The Union Government is to take necessary steps according to the Union budget law enacted by Pyidaungsu Hluttaw

YANGON, 6 March — The following is the compilation of detailed basic principles laid down in line with the suggestions of most of the delegates to the National Convention presented by Chairman of the National Convention Convening Work Committee Chief Justice U Aung Toe and Vice-Chairman Attorney-General U Aye Maung at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, on 3 March.

The compilations of detailed basic principles presented by Chief Justice U Aung Toe are as follows:

In line with the suggestions of most of the delegates to the National Convention, detailed basic principles have now been adopted in connection with the sharing of legislative power. For easy reference, I will conclude by sorting out the detailed basic principles relevant to the sharing of legislative power.

1. Defence and Security Sector

    The Union Legislative List constitutes:

    1. The defence of the Union of Myanmar and of its every part, and to prepare a defence pro-gramme thereof.

    2. Defence and security industries.

    3. Arms and ammunition and explosives

    including biological and chemical weapons.

    4. Nuclear energy, nuclear fuel and radiation, and mineral resources that produce them.

    5. Declaration of war and making of peace.

    6. Peace and stability of State and the rule of law.

    7. Police Force.

2. Foreign Affairs Sector

    The Union Legislative List constitutes:

    1. Diplomats, consular affairs, and

    representatives of other affairs;

    2. United Nations;

    3. Participation in international, regional and bilateral conferences, seminars, meetings, organizations and implementation of their resolutions;

    4. Signing of international, regional and bilateral agreements and conventions, and the implementation of them;

    5. Passports and ID cards;

    6. Entry visa, stay permit, departure permit, immigration and deportation; and

    7. Extradition of criminals to the home country and request made therefrom.

3. Finance and Planning Sector

    (A) The Union Legislative List constitutes:

        (1) The Union budget

        (2) The Union Fund

        (3) Currency and coinage

        (4) The Central Bank of Myanmar and financial institutions

        (5) Foreign Exchange control

        (6) Capital and money market

        (7) Insurance

        (8) Income tax

        (9) Commercial tax

        (10) Stamp duty

        (11) Customs

        (12) State lottery

        (13) Tax appeal

        (14) Service enterprises of the Union

        (15) Disposal of Union-owned property through sale or rent or other means

        (16) Disbursement of loans from the Union funds

        (17) Investment with the Union funds

        (18) Loans borrowed from inside and outside the country

        (19) Acquisitions of the Union

        (20) External financial assistance and aid

        (21) National Plan

        (22) Data collection

        (23) National Archives

        (24) Investment, and

        (25) Auditing.

    (B) The Region or State Legislative List consti- tutes:

        (1) The Region or State Budget

        (2) The Regional or State Fund

        (3) Land revenue

        (4) Excise duties (excluding narcotic drugs and psychotropic substances)

        (5) Development Affairs revenues such as building and land revenue, water tax, street light tax, wheel tax

        (6) Service enterprises of the Regions or States

        (7) Disposal of the Region- or State-owned property through sale, rent or other means

        (8) Disbursement of loans within the country from the Regional or State Fund

        (9) Investment of funds from the Regional or State Fund within the country

        (10) Regional projects

        (11) Small loans enterprise.

4. Economic Sector

    (A) The Union Legislative List constitutes:

        1. Economy;

        2. Trade;

        3. Cooperatives;

        4. Corporations, boards, enterprises, companies and partnerships;

        5. Imports and exports, and control of their quality;

        6. Hotels and accommodation; and

        7. Tourism.

    (B) The Region or State Legislative List

    constitutes:

        1. Economic activities carried out in a region or state in accord with the law enacted by the Pyidaungsu;   

        2. Trade activities carried out in a region or state in accord with the law enacted by the Pyidaungsu; and

        3. Cooperative activities carried out in a region or state in accord with the law enacted by the Pyidaungsu.

5. Agriculture and Livestock Breeding Sector

    (A) The Union Legislative List constitutes:

        1. Land management,

        2. Reclamation of vacant, fallow and virgin lands,

        3. Settlement and land records,

        4. Survey,

        5. Dams, embankments and water supply managed by Pyidaungsu,

        6. Meteorology, hydrology and seismic survey,

        7. Registration,

        8. Mechanized farming,

        9. Agricultural research,

        10. Chemical fertilizer and insecticide, and

        11. Marine fisheries.

        12. Animal reproduction, disease control and treatment, and research.

    (B) The Region or State Legislative List

    constitutes:

        1. Agriculture,

        2. Prevention and control of pests,

        3. Proper use of chemical fertilizer and systematic production of inorganic fertilizer,

        4. Agricultural loans and savings,

        5. Dams, embankments, lakes, ditches and supply of irrigation water, for which the divisions or states have the right to manage,

