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LAW OF THE REPUBLIC OF LITHUANIA

LAW OF THE REPUBLIC OF LITHUANIA Official translation THE REPUBLIC OF LITHUANIA LAW ON THE GOVERNMENT 19 May 1994, No. I-464 Vilnius (As amended by 30 June 1998, No. VIII-818) Chapter

  1. GENERAL PROVISIONS Article
  2. The Composition of the Government of the Republic of Lithuania The Government of the Republic of Lithuania (hereinafter referred to as the Government) shall consist of the Prime Minister and ministers. Article
  3. The Powers of the Government
  4. The Government shall implement executive power in Lithuania.
  5. The powers of the Government shall be defined by the Constitution and laws of the Republic of Lithuania. Article
  6. The Legal Basis of the Activities of the Government The Government shall act in compliance with the Constitution and laws of the Republic of Lithuania, treaties of the Republic of Lithuania, other legislative acts passed by the Seimas, the Government programme, decrees of the President of the Republic, this Law, and other legislative acts. Article
  7. The Basic Principles of the Activities of the Government The Government shall ground its activities on the principles of collegiality, democracy, lawfulness and openness. Article
  8. The Responsibility and Accountability of the Government
  9. The Government shall be jointly responsible to the Seimas for its general activities. The Government shall, at least once a year, present to the Seimas a report on the implementation of the Government programme.
  10. Upon the request of the Seimas, the Government or individual ministers shall, in the manner prescribed by the Statute of the Seimas, account to the Seimas for their activities.
  11. In exercising administration of the spheres assigned to them, ministers shall be responsible to the Seimas, the President of the Republic and directly subordinate to the Prime Minister. Chapter
  12. FORMATION OF THE GOVERNMENT Article
  13. Procedure of the Formation of the Government; the Government Programme
  14. The Prime Minister shall, with the approval of the Seimas, be appointed and dismissed by the President of the Republic.
  15. The Prime Minister shall, within 15 days of his appointment, shall present to the Seimas the Government which he has formed and which has been approved by the President of the Republic, and shall submit its programme for consideration. In the event that this programme is not approved by the motivated resolution of the Seimas, the Prime Minister shall present a new programme for consideration within 15 days from the date on which it has not been approved. The Ministries and other state institutions must provide to the appointed ministers the material which is necessary for the preparation of the Government programme, and contribute to the preparation of the said programme.
  16. The Government shall be granted authorisation to act after the Seimas approves its programme by majority vote of the Seimas members present at the sitting.
  17. When the Seimas approves the Government programme, the Government must within 3 months prepare and approve specific measures for the implementation of the said programme. Article
  18. Swearing in of the Prime Minister and Ministers
  19. On entering upon their duties, the Prime Minister and ministers shall take the oath. The text of the oath shall read as follows: "I (name, surname), swear to be faithful to the Republic of Lithuania; swear to respect and observe its Constitution and laws, to protect the integrity of its territories; swear to the best of my ability to strengthen the independence of Lithuania, conscientiously serve my Homeland, democracy, and the well-being of the people of Lithuania. So help me God!"
  20. The oath may be taken omitting the last sentence.
  21. The Prime Minister and ministers shall take the oath during the Seimas sitting. The President of the Republic shall be invited to attend this sitting. The oath shall be administered by the Seimas Speaker, or, in his absence, by the Deputy Seimas Speaker acting as the Seimas Speaker.
  22. The Prime Minister and each minister shall take the oath while standing in front of the Seimas Speaker or Deputy Seimas Speaker and reading the oath, holding his hand on the Constitution of the Republic of Lithuania. Upon having taken the oath, the Prime Minister or the minister shall sign the nominal oath sheet.
  23. The text of the oath shall not be amended and changed with the exception of the last sentence reading whereof is not required (it may be struck out). The Prime Minister or the minister who does not comply with this provision, who refuses to take the oath or to sign the nominal oath sheet, or who signs the sheet with a stipulation, shall not be considered to have taken the oath and may not hold his office.
  24. Nominal oath sheets shall be handed over to the Seimas Speaker and shall be kept in the Seimas Office. Chapter
  25. LAYING DOWN OF THE POWERS OF THE GOVERNMENT AND ITS RESIGNATION Article
  26. Laying down of the Powers of the Government
  27. Upon the election of a new President of the Republic, the Government shall lay down its powers.
  28. Upon the election of the Seimas, the Government shall lay down its powers before the President of the Republic on the day the newly-elected Seimas convenes its first sitting.
  29. Upon the election of the President of the Republic, the Government shall lay down its powers before the President of the Republic on the day he begins performing his duties.
  30. When more than half of the ministers are changed, the Seimas must newly empower the Government.
  31. The powers of the Government shall be considered laid down when the Prime Minister or a member of the Government deputising for the Prime Minister, hands in a written document to the President of the Republic.
  32. The President of the Republic shall accept the powers laid down by the Government and charge it to perform its duties until the Government is newly empowered by the Seimas or until a new Government is formed. If the Government does not laid down its powers in writing, the President of the Republic shall have the right to charge by a decree the Government to perform its duties and to appoint a member of the Government to deputise for the Prime Minister, until a new Government is formed or until the Government is newly empowered by the Seimas.
