MINISTRY OF FOREIGN AFFAIRS
PRESS DEPARTMENT
VIENTIANE
TEL 414038

FAX: 414009

NUMBER 05 / 1997

VIENTIANE, 9 MAY 1997.

Distinguished members of diplomatic corps and international organizations in the Lao PDR,
Ladies and gentlemen,

Today I am extremely pleased and honoured to be entrusted by the President of the National Assembly to brief you, members of diplomatic corps and international organizations accredited to the Lao People's Democratic Republic, on the results of the Tenth Ordinary Session of the National Assembly (Third Legislature). May I take this opportunity to express my sincere thanks and appreciation to all of you for taking your valuable time to attend this briefing.

Distinguished guests,

As you know, the National Assembly held its Tenth Ordinary Session for the beginning of this year, from 28 March to 12 May 1997, and it was concluded with splendid success.

Since this is an Ordinary Session for the beginning of the year, as is normal practice, we did not invite foreign guests, members of diplomatic corps and international organizations accredited to Laos to attend the session. What we did previously was to hold only a press conference to inform our guests of the results of the National Assembly session. I hope you will forgive me for the delay in holding this press conference.

On this occasion, I would like to inform you of the following results:

I. WHAT WAS DISCUSSED AND ADOPTED AT THE TENTH ORDINARY SESSION OF THE NATIONAL ASSEMBLY (THIRD LEGISLATURE)?

This session discussed and adopted new laws and amended an existing law. At the same time, it discussed a number of domestic affairs of the National Assembly:

This session discussed and adopted the following new laws:

• Law on Land;
• Law on Mining;
• Law on Land Transportation; and
• Law on Electricity

The National Assembly assessed its activities over the past six months and set forth its plans for the last six months of 1997. The discussion concentrated on two main issues:

• striving to accomplish  the political tasks of the Third Legislature of the National Assembly, since this is the fifth final year of its term; and
• taking all round preparation for the election of members of the Fourth Legislature of the National Assembly in late 1997.

II. WHAT ARE THE BASIC CONTENTS OF THESE ADOPTED LAWS? A. LAW ON LAND.

Before the establishment of the Lao People's Democratic Republic, we thought that there would be no major problems in managing and using the land, because Laos has a large land mass and low population density. We therefore did not develop a detailed policy regarding the land.

After the foundation of the Lao People's Democratic Republic, particularly after the ten years of the renovation process, the Lao People's Revolutionary Party and the Government of Laos have ,clearly recognized, he importance of the land. issue, "considering · it a major issue directly involved the basic interest of the Lao people of all strata; it is the nation's precious natural resource, providing necessary conditions and a place to live for the, Lao people; it also serves as a basic means for the, social and economic development of the country".

Based on this consideration, our Party and Government consider the issue of land use and management of paramount importance. We have drawn experiences from various countries concerning the management and use of land and have taken them as our reference .for the management and use of. land in the entire country. :This is why we have set forth a policy and developed legal-documents regarding the management, and use of land. Before the adoption of this Land Law, our Government laid down a number of decrees, namely: Decree No 129/PM of 18 November, 1979 concerning the management of land and houses of people who fled the country and those who were sent for reeducation; .Decree No 22/PM of 21 March 1989 concerning the management and use of :land for agricultural development; and Decree No. 99/PM of 19 December 1992 concerning land.

These government decrees are important legal documents of the State for the management and use, of land which have contributed to national development, ,thus ensuring the fundamental rights and legitimate interests of the Lao people of all ethnic groups have been preserved.

In order to respond to the needs of the renovation process and as a result of implementation of these decrees,: ,in the past few years our government began to study and pr pose a draft Law on Land. for the National Assembly's consideration and adoption.

The National Assembly noted that the draft Law on Land was a new, and important law and considered it a fundamental characteristic of the economy equivalent to a "land . constitution". The National Assembly therefore took considerable time to study the contents of the draft law until it was improved to ensure that it guaranteed the rights and interests of people of all ethnic groups and that it conformed with the market economy mechanism as well as the ' development of regional and international economic cooperation. Taking all these aspects into account, the National Assembly discussed and adopted this law at this Ordinary Session.

