Contents
Article 4.Scope of Application
Article 5.Principles in the Establishment and Operation of Associations
PART II:Types and Levels of Associations
Article 7.Types of Associations
Article 8.Levels of Associations
Article 9.National Level Associations
Article 10.Province or Capital Level Associations
PART III:Association Incorporating Regulations and Procedures
Article 12.Rules and Procedures in Applying for an Association’s Incorporation
Article 13.Association License Application
Article 14.Association’s Name, Office, Logo and Stamp
PART IV:Location, Mandate, Rights, Duties, Obligations and Restrictions of Associations
Article 17.Location and Mandate
Article 18.Rights and Duties of Associations
Article 19.Obligations of Associations
PART V:Organizational Structures
Section 2:Mandate, Rights and Duties of the Board
Section 3:Mandate, Rights and Duties of the Supervision Board
Section 4:Mandate, Rights and Duties of the Secretary General
PART VI:Members of Associations
Article 29.Members of Associations
Article 33.Advertising and increased Membership
PART VII:Meetings of Associations
Article 36.Extraordinary General Assembly
Article 38.Notice and Report of General Assembly
PART VIII:Merger, Separation, Dissolution of Associations and Organization Associations
Article 39.Merger and Separation of Associations
Article 41.Obligations of a Willingly Dissolving Association
Article 42.Organization of Federations of Associations
Article 43.Opening of Representative Offices or Branches
PART IX:Finance and Assets of Associations
Section 1.Finance of Associations
Article 44.Associations' Sources of Revenues
Article 45.Management of Associations' Revenues and Expenditures
Section 2.Assets of Associations
Article 46.Assets of Associations
Article 47.Management and Use of Associations’ Assets
PART X:Development of Associations’ Role and Government Policy towards Associations
Article 48.Promotion and Development of Associations’ Role
Article 49.Government Policy Towards Associations
PART XI:Management and Control of Associations
Section 1:Management of Associations
Article 50.Associations Management Agencies
Article 52 .Rights and Duties of Ministries and Line Authorities
Article 53.Rights and Duties of Province/Capital Administrative Authorities
Section 2:Control of Associations
Article 55.Associations Control Agencies
Article 56.Control of Associations
Article 59.Implementing Arrangements
Lao People's Democratic Republic
Peace Independence Democracy Unity Prosperity
Prime Minister's Office No. 115/PM
Vientiane, 29 April 2009
DECREE
ONASSOCIATIONS
-Referring to the Constitution of Lao PDR dated 6 May 2003;
-Referring to Law 02/NA dated 6 May 2003 on the Government of Lao PDR;
-Referring to the letter of proposal Ref. No. 53/PACSA dated 11 April 2009 of the Minister to the Prime Minister's Office, Chairperson of the Public Administration and Civil Service Authority,
The Prime Minister of Lao PDR issues the following decree:
General Provisions
This Decree sets the rules and regulations governing the establishment, operation and management of associations registered as legal entities in Lao PDR for the purposes of:
1.Promoting the Lao people's rights of freedom, creativity and ownership in the organization of associations aiming at national protection and development;
2.Providing references to individuals or organizations intending to set up their associations;
3.Providing references to government organizations concerned in managing, facilitating and encouraging lawful activities by associations, promoting associations' contributions towards socio-economic development and poverty eradication, as well as countering and restricting activities affecting national stability, social order and individual rights of freedom.
Article 4.Scope of Application
This Decree is applicable specifically to incorporated associations only and hasno effect on the following organizations:
-Lao Front for National Construction;
-Lao Federation of Trade Union;
-Lao National Federation of Veterans;
-Lao Women's Union;
-Lao People's Revolutionary Youth;
-Friendship associations with different countries;
-Religious organizations;
-Funds;
-Foundations.
The above organizations, un-incorporated organizations and associations of foreign residents and aliens operating in Lao PDR will be subject to separate rules and regulations.
Article 5.Principles in the Establishment and Operation of Associations
Associations are set up and operate on the basis of the following principles:
1.Voluntary adherence or resignation from an association without constraints or duress;
2.Permanent operation in accordance with the association's charter;
3.Self-management and liability for the association's activities before the law;
4.Financial self-sufficiency;
5.Non-profit seeking activities;
6.Transparency, openness, democracy and equality.
The incorporation of any association requires the following conditions are met in full:
Membership requirements for associations operating within specific regions, sectors, professions or localities will be considered on a case by case basis.
