao People's Democratic Republic

Peace Independence democracy Unity Prosperity

Prime Minister's Office

Ref. No. 508/PMO
Vientiane , 10 October 2003

Instructions
Concerning the Implementation of Prime Minister's Decree No.82/PM
Dated 19 May 2003 on the Public Service Regulations of Lao PDR

After the promulgation of Prime Minister's Decree No.171/PM dated 17 November 1993 concerning the public service regulations on the classification of rank and grade of public service dated 11 November 1993 for the last 10 years, public service has undergone improvements and development by adopting uniform management system throughout the country facilitating the organizations in the planning, employment, transfer, promotion, capacity building and application of policies.

Nevertheless, weaknesses are observed in public service in the past and some issues remain pending which were the main causes of lax application of public service regulations on the one hand and on the other hand the content of the previous public service regulations was not complete and sufficiently strict.

To pursue the strengthening of public service and address the weaknesses and pending issues of the past, Prime Minister issued Decree No. 82/PM concerning the public service regulations of Lao PDR dated 19 May 2003. Basically, the fundamental content of the previous regulations are kept untouched while some provisions, articles are added, improved more clearly and strictly.

Therefore, as a reference for the implementation, Prime Minister Office issues the following instructions:

I. Objectives

  • For better understanding of directives, guidelines and policies of the government concerning the public administration in the new era;
  • To advise, explain some contents of the Decree more clearly for better understanding and uniform implementation;

II. Additional Instructions to some contents of Decree No.82/PM
1. General Provisions (Chapter I)

1) Public servants of Lao PDR defined in Article 2 include the people employed, appointed in the organization of the Party, Government, Lao National Front for Construction, Mass Organization at central, provincial and district levels and in overseas representative offices of Lao PDR.

2) Government employees without public servant status constitute of employees in administrative positions levels 1,2,3 and 4 as defined in Article 2 of Decree No.173/PM dated November 11, 1993 concerning the definition of civil administrative position of Lao PDR; non-Party member of Parliament, soldiers, police, employees of state-owned enterprises and employees-under-contract;

3) Employees-under-contract are the people employed in the organization of the Party, government, Lao National Front for Construction and Mass Organization at central and local levels based on contracts; the recruitment of employees-under- contract is based on the quota allocated by the government. The duration of the contract is based on the agreement between the parties; the organization responsible for the management of employee-under-contract is the Department of Organization and Personnel of concerned organization; the salary of employees-under-contract is to be applied based on the regulations of Ministry of Finance and each organization has to plan for the need of Employee-under- contract on yearly basis;

4) Public administration principles of Lao PDR as defined in the Article 4 which is to be centralized and uniformly implemented throughout the country means the administration under the same regulations on the basis of division of level of administration i.e. the division of responsibility between the central (Prime Minister's Office), sectoral (Ministries, Ministry-equivalent organizations, Presidential Office, Party organizations, Lao National Front for Construction, People's Court, Supreme Court) and local levels (provincial and districts).

5) The selection, the selection test and the recruitment defined in Article 4 is the selection, selection test and the recruitment of Lao Nationals for public service the process of which has to abide by the equity principles meaning that every Lao citizen has the equal opportunity to apply for the selection; “open” means dissemination of information about different processes; “objectivity” means in conformity with the reality, collegial decision; “fair” means in conformity with the regulations and the principles;

 

2. Ranks, grades and professional groups of public servants (Chapter 2)

Ranks, grades and professional groups of public servants defined in Article 5 through Article 7 have the following meaning:

  1. Public servants classified under rank I and II are called: administrative assistants. Public servants of rank I are the graduates or having certificate of completion of Upper Secondary School downward; public servants of rank II are the ones having certificate of completion of first level of vocational education. Example: typist, driver etc...

  2. Public servants of rank III, IV and V are called: technical staff graduated from middle-level technical education upward.

  3. Public servants of Lao PDR constitute of many professional sectors; each sector constitutes of many professional groups; for example: agriculture, livestock, veterinary, irrigation etc...

3. Management positions and work positions of public service (Chapter 3)

1) The classification of management positions of public service is defined in Article 2 of Decree No.173/PM, dated November 11, 1993 concerning the definition of management positions of civil service of Lao PDR for the positions in the category 5 through category 10 until further change.

2) For the work positions of public servants, instructions No.0472/PM dated September 30, 2003 concerning the positions are to be applied.

4. Obligations and duties of public servants (Chapter 4)

Additional instructions to be applied for the obligations and duties of public servant defined in Article 10 through 21 are the following:

  1. Obligations and duties of public servants defined in Article 16 are meant for those employed as public servant within the first 5 years before being accepted for a permanent position in the concerned organization. Newly employed public servant has to carry out their duties in the grassroots/district level or village level for at least 2 years to get practical experiences along with the learned theory.

  2. Transferring public servants to carry out their duties in the grassroots level should be based on local requirements and adequate needs of relevant sector. To address these issues, relevant ministry, sector should make adequate decisions as to how to carry out those obligations. The implementation should be based on the plan and under detailed collaboration with relevant local authorities; the execution of this obligation could be done anytime within the first 5 years of service.

  3. Ministries and sectors are responsible for salary, compensation and other policies while local authorities are responsible for the operations and provision of accommodation for public servants transferred to perform their duties in the localities according to the local capacity.

  4. For public servants having received scholarship from the government or from international organizations assisting Lao PDR for in-country or overseas study, following procedures are applied prior and subsequent to the study:
  5. •  Before the study, relevant ministry, sector or local authority must advise the candidate to write application form, take an oath and to get endorsement from guarantors. After completion of the study, he/she has to continue the public service and abide strictly by the state regulations.

    •  After completion of the study, he/she has to continue the public service for at least a period double the duration of the study. In case he/she wishes to resign from public service, the relevant public servant has to pay back to the state the amount double of what he/she has received.

    •  In case of impossibility of pay back, relevant discipline committee shall invite the public servant and the guarantor(s) for discussion and measures according to the rules of law will be applied; in case a non-governmental organization wishes to employ that person, that organization is accountable to pay back to the government equivalent to the amount of scholarship received without any special policies.

  6. Concerning the declaration of assets, liabilities of public servants, their spouse and children as defined in Article 19, it is aimed at public servants in the levels 5 to 10 and all public servants working with the collection of revenue for the national treasury.

    The declaration of assets and liabilities are under the direct responsibility of Ministries, organizations and localities and are to be conducted once a year according to the form issued by the Prime Minister's Office.

    The inventory of assets and liabilities are to be kept confidential; only relevant organizations and organizations dealing with the investigation are eligible to know and shall not be disclo

  7. Public servants officially transferred to work and receiving regular salary from international organizations or from projects both domestic or overseas are entitled to pay income tax according to the rules of Law by the usual financial body of their organization.

    Relevant organization or local authority will inform the Ministry of Finance to cancel the payment of salary of the relevant public servant; while the already budgeted salary transferred to the account of the relevant Ministry, organization or localities has to be returned to the national treasury budget.



Last Updated on Wednesday, 10 March 2010 14:55
 

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