The Law on Land contains six parts, fourteen chapters and eighty six articles. I would now like to brief you some of the concepts and basic principles of the Law on Land:

1. OWNERSHIP OF LAND

The law provides that "land is the property of the Lao national community". Why is land defined as "the property of the Lao national community"?

Land belongs to the national community because:

(1) Land within the sovereign right of the Lao People's Democratic Republic which includes the surface, underground, territorial waters and airspace is the result of the arduous and protracted struggle filled with great sacrifices of the Lao people of all ethnic groups from successive generations until the present.

(2) Land within the Lao People's Democratic Republic is the Lao nation's precious natural resource, providing places for living and generating income for the Lao people of all ethnic groups. The land is therefore considered the property of the Lao national community.

(3) Land within the Lao People's Democratic Republic serves as the fundamental means for the social and economic development of the nation.

(4) As land is defined as property of the Lao national community, in real terms it defines the rights to selfmastery of the country of the Lao people of all ethnic groups. The definition is correct and is in conformity with the reality of the situation in the country, with the history and the nation's traditions as well as the aspirations of our people.

2. MANAGEMENT OF LAND

The law provides that the "State represents the centralized and unified management of land in the entire country". The State here refers to the government, various sectors of the central organ and the local administrative authorities.

The State has the following rights of land management:
1. surveying and defining land;
2. land mapping;
3. measurement and valuation of land;
4. zoning of land area;
5. classification of land (including land reserved for the purposes of agriculture, forestry, residential, industrial, communication, cultural, national defense, security, water resources, and unused land);
6. establishing the Master Plan of Land;
7. setting a plan for land use;
8. inspecting and approving the plan for land use;
9. registration of land leases;
10. creating a register of lease documents;
11. transferring leases;
12. issuing land leasing documentation;
13. transferring, renting and leasing of land;
14. inspecting land sites; and
15.the withdrawal and reclamation of land.
The State authorizes the transfer of the right to use land to Lao citizens, families and various organizations for their long term use for living, generating income and conducting productive activities and businesses aimed at turning our natural subsistence economy into a market economy, transforming Laos into a prosperous and strong country as well as creating a life of affluence for the Lao people of all ethnic groups and bringing about justice and civilization to our society.

3. RIGHT TO USE LAND, AND OTHER RIGHTS AND INTERESTS.

The law provides that "the State guarantees the right to use and maintain an interest in land of people who have been authorized a long term use of land including the rights to use, to protect, to achieve gains, to transfer the right of land use and to inherit the land in conformity with the law of the country". However, each right needs to be covered further by detailed regulations and policy so as to implement this law effectively.

The general policy of our Party and Government is to encourage all Lao citizens, families and organizations to use land for their productive activities and businesses in accordance with their own conditions and capabilities, but they are not allowed to buy and sell the land.

The State will allocate the use of land by families and productive business organizations as well as other organizations according to their capabilities based on conditions and disadvantages concerning the land in each locality and region so as to appropriately define the land use rates.

The law provides opportunity for all Lao citizens to be allocated land as follows:
(1 ) for residential construction: not more than 800 square meters for each member of a family;
(2) land for rice farming and fish raising: not more than 1 hectare for each labourer in a family;
(3) land for industrial plants: not more than 3 hectare for each labourer in a family;
(4) land for fruit tree plantation and other plants: not more than 3 hectare for each labourer in a family; and
(5) land for animal raising: not more than 15 hectares for each labourer in a family.

The allocation of land in different categories is based appropriately on conditions and the land use capability of each person and the land available in each locality and region.

4. RIGHT OF ALIENS STATELESS PERSONS AND FOREIGNERS WHO COME TO INVEST OR GENERATE INCOME IN THE LAO PDR.

The law provides that "the State will authorize aliens, stateless persons and foreigners to lease the land in the Lao People's Democratic Republic for the purpose of living, generating income, investing and operating businesses aimed at contributing to the social and economic development of the Lao People's Democratic Republic".

The average duration of leases mentioned above is not more than 30 years, but the term of the lease can be extended on a case-by-case basis:

• land leased for building residences: 30 years maximum with a possible extension
• land leased for investment and business activities, based on the scale of each project: 50 years maximum with a possible extension
• land leased as part of a specific economic zone: 75 years maximum
• land leased for diplomatic purposes and international organizations: 99 years maximum or as otherwise provided by agreements reached between the two governments.