        6. Fresh water fisheries, and

        7. Livestock breeding and keeping of animals systematically in accord with the law enacted by the Union.

6. Energy, Electricity, Mining and Forestry Sector

    (A) The Union Legislative List constitutes:

        1. Oil, gas and other liquid and solid products considered dangerously inflammable according to Pyidaungsu Law;

        2. Union electricity production and distribution;

        3. Minerals, mines, safety of mine workers, and environmental conservation and reconstruction;

        4. Gems;   

        5. Pearl;

        6. Forest; and

        7. Conservation and protection of wildlife, natural trees and natural areas including the environment.

    (B) The Region or State Legislative List

    constitutes:

        1. Medium and small electricity production and distribution industry, which has no link with the national grid, under the supervision of the region or the state, except big electricity production and distribution under the supervision of the Union

        2. Salt and salt products;

        3. Cutting and polishing of gem stones in the region or state;

        4. Village fuel wood plantations; and

        5. Recreation centres, zoological gardens, and botanical gardens.

7. Industrial Sector

    (A) The Union Legislative List constitutes:

        1. Industries to be undertaken by the Pyidaungsu level;

        2. Industrial Zones;

        3. standardization and specification of manufactured commodities

        4. Science and technology and research on science and technology;

        5. Standardization of weights and measures; and

        6. Intellectual properties such as copyrights, patents, trademarks, industrial designs.

    (B) The Region or State Legislative List

    constitutes:

        1. Industries other than those designated to be undertaken by the Pyidaungsu level; and

        2. Cottage industries.

8. Transport, Communication and Construc- tion Sector

    (A) The Union Legislative List constitutes:

        1. Inland Water Transport

        2. Maintenance of waterways

        3. Water resources and river systems improve- ment

        4. Maritime shipping

        5. Port terminals

        6. Light house, lightship and light house facilities

        7. Ship building, repair and maintenance

        8. Air transport

        9. Aviation, flight control and building of airfields

        10.Road transport

        11.Railways

        12.Roads and bridges under the management of Pyidaungsu

        13.Posts, telecommunications, telephones, fax, e-mail, Internet, Intranet and similar communication services.

        14.TV, satellite communication, transmission and reception and similar communication services

        15,Residences and buildings.

    (B) The Region or State Legislative List

    constitutes:

        1. Ports, jetties and pontoons under the management of the Region or State

        2. Roads and bridges under the management of the Region or State

        3. Systematic movement of the private-owned vehicles within a Region or a State.

9. Social Sector

    (A) The Union Legislative List constitutes:

        1. Curricula, syllabus, teaching methods, research, and projects and programmes;

        2. Courses of universities, degree colleges and institutes and other higher education organizations;

        3. Examinations designated by the Union;

        4. Private schools and courses;

        5. National sports;

        6. National health;

        7. Development of traditional medical science and medicines;

        8. Free hospitals and dispensaries and private hospitals and dispensaries;

        9. Maternal and child welfare;

        10.Red Cross society;

        11.Counterfeiting of food, medicines, medical equipment and cosmetics and mixing them with other ingredients;

        12.Caring children, youths, women, the disabled, the aged and homeless;

        13.Relief and rehabilitation;

        14.Fire Brigade;

        15.Working hours, breaks, holidays, and occupational safety;

        16. Labour disputes;

        17. Social security;

        18. Labour organizations;

        19. The matters managed by the Pyidaungsu con- cerning:

            (a) ancient cultural or historical regions, edifices, monuments, records, stone inscriptions, inscriptions on stucco, palm leaves, handwritings, handiwork, inanimate objects and archaeological undertakings

            (b) Museums and libraries;

        20. Literature, theatrical art, music, traditional arts and crafts, movies and videos; and

        21.Birth and death registration.

    (B) The Region or State Legislative List

    constitutes:

        1. Traditional medicines that are not contrary to traditional medicine policies set by the Union; 2. Social welfare tasks in regions or states;

        3. Fire prevention and natural disaster preparedness

        4. Freight handling;

        5. Matters for which the region or the state has the right to supervise:

            (a) preservation of cultural heritage

            (b) museums and libraries

        6. Opera house, cinema hall and video house; and

        7. Photo, painting and sculpture exhibitions.

The compilations of detailed basic principles presented by Vice-Chairman of National Convention Convening Work Committee Attorney-General U Aye Maung are as follows:

10. Management Sector

    (A) The Union Legislative List constitutes:

        1. General administration

        2. Management of village and urban areas

        3. House rent and land rent

        4. Narcotic drugs and psychotropic substances

        5. State secrets

        6. Associations

        7. Prison

        8. Border area development

        9. Census

        10. Citizenship, naturalization, revocation of citi zenship, citizenship scrutiny and registration, and

        11. Titles and decorations

    (B)The Region or State Legislative List constitutes:

        1. Development affairs

        2. Human settlement and housing development, and

        3. Honourary titles and medals.

11. Judicial Sector

    (A) The Union Legislative List constitutes:

        1. Administration of justice

        2. Lawyers

        3. Penal laws and procedures

        4. Civil laws, contract, arbitration, civil wrong, insolvency, Trust and people who can administer because of the trust, guardians and wards, transfer of property and inheritance

        5. Evidence Act

        6. Limitation    

        7. Valuation of suit

        8. Specific relief

        9. Foreign jurisdiction

        10.Admiralty jurisdiction

        11.Robbery at sea, and crimes committed on land or in the international waters or in space in violation of the international laws.

12. Self-administered division or self-administered zone leading bodies are vested with the legislative power relevant to the following matters for their respective divisions or zones:

            (a) Town and village plan,

            (b) Construction, repair and maintenance of roads and bridges,

            (c) Public health,

            (d) Development affairs,

            (e) Fire prevention,

            (f) Pasture,

            (g) Forest protection and conservation,

            (h) Environmental conservation in accord with the law enacted by the Pyidaungsu,

            (i) Water and electricity supply in towns and villages, and

            (j) Town and village markets.

13. Legislative power is vested in the Pyidaungsu Hluttaw in connection with other matters not stated in the legislative list of the Union, Region or State, and self-administered division or zone leading bodies.

14. Pyidaungsu Hluttaw shall enact the required laws if the need arises to do so for the Union territories in connection with matters for which legislative powers are delegated to the Region or State Hluttaws or the self-administered division or zone leading bodies.

15. In connection with the effect of laws enacted by Hluttaws at different levels and self-administered area leading bodies:

        1. If anyone of the provisions stipulated in a law enacted by the leading body of a self-administered division or a self-administered zone is in contrast with anyone of the stipulations contained in a law enacted by the respective region Hluttaw or state Hluttaw, adherence to the law must be in accord with the stipulations contained in the law enacted by the region Hluttaw or state Hluttaw.

        2. If anyone of the provisions stipulated in a law enacted by the leading body of a self-administered division or a self-administered zone is in contrast with anyone of the stipulations contained in a law enacted by the Pyidaungsu Hluttaw, observance of the law must be in accord with the stipulations contained in the law enacted by the Pyidaungsu Hluttaw.

        3. If anyone of the provisions stipulated in a law enacted by a region Hluttaw or a state Hluttaw is in contrast with anyone of the stipulations contained in a law enacted by the Pyidaungsu Hluttaw, observance of the law must be in accord with the stipulations contained in the law enacted by the Pyidaungsu Hluttaw.

        4. If anyone of the provisions stipulated in a law enacted by the Pyidaungsu Hluttaw or a region Hluttaw or a state Hluttaw or a self-administered division or a self-administered zone leading body or any one of the existing laws is in contrast with anyone of the stipulations contained in the Constitution, observance of the law must be in accord with the stipulations contained in the Constitution.

        5. The existing laws are still in force until they are revoked or amended by the Pyidaungsu Hluttaw, and unless they are in contrary to the Constitution.

16. In connection with financial matters including the formation of Financial Commission

    (a) The budgets of Union ministries and of organizations at Union level are to be checked under the aegis of a Vice-President nominated by the President of the State, and budget appropriations of Union ministries and organizations at Union level are to be submitted to the Financial Commission.

    (b) The budgets of regions or states are to be checked under the aegis of the other Vice-President nominated by the President of the State, and budget appropriations of the regions or states are to be submitted to the Financial Commission.

    (c) To submit to the Pyidaungsu Hluttaw the draft of Union budget containing the Union budget with the expenditures of Union territories, the distribution of appropriate funds from Union Fund Account to regions or states, the provision of funds as a special issue and loans permission; or the draft of financial allotment; to give suggestions on financial matters worth undertaking; and to carry out the duties assigned by the Pyidaungsu Hluttaw through the promulgation of law, the Financial Commission is to be formed with following persons:

        1. The President Chairman

        2. The Vice-Presidents Vice-Chairmen

        3. The Pyidaungsu Attorney-General Member

        4. The Pyidaungsu Auditor-General Member

        5. The Chief Ministers of Regions and States Member

        6. The Yangon City Council Chairman

        Member

        7. The Pyidaungsu Minister for Finance

        Secretary

    (d)

        (1) When forming the Financial Commission, the President of the State has the right to appoint a suitable person as a member on a temporary basis, if the post of a member remains vacant for a certain reason.

        (2) The President of the State is to announce the formation of the Financial Commission. However, orders and directives necessary for the Financial Commission can be announced by either the President of the State or the person to whom duties are assigned by the President of the State.

