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Legal Document
Title: DECREE on The National Treasury No. 259/PM, dated 01 June 2010
Type: Decree
Responsible Agency: Bank of the Lao PDR
Issuing Date: 2010-06-01
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Contents

CHAPTER 1: General Provisions

Article 1.Objectives

Article 2.National Treasury

Article 3.Definitions

Article 4.Basic Principles of the National Treasury

CHAPTER 2: Location, Functions, Rights, Duties and Organizational Structure of the National Treasury

Article 5.Location and Functions

Article 6.Rights and Duties of the National Treasury

Article 7.Organizational Structure

CHAPTER 3: Management-Administration of Financial Resources in the National Treasury System

Article 8.Financial Resources in the National Treasury System

Article 9.Revenue Management

Article 10.  Management of Expenditure

Article 11.  Management of Domestic and Foreign Loan and Grant Aid

Article 12.  Management of Cash Flow in the National Treasury System

Article 13.  Transfer of Money in the National Treasury System

Article 14.  Management of Deposits of the National Treasury at State-owned Banks

Article 15.  Management and Administration of Deposit Accounts in the National Treasury System

Article 16.  Management of Precious Items and Instruments

Article 17.  Management of Treasury

Article 18.  Management and Administration of Cash in Treasury

CHAPTER 4: Accounting of the National Treasury

Article 19.  Description of Accounting Transactions in the National Treasury System

Article 20.  Bookkeeping

Article 21.  Accounting Reconciliation

Article 22.  Relating Accounts in the National Treasury System

Article 23.  Accounting Report

CHAPTER 5: The Use of Printing Forms and Maintenance of Documents in the National Treasury System

Article 24.  Printing Forms used in the National Treasury System

Article 25.   Maintenance of Supporting Documents

CHAPTER 6: Responsibilities of relevant Parties on the National Treasury Work

Article 26.  Responsibilities of Supervisor

Article 27.  Responsibilities of State-owned Banks

Article 28.  Responsibilities of Local Administrative Authorities

Article 29.  Responsibilities of Budget Units

Article 30.  Responsibilities of Division of Finance in Provinces, Capital

Article 31. Responsibilities of Revenue Collection Authorities

CHAPTER 7: Prohibitions

Article 32.  General Prohibitions

Article 33.  Prohibitions for Staff-Civil Servants of the National Treasury

CHAPTER 8: Management and Inspection of the National Treasury

Article 34.  Management Authority of the National Treasury Work

Article 35.  Rights and Duties of the Ministry of Finance

Article 36.  Inspection Authorities of the National Treasury Work

Article 37.  Inspection Contents

Article 38.  Inspection Forms

Article 39.  Confidentiality

CHAPTER 9: Awards for Good Performance and Measures against Violators

Article 40.  Awards for Good Performance

Article 41.  Measures against Violato

CHAPTER 10: Budget, Symbols and Seal of the National Treasury

Article 42.  Budget serving the Operation of the National Treasury

Article 43.  Symbols

Article 44.  Seals

CHAPTER 11: Final Provisions

Article 45.  Implementation

Article 46.  Effectiveness


Unofficial translation

 

 

 

 

 

Lao People’s Democratic Republic

Peace Independence Democracy Unity Prosperity

---===)000(===---

The Prime Minister’s Office                                                                                                                          No.: 259/PM

Vientiane Capital, dated: 01 June 2010

 

DECREE

on

The National Treasury

 

  • Pursuant to the Law on the Government of the Lao PDR No. 02/NA, dated 6 May 2003;
  • Pursuant to the Law on the State Budget No. 02/NA, dated 26 December 2006;
  • Pursuant to the Request Letter of the Minister of Finance No. 0913/MoF, dated 29/04/2010.

 

The Prime Minister of the Lao PDR hereby issues a Decree:

 

CHAPTER 1

General Provisions

Article 1.Objectives

     This Decree defines principles, regulations and standards regarding the management, administration and operation of the National Treasury in order to collect all resources of state income into the National Treasury, to be mutual countrywide and lead to effective, quick, transparent, inspectable and accountable services of the National Treasury, aiming to strengthen the management of state finance and contribute to the national socio-economic development.

