Myanmar Constitution - Chapter 5

Myanmar Constitution - Chapter 5

ENGLISH TRANSLATION OF THE MYANMAR CONSTITUTION

Chapter 5—Executive

 

Formation of Executive

Pyidaungsu (Union) government

 

1. In connection with formation of the Pyidaungsu (Union) government,

(a) The Executive Head of State is the President of the State;

(b) (1) the executive power of the State is distributed among the Pyidaungsu, regions and states;

(2) self-administrative power is distributed to self-administered areas as stipulated by the State Constitution.

(c) The Union government of the State shall be formed with the following persons:

(1) the President of the State;

(2) Vice-Presidents;

(3) Union ministers;

(4) the Attorney-General of the Union.

(d) With the approval of the Pyidaungsu Hluttaw, the President of the State shall

(1) designate the Union government ministries as necessary. Moreover, he can make changes in and addition to the designated ministries;

(2) allocate the number of Union Ministers as necessary. Moreover, he can increase or reduce the allocated number.

(e) Union Ministers shall possess the following qualifications:

(1) they must have attained the age of 40 years;

(2) with the exception of age limit, they shall possess qualifications prescribed for Pyithu Hluttaw representatives;

(3) they shall be loyal to the State and citizenry.

 

Union Ministers and Deputy Ministers

 

2. In connection with appointment of Union ministers,

(a) The President of the State to appoint Union ministers shall

(1) select suitable persons who possess prescribed qualifications from among the Hluttaw representatives or non-Hluttaw representatives;

(2) obtain a list of nomination of suitable Tatmadaw members from the Commander-in-Chief of Defence Services for ministries of defence, security/ home affairs and border affairs;

(3) consult with the Commander-in-Chief of Defence Services if he desires to appoint Tatmadaw members as Union ministers for the ministries other than defence, security/home affairs and border affairs.

(b) The President of the State is to prepare together the list of persons he has selected and that of Tatmadaw members from the Commander-in-Chief of Defence Services, submit them to the Pyidaungsu Hluttaw and seek its approval,

(c) Pyidaungsu Hluttaw has no right to refuse a person nominated by the President of the State for the appointment of Union Minister unless it can prove the person concerned does not possess qualifications prescribed for Union Ministers,

(d) The President of the State has the right to submit again the list furnished with new name replacing the one who has not been approved by the Pyidaungsu Hluttaw for the appointment of the Union Minister,

(e) The President of the State shall appoint persons approved by the Pyidaungsu Hluttaw as Union Ministers; in appointing them, the President of the state is to allocate the ministry, or ministries which each Union Minister is to take charge,

(f) The President of the State shall inform the Pyidaungsu Hluttaw whenever he appoints the Union Ministers,

(g) The Union Ministers shall be responsible to the President of the state.

 

3. In connection with appointment of and assigning of duties to Deputy Ministers,

(a) The President of the State shall have the right to appoint the following persons, from among Hluttaw representatives or non- Hluttaw representatives, who possess the following qualifications, as the Deputy Ministers to assist the Union Ministers

(1) must be persons who have attained 35 years of age;

(2) with the exception of age limit, all who possess the qualifications prescribed for Pyithu Hluttaw representatives;

(3) must be loyal to the State and the citizenry.

(b) If the President is to appoint and assign duties to Deputy Ministers for defence, security/home affairs and border affairs, he shall obtain a list of nomination including suitable Tatmadaw members from the Commander-in-Chief of Defence Services,

(c) The President of the State shall consult with the Commander-in-Chief of Defence Services if he desires to appoint and assign duties to Tatmadaw members as Deputy Ministers for ministries other than defence, security/ home affairs and border affairs,

(d) The President of the State, in appointing and assigning duties to Deputy Ministers, shall allocate the ministries concerned,

(e) The Deputy Ministers shall be responsible to the respective Union Ministers and, through the respective Union Ministers, to the President of the State.

 

4. In connection with impeachment of any Union Minister,

(a) Any Union Minister shall be impeached for one of the following reasons:

(1) treason;

(2) violation of any provision of the Constitution;

(3) misconduct;

(4) being disqualified for Union Minister under the Constitution:

(5) inefficient discharge of duties assigned to him in accord with the law.

 

(b) When any Union Minister is impeached, it is to proceed in accord with provisions of the Constitution regarding impeachment of the President or the Vice-President,

(c) However, when the charge against any Union Minister who is impeached is maintained and the Hluttaw concerned decides that he is not fit to continue to hold office as Union Minister and informs the President of the matter, the President shall remove the Union Minister from office,

(d) If the Hluttaw concerned decides that the charge has been refuted, the okkahta of the Hluttaw shall inform the President.

 

5. In connection with the term of office, resignation, removal from office and replacement of Union Ministers and Deputy Ministers,

(a) The term of office of Union Minister and Deputy Minister shall generally be the same as the term of office of the President,

(b) If the Union Minister or Deputy Minister desires to resign from office of his own volition due to a certain cause before the expiry of the term of office, then he shall do so only after tendering his written resignation to the President,

(c) The President shall

(1) have the right to order the resignation of a Union Minister or Deputy Minister, who has failed to discharge his duties, and can remove him from office if he fails to comply with the orders;

(2) coordinate with the Commander-in-Chief of Defence Services and take steps if it is concerned with Tatmadaw member Union Minister or Deputy Minister who is to be caused to resign or to be removed from office.

(d) If the post of Union Minister or Deputy Minister falls vacant due to resignation, removal from office, death or any cause, the President shall have the right to appoint and assign duties to a new Union Minister or Deputy Minister in accordance with the provisions of the Constitution regarding appointment of the Union Minister or Deputy Minister. The term of office of newly appointed Union Minister or Deputy Minister shall be the same as the remaining term of office of the President,

(e) If the Union Minister or Deputy Minister is a representative of a Hluttaw, it is to be assumed that he has resigned as a Hluttaw representative from the date he is appointed Union Minister or Deputy Minister,

(f) (1) If the Union Minister or Deputy Minister is a civil servant, then it is to be assumed that he has retired as a civil servant according to the civil service rules and regulations from the date he is appointed Union Minister or Deputy Minister;

(2) Tatmadaw members who have been appointed Union Ministers and Deputy Ministers for defence, security/ home affairs and border affairs need not retire and resign from the Tatmadaw.

(g) If the Union Minister or Deputy Minister is a member of a political party, then he shall refrain from participating in party activities during the term of office from the date he is appointed Union Minister or Deputy Minister,

(h) (1) When the post of the President who appointed and assigned duties to Union Ministers and Deputy Ministers has fallen vacant due to resignation or death or any cause before the expiry of the term of office, the Union Ministers and Deputy Ministers shall continue to perform their duties until the new President, who has been elected and replaced the vacant post, has appointed and assigned duties to new Union Ministers and DeputyMinisters;

(2) The term of office of the newly appointed Union Ministers and Deputy Ministers shall be the same as the remaining term of office of the new President.

(i) Responsibilities, rights and privileges of Pyidaungsu Ministers and Deputy Ministers shall be prescribed by law.

