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COMPARATIVE PUBLIC ADMINISTRATION IN SOUTHEAST ASIA (BRUNEI,

CAMBODIA, INDONESIA, LAOS, MALAYSIA, MYANMAR, PHILIPPINES,


SINGAPORE, THAILAND, TIMOR LESTE AND VIETNAM)

A Written Report

Submitted to

Dr. Floresito Dumagan Calub


Assistant Professor IV/ Graduate School Affiliate Faculty

Surigao del Sur State University


Tandag City, Surigao del Sur

A Requirement in
Subject PA 202

by

DENNES EARLL G. BALUAT


SEPTIANNE ROSE P. MORENO
FRANKLIN C. OROPA, JR.

February 15, 2019


Comparative public administration is described as the theory of public administration
which could be applied to diverse cultures and national settings. It is an area of study by which
empirical data can be collected and tested (CAG, 1963).

This paper focused mainly on the comparison of the SEA countries (in terms of the following
points, to wit:
• National Government;
• Structure of Local Government; and
• Election.

I. NATIONAL GOVERNMENT

A National Government is a government, or political authority, that controls a nation. At


minimum, it requires a national army, enough power over its states or provinces to set and
maintain foreign policy, and the ability to collect taxes.

SEA Country Type of Government Head of Government Head of State


His Majesty the Sultan
Brunei Constitutional Monarchy
and Yang Di-Pertuan
Cambodia Constitutional Monarchy Prime Minister King
Thailand Constitutional Monarchy Prime Minister King
Parliamentary Democracy
Malaysia with Constitutional Prime Minister King
Monarchy
Indonesia Democratic Republic President President
Laos Democratic Republic Prime Minister President
Philippines Constitutional Republic President President
Singapore Constitutional Republic Prime Minister President
Unitary Parliamentary
Myanmar President President
Republic
Unitary Semi-Presidential
Timor Leste Prime Minister President
Republic
Vietnam Communist Prime Minister President

Brunei, Cambodia and Thailand share the same type of government—Constitutional


Monarchy—in which a monarch inherits the right to rule but is limited by laws and a law-making
body elected by the people. Also, Malaysia is Parliamentary Democracy with Constitutional
Monarchy. On the other hand, Parliamentary Democracy is a system of democratic governance
of a state where the executive derives its democratic legitimacy from its ability to command the
confidence of the legislature, typically a parliament, and is also held accountable to that
parliament.

Reference: Flint Johnson https://study.com/academy/lesson/national-government-definition-responsibilities-powers.html


http://www.thomas.k12.ga.us/userfiles/530/Classes/6078/Canadas%20Government.pdf
https://www.google.com/search?sxsrf=ACYBGNRMABzFTaQhO3XHn6cladpHMqhdnw%3A1580970353959&source=hp&ei=cbE7X
onrN9LFmAWt94nwAw&q=parliamentary+democracy+meaning&oq=parliament+democra&gs_l=psy- Page | 2
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1. BRUNEI

Head of Government: His Majesty the Sultan and Yang Di-Pertuan

Role of Head of Government:


Under the 1959 Constitution, the Sultan is the Head of State, appointed by the Council
of Succession, with full executive authority and is assisted and advised by five (5) councils—the
Religious Council, the Privy Council, the Council of Cabinet Ministers, the Legislative Council
and the Council of Succession.1The supreme executive authority of its government vested in His
Majesty both the Sultan and Yang Di-Pertuan and as Prime Minister, while administratively the
executive functions of the Government carry out by Ministries and Departments.

➢ MOST IMPORTANT COUNCILS FORMED UNDER THE CONSTITUTION

1. Privy Council or the Majlis MesyuaratDijara- advises His Majesty in relation to the
exercise of the prerogative of mercy and in relation to the amendment or revocation of
any provisions of the Constitutions as well as the appointment of persons to Malay
Customary ranks, titles, honors and dignities.

2. Council of Ministers or Majlis Mesyuarat Menteri-Menteri- advises His Majesty in


the exercise and performance of his duties.

3. Legislative Council or Majlis Mesyuarat Negeri- advises His Majesty on the


enactment of legislations.

4. Council of Succession or Majlis MesyuaratMengangkat Raja- advises His Majesty on


matters related to the succession of the throne.

5. Council of Islamic Religion formed under the Religious and Kadhis Act of 1955-
advises His Majesty on matters of Islamic Religion.

2. CAMBODIA

Head of Government: Prime Minister (PM)


Head of State: King

Role of Head of Government:

Prime Minister is the Head of Government in Cambodia. It is also the chairman of the
Cabinet and leads the executive branch of the Royal Cambodian Government. The PM is a
member of parliament, and is appointed by the monarch for a term of five (5) years.

Reference: https://thecommonwealth.org/our-member-countries/brunei-darussalam/constitution-politics Page | 3


http://www.clgf.org.uk/default/assets/File/Country_profiles/Brunei_Darussalam.pdf
https://en.wikipedia.org/wiki/Politics_of_Cambodia
➢ Royal Cambodian Government- Politics of Cambodia are defined within the
framework of a constitutional monarchy, in which the King serves as the Head of State,
and the Prime Minister is the Head of Government. The 1993 Constitution proclaims a
liberal, multiparty democracy in which powers are devolved to the executive, the
judiciary and the legislature.

➢ Executive Power is exercised by the Royal Government, on behalf of and with the
consent of the monarch.

➢ The Government is constituted of the Councils of Ministers (also known as Cabinet of


Cambodia), headed by the Prime Minister. The Prime Minister is aided in his functions
by members of the Council such as Deputy Prime Ministers, Senior Prime Ministers and
Secretaries of State.

➢ Legislative Power is vested in a bicameral legislature composed of National Assembly,


which has the power to vote on draft law, and the Senate, that has the power of review.
Upon passage of legislation through the two (2) chambers, the draft law is presented to
the monarch for signing and promulgation.

➢ Judiciary Power is tasked with the protection of rights and liberties of the citizens, and
with being impartial arbiter of disputes.

➢ Supreme Court is the highest court of the country and takes appeals from lower courts on
questions of law.

➢ Constitutional Council, a separate body, is established to provide interpretations of the


constitution and the laws, and also to resolve disputes related to election of members of
the legislature.

➢ Buddhism is proclaimed as the state religion.

Role of the Head of State:


Cambodia as a Constitutional Monarchy, the King reigns but does not rule (has no political
power). It is officially the Head of State and is a symbol of unity and “perpetuity” of the nation,
per definition of Cambodia’s Constitution.
➢ Cambodia’s monarchy is not necessarily hereditary and the King is not allowed to select
his own heir.

