Lao People’s Democratic Republic
Peace Independence Democracy Unity Prosperity
The President Ref.316/P
Vientiane Capital, Date: 20.12.2017
Decree of the President
of the Lao People’s Democratic Republic
On the Promulgation of the Law on Judges
The President
The Lao People’s Democratic Republic issues the Decree:
Article 1 Promulgation of Law on Judges
Article 2 This Decree enters into force from the date of signature.
The President of Lao PDR
(Signature and Sealed)
Bounnhang Vorachith
Lao People’s Democratic Republic
Peace Independence Democracy Unity Prosperity
National Assembly Ref.067/NA
Vientiane Capital, Date: 10.11/.2017
Resolution of the National Assembly
on Certification of Law on Judges
With reference to Article 53, Section 1 of the Constitution of the Lao People’s Democratic Republic (Amendment 2015), and Article 11, Section 1 of the Law on the National Assembly (Amendment 2015).
After in-depth and broad Deliberation and Consideration of the contents of the Law on Judges by the National Assembly in 4th Ordinary Session of its 8th Legislature, on 10 November 2017.
The National Assembly Agrees that:
Article 1 The Law on Judges is certified.
Article 2 This Resolution enters into force from the date of signature.
President of the National Assembly
(Signature and Sealed)
Pany Yathotou
Lao People’s Democratic Republic
Peace Independence Democracy Unity Prosperity
National AssemblyRef. 35/NAVientiane Capital, Date: 10.11.2017
Law on Judges
Part I
General Provision
Article 1 Purpose
This Law defines the principles, rules and measures regarding the administration, mobilization, appointment, position determination, promotion, salary scales, allowance, transference, monitoring, inspection, evaluation, and position degradation in order to ensure that the judges are allegiance, qualified, integrity, ethic, and moral. It also ensures that the performance in judiciary and judgment are quick, transparent, correct, completed, and objective; and it aims to contribute for the orderliness, justice, civilization of the society and governs by Laws.
Article 2 Judges
Judges are judicial persons on behalf of the government, appointed by Standing Committee of the National Assembly.
Article 3 Definition
Terms used in this Law shall have the following meaning:
Article 4 Government Policy for Judges
The performance of judges are protected, administrated, supervised and evaluated by the government as specify in the laws. The conditions are created for the development of political attitude, ethics, morals, and upgraded technical knowledge, foreign languages, and appropriately exercise allowance policy in order to improve well-being of the judge and ensure successful performance.
Article 5 Basic Principles for Judges Administration
Judges Administration must be ensured by the following basic principles:
For the legal proceedings of the judges shall comply with the Civil Procedure Law, Criminal Procedure Law, and other relevant laws.
Article 6 Scopes of Application
This Law applies to the judges, committees, persons and related organizations in Lao PDR.
Article 7 International Collaboration
The Government promotes the collaboration with foreign countries, regional and international that relating to the tasks of the judge. The collaboration is focused on legal and justice, exchanging experiences, information and technology; training or seminar, upgrade knowledge and technical capacity in order to develop quality and to ensure fairness of the tasks; exercise international treaties and agreements that Lao PDR is a party.
Part II
Ranks, Standard, and Examination of the Judge
Chapter 1
Ranks and Standard of the Judge
Article 8 The Ranks of Judge
Judges are divided into four ranks:
Article 9 Forth Class Judges
Forth Class Judges are appointed by Standing Committee of the National Assembly from the proposal of the presidents of the Supreme People’s Court after passing the examination which specified in the Article 14 of this Law.
Article 10 Third, Second and First Class Judges
Third and Second Class Judges are respectively promoted from First or Second Class Judges by the President of the Supreme People’s Court with the agreement of the General Assembly of Judges.
First Class Judges are appointed by Standing Committee of the National Assembly from the proposal of the presidents of the Supreme People’s Court after passing the examination which specified in the Article 14 of this Law.
Article 11 Overall Standards of the Judge
The judge has overall standards as follows:
Article 12 Specific Standard of Forth Class Judges
Other than overall standards, Forth Class Judges also have specific standards as follows:
Article 13 Specific Standards of Third, Second and First Class Judges
Other than overall standards Third, Second and First Class Judges also have specific standards as follows:
Chapter 2
The Examination for becoming a Judge
Article 14 The examination for becoming a judge
There are two examinations: the examination for becoming First Class Judge and the examination for becoming a Forth Class Judge which presided by the examination committees.
Article 15 The criteria of examinees
The examinees whose apply for First Class Judges shall have the following criteria:
The examinees whose apply for Forth Class Judges shall have the following criteria:
Article 16 Examination Committees
Examination Committees comprise of:
Examination committee of First Class Judges is appointed by the President of Supreme People’s Court.
Examination committee of Forth Class Judges is appointed by the Standing Committee of the National Assembly.