 

Pyidaungsu Attorney-General and Deputy Attorney-General

 

6. In connection with the term of the Attorney-General, it shall be called Pyidaungsu Attorney-General.

 

7. In connection with the appointment and assignment of duties of Pyidaungsu Attorney-General,

(a) with the approval of the Pyidaungsu Hluttaw, the President of the State shall appoint a person, from among the Hluttaw representatives or persons who are not Hluttaw representatives, having the following qualifications, Pyidaungsu Attorney-General so as to get advice on legal matters and assign duties of a legal character:

(1) having attained the age of 45 years;

(2) apart from the age limit, having qualifications prescribed for Pyithu Hluttaw representatives;

(3) (aa) who has been for at least five years a judge of the Region or State Taya Hluttaw (High Court), or

(bb) who, if he is a judicial officer or a law officer, has been for at least ten years in a position not lower than region or state level, or

(cc) who has been an advocate of the Taya Hluttaw (High Court) of at least 20 years’ standing, or

(dd) who is assumed by the President to be a legal expert of prominent reputation,

(4) being a person who is loyal to the State and the citizens,

(b) Pyidaungsu Hluttaw shall not have the right to reject the person nominated by the President to be appointed Pyidaungsu Attorney-General unless it can prove clearly that he is not qualified for being Pyidaungsu Attorney- General,

(c) the President of the State has the right to submit new nomination to the Pyidaungsu Hluttaw in place of a person who has not been approved to be appointed and assigned duties as Pyidaungsu Attorney-General,

(d) Pyidaungsu Attorney- General is a member of the Pyidaungsu Government,

(e) Pyidaungsu Attorney-General is responsible to the President of the State.

 

8. In connection with impeachment of Pyidaungsu Attorney-General,

(a) Pyidaungsu Attorney-General shall be impeached for one ofthe following reasons:

(1) treason,

(2) violation of any of the provisions in the Constitution,

(3) misconduct,

(4) being disqualified for the post of Pyidaungsu Attorney-General under the Constitution,

(5) inefficient discharge of duties assigned to him in accord with the law.

(b) if it is desired to impeach Pyidaungsu Attorney-General, it shall proceed in accordance with provisions regarding the impeachment of the President of the State or Vice-President,

(c) if the respective Hluttaw submits that the charge has been sustained and the offence or the subject of the offence, is such as to render the Pyidaungsu Attorney-General unfit to continue in office, the President of the State shall terminate the Pyidaungsu Attorney-General from duties,

(d) if the respective Hluttaw decides that the charge has been refuted, the Hluttaw Chairman shall report the decision to the President of the State.

 

9. In connection with appointment of Deputy Attorney-General,

(a) The President of the State shall appoint of his own volition a person having the following qualifications from among Hluttaw representatives or persons who are not Hluttaw representatives Deputy Attorney-General to assist Pyidaungsu Attorney-General:

(1) being a person who has completed the age of 40,

(2) apart from the age limit, having qualifications prescribed for Pyithu Hluttaw representatives,

(3) being a person

(aa) who has been for at least five years a judge of region or state Taya Hluttaw (High Court), or

(bb) who, if he is a judicial personnel or a law personnel, has been at least ten years in a position not lower than region or state level, or

(cc) who has been the advocate of the Taya Hluttaw (High Court) of at least 15 years’ standing, or

(dd) who is assumed by the President to be a legal expert of prominent reputation,

(4) being a person who is loyal to the State and the citizenry,

(b) Deputy Attorney-General is responsible to the Pyidaungsu Attorney-General and to the President of the State through the Pyidaungsu Attorney-General.

 

10. In connection with the term of office, resignation, termination of duties and filling the vacant post of the Pyidaungsu Attorney-General or Deputy Attorney-General

(a) The term of office of the Pyidaungsu Attorney-General or Deputy Attorney-General shall generally be the same as that of the President of the State;

(b) The Pyidaungsu Attorney-General or Deputy Attorney-General may resign of his own accord before the expiry date of the term of office after submitting his resignation to the President of the State;

(c) The President of the State may instruct the Pyidaungsu Attorney-General or Deputy Attorney-General who cannot perform duties fully to resign and shall have right to remove him from office for failure to follow the instruction;

(d) The President of the State shall, if the post of the Attorney-General or Deputy Attorney-General becomes vacant in the event of resignation, or being removed from office, or death, or any cause, appoint a new Attorney-General or Deputy Attorney-General in accord with the provisions under the Constitution. The remaining tenure of office of the President of the State shall be prescribed for the term of office of the new Attorney-General or Deputy Attorney-General;

(e) If Pyidaungsu Attorney- General or Deputy Attorney-General is a representative of a Hluttaw, he shall be deemed to have vacated his seat in that Hluttaw from the date he is appointed the Attorney-General or the Deputy Attorney-General;

(f) If Pyidaungsu Attorney-General or Deputy Attorney-General is a civil servant, he shall be deemed to have retired in accord with the existing rules and regulations from the date he is appointed the Attorney-General or the Deputy Attorney-General;

(g) If Pyidaungsu Attorney-General or Deputy Attorney-General is a member of a political party, he shall not perform the duties of that party during his tenure of office from the date he is appointed the Attorney-General or Deputy Attorney-General;

(h) (1) When the post of the President of the State who had appointed and assigned duties to the Pyidaungsu Attorney-General and Deputy Attorney-General fell vacant in the event of resigning, passing away or any other reason, the new President of the State who has been elected as replacement shall continue to assign duties to them, or appoint and assign duties to new Pyidaungsu Attorney-General and new Deputy Attorney-General according to the provisions of the Constitution. If so, the Pyidaungsu Attorney-General and Deputy Attorney-General shall be allowed to continue to perform their duties up to the time when the new Pyidaungsu Attorney-General and Deputy Attorney-General have been appointed and assigned duties,

(2) The remaining tenure of office of the President of the State shall be prescribed for the term of office of the new Attorney-General or Deputy Attorney-General.

(i) The duties, powers and privileges of Pyidaungsu Attorney General or Deputy Attorney-General shall be prescribed by law.

 

11. In connection with prescribing the status of Pyidaungsu Attorney-General and Deputy Attorney-General,

- Pyidaungsu Attorney-General is prescribed to be of the same status as Pyidaungsu Minister and the Deputy Attorney-General is prescribed to be of the same status as Deputy Minister, for the purpose of reference in prescribing by law responsibilities, rights and privileges of Pyidaungsu Attorney-General and Deputy Attorney-General.

 

Union Auditor-General and Deputy Auditor-General

 

12. In connection with the term of the Auditor-General,

- It shall be called Pyidaungsu Auditor-General.

