THE REPUBLIC OF LITHUANIA

LAW

ON THE GOVERNMENT

 

19 May 1994  No I-464

Vilnius

 

(As last amended on 25 June 2015 – No XII-1862)

 

CHAPTER ONE

GENERAL PROVISIONS

 

Article 1. 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 2. Powers of the Government

1. The Government shall exercise executive power in Lithuania.

2. The powers of the Government shall be defined by the Constitution and laws of the Republic of Lithuania.

 

Article 3. Legal Basis of the Activities of the Government

The Government shall act in compliance with the Constitution of the Republic of Lithuania, international agreements, laws, the Programme of the Government, other legal acts of the Republic of Lithuania, and shall co-ordinate its activities with the Strategy for National Development.

 

Article 4. Basic Principles of the Activities of the Government

The Government shall ground its activities on the principles of collegiality, democracy, lawfulness and openness.

 

Article 5. Responsibility and Accountability of the Government

1. The Government shall be jointly and severally responsible to the Seimas for the general activities of the Government. The Government shall at least once a year present to the Seimas its annual report on activities.

2. At the request of the Seimas the Government or individual ministers shall, in the manner prescribed by the Seimas Statute, account to the Seimas for their activities.

3. The ministers, in directing the spheres of administration entrusted to them, shall be accountable to the Seimas, the President of the Republic, and shall be directly subordinate to the Prime Minister.

4. The ministers shall, in the manner prescribed by the Government, inform the public about their activities in the web page of an appropriate ministry and if possible – in other media or at meetings with people.

 

Chapter two

FORMATION OF THE GOVERNMENT

 

Article 6. Procedure of the Formation of the Government and the Programme of the Government

1. The Prime Minister shall, with the approval of the Seimas, be appointed and dismissed by the President of the Republic.

2. The Prime Minister shall, within 15 days of his appointment, present to the Seimas the Government which he himself 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 regulation of the Seimas, the Prime Minister shall present a new programme for consideration within 15 days from the date on the disapproval. The ministries and other state institutions must furnish to the appointed ministers the material which is necessary for the preparation of a programme of the Government, and contribute to the preparation of the said programme.

3. The Government shall be empowered to act after the Seimas approves its programme by a majority vote of the Seimas members participating at the sitting.

4. When the Seimas approves the programme of the Government, the Government must within 3 months approve priority measures for the implementation of the provisions of the said programme.

 

Article 7. Swearing-in of the Prime Minister and Ministers

1. When assuming office, the Prime Minister and ministers shall swear an oath. The text of the oath shall read as follows:

1) "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!" or

2) "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."

2. Repealed.

3. The Prime Minister and ministers shall swear an oath at the Seimas sitting. The President of the Republic shall be invited to attend this sitting. The oath shall be administered by the Seimas Chairman or, in his absence, by the Deputy Seimas Chairman acting for the Seimas Chairman.

4. The Prime Minister and each minister shall swear an oath while standing in front of the Seimas Chairman or Deputy Seimas Chairman and reading the oath while holding his hand on the Constitution of the Republic of Lithuania. After having sworn an oath, the Prime Minister or the minister shall sign the nominal oath sheet.

5. The set text of the oath shall not be amended and changed. Non-compliance with this provision, refusal to swear an oath or to sign a nominal oath sheet, or signing the sheet with a stipulation shall mean that the Prime Minister or a minister has not sworn the oath and may not hold his office.

6. Nominal oath sheets shall be handed over to the Seimas Chairman and shall be kept in the Office of the Seimas.

 

Chapter three

RETURN OF THE POWERS OF THE

GOVERNMENT AND ITS RESIGNATION

 

Article 8. Return of the Powers of the Government

1. The Government shall return its powers after election of the President of the Republic.

2. After the Seimas elections the Government shall return its powers to the President of the Republic on the day the newly-elected Seimas convenes its first sitting.

3. After the presidential elections the Government shall return its powers to the President of the Republic on the day he assumes his official duties.

4. When more than half of the ministers are changed, the Seimas must newly empower the Government.

5. The powers of the Government shall be considered to have been returned when the Prime Minister or a member of the Government deputising for the Prime Minister hands in a written application to the President of the Republic.

6. The President of the Republic shall accept the powers returned 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 return 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.

7. When the Government returns the powers on the grounds specified 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 returned its powers. When the Seimas approves of the candidature of the Prime Minister and the President of the Republic appoints the Prime Minister, if not more than half of the ministers who worked before the return 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 9. Resignation of the Government

The Government must resign in the following cases:

1) when the Seimas disapproves two times in succession of the programme of the newly formed Government;

2) when the majority of all the Members of the Seimas by secret ballot pass a motion of no confidence in the Government or in the Prime Minister;

3) when the Prime Minister resigns or dies;

4) after the Seimas elections, when a new Government is formed;

5) when more than half of the ministers are replaced or after the election of President of the Republic the Seimas does not confer powers on the Government anew.

