CHAPTER 14 : LOCAL ADMINISTRATION
Section 281. Subject to section 1, the State shall give autonomy to local government organisations in accordance with the principle of self-government based upon the will of the people in the locality and promote the role of a local government organisation as a principal provider of public services and encourage it to participate in the decision-making for solving problems in the locality.
Any locality which meets the conditions of selfgovernment shall have the right to be formed as a local government organisation, as provided by law.
Section 282. The supervision of a local government organisation shall be exercised in so far as it is necessary and founded upon clear rules, procedures and conditions corresponding to and suitable for the form of the local government organisation, as provided by law; provided that it shall be for the purpose of protecting the interests of local residents or the interests of the country as a whole and shall not substantially affect the principle of self-government based upon the will of the people in the locality otherwise than as provided by law.
In exercising the supervision under paragraph one, there shall be determined a uniform standard as guidance to be observed by a local government organisation, having regard to suitability and disparity in the level of development and administration efficiency of each type of local government organisations, without prejudice to the local government organisation’s capability in making decisions in accordance with its need, and there shall be mechanisms for its operation to be scrutinised principally by the public.
Section 283. A local government organisation shall have general powers and duties to oversee and provide public services for the benefits of local residents and enjoy autonomy in laying down policies and carrying out administration, public service provision, personnel administration, and finance, and shall have powers and duties particularly on its own part, provided that regard shall also be had to the consistency with the development of a province and of the country as a whole.
A local government organisation shall be given promotion and support with a view to achieving such strength as to be able to administer its operation autonomously and in a manner efficiently meeting the need of local residents, develop the local finance system to the extent of providing full public services in accordance with its powers and duties and establish or jointly establish an organisation for the provision of public services in accordance with its powers and duties, in the interest of value for money and comprehensiveness of public services.
There shall be the law determining plans and process of decentralisation for the purpose of delineating powers and duties and allocating revenues between the Central Administration and Provincial Administration, on one part, and local government organisations, on the other part, or amongst local government organisations themselves, having regard to the expansion of decentralisation commensurate with the level of capability of local government organisations of each type, and also determining systems for the scrutiny and evaluation to be performed by a Committee consisting of representatives of Government agencies concerned, representatives of local government organisations and qualified members, in an equal number, in accordance with the law.
There shall be a law on local revenues for the purpose of determining powers and duties in connection with the collection of taxes and other revenues of local government organisations, with suitable rules in accordance with the nature of each type of tax, the allocation of resources in the public sector, the adequacy of revenues for expenditure within the powers and duties of local government organisations, having regard to the achievement of economic development of the locality, the financial status of local government organisations and financial sustainability of the State. In the case where the delineation of powers and duties and the allocation of revenues have been made for local government organisations, the Committee under paragraph three shall review the matters at every interval of not more than five years in order to consider suitability of the delineation of powers and duties and the allocation of revenues previously made, having prime regard to the expansion of decentralisation to local government organisations.
The act performed under paragraph five shall be effective upon approval by the Council of Ministers and being reported to the National Assembly.