  33. When the Government lays down the powers on the basis provided for in paragraph 1 of this Article, the President of the Republic shall within 15 days submit to the Seimas for consideration the candidature of the Prime Minister of the Government which has laid down its powers. When the Seimas approves of the candidature of the Prime Minister and the President of the Republic appoints the Prime Minister, provided that not more than half of the ministers, who worked before the laying down of the powers, have changed in the Government the composition whereof was submitted by the Prime Minister and approved by the President of the Republic, the Government shall be newly empowered to act in accordance with the programme previously approved by the Seimas. If the Seimas does not approve of the candidature of the Prime Minister, the Government must resign. Article
  34. Resignation of the Government
  35. The Government must resign: 1) if the Seimas disapproves two times in succession of the programme of the newly-formed Government; 2) if the majority of all the Seimas members express a lack of confidence in the Government or in the Prime Minister voting by secret ballot; 3) if the Prime Minister resigns or dies; 4) after the Seimas elections, when a newly-elected Seimas convenes its first session; 5) when more than half of the ministers are changed or after the election of the President of the Republic, the Prime Minister does not get repeat approval of the Seimas.
  36. The Prime Minister or a member of the Government deputising for the Prime Minister shall notify in writing the President of the Republic of the resignation of the Government on the day one of the circumstances specified in paragraph 1 of this Article occurs. Without having given a written notification about the resignation of the Government, the President of the Republic shall have the right to charge the Government to perform its duties and to appoint a member of the Government to deputise for the Prime Minister, until a new Government is formed.
  37. The Government may resign upon the proposition of the Prime Minister, by adopting a resolution. The Government shall be considered resigned when the Prime Minister submits to the President of the Republic a resolution on the resignation of the Government.
  38. The President of the Republic shall accept the resignation of the Government and, when necessary, shall charge it to continue performing its duties. He may charge one of the ministers to act as the Prime Minister, until a new Government is formed. Article
  39. Appointment, Dismissal and Resignation of a Minister
  40. The President of the Republic shall, upon the recommendation of the Prime Minister, appoint and dismiss individual ministers. The Speaker of the Seimas, deputising for the President of the Republic, may not appoint or dismiss ministers without the Seimas consent.
  41. The minister shall have the right to resign. The minister shall be considered as resigned when he notifies the President of the Republic and the Prime Minister of his resignation in writing.
  42. The minister must resign when more than half of all the Seimas members express, voting in secret ballot, a lack of confidence in him. The minister shall notify the President of the Republic and the Prime Minister of this fact in writing on the same day, and if this is not possible - not later than the next day. If the minister does not fulfil this requirement, he shall be relieved of his post by a decree of the President of the Republic.
  43. The President of the Republic shall accept the resignation of the minister. He may make a proposal to the minister to continue in office until a new minister is appointed. Article
  44. Submitting an Interpellation to the Prime Minister or a Minister or Submitting a Draft Resolution concerning Non-Confidence in the Government
  45. During a session of the Seimas, a group of at least 1/5 of the Seimas members may submit an interpellation to the Prime Minister or a minister, as well as, submit a draft resolution concerning non-confidence in the Government.
  46. Upon considering the reply of the Prime Minister or the minister to the interpellation, or the reply of the Government to the draft resolution concerning non-confidence, the Seimas may decide that the reply is not satisfactory and by a majority vote of more than half of all the Seimas members, express non-confidence in the Prime Minister or a minister, or the Government; said voting shall be done by secret ballot.
  47. Upon the declaration of non-confidence in the Prime Minister or the minister, or the Government, they must resign on the same day.
  48. When the Seimas declares non-confidence in the Prime Minister, the Government shall resign in corpore. In this case, the President of the Republic shall charge another Government member to carry out the functions of the Prime Minister until a new Government is formed. When the Seimas declares non-confidence in a minister, the President of the Republic shall charge another minister to carry out the said functions until a new minister is approved and sworn in. In this case, the Prime Minister shall within 15 days present to the President of the Republic a new candidate for minister. Chapter
  49. GUARANTEES OF THE GOVERNMENT MEMBERS AND POLITICAL OFFICIALS WORKING IN THE GOVERNMENT Article
  50. Guarantees for Inviolability of the Prime Minister and Ministers The Prime Minister and ministers may not be held criminally liable or arrested, and may not be subjected to any restrictions of personal freedom without the preliminary consent of the Seimas, or, if the Seimas is not in session - without the preliminary consent of the President of the Republic. Article
  51. Working Conditions and Social Guarantees of the Government Members, and Political Officials appointed by the Prime Minister and Ministers
  52. The amount of payment for work of the Government members and political officials shall be established by the Law on Salary of Statesmen. Before the said law comes into force, the following official salaries shall be established: for the Prime Minister - 60% of the salary of the President of the Republic, for ministers - 50% of the salary of the President of the Republic, and for political officials - by a resolution of the Government, in accordance with the national average earnings coefficient.
  53. Political officials shall government employees (officials of level “A”) who are appointed on the basis of political or personal trust.