➢ A new King is chosen by a Royal Council of the Throne.


o Royal Council of the Throne consists:
1. President of National Assembly,
2. Prime Minister,
3. President of the Senate,
4. First and Second Vice Presidents of Senate,

Page | 4
5. Chiefs of the orders of Mohanikay and Thammayut, and
6. First and Second Vice Presidents of the Assembly

3. THAILAND

Head of Government: Prime Minister (PM)


Head of State: King

Role of Head of Government:

Prime Minster is the Head of Government in Thailand. It is also the chair of the
Cabinet of Thailand. It must be a member of the House of Representatives, thus, qualifications
for the office of prime minister are the same as the qualifications of membership in the house.

The nominee and eventual prime minister is always the leader of the largest political
party in the lower house or the leader of the majority coalition formed an election.

Under current junta, the nominee for the office is selected by National Legislative
Assembly, with the House of Representatives being abolished.
o National Legislative Assembly (NLA) of Thailand (2014)- the unicameral
legislative branch of the government of Thailand during the National Council for
Peace and Order (NCPO) military junta between 2014 and 2019. It was
established after the NCPO ratified the 2014 constitution, thus making the NLA
the only parliamentary body of Thailand for the period of military rule.

▪ NCPO- a military junta that ruled Thailand between its 2014 Thai coup
d’état on May 22, 2014 and July 10, 2019. The military declared martial
law nationwide in an attempt to stop the country’s escalating political
crisis, and to force the democratically elected government out of office.

o After the promulgation of the 2017 Constitution, the National Assembly of


Thailand (NAT) was reestablished and the NLA was dissolved, albeit pending
elections on March 24, 2019.

▪ NAT- the bicameral legislative branch of the government of Thailand; the


legislature is a bicameral body consisting of two (2) chambers namely: the
upper house (the Senate of Thailand) and the lower house (the House of
Representatives).
The Prime Minister functioned as:
o The de facto chair of the Cabinet of Thailand.
o The appointment and removal of ministers can only be made with their advice.

Reference: https://en.wikipedia.org/wiki/Prime_Minister_of_Thailand
Page | 5
o The ultimate responsible for the failings and performance of their ministers and
the government as a whole.
o Cannot hold office for a consecutive period of more than eight (8) years.
o Represents the country abroad and is the main spokesperson for the government at
home.
o Direct responsible for departments:
▪ National Intelligence Agency
▪ Bureau of Budget
▪ Office of the National Security Council
▪ Office of the Council of State
▪ Office of the Civil Service Commission
▪ Office of the National Economic and Social Development Board
▪ Office of Public Sector Development Commission
▪ Internal Security Operations Command
o Legislatively, all money bills introduced in the National Assembly must require
the PM’s approval.
o The PM can be removed by a vote of no confidence.
▪ Vote of No-Confidence (Motion of No-Confidence)- statement or vote
about whether a person in a position of responsibility is no longer deemed
fit to hold a position. [In the context of Parliament Motion, it demonstrates
to the head of state that the elected parliament no longer has confidence in
the appointed government.]

➢ Executive Branch- the PM is the head which exercise authority in and holding
responsibility for the governance of a state.
o Cabinet of Thailand or the Council of Ministers
▪ Composed of 35 ministers of state and deputy ministers.
▪ Responsible for the formulation and execution of policies of the
government.

➢ Legislative Branch- also called the Parliament of Thailand; the National Assembly of
Thailand is a bicameral legislature:
o The Senate (Upper House)- the current senate has 150 members. Seventy-six
members are elected, one per province from 75 provinces of Thailand and one
from the Bangkok Metropolitan Area. The other 74 are selected by the Senate
Selection Commission, made up of both elected and appointed officials. The
Senate sits for a set six-year non-renewable term. The Senate cannot be dissolved.
The Senate is presided over by a president of the Senate, who is also the Vice-
President of the National Assembly. He is assisted by two vice-presidents of the
Senate. The last election to the Senate was in 2008.

o The House of Representatives (Lower House)- The House of Representatives is


the primary legislative house of the government of Thailand.

Reference: https://en.wikipedia.org/wiki/Government_of_Thailand
Page | 6
➢ Judiciary Branch-The judiciary of Thailand is composed of four distinct systems: The
Military Court (which has expanded its power since 22 May 2014), the Court of Justice
system, the Administrative Court system and the Constitutional Court.

o Courts of Justice-The Courts of Justice of Thailand is the largest of the court


system and makes up the majority of courts in the kingdom. The courts as
mandated in the constitution are composed of three tiers: The Court of First
Instance, the Court of Appeals, and the Supreme Court of Justice of Thailand.
o Administrative Courts-The administrative court system is made up of two tiers:
The Administrative Courts of First Instance and the Supreme Administrative
Court. The court system was first created in 1997. The court's main jurisdiction is
to settle litigation between the state or an organ of state (government ministries,
departments and independent agencies) and private citizens.
o Constitutional Court-First set up in 1997; the Constitutional Court of Thailand
was created solely as a high court to settle matters pertaining to the constitution.
The court has since accumulated huge amounts of power and influence,
generating many controversies on the way. This became especially clear during
the 2006 and 2008 political crises, settling political deadlocks and social unrest.

Role of Head of State:


➢ The constitution stipulates that although the sovereignty of the state is vested in the
people, the King will exercise such powers through the three (3) branches of the Thai
Government.
➢ The figurehead of the Thai nation.
➢ The head of armed forces.
➢ He is required to be Buddhist as well as the defender of all faiths in the country.
➢ Retained some traditional powers such as the power to appoint his heirs, the power to
grant pardons, and the royal assent.
o Royal Assent- method by which a monarch formally approves an act of the
legislature.
➢ Succession to the throne is governed by the 1924 Palace Law of Succession.
➢ Palace law follows the male agnatic primogeniture.
o Agnatic Primogeniture- males only are allowed to succeed and inheritance is
passed only from father to son and through male line only.
➢ However, the 1974 amendment to the Thai Constitution allows for a princess to ascend
the throne and this particular provision is retained under Section 21 of the 2017
Constitution which reads:
In the case where the Throne becomes vacant and the King has not appointed an Heir
under paragraph one, the Privy Council shall submit the name of the Successor to the
Throne under section 20 to the Council of Ministers for further submission to the
National Assembly for approval. In this regard, the name of a Princess may be submitted.
Upon the approval of the National Assembly, the President of the National Assembly
shall invite such Successor to ascend the Throne and proclaim such Successor as King.