Article 2.National Treasury

      The National Treasury is a technical administrative authority that manages-administers the state income countrywide to be centralized and collected into the National Treasury in accordance with the vertical command system.

Article 3.Definitions

            Terms used in this Decree have the following meanings:

  1. State income resource refers to state budget, domestic and foreign loans and grant aids, state fund, reserves of budgetary units, technical administrative authorities, deposits of state-owned enterprises in the National Treasury system;
  2. Supervisor refers to ministers, heads of ministry-equivalent bodies, provincial and capital governors who are responsible for implementing budget plan in their sectors and localities as assigned by the government;
  3. Accountant of the National Treasury refers to a civil servant of the National Treasury who is responsible for accounting management of the National Treasury system;
  4. State accountant refers to a civil servant working at a budgetary unit, a technical administrative authority and a state fund responsible for accounting management as assigned by the supervisor;
  5. Payment refers to a payment between a creditor and a debtor or the settlement of debt from one account to another in which services are provided by the National Treasury;
  6. Deposit in the National Treasury system refers to money relating to state budget of governmental organizations, state funds, technical administrative authorities and state-owned enterprises maintained until account clearance;
  7. Security money refers to money of an individual, a legal entity to secure for auction, project implementation or operation of state business maintained until account clearance;
  8. Centralized account of the National Treasury refers to a centralization of all bank accounts of state organizations, state funds, technical administrative authorities opened with state-owned banks or other financial institutions under the supervision of the National Treasury;
  9. Budgetary units refer to governmental organizations, Lao Front for National Construction, mass organizations authorized by the government to create plans, implement and summarize the state budget;
  10. State fund refer to an authority approved by the government to collect revenues into the state budget and implement payment according to regulations approved by the government;
  11. Treasury refers to a place for storing cash and precious items;
  12. Precious items and instruments refer to silver ornaments, gold, diamonds, gems and antiques; precious instruments refer to bonds, promissory notes, asset certificates and letter of guarantees;
  13. Deposits related to the government budget refer to money of budgetary units, state funds and legal entities deposited in the National Treasury to secure auction, project implementation or a state business, and deposits maintained until account clearance;
  14. Financial investment refers to the use of financial resources of the National Treasury to invest in the form of lending loan, purchasing shares, bonds in securities exchange for profit.

Article 4.Basic Principles of the National Treasury

            The National Treasury operates in accordance with the following principles:

  1. Management of organizational structure, technical work and budget to serve the National Treasury shall be centralized in accordance with a vertical chain of command countrywide;
  2. All state financial resources shall be managed on a centralized basis, recorded in the account of the National Treasury through a state-owned bank;
  3. The National Treasury shall fully inspect, properly count the received amount, and issue a receipt to a payer and record it in Lao Kip currency;
  4. Expenditure implementation of the state budget shall be made and recorded in the account in Kip by having money in annual budget plan, complying with objectives, regulations regarding budget expenditure, having inspection and certification by a supervisor or an authorized representative;
  5. For payment order of state budget, a supervisor and an accountant, a calculator and an accountant, a calculator and a treasurer, an accountant and a treasurer shall not be the same person, have no family relationship nor be close relative;
  6. Financial administration in the National Treasury system shall be smooth, quick, fair and transparent to ensure expenditure to be in accordance with an annual budget plan;
  7. All National Treasury operations shall be transparent, accountable and inspectable on a regular and strict basis.

 

CHAPTER 2

Location, Functions, Rights, Duties and Organizational Structure

of the National Treasury

Article 5.Location and Functions

      The National Treasury is an authority under the Ministry of Finance, having functions to manage-administer the operation of the National Treasury in accordance with a vertical chain of command; to be a secretariat for the Ministry of Finance on management of the state budget reserve, other state reserves, fund mobilization; to be a state accountant, to summarize and centralize the state financial resources into the account of the National Treasury; to protect state precious items and instruments on a mutual basis countrywide.