 

13. In connection with the appointment of and assignment of duties of Pyidaungsu Auditor-General,

(a) with the approval of the Pyidaungsu Hluttaw, the President of the State shall appoint a person, from among the Hluttaw representatives or persons who are not Hluttaw representatives, having the following qualifications, Pyidaungsu Auditor-General so as to audit State budget and report to the Pyithu Hluttaw and Amyotha Hluttaw;

(1) being a person who has completed the age of 45;

(2) apart from the age limit, having qualifications prescribed for Pyithu Hluttaw representatives;

(3) (aa) who has been for at least ten years an auditor of not lower than the region or the state level, or

(bb) who has been for at least twenty years a Registered Accountant or a Certified Public Accountant, or

(cc) who is assumed by the President to be a well-known accountant, statistician or economist of good reputation,

(4) being a person who is loyal to the State and the citizens;

(b) Pyidaungsu Hluttaw shall not have the right to reject the person nominated by the President to be appointed Pyidaungsu Auditor-General unless it can prove clearly that he is not qualified for being Pyidaungsu Auditor-General,

(c) the President of the State has the right to submit new nomination to the Pyidaungsu Hluttaw in place of a person who has not been approved to be appointed and assigned as Pyidaungsu Auditor-General,

(d) Pyidaungsu Auditor-General is responsible to the President of the State.

 

14. In connection with impeachment of the Auditor-General of the Union,

(a) the Auditor-General of the Union may be impeached for any of the following:

(1) treason,

(2) violation of a provision of the Constitution,

(3) moral turpitude,

(4) default in qualifications of the Auditor-General of the Union,

(5) inefficient discharge of duties assigned to him in accord with the law.

(b) If it is desired to impeach the Auditor-General of the Union, it shall be proceeded in accord with the provisions for impeachment of the President or the Vice-President of the State;

(c) If the Hluttaw conducting the inquiry decides and submits that the impeachment is true and that the person impeached is not fit to keep on serving as the Auditor-General of the Union, the President shall terminate that person’s performance of duties as the Auditor-General of the Union;

(d) If the Hluttaw conducting the inquiry decides and submits that the impeachment is false, it shall so be reported to the President of the State by the okkahta of the Hluttaw concerned.

 

15. In connection with the appointment of the Deputy Auditor-General,

(a) The President of the State shall at own discretion appoint a person who possesses the following qualifications, from among Hluttaw representatives or non-Hluttaw representatives, as the Deputy Auditor-General to assist the Auditor-General of the Union:

(1) person who has completed 40 years of age

(2) person who possessing qualifications prescribed for Pyithu Hluttaw representatives, except for the age limit

(3) (aa) person who has served at least ten years in an auditor’s post not lower than Region or State level, or

(bb) person who has served as Registered Accountant or Certified Public Accountant for at least 15 years, or

(cc) person whom the President of the State regards as one competent in statistics, or accounting or economics with high repute.

(4) person loyal to the State and the citizenry,

(b) The Deputy Auditor-General shall be responsible to the Auditor-General, and through the Auditor-General to the President of the State.

 

16. In connection with the tenure of post, the right to resign from the post, the right to effect termination of duties, and the right to make appointments to fill vacant posts of the Auditor-General of the Union and the Deputy Auditor-General etc,

(a) The tenure of the Auditor-General of the Union and the Deputy Auditor-General shall normally be the same as that of the President of the State,

(b) The Auditor-General of the Union or the Deputy Auditor - General, in the event of wishing to resign on own volition for some reason before the end of the tenure, may submit so in writing to the President of the State and do so,

(c) The President of the State may order the resignation of the Auditor-General of the Union or the Deputy Auditor-General who is unable to discharge the given duties fully, or, in the event of non-compliance, shall order termination of duties of the same,

(d) In the event there comes about a vacancy in the post of the Auditor-General of the Union or the Deputy Auditor-General due to resignation, termination of duties, death or any other cause before the end of the tenure of post, the President of the State may appoint- a new Auditor-General of the Union or Deputy Auditor-General in accord with the provisions on appointment of the Auditor-General of the Union or the Deputy Auditor-General as contained in the State Constitution. The tenure of the Auditor-General of the Union or Deputy Auditor-General shall be only for the remainder of the tenure of the President of the State,

(e) In the event the Auditor-General of the Union or the Deputy Auditor-General happens to be a representative in a Hluttaw, this person shall be deemed to have resigned as a Hluttaw representative from the date of appointment as the Auditor-General of the Union or the Deputy Auditor-General,

(f) In the event the Auditor-General of the Union or the Deputy Auditor-General happens to be a civil servant, this person shall be deemed to have retired as a civil servant in accord with existing service regulations from the date of appointment as the Auditor-General of the Union or the Deputy Auditor-General,

(g) In the event the Auditor-General of the Union or the Deputy Auditor-General happens to be a member of a political party, this person shall not participate in Party activities of that party organization during the tenure of the post from the date of appointment as the Auditor-General of the Union or the Deputy Auditor - General,

(h) (1) In the event there comes about a vacancy in the post of the President of the State who has appointed the Auditor- General of the Union and the Deputy AuditorGeneral due to resignation, termination of duties, death or any other cause before the end of the tenure of office, the new President of the State elected as replacement may retain them or appoint a new Auditor-General of the Union and Deputy Auditor -General in accord with the provisions on appointment of the Auditor General of the Union and the Deputy Auditor-General as contained in the State Constitution. In such an event, the President of the State may have the incumbents carry on in their posts till the new ones are appointed,

 

(2) The tenure of the Auditor-General of the Union and Deputy Auditor-General so appointed as replacements shall be only for the remainder of the tenure of the new President of the State.

(i) Duties, rights and privileges of the Auditor- General of the Union and Deputy Auditor-General shall be prescribed by law.

 

17. In connection with the status of the Auditor-General of the Union and the Deputy Auditor - General,

- the Auditor-General of the Union is prescribed to be of the same status as Union Minister, and the Deputy Auditor-General is prescribed to be of the same status as Deputy Minister, for the purpose of reference in prescribing by law duties, rights and privileges of the Auditor-General of the Union and the Deputy Auditor-General.

 

Formation of Union Civil Service Board

 

18. In connection with formation of the Union Civil Service Board,

(a) The President of the State shall form the Union Civil Service Board to carry out duties of selecting and training personnel of civil service and laying down regulations of civil service,

(b) The President of the State shall appoint persons who possess the following qualifications as chairman and members of the Union Civil Service Board:

(1) person who is fully 50 years old

(2) person who possesses qualifications prescribed for Pyithu Hluttaw representatives except for the age stipulation

(3) members of the intelligentsia and intellectuals mature in experience

(4) person loyal to the State and the citizenry

(5) person who is not a member of a political party

(6) person who is not a Hluttaw representative

(c) The chairman of the Union Civil Service Board shall be responsible to the President of the State and members of the board shall be responsible to the chairman and through the chairman of the board to the President of the State,

(d) The tenure of the chairman and members of the Union Civil Service Board shall normally be the same as that of the President of the State,

(e) Formation of the Union Civil Service Board, duties, rights and privileges of the chairman and members, resignation and termination of duties shall be prescribed by law.

 

19. In connection with the status of the chairman of the Union Civil Service Board, the chairman of the Union Civil Service Board is prescribed to be of the same status as Union Minister, for the purpose of reference in prescribing by law duties, rights and privileges of the chairman of the Union Civil Service Board.