Article 17 Rights and Duties of Examination Committee
Examination Committee has the following rights and duties:
Part III
Appointment, Rights and Duties, Promotion, Degradation, Transference, and Reshuffle of Workplace
Chapter 1
Appointment, Rights and Duties, Promotion, and Degradation
Article 18 Appointment of Judges
Judges are appointed by Standing Committee of the National Assembly from the proposal of the President of the Supreme People’s Court.
First Class Judges are appointed once. For Second and Third Class Judges are promoted from the regulations.
Persons whose pass the examination will be appointed by Standing Committee of the National Assembly from the proposal of the President of the Supreme People’s Court.
The procedures, the applications of Proposed Judges Appointment, the Announcement and Resolution of Judges’ Appointment ceremony shall comply with the Resolution of the President of the Supreme People’s Court.
Article 19 Rights and Duties of Judges
Judges have the following rights and duties:
Article 20 Promotion
First Class Judges are promoted to become Second Class Judges and Second Class Judges are promoted to become Third Class Judges by the President of the Supreme People’s Court from the agreement of the General Assembly of Judges.
Article 21 Degradation
Judges are degraded by Standing Committee of the National Assembly from the proposal of the President of the Supreme People’s Court.
Chapter 2
Transference and Reshuffle of Workplace
Article 22 Transference of Judges
Judges are transferred to another sector or area by Standing Committee of the National Assembly from the proposal of the President of the Supreme People’s Court.
In case of returning shall comply with the Article 37 of this Law.
Article 23 Reshuffle of Workplace
Judges are reshuffled workplace in the People’s courts system by the President of the Supreme People’s Court.
Part IV
Ethics, Morals, and Training
Chapter 1
Ethics, Morals, and the Responsibility of Judges
Article 24 Ethics of the Judge
Ethics of the judge comprise of:
The detail of each ethic of the judge shall be performed as the ethic of civil servants as specify in the Civil Servant Law.
Article 25 Morals of the Judge
The judge must provide justice to the litigants, perform the tasks with integrity, fairness, legally, and fact-based. In addition, the judges must strictly, carefully, completely and objectively in performing the tasks; persist with the dignity of Judicial Institute, avoid four cognitive biases such as: bias because of love or angry, desire, delusion and fear. Moreover, the judge shall behave good and be patience.
Article 26 the Responsibility of the Judge in legal proceedings and judgment
In legal proceedings and judgment the judge have the following responsibilities:
Chapter 2
Judges Training
Article 27 Training
There are three types of training:
Article 28 Basic Training
First Class Judges who are just appointed shall be trained on the basic of regulations and the tasks that his or her will perform, especially the process of studying the case files, gathering and analyzing evidence, preparing for the bench, trialing and controlling legal proceedings in court’s meeting, deliberating in the confidential room, writing and announcing the judgment in court’s meeting.
This training shall be conducted simultaneously with Political Theory and Public Administration Training.
Article 29 Regular Training
Judges must be trained on legislations, new or amendment laws, international treaties and agreements that Lao PDR is a party.
Regular training shall be conducted from the specified plan and curriculum which organized at the Research and Training Institute of the Supreme People’s Court or at the Local People’s Court.
Article 30 Irregular Training
Irregular training is organized for quality development of one particular topic in order to upgrade the specific quality of the judges.
Part V
Salary and Allowance
Article 31 Salary and Allowance of Administrative Position
The salary of judges shall comply with the Civil Servant Law.
The allowance of administrative position of judges shall comply with the governmental regulations.
For the salary and allowance of administrative position of judges in military court shall comply with the regulations of Ministry of Public Security.
Article 32 Allowance of Judicial Professional
The judges of People’s Court are received the professional allowance from the agreement of government which certified by Standing Committee of the National Assembly from the proposal of the President of the Supreme People’s Court.
Part VI
Article 33 Prohibition for judges
Judges are prohibited to act as follows:
Article 34 Prohibition for committees
The Committees are prohibited to act as follows:
Article 35 Prohibition for persons, legal entities or organizations
Persons, legal entities or organizations are prohibited to act as follows:
Part VII
Judges Administration and Protection
Chapter 1
Judges Administration
Article 36 Judges Administration
Forth Class Judges are administrated by Standing Committee of the National Assembly.
For Third, Second, and First Class Judges are administrated by the Supreme People’s Court and Standing Committee of Provincial People’s Assembly or Ministry of Public Security.
Judges administration is specified in the separated regulations.
Article 37 Re-position of the judge
Judges who are transferred to another sector when returning to the People’s courts, he or she will be certified again from the agreement of Standing Committee of the National Assembly which based on the proposal of the President of the Supreme People’s Court that agreed by the General Assembly of Judges without taking the examination.
Re-position of the judge is specified in the separated regulations.
For comparison of the ranks, and salary scales shall comply with the Article 31 and 32 of this Law.
