Decree of the Prime Minister relating to the transformation of State land use right and ownership on houses, vehicles and essential household equipment into Government personnel ownership and use right

Lao People's Democratic Republic Peace Independence Democracy Unity Prosperity Prime Minister's Office Decree of the Prime Minister relating to the transformation of State land use right and ownership on houses, vehicles and essential household equipment into Government personnel ownership and use right No 194/PM • With reference to the spirit of the Government meeting of the month ofMay 1994 concerning the solutions to the problems of salary, houses, equipment and vehicles for Government's cadres and personnel; • With reference to the proposals made by the Minister ofFinance and of the research committee on policies for the transfer of State ownership and use right on land, houses, vehicles and equipment to the Governments cadres and personnel; The Prime Minister issues a Decree as follows: Article 1: Make the transformation of a certain number of land use right, houses, vehicles and household equipment which are the State properties that the Government has already confided to the cadres and the personnel for use during the past period into absolute ownership and use rights of the personnel by using the form of selling out with full payment of selling with payment in instalments extending to a long period of time to the cadres and personnel including retired personnel and the family of those cadres and personnel who had sacrificed their life while performing their mission entrusted by the Party and the State. The Ministry ofFinance is charge to issue a regulation concerning the principle and the time of payment reasonably and appropriately by taking into account the real ability of the cadres and personnel. Article 2: The Ministry ofFinance and the research committee on policies for the transfer of ownership and use right of the houses, land, vehicles .... are charged with undertaking a detailed study and determination of the types of land, hoses to be transferred and to be kept. In addition, on the basis of its real condition and capacity, the Government has a programme ofbuilding different types of houses and of making vehicles available for sale to the cadres and personnel in accordance with the above-mentioned policies. Article 3: Concerning the types of State houses ;and land which do not fall in the targets to be transformed into the ownership and use right of the cadres and personnel, the State might allow the cadres and personnel to live on for a certain period through the form of renting at a rate fixed by the State, However, whenever the State wishes to use the land or the house for the purpose of official work, the concerned cadres and personnel shall move out within the time limi ven by the State. Article 4: The evaluation of the price of the houses, vehicles and equipment which are to .~ sold to the cadres and personnel shall be made on the basis of the quality, usage duration and price which is currently applied for buying and selling in local market. Article 5: The payment for the purchase or the rent of State houses and-otherpropertiesshall be made on the basis of the binding contract between the State and the owners ofbuying right or renting right. I Article 6: Buyers, lessees of State properties or the rightful heirs shall be responsible before the laws of the implementation of all agreements that they have signed with the concerned authorities of the State. Article 7: The Ministry ofFinance is charge with the management in a concentrated manner of the revenue received from the sale and the rent of thee State properties. Article 8 The implementation of the above-mentioned policies shall be based on the real capacity and the planned budget of each fiscal year. In addition, it shall be based on the performance and conduct of the cadres and personnel so that a classification can be made as follows: First Rank: • National heroes, holders of national gold medals or the highest medals from other countries. • Personnel participating continually in the revolution during the period before 1960. • Leaders at central level from the rank ofDeputy Ministers, Vice Presidents of Agencies and above (in the structure of the Party, the State and the Mass Organisations). • Leaders in the provinces from the rank of the Deputy Chief of the Province, Permanent Party Committee of the province and above. • Scientists, economists, cultural personnel who have accomplished outstanding works recognised by the Government as national achievement. Second Rank • Personnel participating continually in the revolution from 1961 to 1975 (before the day of the victory in the whole country), • Personnel of the ranks ofHead and Deputy Head ofDepartment and equivalents, Provincial Party Committees, District Party Secretary, Chief ofDistrict, Chief ofProvincial Divisions and equivalents. Third Rank • Personnel participating in the revolution from 2/12/75 onwards. • Other personnel who are below the second rank. Article 9: The Minister ofFinance and the research committee on policies for the transfer of ownership ofland, houses ... are charge with a study and the issuing ofdetailed regulations as well as the setting up of committees consisting of the representatives from the concerned organisations for the implementation of this Decree. Article 10: All Ministers, Chiefs of equivalent organisations, Chiefs of Agencies, Chiefs of all provinces, mayor of Vientiane Municipality and Chiefs of Special Zones shall set up a committee to take charge of the study and implementation of this Decree in their own Ministries and localities in close coordination with the Ministry ofFinance and the research committee on policies for the transfer of ownership and use right of the house, land .... This responsible committee shall consists of the representatives from the Party committee, administrative authority and mass organisations. Article 11: This Decree is effective from the date of signature. Vientiane, November 12, 1994 Prime Minister ofLao PDR KHAMTAY SIPHANDON