Types and Levels of Associations
Article 7.Types of Associations
Associations in Lao PDR include:
1.Economic associations;
2.Professional, technical and creative associations;
3.Social Welfare associations;
4.And others.
Article 8.Levels of Associations
Associations are classified into three levels:
1.Associations operating at the national level;
2.Associations operating at province or capital level;
3.Associations operating at district or municipality or village level.
Article 9.National Level Associations
National level associations are associations registered and operating throughout the country or in parts covering several provinces and/or capital.
Article 10.Province or Capital Level Associations
Province or capital level associations are associations registered and operating within a specific province or the capital.
Article 11.District or Chief-Town or Village Level Associations
Associations operating within a district or chief-town or village are associations registered and operating within a specific district or chief-town or village only.
Association Incorporating Regulations and Procedures
Article 12.Rules and Procedures in Applying for an Association’s Incorporation
Associations are incorporated under the following rules and procedures:
1.Upon appointment of the mobilization committee by the association's founder, the authoritative agency is to be notified as outlined in Article 50.1 and Article 50.3 of this Decree for consideration;
2.The mobilization committee is required to file proper and complete documentation as required under Article 13 of this Decree to the province governor, capital mayor or President of the General Department of Public Administration and Civil Service for approval subject to recommendations from the relevant ministries or line authorities concerned;
3.Within 30 days from the receipt of the association's incorporation documentation, the registration authority shall issue a temporary license or reject the incorporation;
4.Upon receiving a temporary license, the mobilization committee prepares and carries out a statutory general assembly;
5.The mobilization committee is dissolved automatically as the association's general assembly elects its board;
6.The association will be automatically incorporated upon issuance by the licensing agency indicated in Articles 50.1 and 50.3 of this Decree of a decision adopting the association's charter.
Article 13.Association License Application
The mobilization committee is required to file the following documentation in full:
1.Association incorporation application;
2.Draft charter of the association;
3.Personal history, certificate of residence, police record, diplomas of the mobilization Committee's members;
4.List of individuals or organizations enrolled voluntarily with the association;
5.Certification of the association's office.
Article 14.Association’s Name, Office, Logo and Stamp
1. Name
The association’s name shall be in Lao, clear, understandable, void from any impolite language and if required, may be translated into a foreign language.
2. Office
The association’s office shall be set up in Lao PDR under lawful freehold or leasehold title.
3. Logo
Associations are authorized to have their own logos.
4. Stamp
Associations have their own stamps authorized by the relevant government organizations in the sizes and forms set out under relevant laws and regulations.
Mobilization Committees elaborate their associations' charter in line with the Government's policy guidelines and legislation. Upon approval by the association's general assembly, charters are submitted to the authoritative agencies. Charters of associations outline the following principal matters:
1.Name of the association;
2.Office location;
3.Logo (if any);
4.Objectives, scope and field of the association's activities;
5.Principles underlying the association's organization and activities;
6.Standards and criteria for each type of member;
7.Rights and obligations of each type of member;
8.Rules on membership and termination of membership;
9.Organs or officers entitled to grant or terminate membership;
10.Organizational structures of the association;
11.Mandates, rights, procedures on the election, appointment and dismissal of the executive and control boards, secretary general and members;
12.Finance and assets of the association;
13. Merger, separation and dissolution rules and procedures;
14. Awards and disciplinary sanctions;
15. Charter improvement, amendment and addition rules and procedures;
16. Complaint and complaint resolution rules;
17. Effectiveness of the association's charter.
Within 90 days from receiving the association’s license, the mobilization committee shall prepare and organize an assembly to present the association’s incorporation license, deliberate over the association’s charter, elect the executive and control boards, approve the association’s work plan and resolution of the statutory assembly.
Within 30 days from the assembly’s closing date, the association’s executive board is required to send a report on the assembly’s outcome, minutes of the executive and control boards’ election, draft charter of the association, work plan and resolution of the statutory assembly to the authoritative agency indicated under Articles 50.1 and 50.3 of this Decree for information and consideration.
Within 60 days from receiving the association’s “draft” charter, the authoritative agency will examine and approve or disapprove the association’s charter. In the event the charter may not be approved, the authoritative agency shall provide clear and complete explanations in writing to the relevant association.
Associations’ charters are formally in effect and force from the date the authoritative agency issues a decision of approval.