Chapter 2
Judges Protection
Article 38 Judges Protection
The Judge of People’s courts are protected from vengeance, intimidation in public life, health, freedom, reputation, personal property or family.
The Judge will not be in legal proceedings or arrested, detained, imprison if the Standing Committee of the National Assembly or Standing Committee of Provincial People’s Assembly are disagreed.
In case if the judge is offence and urgently arrested, detained or imprison, the offers shall inform the President of relevant People’s courts for reporting immediately to Standing Committee of Provincial People’s Assembly or Standing Committee of the National Assembly in order to ask for the next proceedings; in case of arresting, detaining, imprisoning the judge of the Supreme People’s Court, must inform the President of the Supreme People’s Court and Standing Committee of the National Assembly.
In case of arresting, detaining or imprisoning the judge of military courts, the officer shall inform the president of relevant Military Courts for reporting to the Mister of Public Security and relevant leaders.
Article 39 Legal proceedings to the Judge
Other than comply with the Article 38 of this Law, the relevant officers who conduct legal proceedings to the judge shall comply with the Law on Criminal Proceedings and other relevant laws.
During the proceedings, the performance of the judge will be suspended by the agreement of the President of relevant People’s court and the Decision of Performance Suspended is effective from the date of signature.
Article 40 The restoration of Judges’ performance
The suspended performance of the judge is specified in the Article 39 of this Law and will be restored when he or she is acquitted by the decision of the court.
Part VIII
Monitoring, Inspection and Evaluation
Chapter 1
Monitoring and Inspection the Judge
Article 41 Monitoring and Inspection the Judge
Monitoring and inspection the judge is to monitor and inspect the technical performance and behavior of judges by the Monitoring and Inspection Committee of the Supreme People’s Court, the Local People’s Court, Standing Committee of the National Assembly or Standing Committee of Provincial People’s Assembly, Lao National Front for Development, and Mass Organization.
Article 42 Monitoring and Inspection Committee
Monitoring and Inspection Committee is appointed by the President of the Supreme People’s Court which comprise of Monitoring and Inspection Committee of the Supreme People’s Court and the Local People’s Court.
Article 43 Rights and Duties of Monitoring and Inspection Committee
Monitoring and Inspection Committee have the following rights and duties:
Monitoring and Inspection the Judge must be conducted at least once a year.
Article 44 Monitoring and Inspection Outline
Monitoring and Inspection have three following outlines:
Chapter 2
Evaluation of the Judge
Article 45 Evaluation of the Judge
Evaluation of the judge is an evaluation that relating to the performance and behavior of the judge comprise of rewarding and disciplinary which conducted by Evaluation Committee.
Article 46 Evaluation Committee
Evaluation Committee is appointed by the President of the Supreme People’s Court which comprise of Evaluation Committee of the Supreme People’s Court and the Local People’s Court.
Vice-President;
Article 47 Rights and Duties of Evaluation Committee
Evaluation Committees have following rights and duties:
Article 48 Evaluation Processes
Evaluation and rewarding shall be conducted at least once a year.
Disciplinary of the judge shall be performed as the disciplinary of civil servants as specify in the Civil Servant Law.
Part IX
Retirement Allowances and Judges Termination
Article 49 Retirement Allowances
Retirement allowances of judges shall comply with the Civil Servant Law.
The judge of People’s Court may continue their performance until sixty-five years of age and shall have following criteria:
Article 50 Judges Termination
Judges will be terminated by the following cases:
Part X
Judges Uniform, Insignia and Card
Article 51 Judges Uniform
There are two types of Judges’ uniform: court coat and official uniform of the court as specify in the People’s Court Law.
Article 52 Judges Insignia and Card
Insignia of Judges comprise of shoulder boards, collar patches, name plate and court logo as specify in the People’s Court Law.
Judges have specific card for official performance.
Part XI
Policies toward Persons with Outstanding Achievements and Measures against Violators
Article 53 Policies toward Persons with Outstanding Achievements
Judges whose strictly implement this Law with correctly and fairly decision and Judgment; Judges whose develop People’s Courts’ system to be efficient, transparency shall receive reward, praise and other policies in accordance with regulations.
Article 54 Measures against Violators
Judges that intently violates this law and other relevant regulations shall be re-educated, warned, disciplined, fined, in legal proceedings, penalized, and compensated the damage that have been occurred by his or herself depending on the degree of the violation.
Part XII
Final Provision
Article 55 Implementation
The Government, Standing Committee of the National Assembly, Standing Committee of Provincial People’s Assembly, and the Supreme People’s Court are implemented this law.
Article 56 Effectiveness
This law enters into force from the date of the issuance of the promulgating decree the President of the Lao People’s Democratic Republic and fifteen days after this law is published in the Official Gazette.
The National Assembly
[Signature and Seal]
Pany YATHOTOU