Article 6.Rights and Duties of the National Treasury

      The National Treasury has the following rights and duties:

  1. To review a strategic plan, laws and regulations regarding the National Treasury work in order to propose to higher level for consideration;
  2. To publish a strategic plan, laws and regulations regarding the National Treasury work;
  3. To manage, review, propose to higher level regarding appointment, transfer, promotion, award, training, enhancement of technical knowledge, removal, implementation of discipline and other policies towards staff of the National Treasury countrywide;
  4. To manage state budget reserve, budgetary units, technical administrative authorities and state funds, to protect precious items and instruments as assigned by the Minister of Finance;
  5. To manage financial resources in the account of the National Treasury to be smooth and can use financial resources of the National Treasury system for financial investment in accordance with an approval of the government;
  6. To implement fund mobilization policy of the government by distributing bonds domestically and internationally;
  7. To manage and centralize foreign currencies into the National Treasury at central level;
  8. To propose to the Minister of Finance to periodically issue an exchange rate based on the rate stipulated by the Bank of the Lao PDR as reference for recording in account to deduct annual budget expenditure plan for governmental organizations that require to use foreign currencies;
  9. To organize accounting system, prepare a treasury account manual, to manage, monitor, inspect and report from time to time on a complete, proper and timely basis in accordance with state accounting regulations;
  10. To be in charge of coordinating with revenue collection authorities and other relevant authorities for revenue collection and state budget expenditure to be in accordance with laws and regulations and government annual budget plan;
  11. To collect financial obligations from individuals, legal entities that generate incomes which are involved with state budget expenditure in accordance with the collecting document of the revenue collection authorities to fully transfer them into the state budget and deduct in accordance with the court’s decision;
  12. To audit the accuracy of expenditure implementation based on an annual budget plan and payment clearance in an account in the National Treasury system in accordance with laws and regulations;
  13. To pay loan principal, interest and service fees to a state-owned bank in accordance with a contract and regulations;
  14. To open and close its account opened with the Bank of the Lao PDR and a state-owned bank in order to conduct financial transactions based on the centralized accounts of the National Treasury;
  15. To propose to the Minister of Finance to close bank accounts of budgetary units, technical administrative authorities and state funds opened with a bank without permission of the Ministry of Finance;
  16. To manage assets and budget used for National Treasury work on a centralized basis in accordance with the vertical chain of command;
  17. To supervise, manage, monitor and inspect the implementation of duties of the local National Treasury;
  18. To liaise and cooperate with international organizations regarding treasury as assigned by the Minister of Finance;
  19. To fully, duly and timely summarize and report on the implementation of its technical work on a regular basis;
  20. To perform other rights and duties as assigned by the Minister of Finance.

Article 7.Organizational Structure

            The organizational structure of the National Treasury consists of:

  • The National Treasury in central;
  • The National Treasury in provinces, capital;
  • The National Treasury in districts, municipalities.

      The Ministry of Finance issues specific regulations regarding the organization and operation of the National Treasury at central and local levels in accordance with actual conditions of each period.

 

 

CHAPTER 3

Management-Administration of

Financial Resources in the National Treasury System

Article 8.Financial Resources in the National Treasury System

            Financial resources in the National Treasury system consist of:

  1. State budget;
  2. Deposits of budgetary units, technical administrative authorities, state funds, state-owned enterprises and security money in the National Treasury system.

Article 9.Revenue Management

            The state budgetary revenue management is to be implemented as following:

  1. The National Treasury coordinates with the revenue collection authorities to monitor a monthly, quarterly and annual revenue collection plan;
  2. To accept correct and full amount of money in accordance with collecting documents of the revenue collection authorities or financial obligations notice by individuals, legal entities into the National Treasury account through the state-owned bank system, except for remote areas with no banks located;
  3. To open an account based on a type of income with the National Treasury and separate National Treasury central part, local part, shared part between central and local, to separate based on sectors and budgetary charts;
  4. The state budgetary revenue shall be calculated and recorded in an account in Kip currency. In case of revenue in foreign currencies in accordance with a contract, foreign currencies are accepted but to be calculated and recorded in Kip currency based on buying exchange rate of the date of transaction of a state-owned bank providing services to the National Treasury;
  5. Transfer of revenue shall be conducted by submitting full and correct documents based on the types of revenue and the state budgetary charts.