 

Region or State Government

 

20. In connection with the terms referring to leader of Region or State and members of Region or State government,

(a) the leader of Region or State shall be known as Chief Minister of the Region or State;

(b) members of Region or State government shall be known as Minister of the Region

or State.

 

21. In connection with formation of Region government or State government and appointment of the Chief Minister of Region or State,

(a) Region government is formed in a Region and State government is formed in a State,

(b) Region or State government is formed with the following persons:

(1) Chief Minister of Region or State

(2) Ministers of Region or State

(3) Advocate - General of Region or State

(c) With the approval of Region or State Hluttaw concerned, the President of the State;

(1) may prescribe Region or State ministries as necessary, and may make changes or additions to the ministries so prescribed;

(2) may prescribe the number of Region or State ministers as necessary and may decrease and increase this number so prescribed;

(d) Chief Minister and Ministers of Region or State shall possess the following qualifications:

(1) person who is fully 35 years old

(2) person who possesses qualifications prescribed for Region or State Hluttaw representatives except for the age stipulation

(3) person who is loyal to the State and the citizenry

(e) For appointment as the Chief Minister of Region or State, the president of the State shall

(1) select a suitable Hluttaw representative who possesses prescribed qualifications from among Region or State Hluttaw representatives concerned;

(2) send the nomination of the selected Hluttaw representative to the Region or State Hluttaw concerned and seek its approval thereof.

(f) The President of the State shall appoint the Hluttaw representative approved by Region or State Hluttaw as the Chief Minister of Region or State

(g) Region or State Hluttaw shall have no right to turn down the Hluttaw representative nominated by the President of the State for appointment as Chief Minister of Region or State, unless it can clearly show that person does not fully possess the qualifications prescribed for the post of the Chief Minister of Region or State

(h) The President of the State has the right to submit a new nomination to the Region or State Hluttaw in place of the person who does not get approval of the Region or State Hluttaw for appointment as the Chief Minister of Region or State.

 

22. In connection with the appointment of Region or State Ministers,

(a) In order to appoint Region or State Ministers, the Region or State Chief Minister shall

(1) select suitable persons who possess prescribed qualifications from among the Region or State Hluttaw representatives or non- Hluttaw representatives;

(2) ask a list of names of suitable Tatmadaw members from the Commander-in-Chief of Defence Services to assign security and border affairs responsibilities;

(3) ask the nomination of the okkahta from the self-administered division or self-administered zone leading body in the respective region or state;

(4) obtain the list of Hluttaw representatives elected to undertake the affairs of national races in the respective region or state from the respective Election Commission.

(b) The Region or State Chief Minister shall prepare together the list of persons he has selected and that of Tatmadaw members nominated by the Commander-in-Chief of Defence Services, submit them to the respective Region or State Hluttaw and seek its approval;

(c) Region or State Hluttaw has no right to reject a person nominated by the Region or State Chief Minister for the appointment of Region or State Minister unless it can prove clearly the person concerned does not possess qualifications prescribed for Region or State Ministers;

(d) the Region or State Chief Minister has the right to submit again the list furnished with new name replacing the one who has not been approved by the Region or State Hluttaw for the appointment of the Region or State Minister;

(e) the Region or State Chief Minister shall submit the names approved by the Region or State Hluttaw, that of okkahta of the self-administered division or self-administered zone and that of Hluttaw representatives elected to undertake the affairs of national races for appointment as Region or State Ministers;.

(f) The President of the State shall appoint persons submitted by the Region or State Chief Minister as Ministers; in appointing them, he shall allocate, in consultation with the respective Region or State Chief Minister, the ministry or ministries which each Region or State Minister is to take charge;

(g) The President of the State shall

(1) assign duties to the self- administered division okkahtas or self- administered zone okkahtas who are Region or State Ministers, to undertake the affairs of respective self-administered division or self- administered zone;

(2) assign duties to the Hluttaw representatives elected to undertake the affairs of national races, who are Region or State Ministers, to undertake the affairs of the national races concerned;

(h) The President of the State shall exercise relaxation of stipulation on age limit in the State Constitution in appointing Region or State Ministers, the okkahta of the self administered division or self - administered zone or Hluttaw representatives elected to undertake the affairs of national races;

(i) The President of the State, in consultation with the Chief Minister, may appoint Ministers for self- administered division or self-administered zone and Ministers for national race affairs as Ministers concurrently in charge of other ministries as well;

(j) The Region or State Chief Minister, if desirous of assigning Tatmadaw members as Region or State Ministers for other responsibilities other than security and border areas affairs responsibilities, shall coordinate with the Commander-in - Chief of Defence Services, obtain the approval of the respective Region or State Hluttaw, and submit it to the President of the State;

(k) The President of the State is to send intimation of the appointments of Region or State Chief Minister and Ministers to the Region or State Hluttaw and Pyidaungsu Hluttaw;

(l) (1) The Region or State Chief Minister Shall be responsible to the President of the State.

(2) The Region or State Ministers shall be responsible to the Region or State Chief Minister concerned, and, through the Chief Minister, to the President of the State.

(m) The term of office of the Region or State Chief Minister and Ministers shall normally be the same as that of the President of the State.

 

23. In connection with impeachment of Region or State Chief Minister or any of the Ministers,

(a) Region or State Chief Minister or any of the Ministers, shall be impeached for one of the following reasons:

(1) treason,

(2) violation of any of the provisions in the Constitution,

(3) misconduct,

(4) being disqualified for the post of Region or State Chief Minister or Minister under the Constitution:

(5) inefficient discharge of duties assigned to him in accord with the law.

(b) If it is desired to impeach a Region or State Chief Minister or Minister for any of the above reasons, a proposal in writing signed by not less than one - fourth of the total membership of the Region or State Hluttaw shall be submitted to the okkahta of the Hluttaw concerned,

(c) The Okkahta of the Hluttaw concerned shall form an investigation commission and cause the charge to be investigated. The term pending the completion of the investigation shall be determined depending on the magnitude of the charge,

(d) The Region or State Chief Minister or Minister thus charged shall have the right to appear or to be represented at the investigation of the charge and be given the chance to refute it,

(e) (1) The Okkahta of the Hluttaw shall report to the Region or State Hluttaw concerned the results of the investigation submitted to him by the investigation commission by which the charge against the Region or State Chief Minister or Minister has been investigated, and then report to the President of the State if a resolution is passed, supported by not less than two- thirds of the total membership of the Hluttaw concerned, declaring that the charge has been substantiated and that of the offence, the subject of the charge, is such as to render Region or State Chief Minister or Minister unfit to continue in office;

(2) The President of the State, upon receipt of the submission, shall proceed to remove the Region or State Chief Minister or Minister who has been impeached;

(3) If the Hluttaw concerned decides that the charge has been refuted, the Okkahta of the Hluttaw concerned shall report the decision to the President of the State.

