Pyidaungsu
Hluttaw shall enact required laws if the need arises to do so for the Union
territories in connection with matters for which legislative powers are
delegated to Region or State Hluttaws or self-administered division or zone
leading bodies
YANGON, 6 March — The following
is the full clarification of Secretary of the National Convention Convening Work
Committee U Thaung Nyunt, on behalf of the Work Committee Chairman, concerning
legislative powers for Union territories, the effect of the laws enacted by
different levels of the Hluttaw and the self-administered area leading bodies
and formation of Financial Commission, and Taxation and funds allotment among
the Pyidaungsu and Regions or States, for laying down detailed basic principles
for sharing of legislative power to be included in the State Constitution, at
Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, on 3 March.
First, U Thaung Nyunt presented
matters on Legislative powers for Union territories.
At the Plenary Meeting of the
National Convention held on 21 May 2004, the Chairman of the National Convention
Convening Work Committee explained matters in connection with the basic
principles to be laid down for the legislative powers to Union territories on
grounds of the matters relevant to the sharing of legislative power that shall
be included in writing the State constitution.
The delegate groups —the national
race delegate group, the peasant delegate group, the worker delegate group, the
intellectuals and intelligentsia delegate group, State service personnel
delegate group, the other invited persons delegate group and the delegate groups
of the political parties — The National Unity Party, the Union Pa-O National
Organization, the Mro (a) Khami National Solidarity Organization, the Lahu
National Development Party, the Union Kayin League, the Kokang Democracy and
Unity Party; and the Wa National Development Party — made discussions and
suggestions to lay down the following para as a detailed basic principle.
“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.”
Delegates of the
representatives-elect delegate group of the political parties presented the same
opinion as their respective parties.
Independent representatives-elect
discussed in support of the clarification made by the Work Committee Chairman.
In accord with the suggestions of
most of the delegate groups, the matter concerning “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.” is
laid down as a basic principle.
Next, U Thaung Nyunt presented
the effect of the laws enacted by different levels of the Hluttaw and the
self-administered area leading bodies.
At the National Convention on 21
March 2004, the Work Committee Chairman explained the detailed basic principles
that should be laid down for the effect of the laws enacted by different levels
of the Hluttaw and the self-administered area leading bodies.
The delegate groups —the national
race delegate group, the peasant delegate group, the worker delegate group, the
intellectuals and intelligentsia delegate group, State service personnel
delegate group and the other invited persons delegate group; and the delegate
groups of the political parties — The National Unity Party, the Union Pa-O
National Organization, the Mro (a) Khami National Solidarity Organization, the
Lahu National Development Party, the Union Kayin League, the Kokang Democracy
and Unity Party and the Wa National Development Party — made discussions and
suggestions to lay down the following paras as detailed basic principles.
1. If any 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 any 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 any 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 any 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 any of the provisions
stipulated in a law enacted by a region Hluttaw or a state Hluttaw is in
contrast with any 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 any 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 of the existing laws is in contrast with any 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 contrary to the Constitution.
Delegates of the
representatives-elect delegate group of the political parties presented the same
opinion as their respective parties.
Independent representatives-elect discussed in support of the clarification made
by the Work Committee Chairman.
In accord with the suggestions of
most of the delegate groups, the following detailed basic principles are laid
down in connection with the effect of the laws enacted by different levels of
the Hluttaw and the self-administered area leading bodies.
1. If any 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 any 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 any 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 any 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 any of the provisions
stipulated in a law enacted by a region Hluttaw or a state Hluttaw is in
contrast with any 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 any 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 of the existing laws is in contrast with any 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 contrary to the Constitution.
U Thaung Nyunt continued to
present matters on formation of Financial Commission, and Taxation and funds
allotment among the Pyidaungsu and Regions or States.
At the plenary session of the
National Convention held on 21 March 2004, the Work Committee Chairman explained
the detailed basic principles to be laid down for Formation of Financial
Commission, and Taxation and funds allotment among the Pyidaungsu and Regions or
States. The delegate groups gave suggestions and discussions on the matter.
The delegate groups —the national
race delegate group, the peasant delegate group, the worker delegate group, the
intellectuals and intelligentsia delegate group, and State service personnel
delegate group — and the delegate groups of the political parties — The Union
Pa-O National Organization, the Mro (a) Khami National Solidarity Organization,
the Lahu National Development Party, the Union Kayin League, and the Kokang
Democracy and Unity Party — made discussions and suggestions to lay down the
following detailed basic principles:
(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 Members
Regions and States
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 deposited 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 high courts 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 hard-wood;
(bb) Taxes collected on
firewood, charcoal, rattan, bamboo, birdnest, cutch, thanetkha, turpentine,
eaglewood, and honey-based products;
(13) Registration fees;
(14) Taxes on entertainments;
(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 put 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 deposit them in the Union Fund
Account.
(r) The Union has the right to
use the Union Fund Account in accord with the law.
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