Article 10.  Management of Expenditure

            The management of state budget expenditure is to be implemented as following:

  1. To have an annual budgetary plan with objective, budgetary charts, and to record in an account in accordance with regulations;
  2. To obtain consent of the supervisor or the authorized representative;
  3. To examine accuracy and comprehensiveness of documents in accordance with regulations on examining of documents of state budget expenditure through the National Treasury system prior payment;
  4. To record and expense state budget in Kip currency. In case of payment in foreign currencies, buying of foreign currencies shall be made in the National Treasury system based on actual exchange rate stipulated from time to time by a bank;
  5. Expenditure implementation of budget units with technical income and state funds shall be made through an account of the National Treasury;
  6. Documents certifying each payment shall be fully maintained in accordance with regulations to be reference for inspection.

Article 11.  Management of Domestic and Foreign Loan and Grant Aid

            The management of domestic and foreign loan and grant aid is to be implemented as following:

  1. Budget units at all levels that mange domestic and foreign loan and grant aid shall summarize income and expenditure into their budget plan and submit it to the Ministry of Finance;
  2. Domestic and foreign loan and grant aid income and expenditure shall be centralized through an account of the National Treasury system;
  3. Payment shall be made in accordance with regulation on the management of expenditure of the Ministry of Finance, project objectives or donor regulations and contracts.

Article 12.  Management of Cash Flow in the National Treasury System

            In order to response to the state budget expenditure, the National Treasury shall manage its cash flow in the National Treasury system as following:

  1. To estimate actual financial capacity of actual income resources and actual demand on a monthly and a quarterly basis;
  2. To be able to use financial resources  in the National Treasury system with liquidity in order to ensure payment in accordance with a quarterly and annual budget plan, and to create trust in the society;
  3. To implement and administer cash flow as planed smoothly, quickly and effectively;
  4. In case the cash flow in the National Treasury is illiquid, the National Treasury shall notify the Minister of Finance for resolution by mean of issuance of bonds or loan from financial institutes;
  5. In case the cash flow in the National Treasury system exceeds the payment plan, the National Treasury proposes the Minister of Finance to consider using the exceeded amount for financial investment.

Article 13.  Transfer of Money in the National Treasury System

            Transfer of money in the National Treasury system is to be implemented as following:

  1. The National Treasury creates and implements money transfer plan for the National Treasury at local level in accordance with an annual budget plan, priority plan of the government and expenditure objectives;
  2. Transferring existing balance from one account to another in the National Treasury system;
  3. Transferring loan and grant aid to accounts of the project implementing units in accordance with laws and regulations, project objectives or donor regulations and contracts;
  4. Transfer of money shall be made via a bank account or post, except for remote areas with no banks or post offices located.

Article 14.  Management of Deposits of the National Treasury at State-owned Banks

            Management of deposits of the National Treasury at state-owned banks is to be implemented as following:

  1. To open a bank account for each currency by separating account for state budget, state reserve and deposits in order to pay for debt payable in the National Treasury system;
  2. To manage deposit accounts on a centralized basis through the clearance center of the Bank of the Lao PDR that applies modern technology;
  3. Deposits at state-owned banks will receive interests, and the National Treasury shall pay services fees and charges to the banks as agreed between the Ministry of Finance and state-owned banks from time to time.

Article 15.  Management and Administration of Deposit Accounts in the National Treasury System

            The management and administration of deposit accounts in the National Treasury is to be implemented as following:

  1. Budget units, technical administrative authorities and state funds shall open accounts with the National Treasury and shall deposit all collected revenues into their accounts in the National Treasury;
  2. Payment of the budget units, technical administrative authorities and state funds shall be made through the accounts opened in the National Treasury system;
  3. Money securing the project implementation or a business operation of the government and deposits maintained until account clearance shall be recorded in the accounting system of the National Treasury;
  4. Balance of deposit accounts, cash in reserve of budget units which are not used in accordance with an annual budget plan shall be cleared at the end of the year.

