Guidelines on Formulation of Decisions by the Chairman of the Provincial Governor Committee

Article

Lao People's Democratic Republic
Peace, Independence, Democracy, Unity, Prosperity
Champasak Province
Provincial Administrative Committee No.: 914/PAC.CP

Guidance
On the Formulation of Decisions of the Chairman of the Provincial Administrative Committee

To: Various departments and equivalent agencies at the provincial level.

Subject: Guidance on the formulation of decisions with general binding effect of the Chairman of the Provincial Administrative Committee.

- Pursuant to Articles 10 and 11 of the Law on Local Administration (amended), No. 75/NA, dated March 20, 2025.
- Pursuant to the Law on Legislation, No. 06/NA, dated November 16, 2021.
- Pursuant to Articles 14 and 15 of the Law on the Provincial People's Assembly (amended), No. 57/NA, dated March 28, 2024.
Pursuant to the letter of the Provincial Justice Department No. 320/ພຍທ, dated December 8, 2025.

The Chairperson of the Provincial Governance Committee issues the following guideline:
1. Purpose
This guideline aims to elaborate certain chapters and articles of the Law on Legislation, specifically regarding the creation of agreements with general binding force by the Chairperson of the Provincial Governance Committee, to make them easy to understand, serve as a reference for provincial departments and equivalent agencies in researching and drafting agreements correctly in accordance with the procedures stipulated by law, ensure uniformity, guarantee strictness and sanctity in their implementation for state management and socio-economic management, and be able to respond to the needs of the multi-ethnic Lao people.
11. Guidance on the Formulation and Amendment of Provincial Governor's Decrees
The drafting of a provincial governor's decree shall follow these steps:
- Develop a plan for drafting the decree;
- Draft the decree;
- Review the consistency of the draft by the provincial justice department;
- Consider the draft by the provincial administrative body;
- Consider and adopt the draft by the provincial people's council;
- Sign and promulgate by the provincial governor.

1. Formulation of the Plan for Drafting Provincial Governor's Decrees
The provincial governor assigns to provincial departments and equivalent state agencies to research and submit annual and semi-annual plans for drafting decrees, within the scope
Own responsibility; Researching and formulating an agreement plan (policy agreement) must follow these steps:
- Research and data investigation;
- Preliminary impact assessment regarding the formulation of the agreement;
- Drafting documents, proposing the agreement formulation plan (policy formulation agreement);
- Coordination and consultation on the proposal to formulate the agreement;
- Research, review, and consolidation of the proposal to formulate the agreement by the Justice Department;
- Consideration of the proposal to formulate the agreement by the Provincial Governance Committee;
1.1 Research and data investigation
Provincial departments, bureaus, and equivalent state agencies that will formulate the agreement must research, collect, and investigate actual data occurring within the province to serve as a basis
Agreement (policy transmission) is carried out through the following process: summarize, evaluate the implementation of laws and regulations related to the main content of the existing agreement, as well as the social situation; if necessary, the responsible agency can request the relevant organization to summarize and evaluate the implementation of regulations in the field under its responsibility that are related to the content of the proposed agreement.
- Research, investigate data, protocols, conventions, and international treaties to which the Lao PDR is a party and which are related to the content of the agreement. If necessary, the responsible agency can request the relevant organization or individual to provide documents and information related to the draft agreement.
- Preliminary impact assessment regarding the proposal to draft an agreement

Decide to be responsible
for developing the plan

Provincial departments, divisions, equivalent state agencies proposing to draft an agreement
Preliminary impact assessment of the content of the proposal to draft an agreement (assessment of the policy impact of drafting the agreement) in accordance with the Ministry of Justice's Agreement No. 517/MOJ dated February 7, 2014 on the assessment of the impact of draft legislation.

1.3 Preparation of documents for proposing to draft an agreement (policy for drafting the agreement)

After completing research, data investigation, and preliminary impact assessment regarding the proposal to draft an agreement (policy for drafting the agreement), the following documents must be prepared:
- The document proposing the agreement must clearly state the problem and its causes, the objectives to be achieved, and the methods to solve the problem (in accordance with Article 14 of the Law on Provincial People's Assemblies (Amended), No. 57/PPA, dated June 28, 2024).

- The preliminary impact assessment must clearly state the problem to be solved, the objectives to be achieved, the expected impacts, and the mitigation measures.

- Coordination and consultation can be carried out by organizing discussion meetings or sending the draft agreement document to relevant departments for comments, or by using other appropriate methods.
- The consultation of opinions must create specific questions for each target to be consulted, by highlighting the problems that have arisen, the impacts caused by such problems, and the methods for solving the problems, in order to make the content of the proposal for creating an agreement (policy for creating an agreement) consistent and appropriate with the problems that have arisen.