  54. The Office of the Government shall pay salaries to Government members.
  55. A fund of the Prime Minister may, by the Government resolution, be set up to cover expenses pertaining to the representation of the Government in the country and abroad; each month the sum in the amount of three average monthly earnings shall be allocated to the said fund without exceeding general funds for the representational purposes, provided for the Office of the Government in the State Budget of the Republic of Lithuania. The Government shall establish a procedure for using the said funds.
  56. By the Government resolution, ministers’ funds may be set up without exceeding general funds for the representational purposes allotted to the Ministry. The Minister of Finance shall establish a procedure for using the said funds.
  57. The Prime Minister may have a residence which is be maintained from the funds provided for the Office of the Government in the State Budget.
  58. Upon expiration of the term of office of the Government members and political officials, they shall be provided with the following social guarantees: 1) upon the completion of transfer of their duties, the compensation to be equal to two average monthly work pays of a Government member or political official; and upon their resignation or dismissal from the respective office on the initiative of the Government (when this is provided by laws or other legislative acts), the Prime Minister or a minister - their severance pay to be equal to one average monthly work pay; 2) the family of the Prime Minister or the minister, or the family of the political official appointed by the Government and the Prime Minister shall receive a lump-sum compensation equal to the official salary of two and a half years, in the event that the Prime Minister or a minister, or a political official accidentally loses his or her life while discharging his or her duties. The compensation shall be paid in equal amounts to the spouse, parents and dependants of the dead. In this case, dependants shall be the persons incapable of work who were maintained by the dead, or who, on the day of his or her death, had the right to receive maintenance from him or her; children of the dead, who were born after his or her death; children who are under age - until they reach the age of 16, and the children who are full-time students of the educational institutions registered in a prescribed manner - until they reach the age of 24; disabled persons - during the period of disability. Burial costs for the Prime Minister or the minister, or a political official appointed by the Government and the Prime Minister, who accidentally lost his or her life while discharging his or her duties shall be covered by the State. In the event that the Prime Minister or a minister has been injured while discharging his or her duties, they shall be paid the compensation equal to the official salary of one to two and a half years, taking into consideration the degree of injuries.
  59. The social guarantees specified in subparagraph 1 of paragraph 7 of this Article shall not be applied to the persons when such persons are appointed or elected to other posts in a State institution, organisation, State or local authority enterprise.
  60. Funds for the social guarantees specified in this Article shall be provided from the State budget.
  61. The Government members and political officials appointed by them shall not be entitled to social privileges. Article
  62. Prohibition for the Prime Minister, Ministers and Political Officials to Hold Elective or Appointive Office and to Engage in any other Labour Activities The Prime Minister, ministers and political officials may not hold any other elective and appointive office (except a possibility for the Seimas members to hold the post of the Prime Minister or a minister), may not be employed in business, commercial and other private institutions or enterprises, and may not receive any remuneration other than the salary established for their respective Government offices or the salary of a political official, and payments for creative activities. Payments for creative activities shall comprise royalties for lectures, works of art and their performance, publications and books, participation in radio and television programmes and recordings of the said programmes, as well as remuneration for pedagogical work in State educational institutions. Chapter
  63. SPECIAL RELATIONS OF THE GOVERNMENT WITH THE SEIMAS AND THE PRESIDENT OF THE REPUBLIC Article
  64. The Right of the Government to Present a Proposal for Pre-Term Elections to the Seimas The Government shall have the right to present to the President of the Republic a proposal to announce pre-term elections to the Seimas, if the Seimas expresses direct non-confidence in the Government. Article
  65. The Right of the Government to Announce Elections of the President of the Republic
  66. In the cases specified in paragraph 1 of Article 89 of the Constitution of the Republic of Lithuania, when the Seimas may not, within 10 days, convene and announce elections of the President of the Republic, the elections shall be announced by the Government, by adopting a resolution.
  67. The Central Electoral Committee shall be instructed to implement the said Government resolution. Article
  68. Participation of the Prime Minister and Ministers in the Work of the Seimas In the manner established by the Seimas Statute, the Prime Minister and ministers shall be entitled to take part in the sittings of the Seimas, its Committees, Commissions and parliamentary groups and to convey their opinion on the issues under consideration. Article
  69. Procedure for Replying by the Government Members to Inquiries of the Seimas Members
  70. The Prime Minister or the minister to whom an inquiry about the activities of the Government, Ministries or other Government institutions is addressed by a Seimas member during a Seimas session, must reply orally or in writing in the procedure established by the Seimas Statute.
  71. At a Seimas session, the Prime Minister and ministers shall, in a manner prescribed by the Seimas Statute, answer the questions posed by Seimas members.