Article 16.  Management of Precious Items and Instruments

            Management of precious items and instruments Treasury shall be implemented as following:

  1. To have a book for deposit and withdrawal for monitoring in accounting system of the National Treasury;
  2. To implement counting, weighting and protecting precious items and instruments from damage or loss;
  3. Temporarily confiscated precious items and instruments before their deposit and withdrawal shall be consented by relevant authorities;
  4. At the end of the fiscal year, precious items and instruments shall be counted, and summarize the deposit, withdrawal and actual balance in accordance with accounting regulations.

Article 17.  Management of Treasury

            Management of treasury shall have a reserve and a daily treasury and to be implemented as followings:

  1. To ensure technical standard, have an emergency and fire alarm;
  2. To have protection to ensure safety, have at least three people taking care of keys and passcodes.

Article 18.  Management and Administration of Cash in Treasury

            Management and administration of cash in treasury is to be implemented as following:

  1. Accepting cash into the National Treasury shall be inspected, counted, separated in type and amount of each note properly and completely;
  2. Transferring cash from one treasury to another in the National Treasury system;
  3. Coordinating with state-owned banks to create a plan and transfer of cash from time to time;
  4. Determining cash volume in the treasury of each National Treasury, reserve of budget units will be in separate regulations;
  5. Cash treasury shall be inspected, recorded and summarized of operation in terms of cash inflow, cash outflow and actual balance comparing to its account on a daily, a monthly, a quarterly and fiscal year basis.

 

 

CHAPTER 4

Accounting of the National Treasury

 

Article 19.  Description of Accounting Transactions in the National Treasury System

            Main descriptions of accounting transactions in the National Treasury system consist of:

  1. Sources of fund, income-expense of the state budgetary reserve, reserve of state funds and technical administrative authorities funds;
  2. Cash, deposits in the National Treasury system and other cash-equivalent instruments;
  3. Deposits of the governmental organizations, state-owned enterprises and legal entities in the National Treasury;
  4. Payment within the National Treasury system;
  5. Balance of the state budget;
  6. State grant aid, loan and liability;
  7. Financial investment of the government;
  8. Other assets managed by the National Treasury.

Article 20.  Bookkeeping+

            Bookkeeping of the National Treasury system is to be implemented as following:

  1. To be implemented in accordance with the state accounting standard, accounting regulations, supporting documents, accounting manual, book of account, monitoring book, report and maintenance of supporting documents as stipulated in the accounting-related laws and regulations;
  2. Accounting entry shall be accurate, clear, complete and timely;
  3. Accounting transactions shall be recorded into at least two associated accounts (credit and debit). When recording accounting transactions, the total debit account shall equal to the total credit amount;
  4. The adjustment of incorrect transactions shall show the initial error transaction and then record the correct transaction;
  5. The trial balance is to be prepared daily, a monthly, quarterly and annually and officially published and copied.

Article 21.  Accounting Reconciliation

      All accounting transactions shall be reconciled with other related parties daily, monthly, quarterly and annually. In case that incorrect data and other outstanding matters are found, there shall be a minute to resolve such matters in a timely manner.

Article 22.  Relating Accounts in the National Treasury System

            Relating accounts in the National Treasury system consists of:

  • A monitoring account of income of central part and share income between central and local at the local National Treasury;
  • A monitoring account for collection;
  • A monitoring account for payment;
  • Internal relating accounts.