Reference: https://en.wikipedia.org/wiki/Government_of_Thailand
Page | 7
MALAYSIA
Malaysia is practicing Parliamentary Democracy with Constitutional Monarchy and
His Majesty The King as the Paramount Ruler. The Federal Constitution was legislated with the
setting up of conditions for this system to exist. One of the characteristics of Parliament
Democracy is the separation of powers into three (3) parts which are the Legislative, Judiciary
and Executive.

Head of Government: Prime Minister (PM)


Head of State: King

Role of Head of Government:


• Indirectly elected head of government (executive) of Malaysia.
• Officially appointed by the Yang di-Pertuan Agong, the Head of State.
• He heads the Cabinet, whose members are appointed by the Yang di-Pertuan Agong
advice of the prime minister.
• The Prime Minister and his Cabinet shall be collectively responsible to Parliament. The
Prime Minister's Department (sometimes referred to as the Prime Minister's Office) is the
body and ministry in which the Prime Minister exercises its functions and powers.

➢ Legislative Branch- the bicameral parliament consists of the lower house—the House of
Representatives or Dewan Rakyat (Chamber of the People), and the upper house—the
Senate or Dewan Negara (Chamber of the Nation). All 70 Senate members sit for 3-year
terms; 26 are elected by the 13 state assemblies; and 44 are appointed by the king based
on the advice of the Prime Minister. Parliament has a maximum mandate of 5 years by
law.

➢ Executive Branch- the real executive power is vested in the cabinet led by the Prime
Minister. The Malaysian constitution stipulates that the prime minister must be a member
of the Lower House of parliament who, in the opinion of the Yang di-Pertuan Agong
(YDPA), commands a majority in parliament. The Executive branch of the government
consists of the Prime Minister as the head of the government, followed by the various
ministers of the Cabinet.

➢ Judiciary Branch- The highest court in the judicial system is the Federal Court,
followed by the Court of Appeal, and two High Courts, one for Peninsular Malaysia, and
one for East Malaysia. The subordinate courts in each of these jurisdictions include
Sessions Courts, Magistrates' Courts, and Courts for Children. Malaysia also has a
Special Court to hear cases brought by or against all Royalty.
Role of the King:
➢ The monarch of Malaysia is the Yang di-Pertuan Agong (YDPA), commonly referred to
as the Supreme King of Malaysia.
➢ Malaysia is a constitutional elective monarchy, the Yang di-Pertuan Agong is selected for
a five-year terms from among the nine Sultans of the Malay states.
Reference: https://en.wikipedia.org/wiki/Politics_of_Malaysia

Page | 8
➢ The head of the state who in His Majesty’s judgement is to command the confidence of
the majority of the members of that House of Representatives (Dewan Rakyat).
➢ Head of the Islam in Malaysia
➢ Commander in Chief of the Armed Forces

Meanwhile, Indonesia and Laos are Democratic Republic countries in which they
practice a form of government operating on principles adopted from a republic and a democracy
that may function on principles shared by both democracies and republics. The former refers to a
type of government where the power to govern rests with a country’s people rather a ruling
family or a single individual, thus, the citizens control how their government operates, usually
through voting. On the other hand, the latter is government system where the power rests with a
nation’s citizens which they use elected officials to represent the will of their citizens within the
government.

4. INDONESIA

Head of State and Government: President

Role of the State and Head of Government:


• Head of State and Head of Government and multi-party system (Political System)
• Lead the Executive Branch of the Indonesian Government
• Commander in Chief of Indonesian Armed Forces

➢ Executive Power- exercised by the government.

➢ Legislative Power- vested in both the government and the two (2) People’s
Representative Councils.
o People’s Representative Councils-alternatively translatable as the House of
Representatives or as the House of People’s Representatives, is one of elected
national legislative assemblies in Indonesia. Together with the Regional
Representative Council, a second chamber with limited powers, it makes up a
legislative body, the People’s Consultative Assembly.

➢ Judiciary Power- independent of the executive and the legislature. Its judges are
appointed by the president.

Reference: https://en.wikipedia.org/wiki/Democratic_republic
Ashley Robinson, October 6, 2019. What Is a Republic vs a Democracy? Understanding the Difference.
https://blog.prepscholar.com/republic-vs-democracy-difference
Page | 9
5. LAOS

Head of the Government: Prime Minister


Head of the State: President

Role of the Head of Government:


• Nominated by the President to the National Assembly and is responsible to the
National Assembly.
• Second-ranked in the Political Bureau

Role of the Head of State


• President: the head of 3 branches
• General Secretary of Lao People’s Revolutionary Party

➢ Executive Branch-The president is elected by the National Assembly for a five-year


term. The prime minister and the Council of Ministers are appointed by the president
with the approval of the National Assembly for a five-year term.

➢ Legislative Branch-The National Assembly (Sapha Heng Xat) has 149 members (144
are LPRP, 5 independents), elected for a five-year term.

➢ Judicial Branch-The President of the People's Supreme Court is elected by the National
Assembly on the recommendation of the National Assembly Standing Committee. The
Vice President of the People's Supreme Court and the judges are appointed by the
National Assembly Standing Committee.
As for the legal profession, there are 188 lawyers in Laos who are members of the Laos
Bar Association according to a 2016 article. However, most of the attorneys have entered
the government sector and do not practice law—seldom giving thought to practicing in
the private sector. While there is evidence of female lawyers in Laos, there is no
indication as to how women have fared in the legal field.

Philippines and Singapore have a government limited by laws established by a formal


constitution, which is generally secular in nature—a Constitutional Republic. Additionally, the
governments run by elected officials who are voted on by the population, and those officials are
required to follow the rules of government laid out by that country’s constitution.

Reference: https://en.wikipedia.org/wiki/Politics_of_Laos
Ashley Robinson, October 6, 2019. What Is a Republic vs a Democracy? Page | 10
Understanding thehttps://blog.prepscholar.com/republic-vs-democracy-difference
6. PHILIPPINES

Head of Government and State: President


Role Head of Government and State:
• Head of State and Government
• Chief Executive
• Commander-in-chief of the Armed Forces of the Philippines
• Directly elected by the people, and one of only two nationally elected by the people.
• Filipinos refer to their president as Pangulo or Presidente. The president serves a
single, fixed, six-year term without possibility of re-election.

➢ The government has three interdependent branches: the legislative branch, the executive
branch, and the judicial branch. The powers of the branches are vested by
the Constitution of the Philippines in the following:
➢ Legislative power is vested in the two-chamber Congress of the Philippines—
the Senate is the upper chamber and the House of Representatives is the lower chamber.It
is authorized to make laws, alter and repeal them through the power vested in the
Philippine Congress.
➢ Executive power is exercised by the government under the leadership of the President. It
is composed of the President and the Vice President who are elected by direct popular
vote and serve a term of six years. The constitution grants the President authority to
appoint his Cabinet. These departments form a large portion of the country’s
bureaucracy.
➢ Judicial power is vested in the courts with the Supreme Court of the Philippines as the
highest judicial body. It holds the power to settle controversies involving rights that are
legally demandable and enforceable. This branch determines whether or not there has
been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part
and instrumentality of the government.