- After completing the coordination and consultation of opinions from relevant parties, the department proposing the draft agreement must submit the plan for drafting the agreement to the Provincial Justice Department for research, review, and compilation, attaching the following documents:
- The document proposing the creation of the agreement (policy for creating an agreement);
- The impact assessment report of the proposal to create the agreement;
- The summary of opinions obtained from the consultation.
1.5 Research, review and compilation of proposals for the issuance of agreements by the Provincial Justice Department:

After receiving the proposal documents for the issuance of agreements from the departments, divisions, and equivalent state agencies at the provincial level, which have completed the research and planning for the issuance of agreements by the Chair of the Provincial Administrative Committee, the Provincial Justice Department shall research, review, compile and coordinate with the Provincial Finance Department, the Justice and National Defense and Security Committee of the Provincial People's Council, and other relevant organizations to study the proposal for the issuance of agreements, focusing on the following issues:
- The necessity of issuing the agreement, objectives, scope of adjustment of the agreement;
- Consistency of the content of the proposal for the issuance of the agreement with the party's guidelines, resolutions, policies, constitution, and laws;
- Methods for solving problems and feasibility of solving problems;
- Estimate the content of the proposed agreement;
- Conditions for ensuring implementation of the agreement, costs of organizing implementation according to the administrative regulations of the proposed agreement;
- Compliance with procedures and regulations for proposing the agreement;
If it is deemed necessary, through research, based on the issues raised above with sufficient reason, the Provincial Justice Department must proactively consolidate the agreement-making plans of various departments, divisions, and provincial-level equivalent state agencies into the annual and monthly agreement-making plans, and report to the Provincial Administrative Committee.

1.6 Consideration of the proposal to create an agreement by the Provincial Administrative Committee
After receiving the report on research, inspection, and compilation of the proposal for drafting agreements of the Chairman of the Provincial Administrative Committee from the Provincial Justice Department, the Provincial Administrative Committee must consider the reasons and necessity for each issue proposed to be drafted into each agreement. In case it is deemed unnecessary, it must notify in writing the departments, bureaus, and state agencies equivalent to provincial departments that proposed the drafting of the agreement for official acknowledgment. In case the Provincial Administrative Committee considers that the proposal for drafting an agreement is necessary to resolve arising issues or sees that certain aspects of the plan for drafting agreements need improvement, the Provincial Administrative Committee must review jointly with the Provincial Justice Department, the department...
The departments, divisions, and equivalent organizations at the provincial level shall complete the revision; the submission of the draft agreement to the Standing Committee of the Provincial People's Assembly must include the following documents:
1) A letter proposing the plan for drafting the agreement from the Provincial Governance Committee;
2) A proposal for drafting the agreement (policy for drafting the agreement) from the department that proposes the agreement;
3) An impact assessment report of the proposal to draft the agreement;
4) A review and summary report from the Provincial Justice Department.
After the responsible committee completes the revision, it must report the revision of the agreement drafting plan to the Provincial Governance Committee for submission to the Standing Committee of the Provincial People's Assembly for consideration and approval of each agreement drafting plan.
2. Drafting of the agreement by the Chair of the Provincial Governance Committee
After receiving the plan and the resolution of the provincial People's Congress on approving the plan for drafting the agreement, all departments, divisions, and organizations equivalent to departments at the provincial level shall implement the following steps:
1) Appoint a responsible committee;
2) Collect, research, and analyze data;
3) Write the content of the draft agreement;
4) Seek comments.
2.1. Appointment of the committee responsible for drafting the agreement
The Chairman of the Provincial Governance Committee appoints the committee responsible for drafting the agreement of the Chairman of the Provincial Governance Committee, with the Vice Chairman of the Provincial Governance Committee as the head of the committee, heads of relevant departments, divisions, and heads of state organizations equivalent to departments at the provincial level directly involved as deputy heads, and includes representatives from the Provincial Justice Department and relevant parties.
As a committee, with a secretariat to assist.
22. Collection, research and investigation of data
The appointed responsible committee must pay attention to collecting data for analysis and research of important data as follows:
- Policies and regulations related to the agreement;
- Implementation status of other regulations related to the draft agreement;
- Current economic and social realities, the state of social relations related to the main content of the draft agreement;
- Treaties to which the Lao PDR is a party and foreign experiences.
2.3. Writing the content of the draft agreement
The committee responsible for drafting the agreement must write the draft agreement according to the structure that has been agreed upon.
Unify with the provincial justice department, and the content must be clear, explicit, concise, compact, using words with definite meaning, easy to understand, and implementable. In case of using technical or specialized terms, there must be an explanation of the terms in the draft agreement. After completing the initial draft of the agreement, the responsible committee must present the draft agreement to the head of the agency responsible for drafting the agreement for consideration and guidance.

2.4. Consultation on the draft agreement

To ensure the principles of legislation and to synthesize and gather opinions from all sectors of society and the multi-ethnic people living within Champasak province, consultation
Agree to the draft agreement, implement as follows:

- Send the draft agreement and targeted questions to the Provincial Finance Department, Provincial Foreign Affairs Department, Provincial Organization Committee, Provincial Office, District/Municipal Office, and relevant provincial and district/municipal departments for comments, to be submitted in writing to the Drafting Committee within fifteen (15) days from the date of receipt of the draft agreement.