Article 23.  Accounting Report

            Closing entries of the National Treasury is to be implemented as following:

  1. To close entries at three o’clock in the afternoon (15:00) daily. Any transactions that occur after three o’clock in the afternoon (15:00) shall be recorded as next day transactions;
  2. Payment of internal relating accounts in the National Treasury system, income-expense implementation from a temporary into a permanent account is to be done weekly, monthly, quarterly and annually;
  3. To summarize figures paid in, paid out, account receivables-payables and balance in the accounting system of the National Treasury in an accurate, clear manners daily, monthly, quarterly and annually;
  4. Financial statements include:
  • Monthly, quarterly and yearly trial balance;
  • Report on figures of accounting transactions in the National Treasury system.
  1. Reporting is to be done accurately, clearly and timely on a daily, a monthly, a quarterly and a yearly basis.

 

CHAPTER 5

The Use of Printing Forms and Maintenance of

Documents in the National Treasury System

Article 24.  Printing Forms used in the National Treasury System

            Printing forms used in the National Treasury include:

  • A receipt;
  • A payment certificate;
  • A payment certificate between the National Treasury and other financial institutions;
  • Other printing forms approved by the Ministry of Finance for accounting purpose and financial statements.

            Each printing form shall be openly and mutually published countrywide. The details of each printing form and its usage are stipulated in specific regulations.

            Publication and usage of printing forms are to be implemented as following:

  1. To create a publishing plan that meets consumers’ need and disburse money in each annual state budget plan;
  2. Publication, payment shall be registered on a centralized basis at the National Treasury;
  3. Printing forms shall be used in accordance with purpose of each form;
  4. To summarize the use of printing forms, to copy and maintain them in accordance with the Accounting Law.

Article 25.   Maintenance of Supporting Documents

            Maintenance of supporting documents is to be implemented as following:

  1. Supporting documents shall be original versions;
  2. A monitoring minute is in chronological order and easily accessible;
  3. To be systematically kept by separating date, month, quarter and year;
  4. To keep document confidentiality;
  5. Searching of maintained documents shall be authorized by relevant authorities;
  6. All supporting documents used as evidence of the National Treasury accounting shall be maintained for at least ten (10) years or based on a contract.

 

 

CHAPTER 6

Responsibilities of relevant Parties on the National Treasury Work

Article 26.  Responsibilities of Supervisor

            A supervisor has the following responsibilities regarding the National Treasury work:

  1. To supervise, implement a state annual budget plan as assigned by the government;
  2. To supervise, manage his/her budget units to collect revenues as planed and beyond a plan;
  3. To make payment in accordance with an annual budget plan based on payment objectives and budgetary charts;
  4. Certification of income-expense documents shall ensure compliance with procedures, income-expense regulations, be calculated in accordance with payment timeline on a frugal and highly effective basis;
  5. To supervise reporting summary monthly, quarterly and yearly in accordance with laws and regulations on timely and accountable-inspectable manner.

Article 27.  Responsibilities of State-owned Banks

            State-owned banks have the following responsibilities:

  1. To manage, provide and supply information on centralized accounts of the National Treasury in accordance with laws and regulations;
  2. To provide money transfer service based payment order of customers, court’s decision, contribution order of revenue collection authorities or request of the National Treasury;
  3. To provide service for payment of state budget into customers’ account on an accurate, complete, clear, quick and timely basis;
  4. To implement contractual obligations as agreed contracts with the National Treasury from time to time;
  5. To provide a short-term and medium-term loan to the National Treasury in order to meet the state budget expenditure as agreed by the government;
  6. To facilitate, coordinate with the National Treasury on management, administration of cash flow and other work;
  7. To coordinate with the National Treasury to summarize lesson learnt, information data exchange and reconcile figures of deposit account transactions daily, monthly, quarterly, yearly, and regularly.

Article 28.  Responsibilities of Local Administrative Authorities

            Local administrative authorities have the following responsibilities:

  1. To disseminate and publish laws and regulations regarding the National Treasury work to all parties to absorb, acknowledge and understand the implementation;
  2. To supervise, implement a revenue plan as planned or beyond the plan and implement expenditure according to budget plan as assigned by the government;
  3. To comment, encourage, monitor, inspect, assess the performance and facilitate the implementation of the National Treasury work;
  4. To comment regarding the appointment, transfer, removal, recruitment, assessment of staff of its local National Treasury in order to award, use disciplinary against and implement other policies to them.