7. SINGAPORE

Head of the Government: Prime Minister


Head of the State: President

Role of the Head of Government:


➢ The country’s most powerful political figure
➢ Leader of the majority party in the legislature
➢ Lead the Cabinet in which it exercises the executive authority.
Reference: https://en.wikipedia.org/wiki/Government_of_the_Philippines
https://en.wikipedia.org/wiki/President_of_Singapore
Page | 11
Role of the Head of State:
➢ The public persona who officially embodies a state.
➢ The powers of the President of Singapore are divided into those which the President may
exercise in his or her own discretion, and those he or she must exercise in accordance
with the advice of the Cabinet of Singapore or of a Minister acting under the general
authority of the Cabinet.
➢ The President is required to consult the Council of Presidential Advisers (CPA) when
performing some of his functions.
➢ The President is also empowered to approve changes to key civil service positions, such
as the Chief Justice, the Attorney-General, the chairman and members of the Public
Service Commission, the Chief of Defence Force and the Commissioner of Police.
➢ Appoints as Prime Minister a Member of Parliament (MP) who, in his or her personal
judgment, is likely to command the confidence of a majority of MPs.
➢ The President has certain powers of oversight over the Corrupt Practices Investigation
Bureau and decisions of the Executive under the Internal Security Act and the
Maintenance of Religious Harmony Act.
➢ The executive authority of Singapore is vested in the President and is exercisable by him
or by the Cabinet of Singapore or any Minister authorized by the Cabinet.

8. MYANMAR
The government of Myanmar, as defined by the Constitution of 2008, functions as a
parliamentary republic. In this type of government, the heads of the Cabinet are responsible for
carrying out the laws set forth by Parliament. In 2008, Myanmar established a new Constitution
and created a new form of government, which is divided into 3 branches: legislative, executive
and judicial.

Head of the Government and State: President


Role of the Head of Government:
➢ Oversees the Cabinet of Myanmar
➢ Elected by parliament
➢ Elected through highest combined houses votes for three candidates for upper, lower and
military blocks

9. TIMOR LESTE
East Timor takes place in a framework of a unitary semi-presidential representative
democratic republic, whereby the Prime Minister of East Timor is the head of government and
the President of East Timor exercises the functions of head of state.
Head of the Government: Prime Minister
Reference: https://www.worldatlas.com/articles/what-type-of-government-does-myanmar-have.html
https://en.wikipedia.org/wiki/Politics_of_Myanmar Page | 12
Head of the State: President
Role of the Head of Government:

Preside over the council of ministers

To direct and guide the general policy of the government and all governmental
actions
➢ Executive power is exercised by the president and the government.
➢ Legislative power is vested in both the government and the National Parliament.
➢ The Judiciary is independent of the executive and the legislature. The East Timorese
constitution was modelled on that of Portugal, though the president is less powerful than
the Portuguese counterpart.
Role of the Head of State:
• Directly elected by popular vote for a five-year term, and whose executive powers
are somewhat limited by the constitution, through this official is able to veto
legislation, which action can be overridden by the parliament.

10. VIETNAM

The Government of the Socialist Republic of Vietnam is the executive arm of


the Vietnamese state, and the members of the Government are elected by the National Assembly
of Vietnam.

Head of the Government: Prime Minister


Head of the State: President
Role of the Head of Government:
➢ The government is headed by the PM, who has several Deputy Prime Ministers and
several ministers in charge of particular activities.
➢ Presides over the meetings of the Central Government (formerly the Council of
Ministers).
➢ Directs the work of the government members, and may propose deputy prime ministers to
the National Assembly.
➢ The National Assembly by a proposal of the President of Vietnam elects the prime
minister. The prime minister is responsible to the National Assembly, and the Assembly
elects all ministers to government.
➢ The prime minister is the only member of government who must be a member of the
National Assembly.
➢ The prime minister issues directives and supervises the implementation of formal orders
given by the president, the National Assembly or the Standing Committee.

Reference: http://timor-leste.gov.tl/?lang=en
https://en.wikipedia.org/wiki/Prime_Minister_of_Vietnam Page | 13
https://www.parlimen.gov.my/pengenalan.html?&uweb=p&view=235&lang=en
Role of the Head of the State:
➢ Elected by National Assembly for a five-year tenure and can only serve for three (3)
terms.
➢ Acts as Commander-in-Chief of the Vietnam People’s Armed Forces and Chairman of
the Council for Defence and Security
➢ Has the right to decide on executive branch
➢ The President appoints the Vice President, Prime Minister, Ministers and other officials
with the consent of the National Assembly.
➢ The President is also the Head of the Central Steering Committee for Judicial Reform.

II. SOUTHEAST ASIAN INFORMATION ON LOCAL GOVERNMENT

1. BRUNEI DARUSSALAM

A Constitutional Monarchy with NO LOCAL GOVERNMENT. The Sultan of Brunei


Darussalam is appointed by the Council of Succession which is appointed by and presided
over by the Sultan.
There are four administrative districts: (1.) Brunei-Muara, (2.) Kuala Belait, and (3.)
Tutongin the western enclave, and (4.) Temburong in the east. Government is centrally
controlled, but allowance is made for local tribal customs. District officers responsible to the
ministers of home affairs administer each district.

2. CAMBODIA

➢ Under the Lon Nol government, Cambodia was divided into 20 provinces ( khet ), 7 sub-
provinces ( anoukhet ), 147 districts ( srok ), and more than 1,200 townships
( sangkat or khum ) and villages ( phum ).

➢ Under the Pol Pot regime, administration was essentially decentralized into several major
regions. Regions were divided into 41 districts, and the population as a whole was
organized in massive rural communes.

➢ Under the PRK regime, the pre-1975 system of administration has been restored. Based
on the People's Republic of Kampuchea's new constitution of June 1981 Local
Assemblies, popularly elected by the respective localities—province, district, sub-district,
ward—were instituted with the number of representatives fixed by law, and People's
Revolutionary Committee's chosen by the respective assemblies.

Reference: https://www.nationsencyclopedia.com/Asia-and-Oceania/Brunei-Darussalam-LOCAL-
GOVERNMENT.html#ixzz6DMet9ESl Page | 14
➢ In 1987 Cambodia was divided into 18 provinces, two special municipalities (krong), and
Phnom Penh and Kampong Saom, which were under direct central government control.
The provinces were subdivided into about 122 districts, 1,324 communes, and 9,386
villages. Municipalities were subdivided into wards (sangkat).

