Part IV
Municipal Administration

Chapter I
Location, Role, Functions and Organization Structure

Article 32 The Municipality

     A municipality is a level of local administration which is in an urban area. It is the provincial capital where the Provincial/City Administration Offices are located. The urban centers of other districts can be upgraded to a municipality if they meet all of the criteria defined by law such as high population density; and socio-economic, political, cultural and public service development. A municipality is comprised of several villages.

Article 33 Role and Functions of Municipal Administration

     The municipal administration is local administration at the district level under the supervision of the Chief of Municipality.

     The role and functions of a municipal administration are to manage political, economic, socio-cultural affairs and human resources; protect/preserve and utilize natural resources, the environment and other resources; to plan and implement urban development and public services; to ensure peace and security, and cleanliness of the municipality; to engage in international relation activities assigned by the Province/City.

Article 34 The Organization Structure and Personnel in the Municipality

     The organization structure of the municipal administration is comprised of the following:

• The municipal administration Cabinet;

• Field offices of the line ministries, equivalent organizations, technical and service units.

     The personnel of the municipal administration include:

• the Mayor and Vice Mayor of the municipality;

• Chief and Deputy Chief of the municipal cabinet

• Head and Deputy Head of field offices; and staff of the municipal administration.
  
  

Article 35 Location, Role and Functions of the Municipal Administration Cabinet

     The municipal administration Cabinet is part of the organizational structure of the municipality. Its role is to support the Mayor in managing the municipality's activities; developing and supervising the implementation of plans and programs; drafting, researching and reviewing documents; collaborating and providing information to the relevant parties; monitoring the implementation of legal acts of higher level authorities and the municipality; and facilitating the operation of the municipality.

     Further details of the organization structure, personnel, authority and duties of the municipal administration Cabinet is outline by specific regulations.

Article 36 Location, Role and Functions of the Field Offices of the Line Ministries and Equivalent Organizations

     The field offices of the line ministries and equivalent organizations are part of the organizational structure of the municipal administration. The role of the field offices is to manage their own sector's responsibilities assigned by the province/city, field offices, equivalent organisation and technical and service units, implement legal acts of higher authorities, and socio-economic development plans of the province/city and municipality.

     Further details of the organization structure, personnel, authority and duties of field offices of the line ministries and equivalent organizations of the municipality are outline by specific regulations.

Chapter II
Creation of a Municipality

Article 37 The Creation of a Municipality

     The creation, abolition, division, merger or definition of land area of a Municipality is defined and proposed by the Governor or Mayor and approved by the Government.

Article 38 The Criteria for Creation

     The Provincial Capital is the municipality where the provincial/City administration offices are located. The urban centers of other districts can be established as a municipality if they meet the following criteria:

1. Has a population of at least 10,000 people. Exception to this criteria will be decided by the government;

2. Has a Developed economic, social, cultural area and a developed infrastructure system;

3. Has an ability to generate revenue to respond to necessary expenditures.
   
   
   

Chapter III
Role, Functions, Authority and Duties of the Municipality Mayor

Article 39 the Role and Functions of the Municipal Mayor

     The Mayor of Municipality is the Mayor of the administrative and representative of the municipality. S/he is responsible to the provincial/city to fulfill their role, authority and duties.

Article 40 The Authority and Duties of the Municipality Mayor

     The Chief of Municipality shall have following rights and duties:

1. To ensure the effective implementation of the Constitution, laws, rules of the state;

2. To convene and preside over municipal administration meetings;

3. To study, develop strategies, for municipality socio-economic development and budget plans;

4. To implement plans for: socio-economic development; the state budget; defense and security of the municipality; prevention of negative phenomena; monitoring and inspection of all municipal, provincial, city and central government investment projects being implemented in the municipality;

5. To facilitate and manage the organizations concerned to ensure the timely and accurate accounting of revenue in the municipality;

6. To motivate, promote and facilitate the participation of the Lao Front for National Construction, mass organizations, civil society organizations and all economic parties and ethnic people in the socio-economic development of the municipality;

7. To issue decisions, orders, instructions and notification other regulations in accordance with laws;

8. To implement citizen management in the municipality;

9. To suspend or cancel other legal acts of lower local administrations; or propose to higher level authority the cancel legal acts of higher local administration that do not support National laws and regulations;

10. To propose the creation and abolition of villages and any offices within the structure of the municipal administration;

11. To propose appointment, transfer or demote of the Vice Municipal Mayor, Chief, Deputy Chief of the Municipality Cabinet; To propose appointment or acknowledge an appointment of the Deputy Directors of the field offices of the line ministries and equivalent organizations in the Municipality.