  72. On the invitation of the Seimas Committee, Commission or parliamentary group, ministers or an officer authorised by a minister must, in a manner prescribed by the Seimas Statute, participate in a sitting of the Committee, Commission or parliamentary group, and furnish explanations on the issues under consideration. Article
  73. The Duty of the Prime Minister and Ministers to Countersign Decrees of the President of the Republic The Prime Minister or an appropriate minister shall within 3 days sign the Decrees of the President of the Republic concerning the issues specified in Article 85 of the Constitution of the Republic of Lithuania. Responsibility for such decree shall lie with the Prime Minister or the minister who signed it. Article
  74. The Right of Legislative Initiative of the Government
  75. The Government shall have the right of legislative initiative in the Seimas.
  76. The Government shall enact a resolution pertaining to draft laws or draft Seimas resolutions which are submitted to the Seimas. Article
  77. Vote of Confidence in the Government The Government shall be entitled to submit a proposal to the Seimas regarding a vote of confidence in the Government. Chapter
  78. COMPETENCE OF THE GOVERNMENT Article
  79. Basic Powers of the Government The Government shall: 1) protect the constitutional order and inviolability of the territory of the Republic of Lithuania, administer national affairs, ensure State security and public order; 2) enforce laws and resolutions of the Seimas concerning the implementation of laws and national programmes, as well as decrees of the President of the Republic, implement a Government programme approved by the Seimas; 3) co-ordinate the activities of the ministries and other Government institutions; 4) prepare the draft State budget and submit it to the Seimas; execute the State budget and submit a State budget execution account to the Seimas; 5) dispose of the State property on the grounds of laws, establish a procedure of the management and use thereof; 6) draft laws and other legislative acts and submit them to the Seimas for consideration; 7) submit proposals to the Seimas to establish and abolish ministries; 8) establish and abolish Government institutions and institutions under the ministries; 9) approve regulations of ministries, Government institutions and institutions under the ministries; 10) together with the President of the Republic carry out foreign policy; establish diplomatic relations and maintain relations with foreign countries and international organisations, submit proposals to the President of the Republic to appoint or recall diplomatic representatives of the Republic of Lithuania in foreign states and at international organisations; 11) in a manner prescribed by law, organise governing in upper administrative units; 12) propose to the Seimas to establish the direct governing on the territory of a municipality in the cases provided by law; 13) have the right to appeal to the Constitutional Court with a request to investigate the conformity of laws of the Republic of Lithuania and other legislative acts adopted by the Seimas with the Constitution of the Republic of Lithuania; 14) appoint and dismiss county governors and representatives of the Government who exercise administrative supervision of the activities of local authorities; 15) set up commissions and committees; and 16) discharge other duties prescribed to the Government by the Constitution of the Republic of Lithuania, this and other laws. Article
  80. Relations of the Government with Local Authorities The Government shall: 1) exercise control of appointed representatives of the Government how they discharge powers conferred on them by law, supervising the compliance with the Constitution and laws of the Republic of Lithuania and implementation of the resolutions and decisions of the Government by local authorities; and 2) submit recommendations to local authorities concerning the issues of social security, health, education and culture, as well as other issues. Chapter
  81. COMPETENCE OF THE PRIME MINISTER AND MINISTERS Article
  82. The Prime Minister
  83. The Prime Minister shall represent the Government and direct its activities.
  84. The Prime Minister shall: 1) form the Government and submit its composition for the approval of the President of the Republic; 2) submit proposals to the President of the Republic on the appointment and dismissal of individual ministers; 3) appoint and dismiss the Government Chancellor, his deputies, other public servants who are appointed on the grounds of political or personal confidence of the Office of the Prime Minister; 4) appoint and dismiss the Government Secretary; 5) appoint and dismiss the heads of Government institutions - departments under the Government (upon the recommendation of the Government Chancellor), in cases provided by legislative acts - the heads of the departments under the ministry (upon the recommendation of the minister), as well as their deputies (upon the recommendation of the heads of departments), upon the recommendation of the ministers, appoint and dismiss vice-ministers, establish their number; on his own initiative dismiss public servants appointed on the ground of political or personal confidence, as well as officers appointed by the Prime Minister, upon having expressed non-confidence in them. In this case, the Employment Contract Law shall not apply to them, they shall receive a severance pay equal to two average monthly salaries, except political officials to whom the social guarantees provided for in Article 13 of this Law shall apply; 6) upon the recommendation of the Government Secretary, appoint and dismiss the heads of Government institutions - inspectorates, services and other institutions; 7) impose disciplinary penalties on heads of Government institutions and other public servants and officers appointed by the Prime Minister; 8) give incentives to the county governors, representatives of the Government, heads of Government institutions and other public servants and officers appointed by the Prime Minister; 9) in the cases specified by the Constitution of the Republic of Lithuania, submit to the President of the Republic proposals to commission one of the ministers to deputise for the Prime Minister; 10) submit a Government programme to the Seimas for consideration; 11) in the cases provided by laws or Government resolutions, appoint heads of departments and other institutions under the Ministries, upon the recommendation of the appropriate ministers; 12) submit proposals to the Government regarding the appointment and dismissal of county governors, upon the recommendation of county governors, appoint and dismiss deputy county governors; 13) establish bonuses for the heads of Government institutions, county governors, representatives of the Government, upon the recommendation of the ministers - for the vice-ministers; 14) convene Government sittings and preside over them (chair them), approve the agenda of a Government sitting; 15) give authority to negotiate and sign international treaties of the Republic of Lithuania; 16) form government delegations for official visits to other countries, as well as for the participation in international congresses, conferences, sessions; 17) give authority to represent the Government in the Constitutional Court and other courts; 18) solve issues pertaining to the organisation of Government activities; 19) perform other duties prescribed to the Prime Minister by the Constitution of the Republic of Lithuania, this and other laws.