Article 29.  Responsibilities of Budget Units

            Budget units have the following responsibilities:

  1. To submit a state budgetary income-expense plan to the National Treasury monthly, quarterly and annually;
  2. To transfer collected revenues into the account opened with the National Treasury;
  3. To prepare and verify supporting documents to be used as reference for implementation of receipts and payments of state budget;
  4. To manage cash withdrawn from the National Treasury in order to implement payment in compliance with each plan which is calculated for each task and strictly in accordance with timeline and laws and regulations;
  5. To keep copies of supporting documents relating to payment to be used as information and reference for inspection and audit;
  6. To supervise, manage and inspect the implementation of budgetary plan of technical administrative authorities, state funds, grant-aid projects or loans under their responsibilities;
  7. To summarize and report regarding the state budget implementation on an accurate, complete, clear and timely basis in accordance with laws and regulations.

Article 30.  Responsibilities of Division of Finance in Provinces, Capital

            Division of Finance in Provinces, capital has the following responsibilities:

  1. To elaborate, disseminate and publish laws and regulations and to facilitate the operation of the National Treasury within their scope of rights and responsibilities;
  2. To create and submit income-expense plan quarterly and annually to the National Treasury for implementation in accordance with a budgetary chart;
  3. To monitor, inspect the collection of revenues as planned and beyond the plan as assigned, and implement expenditure under their responsibilities and an annual budget plan;
  4. To accurately, clearly and timely summarize and reconcile figures of state budget payment by separating them based on budgetary charts on a monthly, quarterly and annual basis;
  5. To coordinate, consult, provide information data and to resolve technical work that are related to each other.

Article 31. Responsibilities of Revenue Collection Authorities

            Revenue collection authorities have the following responsibilities:

  1. To create and submit revenue collection plan of state budget monthly, quarterly and annually in accordance with a budgetary chart to the National Treasury;
  2. To accurately, clearly and timely summarize and reconcile figures of state budget payment by separating them based on budgetary charts on a monthly, quarterly and annual basis;
  3. To coordinate, consult, provide information data and to resolve technical work that are related to each other.

 

CHAPTER 7

Prohibitions

Article 32.  General Prohibitions

            Individuals and organizations are prohibited:

  1. To bribe, give incentive relating to performing technical work of the National Treasury;
  2. To obstruct, delay performing work of the National Treasury;
  3. To conspire, abuse position, power, duties of others for personal gain which causes financial and asset loss to the state and to the national economy;
  4. To Falsify official documents;
  5. To use state fund not compliant with laws and regulations such as: to deposit money outside the National Treasury system, to misuse the fund or to make gain in any other forms;
  6. To appoint a spouse, child or relative of a supervisor as an accountant, a treasurer or a calculator of a budget unit where such supervisor is working.

Article 33.  Prohibitions for Staff-Civil Servants of the National Treasury

            In addition to the general prohibitions, civil servants of the National Treasury have the following specific prohibitions:

  1. Prohibited to disclose official confidential information and technical information;
  2. Prohibited to act as an agent for individuals, legal entities for personal gain;
  3. Prohibited to accept bribes or other benefits from individuals, legal entities relating to their duties which causes damage to the benefits of state, society or rights and benefits of citizens;
  4. Prohibited to use state fund for personal benefits.

 

CHAPTER 8

Management and Inspection of the National Treasury

Article 34.  Management Authority of the National Treasury Work

      The government mutually and centralized manage the National Treasury work countrywide by assigning the Ministry of Finance to operate and supervise the implementation.