- The Drafting Committee must organize meetings for discussion and consultation, and publish the full content of the draft agreement along with the explanatory note on the website of the Provincial Governance Committee or through other media for thirty (30) days to allow the public and all sectors to provide comments.
- Bring the draft agreement to consult with the Lao multi-ethnic people at the district/municipal level through various forms (in accordance with Article 15 of the Law on Provincial People's Councils (amended), No. 57/PPC, dated June 28, 2024).

- The committee responsible for drafting the agreement must collect comments and then consider and revise the draft agreement.

- After soliciting comments and completing the revision, the agency responsible for drafting the agreement must submit the draft agreement together with the explanatory memorandum to the Provincial Justice Department for technical review of legislative drafting and legal consistency of the draft agreement at least sixty (60) days before the opening of the regular session of the Provincial People's Council. The review of legal consistency of the draft agreement shall be conducted by the Provincial Justice Department.
Provincial Justice Department. :

The Provincial Justice Department will receive any draft agreement submitted by the responsible drafting agency for legal compliance review, which must be accompanied by the following complete documents:
- Submission letter of the responsible drafting agency;
- Explanatory note of the draft agreement:
- Policy for drafting the agreement;
- Policy impact assessment;
- Draft agreement;
- Detailed questions and other documents related to the legislative process.
The legal compliance review of the draft agreement must be thorough and comprehensive, focusing on the consistency of the draft agreement with policy, the Constitution, laws, treaties, gender equality; necessity, appropriateness, and impact on administrative procedures and
Legislative techniques, such as the arrangement of parts, sections, and articles of a draft agreement, shall be completed within fifteen (15) days from the date of receipt of the draft agreement.

In case any issue is unclear, the Provincial Justice Department must provide written comments and send them to the agency responsible for drafting the agreement for reconsideration, and then return the said draft agreement to the Provincial Justice Department within forty-five (45) days from the date of receipt of the comments.

In reviewing the draft agreement, there must be participation of representatives from the Justice and National Defense-Security Committee and other relevant committees of the Provincial People's Council, and the Provincial Administration Office, to monitor the drafting of the said agreement.
In the case where the draft agreement is deemed to have complete content, basically, the Provincial Justice Department will coordinate with the committee responsible for drafting the agreement and relevant parties to revise and edit for consistency before submitting the said draft agreement to the Provincial Administrative Committee.

Accompanying documents for submitting the draft agreement to the Provincial Administrative Committee are as follows:
- Certification of review by the Provincial Justice Department;
- Proposal for the draft agreement;
- Policy for drafting the agreement;
- Policy impact assessment;
- Draft agreement;
- In-depth questions and other documents related to legislation.

4. Consideration of the draft agreement by the Provincial Administrative Committee
After receiving the draft agreement along with all relevant documents, the provincial office must study the policy, unresolved issues, guidance issues, and include them in the agenda of the provincial governance committee meeting, and must send the draft agreement to the participants of the provincial governance committee meeting at least five days (5 days) before the opening of the provincial governance committee meeting. The provincial governance committee meeting will consider the draft agreement only on unresolved issues, guidance issues, and options for solving problems; then the responsible committee must coordinate with the provincial justice department to revise and finalize according to the meeting's conclusions. After completing the revision and finalization, the responsible committee must report in writing.
Document: On revising and arranging the draft agreement, submit to the provincial office for presentation to the Chairman of the Committee

The Provincial Administrative Committee shall submit to the Provincial People's Council Standing Committee at least sixty days (60 days) before the opening of the regular session of the Provincial People's Council.

+ The submission of the draft agreement to the Provincial People's Council Standing Committee must include the following documents:

- The covering letter of the provincial administrative body;
- The draft agreement;
- The explanatory memorandum of the draft agreement;
- The impact assessment report of the draft agreement;
- The questions and related documents in the formulation of the draft agreement.

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After the regular session of the Provincial People's Council has adopted the agreement, the relevant committee must coordinate with the Committee for Justice and National Defense-Security
Peace, the committee responsible for drafting the agreement and relevant parties revise the draft agreement according to the opinions of the meeting and the guidance of the meeting chairperson. The Standing Committee of the Provincial People's Assembly sends the resolution of the meeting on the adoption of the agreement, along with a submission to the Chairperson of the Provincial Administrative Committee for consideration and signature within twenty (20) days from the date of adoption by the regular session of the Provincial People's Assembly. The Chairperson of the Provincial Administrative Committee considers signing and promulgating the agreement within fifteen (15) days from the date of receipt of the agreement. The agreement of the Chairperson of the Provincial Administrative Committee shall take effect after official registration for fifteen (15) days.
Assign the Provincial Department of Justice to take the lead in coordinating with provincial departments, divisions, and equivalent agencies to research, understand, and organize the dissemination of this guideline widely;
2. Provincial departments, divisions, and equivalent agencies shall acknowledge and strictly, effectively, and efficiently implement this guideline;
3. In the implementation of this guideline, if there are difficulties or unclear issues, coordinate with the Provincial Department of Justice and the committee drafting the agreement to report and seek guidance from the Chairman of the Provincial Administrative Committee for timely resolution.
Effectiveness.
This guideline shall take effect from the date of signing.
On behalf of the Provincial Administrative Committee:
Unrecognizable content