  85. If the Prime Minister does not approve of the provisions of the minister’s activities in the Government, he shall have the right to submit to the President of the Republic a proposal concerning dismissal of the said minister. Article
  86. Powers of the Minister who Acts as the Prime Minister or Deputises for the Prime Minister
  87. The minister who acts as the Prime Minister shall be entitled to the same powers as the Prime Minister.
  88. The minister who deputises for the Prime Minister shall be entitled to the same powers as the Prime Minister, with the exception of the powers provided for in Article 9 and subparagraphs 1-5 and 10 of paragraph 2 of Article
  90. The minister who acts as the Prime Minister or deputises for the Prime Minister shall indicate in documents his own duties and make an entry "Acting Prime Minister" or “Deputising Prime Minister”. Article
  91. The Ministers
  92. The ministers shall be personally responsible for the spheres of administration entrusted to them.
  93. Only another member of the Government, appointed by the Prime Minister, may temporarily act as a certain minister. The acting minister shall not discharge functions specified in subparagraphs 7, 9, 11, 12 and 13 of paragraph 3 of this Article.
  94. The minister shall: 1) head the respective Ministry, settle the matters which fall within the jurisdiction of the Ministry, and be directly responsible for the implementation of the Government programme on the matters assigned to the jurisdiction of the Ministry; 2) ensure the enforcement of laws, international treaties of the Republic of Lithuania, decrees of the President of the Republic, resolutions of the Government, ordinances of the Prime Minister and other legislative acts; 3) submit to the Government drafts of laws and other legislative acts in the manner prescribed by the Government procedures manual; 4) ensure the enforcement of instructions of the Government and the Prime Minister; 5) issue orders and other legislative acts confirmed by the orders, exercise control over the enforcement thereof. Orders and other legislative acts issued by the minister shall be registered in the manner prescribed by the Government procedures manual. The minister shall sign orders and other legislative acts. When necessary, several ministers may issue joint orders or other legislative acts confirmed by the order; 6) submit to the Government reports on the activities of the Ministry, how the Government programme and the measures of its implementation are carried out, and render an account of his activities upon the request of the Prime Minister; 7) submit to the Prime Minister proposals for the appointment and dismissal of the vice-ministers, imposing of disciplinary penalties on them or giving of incentives to them; 8) submit to the Government draft regulations of a department, service or inspectorate under the Ministry; 9) upon the recommendation of the under-secretary of the Ministry approve the structure of the Ministry administration and the roll of staff, not exceeding the funds appropriated for work pay; 10) approve the regulations (statutes) of units of the Ministry administration, departments, services and inspectorates under the Ministry, other institutions, State enterprises established by or assigned to the Ministry; 11) appoint and dismiss civil servants appointed on the grounds of political and personal confidence of the minister (except vice-ministers), the under-secretary of the Ministry, heads of the institutions under the Ministry, as well as heads of the institutions, State enterprises established by or assigned to the Ministry (upon the recommendation of the under-secretary of the Ministry); on his own initiative dismiss civil servants appointed on the grounds of political or personal confidence of the minister and other officers appointed by the minister, upon having expressed non-confidence in them. In this case, the Employment Contract Law shall not apply to them, they shall be receive a severance pay equal to two average monthly salaries, except political officials to whom the social guarantees provided for in Article 13 of this Law shall apply; 12) approve long-term (up to 10 years) strategic plans of activities of the Ministry, which are periodically updated; 13) in the cases provided by laws and Government resolutions, submit to the Prime Minister proposals concerning the appointment of the heads of departments and other institutions under the Ministry 14) discharge other functions prescribed to him by laws and Government resolutions.
  95. The minister who has a separate opinion concerning the decisions of the Government or the work of its individual members, should express it at a Government sitting. Article
  96. Government Commissions
  97. When necessary, the Government may establish standing and ad hoc commissions.
  98. The work of the commission shall be directed by the Government member or other person appointed by the Government.
  99. The Government shall establish tasks, functions, powers, procedure of activities, and financing of the commissions. Funds for the financing of standing commissions must be provided for in the State Budget; funds for contingencies may be allocated from the Government reserves. Article
  100. Working Groups Formed by the Prime Minister
  101. The Prime Minister may form working groups for the consideration of issues and drafting of proposals.
  102. A working group shall be headed by the person appointed by the Prime Minister.
  103. The concrete purposes and tasks of a working group shall be established by the Prime Minister.
  104. When necessary, the Government shall resolve an issue of the allocation of funds for the activities of a working group. Chapter
  105. THE MINISTRIES, GOVERNMENT INSTITUTIONS AND ADMINISTRATIONS OF COUNTY GOVERNORS Article
  106. The Ministries
  107. The Ministries shall be as follows: 1) Ministry of Environment; 2) Ministry of Finance; 3) Ministry of National Defence; 4) Ministry of Culture; 5) Ministry of Social Security and Labour; 6) Ministry of Communications; 7) Ministry of Healthcare; 8) Ministry of Education and Science; 9) Ministry of Justice; 10) Ministry of National Economy; 11) Ministry of Foreign Affairs; 12) Ministry of Public Administration Reforms and Local Authorities; 13) Ministry of the Interior; and 14) Ministry of Agriculture.