➢ The new constitution of the State of Cambodia was adopted on 21 September 1993.
People's Committees established in all provinces, municipalities, districts, communes,
and wards were responsible for local administration, public security, and local order.
Within this system provincial officials and the governor effectively controlled the armed
forces and security services, tax collection, civil service—and through them 80% of the
Cambodian population.

➢ The country's provinces remained under the sway of the Cambodian People's Party (CPP)
and responded to the old political loyalties rather than the central authority of the State of
Cambodia. To alter this system the National Assembly passed laws to secure central
control of the economy. Effective 1 January 1994 a national budget and financial laws
were enacted to try to ensure that all revenues came totally and directly to the national
treasury. Provincial corruption and lawlessness remain severe problems, as
communications and infrastructure are extremely underdeveloped within Cambodia and
smuggling is rife.

➢ In February 2002, Cambodia held its first local elections in 23 years. The CPP claimed
victory in all but 23 of the 1,621 communes. FUNCINPEC won only seven of the village
communes. At least 20 political activists, mostly from opposition parties, were killed in
the run-up to the elections. The proportion of female candidates in the elections was 16%.

➢ As of January 2003, there were 20 provinces (khett) and 4 municipalities (krong).


Cambodians exercise their right to vote in the 2008 National Assembly elections.
Compared with previous elections, the 2008 elections were marked by lower levels of
violence and fewer spoiled ballots, and by a better understanding of electoral processes
among officials and the general public.

Reference: https://www.nationsencyclopedia.com/Asia-and-Oceania/Cambodia-LOCAL-
GOVERNMENT.html#ixzz6DMqpid5p

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3. INDONESIA

Administrative Government in Indonesia

To assure political loyalty to the regime, most of the appointed heads of local
governments, from the provinces down to kelurahan, were from the military services
(mainly the army) and police force. The regional heads were also assigned to eradicate
communism from the village level and the rural sector.

4. LAOS

➢ Laos consists of 16 provinces ( khoueng) , one special zone, Xaisomboun, and the
municipality of Vientiane.

➢ The provinces are subdivided into districts ( muong ), townships ( tasseng ), and villages
( ban ).

➢ The president appoints provincial governors and mayors of municipalities.

Reference: https://www.adb.org/sites/default/files/publication/201116/adbi-wp601.pdf
Page | 16
➢ The prime minister appoints deputy provincial governors and deputy mayors and district
chiefs.

➢ Since 1975, local administration has been restructured, with elected people's committees
in the villages functioning as basic units.

➢ Both suffrage and candidacy are open to citizens 18 and over.

➢ Village heads administer at the village level.

➢ Lack of control over local party members in the rural areas appears to be a source of
worry for the politburo, with its implications of corruption and even potential unrest.

5. MALAYSIA

➢ The local government in Malaysia is the lowest tier of government


in Malaysia administered under the states and federal territories which in turn are beneath
the federal tier.

➢ Local governments are generally under the exclusive purview of the state governments as
provided in the Constitution of Malaysia, except for local governments in the federal
territories.

➢ Local government has the power to collect taxes (in the form of assessment tax), to create
laws and rules (in the form of by-laws) and to grant licenses and permits for any trade in
its area of jurisdiction, in addition to providing basic amenities, collecting and managing
waste and garbage as well as planning and developing the area under its jurisdiction.

6. MYANMAR

➢ Myanmar is a unitary nation, ruled by a military Junta , comprising seven states and
seven divisions.

➢ Law and Order Restoration Councils (LORCs) serve as local administration, although
regional army commanders control the actual decision-making process. A LORC was
formed for each State, Division, Township Sector and Ward/Village Sector.

Reference: https://www.nationsencyclopedia.com/Asia-and-Oceania/Lao-People-s-Democratic-Republic-LOCAL-
GOVERNMENT.html#ixzz6DN5bXZXf Page | 17
➢ The main distinction between the two kinds of units, which are functionally the same, is
that the states represent an area where a national ethnic minority is the local majority,
while the divisions have no such communal basis.

➢ The states are Arakan (Rakhine), Chin, Kachin, Karen (Kayin), Kayah, Mon, and Shan.

➢ The divisions are Irrawaddy, Magwe, Mandalay, Bago (Pegu), Sagaing, Yangon
(Rangoon), and Tenasserim. States and divisions are segmented into 317 townships.

➢ Village tracts consist of villages, and towns are divided into wards.

7. PHILIPPINES
Reference: https://www.nationsencyclopedia.com/Asia-and-Oceania/Myanmar-LOCAL-GOVERNMENT.html#ixzz6DNDaySKq
Officially local government in the Philippines, often called local government
units or LGUs, are divided into three levels;

o Provinces and Independent Cities;


o Component Cities and Municipalities; and
o Barangays.

In one area, above provinces and independent cities, is an autonomous region,


the Autonomous Region of Muslim Mindanao. Below barangays in some cities and
municipalities are sitios and puroks. All of these, with the exception of sitios and puroks,
elect their own executives and legislatures. Sitios and puroks are often led by elected
barangay councillors.

Page | 18
8. SINGAPORE

There is no local government and no local elections in Singapore. The community


development councils, headed by a mayor, administer certain community and social services
delegated by government ministries.

9. THAILAND

Ordinary local government is of two forms.

1. Old form under the Local Government Act, Buddhist Era 2457 (1914) – Under this
form, the subdistricts (tambon) are established in the districts and minor districts. Each
subdistrict is led by a subdistrict chief kamnan) and is divided into villages ( mu ban).
Each village is led by a village chief (phuyai ban; literally "village elder")

2. New form under


the Municipalities Act, BE
2496 (1953), the Subdistrict
Councils and Subdistrict
Administrative Organisations
Act, BE 2537 (1995) and
the Provincial Administrative
Organisations Act, BE 2540
(1997) – The local government
under this form is adopted in
every province and consists of:
1. 2,442 municipalities ( t
hetsaban) which are
divided into 30 city

Page | 19
municipalities ( thetsabannakhon), 179 town municipalities (thetsabanmueang)
and 2,233 subdistrict municipalities ( thetsabantambon);
2. administrative organisations (ongkanborihan) which are divided into 76
provincial administrative organisations - PAO (ongkanborihansuanchangwat)
and 5,332 subdistrict administrative organisations - SAO
ongkanborihansuantambon), these are for the local communities, which are not
connected to a thetsaban.