 

24. In connection with resignation, removal from office and filling the vacated post of a Region or State Chief Minister or any of the Ministers,

(a) If a Region or State Chief Minister or any of the Ministers desires to resign on his own volition or any reason before the expiry of the term of office, he shall be permitted to do so after he has submitted his letter of resignation to the President of the State,

(b) The President of the State shall

(1) instruct the Region or State Chief Minister or Minister, who is incapable of performing duties properly, to resign, and proclaim removal from office in the event of failure to comply with his instruction,

(2) coordinate with the Commander-in-Chief of Defence Services if the person to resign or be removed from office is the Tatmadaw member Region or State Minister nominated by the Commander-in-Chief of Defence Services.

(c) If the post of the Region or State Chief Minister or Minister becomes vacant in the event of resignation, or being removed from office, or death, or any reason, the President of the State shall take steps to fill the vacant post in accord with the provisions of the Constitution in coordination with the Region or State Hluttaw. The remaining tenure of the President of the State shall be prescribed for the term of office of the newly appointed person,

(d) (1) If the Region or State Minister is a civil servant, he shall be deemed to have retired from his position as civil servant in accord with the existing rules and regulations from the date he is appointed the Region or State Minister;

(2) Tatmadaw members who have been appointed Region or State Ministers for Security and Border Affairs of the Region or State Governments need not retire or resign from the Tatmadaw.

(e) Responsibilities, rights and privileges of the Region or State Chief Minster and Ministers shall be prescribed by law.

 

25. In connection with prescribing the status of the Region or State Chief Minister and Minister,

-The Region or State Chief Minister is prescribed to be of the same status as Pyidaungsu Minister and the Region or State Minister is prescribed to be of the same status as Deputy Minister, for the purpose of reference in prescribing by law responsibilities, rights and privileges of the Region or State Chief Minister or Minister.

 

Region or State General Administration Department

 

26. In connection with the head of the General Administration Department of the Region or State concerned,

-The head of the General Administration Department of the Region or State concerned shall act ex officio as secretary of the government of the Region or State concerned. Moreover, the General Administration Department of the Region or State shall be the office of the government of the Region or State concerned.

 

Region or State Attorney-General

 

27. In connection with the term referring to the Attorney-General of the Region or State,

- It shall be called the Advocate-General of the Region or State.

 

28. In connection with the appointment of and assigning duties to the Advocate-General of the Region or State,

(a) The Chief Minister of the Region or State shall get the approval of the Region or State Hluttaw concerned in appointing and assigning duties to a person, from among Hluttaw representatives or non-Hluttaw representatives, having the following qualifications as the Region or State Advocate-General in order to get legal advice and assign duties of a legal character and submit the matter to the President:

(1) being a person who has attained the age of 40 years:

(2) being a person who possesses qualifications, except for age limit, prescribed for Region or State Hluttaw representatives;

(3) (aa) being a person who has been for at least five years a judicial officer or a law officer not lower than the Region or State level, or being a person who has been for at least ten years a judicial officer or a law officer not lower than district level, or

(bb) being a person who has been an advocate of the Taya Hluttaw (High Court ) of at least 15 years’ standing.

(4) being a person loyal to the State and the citizenry.

(b) The Chief Minister of the Region or State concerned shall send a nominee after obtaining approval from the Hluttaw concerned for assignment of duties as the Advocate-General of the Region or State concerned, to the President who shall then appoint him the Advocate-General of the Region or State concerned,

(c) The Region or State Hluttaw concerned has no right to reject the nominee to be appointed Advocate-General of the Region or State concerned unless it can be clearly proved that he does not fully possess qualifications prescribed for the post of the Advocate-General of the Region or State,

(d) The Chief Minister of the Region or State has the right to submit again a new list furnished with a new nominee replacing the person who has not been approved by the Region or State Hluttaw concerned for appointment as the Advocate-General of the Region or State concerned,

(e) The Advocate-General of the Region or State is member of the government of that Region or State,

(f) The Advocate-General of the Region or State is

(i) responsible to the President of the State through the Chief Minister of the Region or State concerned;

(ii) responsible to the Pyidaungsu Attorney-General and to the Chief Minister of the Region or State concerned.

(g) If there arises a cause to impeach the Advocate-General of the Region or State, it shall be proceeded in accordance with the provisions of the Constitution regarding impeachment of the Chief Minister or a Minister.

(h) The Advocate-General of the Region or State is subject to provisions of the Constitution prescribed for the Chief Minister of the Region or State or Ministers concerning resignation, termination from duty, filling the vacant post and deeming the person to have retired in case of being a civil service personnel,

(i) Responsibilities, rights and privileges of the Advocate-General of the Region or State shall be prescribed by law.

 

29. In connection with prescribing the status of the Advocate-General of the Region or State,

-The Advocate-General of the Region or State is prescribed to be of the same status as the Region or State Minister for the purpose of reference in prescribing by law responsibilities, rights and privileges of the Advocate-General of the Region or State.

 

Region or State Auditor-General

 

30. In connection with the term regarding the Auditor- General of the Region or State,

- It shall be called the Auditor- General of the Region or State.

 

31. In connection with appointment of and assigning duties to the Auditor-General of the Region or State,

(a) The Chief Minister of the Region or State shall select a person from among Hluttaw representatives or non - Hluttaw representatives who possesses the following qualifications for appointment of and assigning duties as the Auditor-General of the Region or State concerned to be able to audit the Region or State budget and submit it to the Region or State, Hluttaw concerned, obtain approval of the Region or State Hluttaw concerned and report the nomination to the President:

(1) being a person who has completed the age of 40;

(2) With the exception of age limit, being a person who has qualifications prescribed for Region or State Hluttaw representative,

(3) (aa) being a person who has been for at least five years an auditor not lower than Region or State level, or who has been for at least ten years an auditor not lower than district level, or

(bb) being a person who has been for at least 15 years a Registered Accountant or a Certified Public Accountant;

(4) being a person who is loyal to the State and the citizenry.

(b) The Chief Minister of the Region or State shall send a nominee, after obtaining approval from the Hluttaw concerned for assignment of duties as the Auditor- General of the Region or State concerned, to the President who shall then appoint the person the Auditor- General of the Region or State concerned,

(c) The Region or State Hluttaw concerned has no right to reject the nominee to be appointed Auditor - General of the Region or State concerned unless it can be clearly proved that he does not fully possess qualifications prescribed for the post of the Auditor-General of the Region or State,

(d) The Chief Minister of the Region or State has the right to submit again a new list furnished with a new nominee replacing the person who has not been approved by the Region or State Hluttaw concerned for appointment as the Auditor- General of the Region or State concerned,

(e) The Auditor-General of the Region or State is

(i) responsible to the President through the Chief Minister of the Region or State concerned;

(ii) responsible to the Pyidaungsu Auditor-General and to the Chief Minister of the Region or State concerned.

(f) If there arises a cause to impeach the Auditor- General of the Region or State , it shall be proceeded in accordance with the provisions of the Constitution regarding impeachment of the Chief Minister of the Region or State or a Minister,

(g) The Auditor- General of the Region or State is subject to provisions of the Constitution prescribed for the Chief Minister of the Region or State or Ministers concerning resignation, termination from duty, filling the vacant post and deeming the person to have retired in case of being a civil service personnel,

(h) Responsibilities, rights and privileges of the Auditor- General of the Region or State shall be prescribed by law.