  108. Upon the proposition of the Government, the Ministries shall be founded and abolished by the Seimas by enacting a law.
  109. The Ministry shall discharge the functions of State administration of the sphere assigned to it by laws and other legislative acts, and shall implement public policy in this sphere.
  110. The Ministry shall be headed by a minister.
  111. The Ministry shall be a legal person which has a bank account and a seal with the National Emblem and its own name.
  112. The Ministry shall act in compliance with the Constitution, laws of the Republic of Lithuania, international treaties of the Republic of Lithuania, Government resolutions, other legislative acts.
  113. The Ministry shall be an institution financed from the State Budget.
  114. The Government shall approve the regulations of the Ministry.
  115. The Ministry shall have its own administration. The administration shall be headed by the under-secretary of the Ministry. He may have not more than two deputies (under-secretaries).
  116. Tasks, functions and rights of the Ministries shall be established in laws, regulations of the Ministries, and Government resolutions. Article
  117. The Structure of the Ministries
  118. The Ministries shall consist of departments, divisions and other units.
  119. Departments, services performing the functions of control or accounting, inspectorates and other institutions may be set up under the Ministries.
  120. A department under the Ministry shall be headed by the director or vice-minister. Article
  121. Vice-Ministers and Under Secretaries of the Ministries
  122. Upon the recommendation of the minister, the Prime Minister shall, on the grounds of political confidence, appoint and dismiss vice-ministers. The vice-ministers may be dismissed when the Prime Minister expresses non-confidence in them. The number of vice-ministers shall be established by the Prime Minister, taking into consideration the proposals of the minister. The under-secretary - highest career officer of the Ministry, shall be appointed and dismissed by the minister.
  123. The minister shall head the units of the Ministry directly or through the vice-ministers and under secretary of the Ministry, and the departments, services and inspectorates under the Ministry, other institutions and organisations subordinate to the Ministry - through the heads of the said institutions.
  124. The vice-minister shall be directly responsible to the minister. The scope of his competence shall be established by the minister.
  125. The vice-minister shall have care of the field of work of the Ministry, which has been assigned to him by the minister, shall, through the under-secretary of the Ministry and the appropriate heads of the institutions of the Ministry, co-ordinate and ensure the implementation of the policy, established by the minister, in the spheres assigned to his powers, shall submit drafts of laws and other legislative acts to the minister.
  126. The vice-minister may head a department under the Ministry.
  127. Except as otherwise provided by the laws regulating the activities of the Ministries, the under-secretary of the Ministry: 1) shall be responsible for the administration of the Ministry, organisation and quality of the preparation of legislative acts (drafts), shall, in compliance with the Government programme, the concrete measures approved by the Government or the minister to implement the said programme, organise and control the activities of all units of the administration of the Ministry; 2) shall be responsible for the economic and financial activities of the Ministry; 3) shall submit the composition of the administration of the Ministry to the minister for approval; 4) shall organise the preparation of the minister’s orders, shall, within his competence, issue executive type ordinances; 5) shall, with the minister’s approval, appoint and dismiss his own deputies, heads of the Ministry units, as well as the heads of the institutions established by the Ministry or assigned to it, with the exception of the heads who are appointed by the minister, and career employees and service staff; 6) shall discharge other functions assigned to him by the minister. Article
  128. Colleges of the Ministries
  129. A college shall be founded in the Ministry, which shall be an advisory body of the minister. The minister (chairman of the college), vice-ministers, under-secretary of the Ministry shall be the members of the college. Deputies (under-secretaries) of the under-secretary of the Ministry and other representatives of the Ministry, other institutions and organisations may be included in the college. Upon their consent, representatives of other Ministries, State and other institutions and organisations, as well as scientists may be invited to participate in meetings of the college.
  130. The minister shall affix the number of members of the college, and approve the composition and regulations of the college. He shall also submit issues to the college for consideration. Article
  131. Government Institutions of the Republic of Lithuania
  132. For the solution of issues not assigned to the functions of Ministries, the Government may, without exceeding the funds allocated for public administration in the appropriate year’s budget, found Government institutions (departments, services performing the functions of control or accounting, agencies, inspectorates and other institutions).
  133. The tasks, functions and rights of the Government institution shall be established in its regulations.
  134. The Government institution shall be headed by the head (department- by the director general, service - by the director, inspectorate - by the chief). The head of the Government institution shall be subordinate to the Prime Minister. The activities of the heads of departments (political officials) shall be co-ordinated by the Government Chancellor, and the activities of the heads of services and inspectorates (career officers) - by the Government Secretary. By the Government resolution, the Government institution may be subordinate to the minister.
  135. The head of the Government institution shall resolve issues assigned to the sphere of competence of the institution, as well as discharge other functions prescribed by laws and Government resolutions. The head of the Government institution shall be personally responsible that the institution would fulfil tasks assigned to it.
  136. The head of the Government institution may have a deputy (deputies) who, upon the recommendation of the head, is appointed by the Prime Minister or, upon the instruction of the Prime Minister, by the Government Chancellor (deputy heads of departments) or by the Government Secretary (deputy directors of services and deputy chiefs of inspectorates).