10. TIMOR LESTE

Administrative divisions:12 municipalities (municipios, singular municipio) and 1


special adminstrative region* (regiaoadministrativa especial); Aileu, Ainaro, Baucau,
Bobonaro (Maliana), Covalima (Suai), Dili, Ermera (Gleno), Lautem (Lospalos), Liquica,
Manatuto, Manufahi (Same), Oe-CusseAmbeno* (PanteMacassar), Viqueque
note: administrative divisions have the same names as their administrative centers
(exceptions have the administrative center name following in parentheses)
11. VIETNAM
Vietnam is divided into 58 provinces ( tinh ), and three municipalities ( thu do ) Hanoi,
Haiphong, and Ho Chi Minh City all administered by the national government. Districts,
towns, and villages are governed by locally elected people's councils. Council candidates are
screened by the party. Council members' responsibilities include upholding the constitution
and laws and overseeing local armed forces units. The councils in turn elect and oversee
executive organs, called people's committees, to provide day-to-day administration. The
entire system functions in a unitary fashion, with local organs of authority directly
accountable to those at higher levels.

Officially, Vietnam is divided into 3 administrative tiers, with different types of


administrative unit on each tier:

▪ First Tier: Municipality (thànhphốtrựcthuộctrungương) and Province (tỉnh)


Page | 20
▪ Second Tier: City under Municipality
(thànhphốthuộcthànhphốtrựcthuộctrungương), Urban District (quận), Provincial
City (thànhphốtrựcthuộctỉnh), Town (thịxã) and Rural District (huyện)

▪ Third Tier: Ward (phường), Township (thịtrấn) and Commune (xã)

A Fourth Tier also exists as Hamlet (xóm, ấp) and Village (làng, thôn, bản).
However, this is not an official tier.

III. ELECTION IN SOUTHEAST ASIA COUNTRIES

1. VIETNAM

• single-party socialist republic


• run by one party which represent the people
• the power is vested in the people
• People vote for national Assembly
• Consist of 5oo representative; of the 5oo, party member are 458 while there are 42
independent.
• To be representative one must be, 21 years old and above, capable to handle the duty, and
must be link to people. Also apply to the president and prime minister.
• The party chooses a candidate from the National Assembly, then, the national assembly
vote one of them to be the president.
• National Assembly then chooses the prime minister
• Districts, towns, and villages are governed by locally elected people's councils.
• Council candidates are screened by the party.
• Council members' responsibilities include upholding the constitution and laws and
overseeing local armed forces units.
• The councils in turn elect and oversee executive organs, called people's committees, to
provide day-to-day administration.
• The election is organized and supervised by the National Election Council.
• In Vietnam, any Vietnamese citizen over 18 years old has the right to vote in the national
election.

2. BRUNEI

• Brunei has not held direct legislative elections since 1962.


Reference: https://www.nationsencyclopedia.com/Asia-and-Oceania/Vietnam-LOCAL-GOVERNMENT.html#ixzz6DMSvUTuY Page | 21
https://www.asiatimes.com/2020/01/opinion/vietnam-prepares-for-four-pillars-elections/
• Elections are held for village-level councils that play a consultative role, though
candidates are vetted by the government.
• There are no national-level electoral laws, since there have not been any national, direct
legislative elections in over five decades.
• Although there are no elections, the following legal parties exist: Brunei National
Solidarity Party (PPKB) Brunei People's Awareness Party (PAKAR).

3. THAILAND

• About 51 million Thais aged at least 18 are eligible to vote.


• Eighty political parties will compete for 500 seats in the House of Representatives, while
250 senators will be chosen largely by the military junta.

• There are 750 seats in parliament but Thailand's electorate only votes for the 500 lower
house seats as the members of the 250 upper house seats are appointed by the military.

• Of the 500 seats, 350 are elected using a first-past-the-post system, and the remaining 150
MPs are allocated according to the proportional formula.

4. MALAYSIA

• Elections in Malaysia exist at two levels: federal level and state level.
• Federal level elections are those for membership in the Dewan Rakyat, the lower house
of Parliament.
• State level elections are for membership in the various State Legislative Assemblies.
• The heads of executive branch at both the federal and state levels, the Prime
Minister and Menteri Besar/Chief Ministers respectively, are indirectly elected, usually
filled by a member of the majority party/coalition in the respective legislatures.
• At the federal level, voters elect the 222-member House of
Representatives (Malay: Dewan Rakyat, literally "Hall of the People") of
the bicameral Parliament.
• Members are elected from single-member constituencies drawn based on population
using the first past the post system. The party that has the majority of the House of
Representatives will form the federal government.
• The Constitution of Malaysia requires that a general election must be held at least once
every five years. However, the Prime Minister can ask the Yang di-Pertuan Agong to
dissolve the Parliament at any time before this five-year period has expired.
• A general election should be held no later than two months in West Malaysia and three
months for East Malaysia (Sabah and Sarawak) after the dissolution of the Parliament.
• At the state level, voters elect representatives to the Dewan Undangan Negeri (State
Legislative Assembly). The number of representatives varies between the different states,
with as many as 82 electorates in Sarawak and as little as 15 in Perlis. Members are
elected from single-member constituencies drawn based on population using the first-

Page | 22
past-the-post system. State assembly constituencies are usually smaller (in area and
population) than the parliamentary constituencies. The party that forms the majority of
the state assembly will form the state government.
• Usually, state elections are held simultaneously with the parliamentary election but each
state can decide when to hold its election. This is because state assemblies are dissolved
by their respective Ruler or governor on the advice of the chief minister of the state
• Although there used to be elections for members of local governments such as municipal
councils, no local government elections are held in Malaysia. Local government
elections were suspended after the Indonesia-Malaysia confrontation in 1964.
• The suspension was never lifted and instead made permanent under the Local
Government Act 1976. Under the Act, or the laws of individual states where relevant,
local government members are appointed by the state government.
• Election process
➢ Dissolution of the parliament- if dissolved election is called, should
happens every 5 years.
➢ Notice of election- national election commission will issue notice of
nomination and notice for Election Day.
➢ Nomination and campaign- public campaign
➢ Polling – vote casting usually last from 8am- 5pm
• Election occurs when a particular seat in the Dewan Rakyat becomes vacant. Such a
vacancy can occur when, a member of parliament (MP) dies, and an MP is disqualified
from being a member of the Dewan Rakyat; •a seat is declared vacant because the MP
has been absent from every sitting of the Dewan Rakyat for a period of six month months
without leave of the Dewan Rakyat, and the members of the Dewan Rakyat have decided
to declare the seat vacant. The exception is if the vacancy occurs when the tenure for the
current Parliament or state assembly is less than two years, where the seat is simply left
vacant until the next general election.