12. To appoint, transfer or demote the heads, deputy heads of Units of the Municipality administration and other staff in accordance with the regulations; to approve the election or appointment of the Villages Chiefs;

13. To formulate, implement and supervise socio-economic, and cultural development plans; and manage security and order,

14. To develop and implement urban planning, maintain infrastructures, manage socio-cultural, sports and municipal service delivery including roads, electricity, water supply, markets, schools, hospitals, recreation facilities, sewage system, garbage collection, to protect river banks , to manage natural disasters, for instance, fire and flood; to clean and protect the environment, to provide public lights, parks and other amenities and facilities;

15. To manage and regulate building construction and other proposed developments according to the urban plan of the municipality;

16. To Manage the performance of the organization and personnel in accordance with their authority, include the supervision and reporting on performance of civil servants of line ministries;

17. To manage revenues and expenditures, properties, vehicles and other equipment of the municipality in accordance with regulations;

18. To consider, advise or resolve complaints, petitions and proposals from within civil service, relating to inappropriate behavior or unsatisfactory performance of staff or organization within the scope of their jurisdiction;

19. To regularly report the overall situation in the municipality to the Governor, Mayor;

20. To collaborate and cooperate with international organization as directed by province/city;

21. To assume other authorities and duties in accordance with the laws.
    
    

Article 41 Authority and Duties of Vice Municipality Mayor

     The Vice Municipality Mayor shall assist the Municipality Mayor and is also in charge of some functions which are given by the Municipality Mayor.

     In the case Municipality Mayor is unable to implement her/his duties for any reason, the Vice Municipality Mayor takes over.

Article 42 Appointment and Term of Office of the Chief and Vice Chief of Municipality

     The Municipality Mayor is appointed, transferred or demoted by the Prime Minister based on the proposal of the Governor/ City Mayor.

     The Municipality Mayor shall have a five - year term of office and can be reappointed for one more term in the same place.

     The Vice Municipality Mayor is appointed, transferred or demoted by the Governor/ City Mayor based on a proposal of the Municipality Mayor and shall have a five- year office term and may be reappointed.

Article 43 Revenues of municipality

     The revenues of the municipality are derived from the state budget, service charges/fees, local taxes, contributions from people and other revenues specified by regulations.

Chapter IV
Municipal Administration Meeting

Article 44 The Municipal Administration MeetingRegular

      Municipality administration meeting shall be held once a month and shall be convened and chaired by the Municipality Mayor. The participants of the Municipality administration meeting include the Vice Municipality Mayor, Chief of the Municipality Cabinet, Directors of field offices of the line ministries and equivalent organizations, Heads of technical and service Units. If necessary, the representatives of other concerned parties may be invited to attend.

      In cases where an emergency or urgent matter arises, the Municipality Mayor can call a special meeting.

      In each meeting, minutes of the meeting shall be recorded. The minutes shall be approved and signed by the Chairperson, and then distributed to the participants and concerned parties for implementation. In cases where there is a decision on important issues, a resolution of the meeting shall be prepared.

Article 45 The Agenda of the Municipality Meeting

     The agenda or topics to be considered and agreed upon in the district administration meeting should include:

1. Socio-economic strategy and development plans of the Municipality;

2. Municipality budget plan and annual budget amendments or adjustments;

3. Construction projects, improvement and maintenance of infrastructures and services of the municipality

4. Create/Abolition of villages and organization structure of Municipality to considerate by higher level authority ;

5. Consideration of investment projects in the Municipality

6. Draft legal acts of the Municipality;

7. Report on the implementation of planned activities of the Municipality;

8. Annual report to the Governor, City Mayor;

9. Local defense and security of the Municipality and international relation and cooperation;

10. Personnel management issues.

     The Municipality administration meeting may also discuss other important and necessary issues.