    (e) To submit to the Pyidaungsu Hluttaw the draft of Union budget containing the Union budget, the distribution of appropriate funds from Union Fund Account to regions or states, the provision of funds as a special case and disbursing of necessary loans, the Financial Commission is to submit them to the President of the State.

    (f) The Financial Commission, if need be, may seek advice from finance experts.

    (g) On behalf of the Union Government, the President of the State or the person to whom duties are assigned by the President of the State is to submit the draft of the Union budget to the Pyidaungsu Hluttaw.

    (h)

        (1) Salary and allowance of heads and members of organizations set up according to the Constitution of the State and expenditures of those organizations at Union level;

        (2) Debts the Union has to settle, expenditures related to those debts, and other expenditures related to money borrowed by the Union;

        (3) Expenditures to be paid according to verdict or order or decree released by the court or a particular tribunal; and

       (4) Other expenditures to be paid according to a particular existing law or a particular international treaty, for which discussions can be held at the Pyidaungsu Hluttaw. However, rejection and deduction are not allowed.

    (i) The Pyidaungsu Hluttaw shall exercise in accord with majority consent the right to pass approval and to make rejection and deduction for other expenditures, save the expenditures mentioned in above paragraph (h).

    (j) The Union Government is to take necessary steps according to the Union budget law enacted by the Pyidaungsu Hluttaw.

    (k) Additional funds allotment law is to be enacted in accord with the procedures mentioned above, if appropriations and permitted expenditure contained in the Union budget law promulgated by the Pyidaungsu Hluttaw for the fiscal year concerned in addition to the appropriations of extra income and expenditure are necessary to be allowed.

    (l) The Union Government is to take necessary steps according to the additional funds allotment law enacted by the Pyidaungsu Hluttaw.

    (m) Region or State Hluttaws concerned are to be in harmony with majority consent to exercise the right to pass approval and to make rejection and deduction to the budgets of regions or states through negotiation on the chief minister concerned including the funds received by respective regions or states from the Union Fund Account according to the Union budget law or the additional fund allotment law.

In doing so:

        (1) Salary and allowance of heads and members of organizations set up according to the Constitution of the State and expenditures of those organizations at Union level;

        (2) Salary and allowance of heads and members of leading bodies of self-administered area set up according to the Constitution of the State and expenditures of those bodies;

        (3) Debts the region or state has to settle, expenditures related to those debts, and other expenditures related to money borrowed by the region or state;

        (4) Expenditures to be paid according to verdict or order or decree released by the court or a particular tribunal; and

       (5) Other expenditures to be paid according to a particular existing law enacted by Region or State Hluttaw, for which discussions can be held at the Region or State Hluttaw. However, rejection and deduction are not allowed.

    (n) Taxes to be collected according to the law of the region or state and to be put in the Region or State Fund Account are as follows:

        (1) Land tax;

        (2) Excise;

        (3) Water tax, embankment tax of dams and embankments the region or state has the right to manage, and tax on the use of electricity produced by such facilities managed by the region or state;

        (4) Tolls from roads and bridges the region or state has the right to manage,

        (5)

            (aa) Royalty collected from fresh water fisheries,

            (bb) Royalty collected from marine fisheries located in limited distance;

        (6) Tax collected according to vehicles and vessels law of the region or the state;

        (7) Other benefits and profits realized from the sale and rent of property owned by the region or state;

        (8) Charges, taxes and other incomes realized from services provided by the region or state;

        (9) Fines imposed at Region or State Judicial Hluttaws including Region or State courts, taxes and other incomes collected for services provided;

        (10) Interests realized from the lending of money of the region or state funds;

        (11) Profits realized from investment made by the region or state;

        (12) Taxes collected for extraction of the following items from forests in the region or state:

            (aa) Taxes collected on all other timber except teak and designated hardwood;

           (bb) Taxes collected on firewood, charcoal,rattan, bamboo, birdnest, cutch, thanatkha, turpentine,eaglewood, and honey-based products;

        (13) Registration fees;

        (14) Taxes on entertainment;

        (15) Salt tax;

        (16) Funds received from the Union Fund Account;

        (17) Contributions by organizations relevant to development affairs in the region or state;

        (18) Unclaimed cash and property;

        (19) Treasure trove;

    (o) The region or state has the right to use their funds in accord with the law.

    (p) Except the taxes to be collected by the region or state, the Union is to collect all other taxes according to law and deposit them in the Union Fund Account

    (q) If incomes and types of taxes are designated to be collected by the region or state for Union territories, the Union is to collect them according to law and put them in the Union Fund Account.

    (r) The Union has the right to use the Union Fund

Account in accord with the law.