5. CAMBODIA
• Cambodia is a one party dominant state with the Cambodian People's Party in power.
• Cambodia's legislature is chosen through a national election.
• The general election is held every five years in the fourth Sunday of July.
• The Parliament of Cambodia has two chambers. The National Assembly of
Cambodia (Khmer: រដ្ឋ សភា, Rotsaphea) has 125 members, each elected for a five-year
term by proportional representation.
• The Senate (Khmer: ព្រឹទ្ធសភា, Protsaphea) has 62 members, mostly indirectly elected.
• Since the signing of the 1991 Paris Peace Accords ending decades of civil war
and foreign occupation, and with the final elimination in 1998 of armed insurgency
groups inside the country, five national elections have taken place in Cambodia in 1993,
1998, 2003, 2008 and 2013.
• The first national elections were administered by United Nations Transitional Authority
for Cambodia (UNTAC) in July 1993.

Page | 23
• the first commune-level election was held in February 2002 and the Cambodian
Senate was elected for the first time by the elected commune council officials in January
2006.
• Three main political parties have dominated Cambodian politics over the last decade:
➢ the Cambodian People's Party (CPP).
➢ The United Front for an Independent, Neutral, Peaceful, and Cooperative
Cambodia (FUNCINPEC)
➢ the Cambodia National Rescue Party (CNRP).

6. INDONESIA
• History
➢ Early elections (1955)
Indonesia's first general election elected members of the DPR and
the Constitutional Assembly of Indonesia (Konstituante). The election was
organised by the government of Prime Minister Ali Sastroamidjojo.
Sastroamidjojo himself declined to stand for election, and Burhanuddin
Harahap became Prime Minister.
The election occurred in two stages:

The election of the members of the People's Representative Council, which took
place on 29 September 1955. Twenty-nine political parties and individuals took
part;

The election for the members of the Constitutional Assembly, which took place
on 15 December 1955.)
➢ Beginning of the New Order (1971)
The first election after the establishment of the "New Order" took place on 5 July
1971. Ten political parties participated.

➢ Election reforms (1999–present)


-The 1999 election was the first election held after the collapse of the New Order.

- It was held on 7 June 1999 under the government of Jusuf Habibie. Forty-eight political
parties participated.
-Under the constitution, the new President was elected by members of both houses of
Parliament in a joint sitting.
• Facts on Indonesian elections
➢ One of the worlds complicated and most expensive electoral system
➢ Third biggest democracy in world

Page | 24
➢ 8 agencies/ organization overseeing the election the POLICE, NATIONAL
ELECTION COMMISSION, BROADCASTING COMMISSION,
HONORARY ELECTION, FINANCIAL TRANSACTION REPORTING
AND ANALYSIS CENTRE, CURRUPTION ERRADICATION
COMMISSION, CONSTITUTIONAL COURT, ELECTION OVERSIGHT
BODY.
➢ The Indonesian people did not elect the head of the state until 2oo4, since the the
president elected for a 5-year term, As are the 575 members of the people
representative council, 136 seats for regional representative council, provincial
and municipal council.

7. LAOS
• Under the constitution of 1947 (as subsequently amended), Laos was a parliamentary
democracy with a king as the nominal chief executive.
• The monarch was assisted by a prime minister (or president of the Council of Ministers),
who was the executive and legislative leader in fact.
• The prime minister and cabinet were responsible to the national assembly, the main
repository of legislative authority, whose 59 members were elected every five years by
universal adult suffrage.
• With the establishment of the Lao People's Democratic Republic in December 1975,
governmental authority passed to a national congress made up of 264 delegates elected
by newly appointed local authorities.
• The congress in turn appointed a 45-member Supreme People's Council to draw up a
new constitution. Pending the completion of this task effective power rested with
Kaysone Phomvihan, a longtime Pathet Lao leader who headed the government as
chairman of the Council of Ministers and was also secretary-general of the Lao People's
Revolutionary (Communist) Party.
• The Lao national legislature, the Supreme People's Assembly (SPA), adopted new
election laws in 1988, and the first national elections under the current government took
place in March 1989 (local elections were held in 1988).
• Kaysone Phomvihan was elected president and Khamtai Siphandon was named prime
minister. The newly elected SPA set out to draft a constitution, which was finished in
mid-1990, and adopted on 14 August 1991 by the SPA.
• Khamtai Siphandon was elected president in 1998, and reelected in 2001.
• The executive branch consists of the president, prime minister and two deputy prime
ministers, and the Council of Ministers (cabinet) which are appointed by the president
with the approval of the National Assembly.
• The legislative branch is the 109-member National Assembly which is elected by
universal suffrage for a period of five years.

Reference: https://www.nationsencyclopedia.com/Asia-and-Oceania/Lao-People-s-Democratic-Republic-
GOVERNMENT.html#ixzz6DN6e9b1c Page | 25
• The judicial branch is the Supreme People's Court Leaders. The constitution calls for a
strong legislature elected by secret ballot, but most political power continues to rest with
the party-dominated council of ministers, who are much aligned with the militar
• The last elections were held on March 20th, 2016.
• The Lao People's Revolutionary Party (LPRP) took 144 seats in the 149-member
National Assembly while the five remaining seats went to independents. Nearly 73% of
members were elected to the National Assembly for the first time. During the election
campaign, many candidates focused on development, promising to serve the interests of
the nation and the people.

8. MYANMAR
• Myanmar is a unitary republic, with elected representatives at the national and, state or
region levels.
• On the national level, the head of state, the President, is elected indirectly through
an Electoral College. According to the 2008 constitution, the term durations of
the legislature, the President, and the Cabinet are five years.[1]
• Voting occurred in all constituencies, excluding seats appointed by the military, to select
Members of Assembly to seats in both the upper house (the House of Nationalities) and
the lower house (the House of Representatives) of the Assembly of the Union, and State
and Region Hluttaws.
• Ethnic Affairs Ministers were also elected by their designated electorates on the same
day, although only select ethnic minorities in particular states and regions were entitled to
vote for them.
• The country has so far had 16 general elections since 1922; the last election was
in 2015 and the next is expected in 2020.
• All elections are regulated by the Union Election Commission.
• The 2008 constitution, drafted by the junta that handed power to President Thein Sein in
2011, reserves a quarter of all seats in parliament for the military.
• That means that only 75 percent of the seats in parliament were contested in the polls. So
to hold an outright majority of 51 percent in parliament, the NLD has to win more than
two-thirds of the seats contested.
• Seats in parliament

There are 440 seats in the lower house. 110 of them are reserved for the military.

There are 224 seats in the upper House. 56 of them are reserved for the military.

There are also 14 legislatures for the regions and states of Myanmar.