5. MARKING LAND FOR OWNERSHIP AND THE PURCHASE AND SALE OF LAND.

The law sets forth certain measures regarding the prohibition of self-claiming land ownership and its purchase and sale: "all acts of illegal marking and buying and selling land done before or after the promulgation of the Constitution have been abolished ".

The inclusion of these preventive measures is aimed at abolishing the haphazard practice of self-claiming land ownership and the subsequent sale of land. It is also aimed at preventing the transfer of the right to land use for undeveloped land.

6. LAND WHICH WAS OFFERED BY REVOLUTIONARY ADMINISTRATIVE AUTHORITIES TO PEOPLE OF ALL ETHNIC GROUPS AND PRIVATE OR ORGANIZATIONS' LAND PRESENTED TO THE STATE FOR MANAGEMENT.

The law provides that land which was presented by revolutionary administrative authorities to the people of all ethnic groups for income generation and the construction of residences, before and after the establishment of the Lao People's Democratic Republic, is legally binding. Previous owners of the land are prohibited from reclaiming the land.

Former private or organizational owners of land who gave their land to the administrative authorities or the State for management are not allowed to reclaim the land.

7. LAND BELONGING TO PEOPLE WHO LEFT THEIR ORIGINAL PLACES OR WHO FLED THE COUNTRY.

The law provides that people who left their original homeland during the time of the national democratic revolution and those who fled the country have lost their rights to use their former land. Former owners or their agents are prohibited from reclaiming the land.

The above are the major principles of the Law on Land. The law will come into force only after the State order has been promulgated by the President of the Republic and following the release of the Decree of the Prime Minister and other instructions as well as detailed regulations worked out by the various sectors concerned. The most important issue for now is to encourage people of all ethnic groups and organizations to become familiar with the contents of the law to bring the Law on Land into practice.

B. LAWS ON MINING LAND TRANSPORTATION ELECTRICITY.

The Law on Mining comprises eight chapters and sixty four articles. It establishes rules for mining businesses and sets regulations for undertaking both occupational and unoccupational mining activities. The maximum term for leasing land for mining purposes is 30 years.

The Law on Land Transportation comprises eight chapters and forty eight articles. The law aims to regulate the management of goods and their transportation both domestically and internationally; to enhance land transportation business activities; to set rules for specific transportation within domestic business networks or other specified activitiactivities; set regulations for private transports for specific any private works; and to set regulations for both internal and international transportation aimed at increasing international cooperation in land transportation.

The Law on Electricity comprises twelve chapters and fifty six articles. The law sets rules for the management of electricity-related activities and other energy resources for the purpose of national development, improving the living standards of our people and ensuring the preservation of our environment. The law defines which organizations have authority to approve different sized electricity projects:

• large-scale electricity projects are to be approved by the National Assembly
• medium-scale by the government
• small-scale by local administrative authorities and
• micro-scale by village administrative authorities.

The law also provides that the maximum term of a lease for land for hydropower development is 30 years which can be extended by the Government.

C. AMENDED LAW ON THE ELECTION OF MEMBERS OF THE NATIONAL ASSEMBLY.

The amended law has ten chapters and forty articles. The previous had eleven chapters and 37 articles.

The amendments aim to implement the Law on the Election of Members of the National Assembly, ensuring the development of rights and the democracy of Lao citizens in their voting and their rights to stand for election.

The fundamental principles of this law remain the same, such as the general principles, and the principles of equality, direct voting and a secret ballot.

The amendment deleted one of the previous chapters which dealt with the use of a budget in the election, added some new articles and merged repeated articles into a single one so as to make the law clearer.

All the issues I have raised reflect the position, contents and major principles of the new laws and amendment. I hope that my briefing will help you to understand the laws that have been adopted by our National Assembly.

Apart from the consideration and adoption of the laws mentioned above, our National Assembly has also expressed its high appreciation and sincere thanks for the support and assistance given by governments and peoples throughout the world and international organizations to the Lao People's Democratic Republic, thus making important contributions to the development of our country.

If you are interested in raising any questions which are not clear enough to you please feel free to do so.

Finally, on behalf of the National Assembly, I wish you all good health, long life and great success.

Thank you for your attention!

Copyright © 1997 by the Lao Embassy, Washington D.C. All Rights Reserved.