Draft Amendment of the Constitution of the Lao PDR Posted for Public Consultation

General Understanding of the Lao constitution

The Lao Official Gazette published the proposed draft amendment to the Constitution of the Lao PDR on 23 January 2025 (“Draft Amendment”), inviting public feedback and consultation. The most recent revision occurred in 2015, so the current Constitution has been in effect for a decade.

The Constitution of the Lao PDR is the supreme legislation of the country. It establishes the fundamental principles and framework for the government on making laws and regulations. Pursuant to Article 4 of the Law on Making Legislation No. 19/NA dated 12 July 2012, the hierarchy of legislation in the Lao PDR is as follows:

1. Constitution
2. Laws
3. Resolutions of the National Assembly
4. Resolutions of the Committee of the National Assembly
5. Edicts of the President
6. Decrees of the Government
7. Resolutions of the Government
8. Orders and decisions of the Prime Minister
9. Orders, decisions, and instructions of ministers and heads of governmental authorities
10. Orders, decisions, and instructions of provincial governors and mayors
11. Orders, decisions, and instructions of district administrators and heads of municipalities
12. Village rules

Therefore, in case of conflicting laws or other regulations, the Constitution takes precedence, ensuring that no statute, regulation, or policy can undermine the fundamental principles.

Changes

There are two notable changes under the Draft Amendment, as follows:

Local governance

The Draft Amendment aims to reorganize local administration by implementing a sub-district governance system and establishing governance committees at the capital/provincial, district, and sub-district levels, wherein the committee chairperson effectively serves as the head of that level of local governance; for instance, the provincial committee’s chairperson will be regarded as the provincial mayor or governor. 

The local governance administration follows a top-down approach. This will remain the case under the Draft Amendment, with the change coming in the addition of the sub-district level under the district level, resulting in the village management level being demoted to a community organization, and no longer part of the local governance administration.

The Draft Amendment also outlines the fundamental rights and responsibilities of the local governance administration.

People with Lao heritage

The Draft Amendment recognizes individuals of Lao descent residing in or holding foreign citizenship in other nations as members of the Lao national community, thereby allowing them the privilege to return and permanently reside in the Lao PDR.

Effective date

The amended Constitution of the Lao PDR is expected to come into effect in July 2025 and replace the 2015 version. After the Draft Amendment is finalized and receives two-thirds of the votes of the National Assembly, the President of the Lao PDR issues a decree to put the amended Constitution into effect, followed by its publication in the Lao Official Gazette to finalize the process.

We will keep you posted on any new information about the Draft Amendment or timing of when the amended Constitution will enter into effect. Should you have questions regarding this topic, please get in touch with the undersigned or your usual VDB Loi adviser.