Article 35.  Rights and Duties of the Ministry of Finance

            The Ministry of Finance has the following rights and duties in management of the National Treasury work:

  1. To review a strategic plan, policy plan, mechanism, laws and regulations and budgetary plan serving the National Treasury work in order to propose them to the government for consideration;
  2. To issue regulations, decisions, orders, instructions and notices regarding the National Treasury work;
  3. To supervise, monitor, inspect the implementation of the state budgetary plan, to manage income-expense and financial position of the National Treasury countrywide;
  4. To supervise, disseminate and publish policies, laws and regulations on the National Treasury and other relevant laws and regulations;
  5. To supervise the coordination with authorities at central and local levels on the implementation of technical work of the National Treasury to be smooth and compliant with laws and regulations;
  6. To summarize the National Treasury work on an accurate, clear, transparent and timely basis in order to report to the government;
  7. To manage the National Treasury work based on the vertical chain of command regarding the development of staff, procurement of vehicles and preparation of a budgetary plan on a mutual and fair basis countrywide.

Article 36.  Inspection Authorities of the National Treasury Work

            The inspection authorities of the National Treasury work consist of internal and external inspection authorities.

            The internal inspection authority is the same as the management authority as stipulated in Article 34 of this Decree.

The external inspection authorities consist of the State Audit Organization, the Government Inspection Authority or an ad hoc committee under the objective and guidance of the government.

Article 37.  Inspection Contents

            An inspection of the National Treasury work has the following contents:

  1. The compliance with the laws and regulations regarding the National Treasury work;
  2. The operation of the National Treasury work and working methods;
  3. Income collection implementation;
  4. Expenditure implementation;
  5. Balance in an account compared to actual money;
  6. Summarizing and reporting of financial status.

Article 38.  Inspection Forms

      Inspection consists of three forms:

  • A regular inspection;
  • An inspection with advance notice;
  • An ad hoc inspection without notice.

            A regular inspection refers to the inspection conducted based a regular plan and with certain schedule.

            An inspection with advance notice refers to an inspection outside plan when it is deemed necessary with an advance notice giving to inspectees.

            An ad hoc inspection refers to an urgent inspection without giving an advance notice to inspectees.

Article 39.  Confidentiality

     During the time performing their duties or upon completion, inspectors shall keep confidentiality of found information unless receiving approval from relevant authorities or the government to disclose such information.

 

CHAPTER 9

Awards for Good Performance and Measures against Violators

Article 40.  Awards for Good Performance

       Individuals, legal entities, or organizations with outstanding performance in implementing this Decree will receive an award and other policies in accordance with regulations.

Article 41.  Measures against Violator

      Individuals or organizations that violate this Decree which causes damage to the interest of the government, society or legitimate benefits of citizens will be educated, sanctioned by disciplinary measures, fined, or proceeded under criminal penalty depending on the level of severity as well as pay for civil compensation.

 

 

CHAPTER 10

Budget, Symbols and Seal of the National Treasury

Article 42.  Budget serving the Operation of the National Treasury

            Budget serving the operation of the National Treasury is from the state budget, and the National Treasury can also use money generated from its technical operation.

Total income and expense of the National Treasury shall fall within an annual budgetary plan.

Article 43.  Symbols

      The National Treasury has its symbol using in official operation which consists of: a logo, a rank chevron, star and uniform stipulated by the Ministry of Finance in a specific regulation.

Article 44.  Seals

            The National Treasury at central, local levels have their own seals to serve the official operation of the National Treasury as stipulated in a specific regulation.

            Seals of the National Treasury include:

  1. A circular seal;
  2. A rectangle seal serving specific work.

 

 

CHAPTER 11

Final Provisions

 

Article 45.  Implementation

       The Ministry of Finance is in charge of giving clear instruction regarding the implementation of this Decree. Ministries, ministry-equivalent bodies, local administrative authorities and relevant sectors are obliged to strictly implement this Decree in accordance with their functions and responsibilities.

Article 46.  Effectiveness

            This Decree is effective from the date of signature. Any regulations or provisions which conflict with this Decree shall be canceled.

 

 

The Prime Minister of the Lao PDR

 

[Signature and seal]

 

Bouasone BOUPHAVANH



Download English: DECREE on The National Treasury No. 259/PM, dated 01 June 2010

Download Lao: DECREE on The National Treasury No. 259/PM, dated 01 June 2010