| Parliament name (generic / translated) |
Sapha Heng Xat / National Assembly |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
|
| Start of the mandate |
· From the opening session of the legislature or from the session following the election in the case of MPs elected to fill a vacancy (Art. 47 of the Law on the National Assembly of the Lao PDR, Art. 2 (1) of the Regulations on the Organisation and Functions of Members of the National Assembly in conjunction with Art. 4 (1) of the Law on the National Assembly of the Lao PDR) |
| Validation of mandates |
· No validation |
| End of the mandate |
· On the day when the newly elected Parliament meets (Art. 47 (1) of the Law on the National Assembly of the Lao PDR, Art. 2 (1) of the Regulations on the Organisation and Functions of Members of the National Assembly in conjunction with Art. 4 (1) of the Law on the National Assembly of the Lao PDR) |
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 19 of the Regulations of the Organisation and Functions of Members of the National Assembly)
· Procedure: written request addressed to the competent authority
· Authority competent to accept the resignation: National Assembly during the sessions; the Standing Committee of the National Assembly in the interim |
| Can MPs lose their mandate? |
Yes |
(a) Revocation before expiry of mandate by the electors (Art. 4 (2) of the Constitution of 15.08.1991, Art. 18 to 21 of the Regulations of the Organisation and Functions of Members of the National Assembly, Art. 5 of the Electoral Law of the National Assembly of the Lao PDR)
(b) Definitive exclusion from Parliament by the latter on conviction of criminal offences (Art. 16 (4) of the Regulations on the Organisation and Functions of Members of the National Assembly; see Parliamentary inviolability-Waiver of immunity-Procedure)
(c) Death (Art. 19 of the Regulations of the Organisation and Functions of Members of the National Assembly) |
| STATUS OF MEMBERS |
| Rank in hierarchy |
|
| Indemnities, facilities and services |
· Diplomatic and official passport (Art. 12 and 13 of the Regulations on the Organisation and Functions of Members of the National Assembly)
· Basic salary (Art. 50 of the Law on the National Assembly of the Lao PDR, Art. 17 of the Regulations on the Organisation and Functions of Members of the National Assembly): LAK 50,000
· No exemption from tax
· Pension scheme calculated on the basic salary (100 % to 25 % in accordance with seniority)
· Other facilities:
(a) Secretariat/assistants (Rules 26 and 27 of the Rules on the National Assembly Session Proceedings; Regulations on the Organisation and Functions of the Office of the National Assembly; Regulations on the Organisation and Functions of the National Assembly Members Office)
(b) Official housing
(c) Official car
(d) Postal and telephone services
(e) Travel and transport
(f) Others |
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 14 and 16 (1) of the Regulations on the Organisation and Functions of Members of the National Assembly).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate. |
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 51 (1) of the Constitution, Art. 51 (1) of the Law on the National Assembly of the Lao PDR, Art. 16 (1) of the Regulations on the Organisation and Functions of Members of the National Assembly).
· It applies to criminal and civil proceedings, covers all offences with the exception of particularly serious offences or minor offences and protects MPs from arrest and from being held in preventive custody, from the opening of judicial proceedings against them and from their homes being searched.
· No derogations are foreseen.
· Parliamentary inviolability does prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided from the start to the end of the mandate. It does not cover judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted (Art. 51 (1) of the Constitution, Art. 51 (1) of the Law on the National Assembly of the Lao PDR, Art. 16 (1) of the Regulations on the Organisation and Functions of Members of the National Assembly):
- Competent authority: the National Assembly or the Standing Committee of the National Assembly (between sessions)
- Procedure (Art. 51 (2) of the Constitution, Art. 51 (2) of the Law on the National Assembly of the Lao PDR, Art. 16 (2) to (4) of the Regulations on the Organisation and Functions of Members of the National Assembly. In this case, MPs must be heard. They do have means of appeal.
· Parliament can subject the prosecution and/or detention to certain conditions:
- Competent authority: the National Assembly or the Standing Committee of the National Assembly
- Procedure: majority vote
· Parliament can suspend the prosecution and/or detention of one of its members:
- Competent authority: the National Assembly or the Standing Committee of the National Assembly
- Procedure: majority vote· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament. |
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by the National Assembly. |
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings, committee meetings, and political seminars (Art. 48 (3) of the Law on the National Assembly of the Lao PDR, Art. 9 of the Rules on the National Assembly Session Proceedings, Art. 4 (3) and 5 (1) of the Regulations on the Organisation and Functions of Members of the National Assembly).
· Penalties foreseen in case of failure to fulfil this obligation: admonitions
|
| Discipline |
· The rules governing discipline within Parliament are contained in the Law concerning the Discipline in Parliament
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system. However, see Revocation before expiry of mandate by the electors and Definitive exclusion from Parliament by the latter for the committal of criminal offences. |
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
Compare data for parliamentary chambers in the Mandate module