Location, Mandate, Rights, Duties, Obligations and Restrictions of Associations
Article 17.Location and Mandate
An association is a civil society organization which mandate is to build solidarity and mutual assistance between members and extend assistance to the society; protect the legitimate rights and interest of the association, its members or the community; participate in national construction and development, and poverty eradication.
Article 18.Rights and Duties of Associations
Associations have the following rights and duties:
1.Operate in line with the Government's policies, laws and regulations, and their charters;
2.Widely publicize their objectives;
3.Protect the legitimate rights and interest of their associations, members or Communities,
4.Accept new members or dismiss members from their associations, train and upgrade their members' skills and knowledge;
5.Provide advice and recommendations, report and verify equity issues in their fields or sectors of activities in line with the laws and regulations;
6.Carry out economic activities under the laws and regulations;
7.Cooperate with foreign parties and international organizations as approved by the licensing agency and within the scope permitted by the laws and regulations;
8.Exercise other rights and perform other duties set out in the associations' charters and in the laws and regulations.
Article 19.Obligations of Associations
Associations have the obligation to:
Associations are subject to the following restrictions:
1.They are forbidden to abuse rights of freedom in setting up associations or the status of associations to act in Contravention with the Constitution and laws.
2.Any acts threatening national stability, security and social order, other persons' rights of freedom and the fine national, local and ethnic traditions are forbidden;
3.Undermining the national, collective and individual interest is forbidden;
4.Any acts conducive to the undermining of national, local and ethnic solidarity are forbidden.
Organizational Structures
Staff
Staff of associations includes:
-Executive Board;
-Supervision Board;
-Secretary General;
-And other officers stipulated in the associations' charters.
Mandate, Rights and Duties of the Board
An association's executive board is an organ elected by the association's assembly and which mandate is to guide all activities and decide over the association's main affairs between 2 sessions of the general assembly.
An association's executive board has the right and duty to:
1.Examine and set necessary measures to execute the assembly's resolution;
2.Examine and approve the association’s annual work plan and budget and set enrolment and membership fees, and other revenues and expenses of the association;
3.Consider and decide the organizational structures, appointments of the heads and deputy heads of the association’s technical divisions;
4.Elect members of the permanent members of the Executive Board (if necessary) and the Supervision Board of the association;
5.Elect, appoint or dismiss the president, vice-president, secretary general, members of the permanent board (if any), approve the nomination of the control board’s president, appoint or dismiss heads of the association’s organs;
6.Support and supervise activities of the permanent board and organs of the association;
7.Exercise association
Mandate, Rights and Duties of the Supervision Board
The Control Board is an organ elected by the association's assembly. Its role is to assist the association's executive board in controlling all activities carried out by the association to ensure their compliance with the association's charter and the laws and regulations.
The Control Board's main rights and duties include:
1.Carrying out routine control and control in the event of breach to the association's charter or work procedures;
2.Controlling the elaboration and implementation of resolutions of the assembly, executive board and permanent board (if any);
3.Control the management and expenses of their associations;
4.Examine and settle complaints, petitions and requests from members within the scope of their rights;
5.Execute other rights and perform other duties stipulated in the association's charter.
Mandate, Rights and Duties of the Secretary General
An association’s secretary-general assists the president of the association’s executive board and is elected by the executive board to administer, support routine activities of the association and organizations under the association’s management. Furthermore, the secretary-general is also in charge of specific areas of activities assigned by the president of the executive board.
The secretary general of an association is vested with the rights and duties to:
The Secretary-General Office is a permanent support organ of the association providing support to the executive board in the management and administration of the association's activities.
Members of Associations
Article 29.Members of Associations
Members of associations include:
1.Ordinary members;
2.Supporters;
3.Honorary members.
Ordinary members are organizations or Lao citizens that acknowledge the associations’ charters, willingly enrol and fulfil all ordinary membership eligibility criteria set out in the associations’ charters.
Ordinary members’ rights, obligations, admission or termination of membership are governed by the associations’ charters.
Supporters are organizations or Lao individuals that acknowledge the associations’ charters, willingly enrol, participate and contribute to associations but do not meet membership eligibility criteria in full under the associations’ charters or do not yet intend to enrol as ordinary members.
Supporters have similar rights and obligations as ordinary members but have no rights to elect and be elected to positions within the executive board, Control Council, Secretary-General and to vote on matters relating to associations.