 

32. In connection with prescribing the status of the Auditor-General of the Region or State,

-The Auditor-General of the Region or State is prescribed to be of the same status as the Region or State Minister for the purpose of reference in prescribing by law responsibilities, rights and privileges of the Auditor- General of the Region or State.

 

Self-Administered Division or Self-Administered Zone Administrative Body

 

33. In connection with the term referring to the administrative body of the self-administered division or self-administered zone,

-The administrative body of the self- administered division or self- administered zone shall be called the oo-zi aphwe (leading body) of the self- administered division or oozi aphwe (leading body) of the self administered zone.

 

34. In connection with the formation of the self- administered division leading body and the self- administered zone leading body,

(a) Being self- administered areas, self- administered divisions and self- administered zones are of equal status,

(b) There are self- administered division leading bodies and self- administered zone leading bodies formed in the self administered divisions and the self administered zones respectively. The leading bodies exercise legislative power vested in them under the Constitution,

(c) There shall include at least 10 members in the self- administered division leading body or the self -administered zone leading body,

(d) The self- administered division leading body or the self -administered zone leading body shall be constituted with the following persons:

(1) Region or State Hluttaw representatives elected from townships in the self-administered division or self-administered zone concerned;

(2) Tatmadaw member representatives nominated according to law by the Commander-in-Chief of Defence Services in order to assign duties regarding security or border affairs:

(3) additional representatives chosen and assigned by persons stated in subparagraphs (1) and (2).

(e) members of the self- administered division leading body or self-administered zone leading body stated in above paragraph (d) (1) and (2) are to choose, after consultations among themselves, a suitable person as the self- administered division okkahta or self- administered zone okkahta out of the region or state Hluttaw representatives elected from the townships in the self- administered division or self-administered zone. The person thus chosen is to be submitted to the President of the State through the respective Region or State Chief Minister,

(f) The President of the State is to appoint the submitted nominee as the Okkahta of the respective self-administered division or self- administered zone,

(g) The Okkahta of the self- administered division or self -administered zone is Minister in the region or state concerned. Except this method of appointing Region/State Minister, provisions in the Constitution will also apply to the self- administered division Okkahta or self- administered zone Okkahta,

(h) The Okkahta of the self- administered division or self- administered zone and members of the leading body concerned shall,

(1) choose one representative for each national race, if there is any, the population of which is upwards of at least 10,000, residing in the self- administered division or self-administered zone as leading committee member with the exception of national races who have already got regions or states of their own. The person chosen and appointed as leading committee member shall possess qualifications prescribed for region or state Hluttaw representatives.

 

(2) choose suitable persons as members from among those residing in the self-administered division or self-administered zone concerned, who possess qualifications prescribed for region or state Hluttaw representatives, if the membership is not up to ten in the self-administered division leading body or self-administered zone leading body concerned so that membership will become at least ten.

(i) The Commander-in-Chief of Defence Services shall assign as necessary one - fourth of the total membership with Tatmadaw members in the self -administered division leading bodies or self- administered zone leading bodies.

 

(j) Tatmadaw members nominated according to law by the Commander-in - Chief of Defence Services to be assigned as members of the self-administered division leading bodies or self-administered zone leading bodies shall possess qualifications of the region or state Hluttaw representatives,

 

(k)(1) The Okkahta of the respective self-administered division leading bodies or self-administered zone leading bodies shall announce the names of members of the self-administered division leading body or self-administered zone leading body.

(2) The Okkahta of the self-administered division leading body or self-administered zone leading body shall be responsible to the respective region or state Chief Minister and through the Chief Minister to the President of the State.

(3) Members of the self-administered division leading bodies or self-administered zone leading bodies shall be responsible to the Okkahta.

(4) The term of office, taking action, resignation, termination of duty and filling up vacant posts of the Okkahta and members of the self-administered division leading bodies or self-administered zone leading bodies shall be prescribed by law.

(l) Duties, rights and privileges of the Okkahta and members of the self-administered division leading bodies or self-administered zone leading bodies shall be prescribed by law.

 

Self-administered Division or Self-administered Zone General Administration Department

 

(m) The head of General Administration Department in the respective self-administered division or self-administered zone concerned shall serve as secretary of the self-administered division leading body or self-administered zone leading body. Moreover, the General Administration Department in the self-administered division or self-administered zone shall be the office of the self-administered division leading body or self-administered zone leading body.

 

Administration of Nay Pyi Taw

 

35. In connection with administration of Nay Pyi Taw that is Union territory,

(a) Nay Pyi Taw, that is Union territory, shall include all districts and townships within Nay Pyi Taw city development limits that exist on the day this Constitution comes into force.

(b) The President of the State may, as necessary, effect changes in demarcation of districts and townships in Nay Pyi Taw that is Union territory.

(c) The President of the State

(1) shall constitute a Nay Pyi Taw Council;

(2) shall appoint persons who possess prescribed qualifications as chairman and members of Nay Pyi Taw Council;

(3) shall obtain from the Commander-in-Chief of the Defence Services a nomination of suitable Tatmadaw member or members who possess prescribed qualifications for appointment as Council member or members for coordination of matters of security of Nay Pyi Taw that is Union territory;

(4) may, as necessary, prescribe, in accord with law, the number of members, including the chairman, to serve on Nay Pyi Taw Council.

(d) The chairman and members of Nay Pyi Taw Council shall possess the following qualifications:

(1) person fully 35 years old;

(2) person who possesses qualifications prescribed for Pyithu Hluttaw representatives except for the age stipulation;

(3) person who possesses other qualifications prescribed by the President of the State;

(e) The chairman of Nay Pyi Taw Council shall be responsible to the President of the State; members shall be responsible to the chairman of Nay Pyi Taw Council and through the latter to the President of the State.

(f) In connection with tenure, right to resign, termination of duties, and appointment to fill vacated posts of the chairman and members of Nay Pyi Taw Council,

(1) The tenure of the chairman and members of Nay Pyi Taw Council shall normally be the same as that of the President of the State;

(2) The chairman or a member of Nay Pyi Taw Council, in the event of wishing to resign on own volition for some reason before the end of the tenure, may submit so in writing to the President of the State and do so;

(3) The President of the State

(aa) may order the resignation of the chairman or a member of Nay Pyi Taw Council who is unable to discharge the given duties fully or, in the event of noncompliance, shall order termination of the duties of the same.

(bb) shall act in coordination with the Commander-in-Chief of the Defence Services in the case of a Tatmadaw member who is a member of Nay Pyi Taw Council that is to resign or that is going to get termination of duties.

(4) In the event there comes about a vacancy in the post of the chairman or a member of Nay Pyi Taw Council due to resignation, termination of duties, death or any other cause, the President of the State may appoint a new chairman or member of Nay Pyi Taw Council in accord with the provisions in the State Constitution. The tenure of the new chairman or member of Nay Pyi Taw Council shall be only for the remainder of the tenure of the President of the State.