  137. The head of the Government institution shall issue orders and other legislative acts approved by the order, and supervise their implementation. Article
  138. Control Exercised by the Government over Ministries, Government Institutions, and the Procedure for Coming into Force of the Legislative Acts Adopted by such Institutions
  139. The Government shall co-ordinate the activities of the Ministries through the ministers. The Government shall have the right to repeal legislative acts of the ministers and institutions subordinate to the Ministries, as well as of Government institutions if they contradict the Constitution of the Republic of Lithuania, laws, international treaties of the Republic of Lithuania, other legislative acts adopted by the Seimas, decrees of the President of the Republic, resolutions of the Government or ordinances of the Prime Minister.
  140. Legislative acts of the Ministries and Government institutions in which legal rules are established, amended or declared invalid, shall come into force in accordance with the procedure established by laws. Article
  141. Organisation of the Governing of Counties and Administrative Supervision of the Activities of Local Authorities
  142. The Government shall organise the governing of the county - upper administrative unit of the territory of the Republic of Lithuania - through the county governing, Ministries and Government institutions.
  143. Upon the recommendation of the Government, the Seimas shall set or alter the limits and centre of the county, give or change the name of the county.
  144. Representatives appointed by the Government shall supervise whether local authorities comply with the Constitution and laws of the Republic of Lithuania, whether they enforce Government resolutions.
  145. The Government shall approve the composition of the county governor’s administration and its regulations.
  146. The powers of the county governor and the representative of the Government shall be established by laws. Chapter
  147. ORGANISATION OF THE ACTIVITIES OF THE GOVERNMENT Article
  148. The Government Procedures Manual The internal rules of the Government shall be established by the procedures manual approved by the Government. Article
  149. Sittings of the Government
  150. The Government shall resolve the issues of State administration at its sittings by adopting resolutions by a majority vote of all Government members.
  151. Officers whose right to participate in the Government sittings is provided by the Constitution and other laws of the Republic of Lithuania, may participate in the Government meetings.
  152. Other persons may also be invited to the Government meetings.
  153. The principal issues may, prior to the Government sittings, be discussed in the standing and ad hoc committees set up by the Prime Minister, as well as in the meetings of the under-secretaries of the Ministries, convened by the Government Secretary. Article
  154. The Procedure for Submitting Draft Legislative Acts and other Documents to the Government
  155. Drafts of laws, resolutions and other legislative acts which are submitted to the Government must be signed by the minister. Drafts of legislative acts submitted by Government institutions, county governors and institutions of local authorities shall be approved by the minister assigned by the Government.
  156. In the cases when a legislative act or other document submitted by the minister, covers the spheres of administration assigned to other ministers as well, the said minister shall co-ordinate it with other ministers before presenting the said document to the Government. Article
  157. Procedure of Settlement of Disagreements Arising from Co-ordination of Draft Legislative Acts
  158. Disagreements arising during the co-ordination of draft legislative acts comprising the spheres of competence of several ministers, shall be considered at the Office of the Prime Minister.
  159. In case of failure to co-ordinate opinions at the Office of the Prime Minister, the Government Chancellor or ministers shall address the Prime Minister. The latter may recommend considering the issue in the Government committee (hereinafter referred to as committees).
  160. Committees shall be chaired by Government members appointed by the Prime Minister.
  161. Representatives of the ministries - ministers or vice-ministers empowered by them, which are interested in drafts of regulatory resolutions under consideration at the Government sitting, and, when necessary, officers shall attend committee meetings.
  162. During a discussion of the draft resolution at the Government meeting, following its consideration at the committee, the chairman of the meeting of this committee shall inform about the conclusions of the agreements or discussions of the ministers (their authorised representatives). Article
  163. Procedure for Drawing up the Agenda of Government Sittings and Consideration of Issues
  164. Drafts of resolutions and other legislative acts of the Government shall be prepared, considered and adopted at Government sittings in the procedure established by the Government procedures manual.
  165. The Government Secretary shall, taking into consideration the conclusions of the Government Chancellor, submit to the Prime Minister proposals concerning the discussion of a draft Government resolution or other legislative act at the Government sitting.
  166. Upon the receipt of the Prime Minister’s approval to put drafts on the agenda, the Government Secretary shall draw up a draft agenda of a Government sitting, name speakers and present it to the Prime Minister.
  167. When the Prime Minister signs the agenda of the sitting, the Government Secretary shall no later than 3 days before the meeting deliver the sitting material to the Government members, speakers and other persons who shall attend the meeting.
  168. The Prime Minister shall have the right during a Government sitting to propose that new issues be included into the agenda. The minister shall also have the right to recommend the Prime Minister to include an issue into the agenda.
  169. A report and Government members’ opinions shall be heard at the Government sitting. At the permission of the chairman of the sitting, other persons participating in the sitting may express their opinion. Article
  170. Resolutions of the Government
  171. Resolutions and decisions of the Government shall be passed at Government sittings by a majority vote of all Government members.