Admission or dismissal of supporters is regulated by the associations’ charters.
Honorary members are representatives of organizations or Lao citizens of recognized role, personality, social standing having previously contributed to the associations’ activities and invited as honorary members of such associations.
Article 33.Advertising and increased Membership
Each association's advertising and increased enrolment must be notified in Writing to the accrediting agency and local administrative authorities.
Meetings of Associations
An association holds the following meetings:
1.General Assembly;
2.Extraordinary General Assembly:
3. Executive Board Meeting.
The General Assembly of an association is the association's supreme organ that is held in the form of general assembly of members or general assembly of members' representatives as may be stipulated in the association's charter.
Sessions of the general assembly are held as stipulated in the association's charter, but no later than within five years from the previous session. In the event a general assembly may not be held, the President of the Board is required to provide the reasons in writing to the government organizations concerned.
Article 36.Extraordinary General Assembly
An association holds an extraordinary general assembly in the circumstances stipulated in its charter or at the request from over half of its members or at least two-thirds of the board members.
Rules and voting procedures at meetings are stipulated by the association’s charter.
The Board meets as prescribed by the association’s charter and in any case once a year to review the previous year’s activities and develop the following year’s work plan.
Article 38.Notice and Report of General Assembly
Prior to a general assembly, the Board is required to apply for the authorization and notify in writing the agenda and identity of the Board’s Chairperson or Vice Chairperson to the accrediting agency within 30 days prior to the date proposed for the general assembly. Upon completion of the general assembly, its outcome shall be reported to the licensing agency within no later than 30 days.
Merger, Separation, Dissolution of Associations and Organization
Associations
Article 39.Merger and Separation of Associations
A merger between associations into a single association or separation of an association into several associations shall be carried out consistently with such associations' charters on the basis of the consent of such associations and their members, and with the licensing agency's approval.
An association will dissolve in any of the following circumstances:
1.Expiry of the operating term stipulated in its charter;
2.At the requirement of over half of its members;
3.Attainment of objectives stipulated in its charter;
4.Dissolution by decision of the government for failure to operate over a period of over 12 months, expiry of operating term without the association initiating its dissolution or upon gross violation of the laws or the association's charter.
A dissolved association's duties and rights lapse from the date the General Department of Public Administration and Civil Service or province/capital administrative authorities cancels the association's license.
Article 41.Obligations of a Willingly Dissolving Association
The association’s executive board is required to prepare and forward the following documents to the General Department of Public Administration and Civil Service (in the case of national associations) or to the province/capital administrative authorities (in the case of province, capital, district and chief-town associations):
Article 42.Organization of Federations of Associations
Article 43.Opening of Representative Offices or Branches
Associations may open representative offices or branches subject to the approval of local administrative authorities and organizations concerned.
Finance and Assets of Associations
Finance of Associations
Article 44.Associations' Sources of Revenues
Revenues are obtained by associations from different sources:
1.Membership fees;
2.Donations by local and foreign individuals or entities in compliance with the laws and regulations;
3.Income generated from their activities;
4.Other lawful sources of revenues.
Article 45.Management of Associations' Revenues and Expenditures
Associations shall manage their revenues and expenditures in compliance with their charters and the relevant laws and regulations.
Gross overhead costs may not exceed 25% of the associations' planned expenditures.
Assets of Associations
Article 46.Assets of Associations
Associations’ assets include buildings, land, vehicles, equipment and other assets obtained through contributions by members, purchases, donations, grants from individuals, organizations, local and foreign persons or the government.
Article 47.Management and Use of Associations’ Assets
Development of Associations’ Role and Government Policy towards Associations
Article 48.Promotion and Development of Associations’ Role
The Government promotes and develops associations’ roles as follows:
1.By guaranteeing the citizens’ right of freedom in setting up associations in line with the laws and regulations;
2.By setting favourable conditions for associations' activities and by protecting the legitimate rights and interest of associations and their members;
3.By encouraging associations' open and transparent activities and their sustainable development;
4.By promoting the role of associations operating in the sectors of education, health, sciences and techniques, sports and environment,
5.By enacting laws and regulations as reference for associations' activities and to promote their sustainable growth.