(g) In the event the chairman or member of Nay Pyi Taw Council happens to be a representative in a Hluttaw, this person shall be deemed to have resigned as a Hluttaw representative from the date of appointment as the chairman or member of Nay Pyi Taw Council.

(h) In the event the chairman or member of Nay Pyi Taw Council happens to be a civil servant, this person shall be deemed to have retired or resigned as a civil servant in accord with existing service regulations from the date of appointment as the chairman or member of Nay Pyi Taw Council.

(i) Tatmadaw member or members who are appointed member or members of Nay Pyi Taw Council for coordination of matters of security of Nay Pyi Taw need not retire or resign from the Tatmadaw.

(j) In the event the chairman or member of Nay Pyi Taw Council happens to be a member of a political party, this person shall not participate in party activities of that party organization during the tenure of the post from the date of appointment as the chairman or member of Nay Pyi Taw Council.

(k) Formation of Nay Pyi Taw Council, duties, rights and privileges of the chairman and members of Nay Pyi Taw Council shall be prescribed by law.

(l) The head of General Administration Department of Nay Pyi Taw is the secretary of Nay Pyi Taw Council. General Administration Department of Nay Pyi Taw is the office of Nay Pyi Taw Council.

 

36. In connection with prescribing of status of the chairman and members of Nay Pyi Taw Council,

-The chairman of Nay Pyi Taw Council is prescribed as of the same status as Union Minister, for purpose of reference in prescribing by law duties, rights and privileges of the chairman and members of Nay Pyi Taw Council.

 

37. In connection with administration at district and township level,

-administration at district and township level shall be carried out, assigned to State service personnel.

 

38. In connection with administration at ward or village tract level,

-administration at ward or village tract level shall be carried out, assigned in accord with law, to a person of integrity respected by the community.

 

Sharing of the Executive Power

Powers and Functions of the President

 

1. The President shall be responsible to the Pyidaungsu Hluttaw. The Vice-Presidents shall be responsible to the President and also to the Pyidaungsu Hluttaw through the President.

2. To be able to discharge the duties assigned in accord with the Constitution or any of the law, the National Defence and Security Council led by the President shall be formed with the following persons:

1. President

2. Vice-President

3. Vice-President

4. Speaker of the Pyithu Hluttaw

5. Speaker of the Amyotha Hluttaw

6. Commander-in-Chief of Defence Services

7. Deputy Commander-in-Chief of Defence Services

8. Minister for Defence

9. Minister for Foreign Affairs

10. Minister for Home Affairs

11. Minister for Border Affairs

3. The President shall have

(a) the right of pardon

(b) the right of amnesty in accord with recommendation of the National Defence and Security Council.

 

4. The President shall

(a) confer honours and awards

(b) revoke titles, honours and awards.

 

5. The President shall establish or sever diplomatic relations with foreign nations with the approval of the Pyidaungsu Hluttaw. But in the cases which need immediate action, the President shall coordinate with the National Defence and Security Council to sever diplomatic relations with foreign nations, and he shall seek the approval of the Pyidaungsu Hluttaw concerning the action taken by him.

 

6. The President of the Union, in accord with law,

(a) shall appoint and recall the diplomats of the country;

(b) shall agree on the appointment of foreign diplomats and send information on the recall

(c) shall accept the letters of accreditation presented by foreign diplomats.

 

7. The President of the Union, in accord with law, shall appoint and dismiss heads of bodies of public services.

 

8. The President of the Union, in accord with law,

(a) shall enter into, ratify or annul international, regional or bilateral treaties, or withdraw from such treaties with the approval of the Pyidaungsu Hluttaw; and

(b) shall enter into, ratify or annul international, regional or bilateral treaties which do not require the approval of the Pyidaungsu Hluttaw, or withdraw from such treaties.

 

9. The President of the Union shall have the right to occasionally deliver an address or a message to the meeting of the Pyidaungsu Hluttaw, or the meeting of the Pyithu Hluttaw or the Amyotha Hluttaw, or to the whole country on any matter regarding the policies and conditions of the State.

 

10. The President of the Union shall communicate with the Speaker of the Pyidaungsu Hluttaw to summon an emergency or special session of the Pyidaungsu Hluttaw if necessary.

 

11. (a) Except Union budget matters, the President shall have the right to issue an ordinance on administrative matters that need immediate action during intervals between sessions of the Pyidaungsu Hluttaw.

(b) If the President has not withdrawn the ordinance issued under sub para (a), he shall submit the ordinance for approval to the nearest session of the Pyidaungsu Hluttaw within 60 days after the promulgation of the ordinance. If the Pyidaungsu Hluttaw has not any schedule to hold a session within 60 days, the President shall cause to convene a special session of the Pyidaungsu Hluttaw for approval.

(c) The ordinance shall cease to have effect from the date on which it is disapproved by the Pyidaungsu Hluttaw.

(d) The ordinance issued by the President will be in force with the approval of the Pyidaungsu Hluttaw till required date.

(e) Even such an ordinance is revoked within 60 days after its promulgation; it shall be submitted to the nearest session of the Pyidaungsu Hluttaw.

(f) If such an ordinance contains provision which the Pyidaungsu Hluttaw has no right to make decision according to the Constitution, that provision ceases to have

effect.

 

12. The President shall

(a) in coordination with the National Defence and Security Council, formed within the framework of the Constitution, take suitable military action in the face of aggression against the State;

(b) submit the action so taken to the Pyidaungsu Hluttaw for approval if it is in session or call an emergency meeting to present the matter for approval if the Pyidaungsu Hluttaw is not in session.

(c) declare war or make peace only with the assent of the Pyidaungsu Hluttaw.

 

13. The President shall sign the laws passed and enacted by the Pyidaungsu Hluttaw after taking action according to the provisions of the Constitution. Such signed laws shall be promulgated in the official Gazette.

 

14. The President shall not be responsible for answering to any Hluttaw or to any Court for the exercise or performance of the duties and functions vested in him by this Constitution or any of the existing laws or for any of his actions in the exercise and performance of these powers and functions. But the exemption should not concern the stipulation contained in this Constitution in connection with the impeachment made against him.

 

 

The Executive Powers of the Union Government

 

1. Subject to the provisions of this Constitution, the executive power of the Union extends to the matters with respect to which the Pyidaungsu Hluttaw has power to make laws.

2. Subject to the provisions of this Constitution, the executive authority of the Union, shall be vested in the President; but nothing in his section shall prevent the Pyidaungsu Hluttaw from conferring duties and functions upon any authoritative body, or any person in authority, or be deemed to transfer to the President of the State any functions vested in any authoritative body concerned of any other person in authority concerned by existing laws.

3. (a) All executive actions of the Union Government shall be expressed in the name of the President.

(b) Orders and instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President. In addition, the validity of an order or instrumentwhich is so authenticated shall not be in question on the ground that it was not done by the President.

(c) The President shall make rules for the transaction of the business of the Union Government, and for the allocation of the said business among the ministers of the Union Government or to the official responsible under a certain law, except matters conferred on him by this Constitution to act in his own discretion.