  172. Government resolutions shall be signed by the Prime Minister and the minister of the appropriate sphere of responsibility, irrespective of his vote during the sitting. In the cases when a resolution covers several spheres of responsibility, it shall be signed by the Prime Minister and the minister who submitted the draft.
  173. Government resolutions whereby previously passed resolutions are amended or supplemented shall be signed by the Prime Minister and the minister of that sphere of responsibility, who signed the previous resolution, irrespective of the fact who submitted to the Government a new draft resolution for consideration.
  174. Government resolutions shall be signed within 3 working days of the adoption thereof, unless the Government establishes otherwise.
  175. Government resolutions shall become effective in a manner prescribed by laws. Article
  176. Minutes of the Sittings of the Government Minutes shall be taken at Government sittings. The minutes shall specify the number of a sitting, persons participating at the sitting, the reporter who has submitted the issue for consideration and speakers who expressed their opinion about this issue, as well as the adopted decision. The minutes shall be signed by the Prime Minister. Article
  177. Ordinances and Resolutions of the Prime Minister
  178. Within his competence the Prime Minister shall issue ordinances concerning organisational, personal and other matters or make prompt decisions - instructions documented as resolutions.
  179. Ordinances of the Prime Minister shall become effective on the day of their signing, unless a later date of enforcement is set in the said ordinances. Chapter
  180. THE OFFICE OF THE GOVERNMENT Article
  181. The Office of the Government and the Office of the Prime Minister
  182. The Government has an office (hereinafter referred to as the Office of the Government) which provides services to the Government, the Prime Minister and the Office of the Prime Minister.
  183. The Office of the Prime Minister shall consist of civil servants appointed on the grounds of political or personal confidence, who shall assist The Prime Minister as head of the Government to adopt and implement decisions. The Office of the Prime Minister shall be headed by the Government Chancellor. On the recommendation of the Government Chancellor, the Prime Minister shall approve the organisational composition and the functions of the employees of the Office of the Prime Minister. Salaries of the employees of the Office of the Prime Minister shall be paid and other expenses related to the activities of the said employees shall be financed by the Office of the Government. The Government Chancellor shall sign employment contracts with the employees of the Office.
  184. Upon the instruction of the Prime Minister, the Government Chancellor may appoint and dismiss the civil servants appointed on the grounds of political or personal confidence of the Office of the Prime Minister.
  185. In the Office of the Government career civil servants shall provide conditions for the Government, the Prime Minister and the Office of the Prime Minister to discharge their functions. The Office of the Government shall be headed by the Government Secretary.
  186. Deputies of the Government Secretary, heads of the units of the Office of the Government and the advisers on separate matters shall, upon the approval of the Prime Minister, be appointed and dismissed by the Government Secretary. Heads of the institutions which provide services for the Office of the Government shall, in a manner prescribed by laws, be appointed and dismissed by the Government Secretary.
  187. Employees of the Office of the Prime Minister, heads of the units and advisers of the Office of he Government shall be responsible to the Prime Minister.
  188. Civil servants appointed on the grounds of political or personal confidence of the Office of the Prime Minister shall be directly subordinate to the Government Chancellor. Career civil servants and other employees of the Office of the Government shall be directly subordinate to the Government Secretary.
  189. Upon the instruction of the Government Secretary, the composition of the Office of the Government shall be approved by the Prime Minister. Article
  190. The Government Chancellor and the Government Secretary
  191. The Government Chancellor shall be a political official accountable to the Prime Minister and shall be responsible for the work of civil servants appointed on the grounds of political or personal confidence - employees of the Office of the Prime Minister and heads of the departments under the Government, concerning the implementation of the Government programme, shall assist the Prime Minister to organise the activities of the Office of the Government and ministries as well as other Government institutions, regarding the implementation of the concrete measures to carry out the Government programme, and shall maintain relations with public and political organisations.
  192. The Government Chancellor may, within the scope of his competence, issue instructions - resolutions, except instructions for the Government members.
  193. The Government Secretary shall be the highest career officer of Government institutions who shall be accountable to the Prime Minister. He shall arrange Government sittings, participate in them and ensure that minutes of the sittings would be taken, as well that Government resolutions and ordinances of the Prime Minister would be issued and published and in the "Valstybës þinios"(Official Gazette), shall be responsible for the work done by the Office of the Government, as well as for the activities of services and inspectorates under the Government. The Government Secretary shall organise meetings of ministry under-secretaries.
  194. The Government Secretary may, within the scope of his competence, issue instructions - resolutions for the ministries (ministry under-secretaries) or institutions under the Government.
  195. The Government Secretary shall be a keeper of the Government seal and shall be responsible for the use of the seal. Article
  196. Procedure for Keeping of Government Documents
  197. Laws of the Republic of Lithuania, resolutions of the Seimas, decrees of the President of the Republic, decisions of the Constitutional Court, drafts and originals of resolutions of the Government and ordinances of the Prime Minister, as well as the minutes of Government sittings shall be kept in the Office of the Government.
  198. Translation into foreign languages of resolutions of the Government and ordinances of the Prime Minister and authenticity of the translation shall be ensured in a manner prescribed by the Government. I promulgate this Law passed by the Seimas of the Republic of Lithuania. President of the Republic Algirdas Brazauskas

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