Article 49.Government Policy Towards Associations
The Government applies the following policy towards associations:
1.Constantly increasing transfer of public services to associations with detailed measures to encourage and promote associations in undertaking public services, social aid and poverty reduction;
2.Authorization to receive donations in cash and in kind from local and foreign individuals, entities and organizations in accordance with the laws and regulations;
3.Tax reduction or exemption for associations in compliance with the relevant laws and regulations;
4.Facilitation, recommendation and assistance through ministries, agencies, line and local administrative authorities concerned to support associations' efficient activities in line with the Government's policies, guidelines and legislation.
Management and Control of Associations
Management of Associations
Article 50.Associations Management Agencies
The Government centralizes associations’ unified and countrywide management through the following agencies:
1.The General Department of Public Administration and Civil Service of the Prime Minister’s office;
2.Ministries and line authorities concerned;
3.Province/capital administrative authorities.
Article 51.Rights and Duties of the General Department of Public Administration and Civil Service of the Prime Minister’s Office
The General Department of Public Administration and Civil Service at the Prime Minister’s Office is vested with the following rights and duties:
1. Draft and submit policies and laws on associations to higher authorities for consideration and enactment in conjunction with agencies concerned;
2. Advertise, disseminate and advise on the implementation of policies, laws and regulations relating to associations;
3.Examine and consider authorizing the incorporation, merger, separation or dissolution of associations indicated in Article 9 of this Decree;
4.Monitor, control, inspect the organization and activities of associations indicated in Article 9 of this Decree;
5.Advise ministries, central equal ranking agencies and province and district administrative authorities on the management and control of associations' activities;
6.Examine and resolve complaints, petitions and requests within the scope of its rights.
Article 52 .Rights and Duties of Ministries and Line Authorities
Ministries and line authorities are vested with the following rights and duties:
1.Examine and provide opinions on proposed incorporation, merger, separation and dissolution of associations relating to fields and sectors of activities under their preview;
2.Advertise, disseminate and advise associations on the implementation of policies, laws and regulations relating to their activities;
3.Advise, facilitate, monitor and supervise the alignment of associations' activities with their activities and role;
4.Propose accrediting agencies or the Government to award associations with prominent achievements in contribution to development and social assistance in sectors under their preview.
Article 53.Rights and Duties of Province/Capital Administrative Authorities
Province/capital administrative authorities are vested with the following rights and duties:
1.The General Department of Public Administration and Civil Service coordinates with ministries and line authorities concerned prior to authorizing the incorporation, merger, separation and dissolution of associations indicated in 2. 3. 4. Article Ministries operating Administration Province/capital concerned separation Decree;
2.Ministries and line agencies concerned report the activities of associations operating in their territories and sectors to the General Department of Public Administration and Civil Service;
3.Province/capital administrative authorities coordinate with the line agencies concerned at the province level prior to authorizing the incorporation, merger, separation and dissolution of associations indicated in Articles 10 and 11 of this Decree;
4.Departments concerned report the activities of associations operating in their sectors to the local administrative authorities.
Control of Associations
Article 55.Associations Control Agencies
Agencies entitled to control associations include:
1.Associations managing agencies indicated in Article 50 of this Decree;
2.Audit agencies;
3.State audit agency.
Article 56.Control of Associations
Associations control agencies have the duty to control the organization and activities of associations within the scope of their respective rights as follows:
Awards and Penalties
Associations or members with prominent achievements in sustaining their associations’ beneficial actions and merit and the nation will be awarded under various forms as stipulated by the associations’ charters and the Government’s policies
Associations or members breaching this Decree or other laws and regulations relating to associations will be warned, educated, subject to disciplinary measures, fines or legal action according to nature of their acts.
Final Provisions
Article 59.Implementing Arrangements
Ministries, central agencies, local administrative authorities and local civil society organizations shall acknowledge and strictly abide by this Decree.
The General Department of Public Administration and Civil Service at the Prime Minister's Office is in charge of the implementation and issuance of detailed recommendations in furtherance of this Decree.
This Decree enters into effect within one hundred and eighty days from the date it is signed in view of providing ministries, central agencies, local administrative authorities and associations time for preparation of implementing conditions. Any decisions and rules inconsistent with this Decree are superseded.
Associations incorporated and operating prior to this Decree's date of effectiveness shall file complete documentations as required under Article 13 of this Decree with the accrediting agencies as stipulated under Articles 50.1 and 50.3 of this Decree to apply for their re-incorporation within ninety days from this Decree's date of effectiveness
Prime Minister of Lao PDR
Bouasone Bouphavan