(d) Without prejudice to the generality of the foregoing provisions, the allocation of business by the President may be region-wise as well as subject-wise.

 

4. The Union Government upholds and maintains stability, peace, and the prevalence of law and order in the country.

 

5. The Union Government shall lay down its policies in accord with the stipulations contained in this Constitution. The Union Government shall draw necessary projects in accord with the policies and implement them with the approval of the Pyidaungsu Hluttaw.

 

6. Based on annual budgets of the Union, drawn after coordination with the Financial Commission, the Union Government shall draft the bill on Union budget, and shall submit it to the Pyidaungsu Hluttaw in the line with the stipulations contained in this Constitution for approval.

 

7. The Union Government shall have the right to use the funds within the allotment of the current expenditure included in the latest-enacted Union budget law of the Pyidaungsu Hluttaw, if the Pyidaungsu Hluttaw cannot approve the Union Government-submitted bill before the end of fiscal year.

 

8. The Union Government shall submit the bill concerning the matters the Pyidaungsu Hluttaw can enact into law within the framework of the provisions of this Constitution, and shall submit it to the Pyidaungsu Hluttaw.

 

9. The ministries of the Union Government shall manage, guide and supervise their subordinate government departments and organizations to ensure that the said subordinate bodies are conducting their functions in accord with the stipulations of this Constitution and the existing laws.

 

10. The Union Government cooperates and coordinates with the region government, the state government, and the self-administered area leading body to enable them to effectively and successfully carry out their tasks.

 

11. The Union Government, save constitutional disputes and the disputes over the redelineation of territorial boundary, shall —

(a) cooperate, coordinate and make decisions if necessary on disputes over administration between regions and states; among regions; among states; between regions or states and self-administered areas; and among self-administered areas; and

(b) cooperate, coordinate and solve the disputes over administration between regions or states and Union territories and between self-administered areas and Union territories; and make decisions if necessary.

 

12. The Union Government, in accordance with law, shall —

(a) constitute Union-related service organizations as necessary, and stipulate the duties and functions for such organizations; and

(b) appoint the required number of staff.

 

13. The Union Government shall —

(a) implement administrative resolutions passed occasionally by the Pyidaungsu Hluttaw, and submit the measures it has taken to the Pyidaungsu Hluttaw.

(b) submit the report on the entire affairs of the Union to the Pyidaungsu Hluttaw on an occasional basis.

 

 

Executive power of the region or state government

 

1. Subject to the provisions of this Constitution, the executive power of the region or state government extends to the matters with respect to which the region or state Hluttaw has power to make laws. Moreover, in such manner, the executive power of the region or state government also extends to the matters with respect to which the region or state government has been allowed to carry out in accord with any of the Union laws.

 

2. The region and state governments shall have the responsibility to assist the Union Government in its drive to ensure the stability of the State, community peace and tranquillity and the rule of law.

 

3. Subject to the policies adopted by the Union Government and Union laws, the region or state governments shall implement the projects in connection with the task to be implemented in the respective regions or states with the approval of the region or states hluttaw.

 

4. Region or State governments shall submit to the respective Hluttaws of the Regions and States the budget bill of the Regions and States concerned based on the annual budget of the Union Government on accord with the provisions in this Constitution.

 

5. If the Region or State Hluttaw cannot pass the bill on the budget of the region or state submitted by the region or state government concerned, before the end of fiscal year, the said region or state government shall have the right to use the funds within the allotment of the current expenditure included in the last-enacted budget law of the region or state hluttaw.

 

6. In accordance with the provisions of Constitution, the region or state government shall have the right to submit to the Region or State Hluttaw the necessary Bill relevant to the matters embodied in the Region or State Legislative List.

 

7. The region or state government shall—

(a) manage, guide, supervise and inspect the performance of the region or state ministries and their subordinate government departments and organizations to ensure that they conduct their functions in accordance with the provisions of this Constitution, or with those of the existing laws.

(b) supervise, inspect, cooperate and coordinate in accordance with law the performance of the civil service organizations discharging duties in their respective regions or states.

 

8. To implement the tasks under its charge in accordance with the Union Law for State Civil Service, or through coordination in advance with the Union government, the region or state government shall—

(a) establish civil service organizations of region or state as necessary;

(b) appoint the required number of civilian staff.

 

9. The region or state government shall—

(a) implement the resolutions occasionally passed by the Region or State Hluttaw concerned, and submit the report on the measures taken to the Region or State Hluttaw concerned.

(b) submit the report on the entire affairs of its area to the Union government and to the Region or State Hluttaw concerned.

 

10. The region or state government shall implement the tasks occasionally assigned by the Union government.

 

Executive power of leading body of self-administered divisions and self-administered zones

 

1. Subject to provisions of the Constitution, the self-administrative power of the self-administered division and self-administered zone leading bodies extends to the following matters:

(a) with respect to which the self-administered division and self-administered zone leading bodies has power to make laws;

(b) with respect to which the self-administered division and self-administered zone leading body has power to implement matters in accord with any law enacted by the Pyidaungsu Hluttaw; and

(c) with respect to which the self-administered division and self-administered zone leading body has power to implement matters in accord with any law enacted by the respective Region or State Hluttaws.

 

2. Self-administered division or self-administered zone leading body has the duty to help the Union Government in its drive to ensure stability of the State, community peace and tranquillity and the rule of law.

 

3. The self-administered division or the self-administered zone leading bodies shall

(a) subject to the policies of the Union Government, draw work programmes for development of their territory and shall coordinate the matter with the respective region government or state government;

(b) draw annual budgets and coordinate with the region or state government concerned in accord with the provisions of the Constitution for approval;

(c) have the right to use the allotted budget funds included in the budget law of the region or state concerned;

(d) use the fund of the current expenditure permitted within the last-enacted budget law of the hluttaw of the region or state concerned if they cannot obtain the budget allotment in time due to region or state hluttaw’s failure to enact the budget law before the end of fiscal year.

 

4. Self-administered division and self-administered zone leading bodies shall, in accord with the law, supervise and coordinate the functions of civil serviceorganizations discharging duties in their territory.

 

5. The self-administered division and self-administered zone leading bodies shall submit reports stating the general situation of the territory to the Union Government and the region or state government concerned.

6. The self-administered division and self-administered zone leading bodies shall carry out the task assigned occasionally to them by the Union Government and the region or state government concerned.

 

State Service personnel

 

1. State service personnel shall be free from party politics.

 

2. Matters as to the appointment of employees, promotion, retirement, the enforcement of rules, the designation of service rules, and taking of action against service personnel shall be in accordance with law.

 

3. As to occupational security for State service personnel; the sufficiency of food, clothing and shelter needs; maternal rights for married women service personnel; and the provision of food, clothing and shelter assistance to the retired, necessary laws shall be enacted.

 

4. Given the unusual nature of the responsibility of the Tatmadaw members, who are State service personnel, they shall be dealt with according to military laws.

 

5. Given the unusual nature of the responsibility of Myanmar Police Force members, who are State service personnel, separate laws shall be enacted for them.