Page | 26
• Presidency

Myanmar’s president is elected by parliament, not by popular vote.

The upper house, the lower house, and the military bloc in parliament put forward one
presidential candidate each. The combined houses votes on the three candidates. The
presidential candidates do not have to be elected members of parliament.

The winner becomes president and forms a government, the losers become vice
presidents with largely ceremonial responsibilities.

• Cabinet

The president forms a cabinet, but the military controls three of the most powerful
ministries. They are the interior, defence and border security ministries.

9. PHILIPPINES
• Presidential elections are held every six years
• Congress, Senate and local elections are held in the years of presidential elections and
three years before and after them.
• Overseas Filipinos were allowed to vote in presidential elections for the first time in
2004.
• The voting age is 18 in the Philippines
• Elections are run by the Commissions of Elections (Comelec) and monitored by the
watchdog gro`up National Citizens Movement for Free Elections (Namfrel).
• The constitution established a Commission on Elections that is empowered to supervise
every aspect of campaigns and elections.
• comelec is composed of a chairperson and six commissioners, who cannot have been
candidates for any position in the immediately preceding elections. A majority of the
commissioners must be lawyers, and all must be college-educated. They are appointed by
the president with the consent of the Commission on Appointments and serve a single
seven-year term.
• The Commission on Elections enforces and administers all election laws and regulations
and has original jurisdiction over all legal disputes arising from disputed results.
• The constitution also empowers the commission to "accredit citizens' arms of the
Commission on Elections." This refers to the National Movement for Free Elections
(NAMFREL), a private group established in the 1950s, with advice and assistance from

Page | 27
the United States, to keep elections honest. NAMFREL recruited public-spirited citizens
(320,000 volunteers in 104,000 precincts in the 1987 congressional elections) to watch
the voting and monitor ballot-counting, and it prepared a "quick count," based mostly on
urban returns, to publicize the results immediately. Because the Commission on Elections
can take weeks or even months to certify official returns, the National Movement for Free
Elections makes it harder for unscrupulous politicians to distort the results.
• To counter the unwholesome influence occasionally exercised by soldiers and other
armed groups, the commission may depute law enforcement agencies, including the
Armed Forces of the Philippines. In dire situations, the commission can take entire
municipalities and provinces under its control, or order new elections.
• Most of the seats in the bicameral legislature, consisting of the House of Representatives
and the Senate; a minority of House members known as sectoral representatives are
appointed by the president.
• The final decision on all legislative elections rests with the electoral tribunals of the
Senate and House of Representatives. Each electoral tribunal is composed of nine
members, three of whom are members of the Supreme Court designated by the chief
justice. The remaining six are members of the Senate or the House, chosen on the basis of
proportional representation from parties in the chamber.
• The 1987 constitution establishes a new system of elections. The terms of representatives
are reduced from four years to three, and the presidential term is lengthened from four
years to six

• The Constitution's transitory provisions are scheduled to expire in 1992, after which there
is to be a three-year election cycle

10. SINGAPORE
• There are currently two types of elections in
Singapore: parliamentary and presidential elections.
• According to the constitution of Singapore general elections for parliament must be
conducted within 3 months of the dissolution of parliament, which has a maximum term
of 5 years from the first sitting of parliament.
• Presidential elections are conducted every 6 years.
• The parliament of Singapore is unicameral with 89 seats. Since the legislative assembly
election in 1959,
• the People's Action Party has had an overwhelming majority, and for nearly two decades
was the only party to win any seats, and has always formed the government of Singapore.

Reference: http://factsanddetails.com/southeast-asia/Philippines/sub5_6f/entry-3903.html
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Presidential Election
Presidential elections have been held since 1993. Under the "Presidential Elections Act", to
run for president, one must obtain a "certificate of eligibility" from the Presidential Elections
Committee. To obtain this certificate:

• He or she must be a citizen of Singapore.


• He or she must not be less than 45 years of age.
• His or her name must appear in a current register of electors.
• He or she must be resident in Singapore at the date of his or her nomination for election and
must have been so resident for periods amounting in the aggregate to not less than ten years
prior to that date.
• He or she must not be subject to any of the following disqualifications:
(a) being and having been found or declared to be of unsound mind;
(b) being an undischarged bankrupt;
(c) holding an office of profit;
(d) having been nominated for election to Parliament or the office of President or having
acted as election agent to a person so nominated, failing to lodge any return of election
expenses required by law within the time and in the manner so required;
(e) having been convicted of an offence by a court of law in Singapore or Malaysia and
sentenced to imprisonment for a term of not less than one year or to a fine of not less
than S$2,000 and having not received a free pardon, provided that where the conviction is
by a court of law in Malaysia, the person shall not be disqualified unless the offence is
also one which, had it been committed in Singapore, would have been punishable by a
court of law in Singapore;
(f) having voluntarily acquired the citizenship of, or exercised rights of citizenship in, a
foreign country, or having made a declaration of allegiance to a foreign country;
(g) being disqualified under any law relating to offences in connection with elections to
Parliament or the office of President by reason of having been convicted of such an
offence or having in proceedings relating to such an election been proved guilty of an act
constituting such an offence.

• He or she must be a person of integrity, good character and reputation.


• He or she must not be a member of any political party on the date of his or her
nomination for election.
• He or she must have for a period of not less than three years held office —
o as Minister, Chief Justice, Speaker, Attorney-General, Chairman of the Public
Service Commission, Auditor-General, Accountant-General or Permanent Secretary;
o as chief executive officer (CEO) of a key statutory board or government company:
the Central Provident Fund Board, the Housing and Development Board, the Jurong
Town Corporation, the Monetary Authority of Singapore, Temasek Holdings, or GIC
Private Limited (formerly known as the Government of Singapore Investment
Corporation);
o as the most senior executive of a company with an average of $500 million
in shareholders' equity for the most recent three years in that office, and which is
profitable after taxes; or

Page | 29
o in any other similar or comparable position of seniority and responsibility in any
other organisation or department of equivalent size or complexity in
the public or private sector which has given him such experience and ability in
administering and managing financial affairs as to enable him to carry out effectively
the functions and duties of the office of President.
• The Parliamentary elections include the general elections and by-elections. The
Parliament has a term of 5 years but may be dissolved at any time before the expiry of its
5-year term by the President on the advice of the Prime Minister. The general election
must be held within 3 months of the dissolution of the Parliament.
Legislation governing the conduct of the Parliamentary elections comprise:

• Constitution of the Republic of Singapore (The Legislature - Part VI);


• Parliamentary Elections Act (Chapter 218);
• Political Donations Act (Chapter 236);
• Key Subsidiary Legislation.

Page | 30

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