2. After announcing a written notification about the resignation of the Government at a Government sitting, the Prime Minister shall submit it to the President of the Republic.

3. If the Prime Minister dies, the President of the Republic shall be notified of the resignation of the Government by a minister deputising for the Prime Minister; in the event there is no deputising minister – by the eldest minister. A notification of the resignation of the Government must be announced at a Government sitting.

4. If necessary an extraordinary sitting of the Government shall be convened for the announcement of a notification of the resignation of the Government.

5. The President of the Republic must be notified of the resignation of the Government on the day when one of the circumstances referred to in paragraph 1 of this Article occurs.

6. The Government may resign upon the proposal of the Prime Minister by adopting a regulation which the Prime Minister shall submit to the President of the Republic on the same day.

7. The President of the Republic shall accept resignation of the Government. The Government shall be considered to have resigned from the day of the entry into force of the decree of the President of the Republic. When necessary the President of the Republic shall charge it to continue performing its duties. He may charge one of the ministers to act for the Prime Minister until a new Government is formed.

 

Article 10. Appointment, Dismissal and Resignation of a Minister

1. On the nomination by the Prime Minister the President of the Republic shall appoint and dismiss individual ministers. When deputising for the President of the Republic the Seimas Chairman may not appoint or dismiss ministers without the Seimas consent.

2. The minister shall have the right to resign. The minister shall notify the Prime Minister in writing of his resignation. The Prime Minister shall within 5 working days present such resignation of the minister to the President of the Republic. Until the presentation of the resignation to the President of the Republic, the minister shall, on the proposal of the Prime Minister, have the right to revoke his resignation.

3. 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 Prime Minister of this fact in writing on the same or the next day, and the Prime Minister shall present the resignation of the minister to the President of the Republic on the same day or if this is not possible - not later than on 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.

4. The President of the Republic shall accept the resignation of the minister. The minister shall be considered to have resigned from the day of the entry into force of the decree of the President of the Republic. The President of the Republic may charge the minister to continue in office until a new minister is appointed on the nomination of the Prime Minister.

 

Article 11. Submitting an Interpellation to the Prime Minister or a Minister or Submitting a Draft Regulation concerning Non-Confidence in the Government

1. 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 regulation concerning non-confidence in the Government.

2. Upon considering the reply of the Prime Minister or the minister to the interpellation, or the reply of the Government to the draft regulation 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 the minister, or the Government; said voting shall be done by secret ballot.

3. Upon the declaration of non-confidence in the Prime Minister or the minister, or the Government, they must resign on the same day.

4. 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 appointed and sworn in. In this case, the Prime Minister shall not later than within 15 days present to the President of the Republic a new candidate for minister.

 

Chapter four

GUARANTEES AND RESTRICTIONS FOR THE GOVERNMENT MEMBERS

 

Article 12. 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 13. Other Guarantees of the Government Members

1. The amount of remuneration of work of the Government members shall be fixed by the Law of the Republic of Lithuania on Remuneration of State Politicians and State Officials.

2. The Office of the Government shall calculate and pay salaries to the Prime Minister and the ministries shall calculate and pay salaries to the ministers. The members of the Government shall be insured with state social insurance in accordance with the procedure established by the Law on State Social Insurance.

3. By the decision of the Government the fund of the Prime Minister may be set up to finance expenses related to the representation of the Government in Lithuania and abroad; each month the sum in the amount of up to one average monthly earnings in the national economy, as most recently published by the Lithuanian Department of Statistics, shall be allocated to the said fund without exceeding general funds for the representational purposes provided for the Office of the Goverment in the state budget of the Republic of Lithuania. The Government shall set concrete amounts and the procedure for using these funds.

4. By the decision of the Government funds of individual ministers may be set up without exceeding general funds for the representational purposes allotted to the appropriate Ministry. The Government shall establish a procedure for using the said funds.

5. The Prime Minister may have a residence which is maintained from the funds provided for the Office of the Government in the state budget.

6. Upon expiration of the term of office of a Government member in the case referred to in point 4 of paragraph 1 of Article 9 of this Law, he shall be paid the compensation equal to two average monthly salaries of the Government member, and upon expiration of the term of office of a Government member in the cases referred to in points 1, 2, 3 and 5 of paragraph 1 of Article 9 of this Law - to one average monthly salary.

7. The compensations provided for in paragraph 6 of this Article shall not be paid to the Government members when they are appointed Prime Minister or ministers in a newly-formed Government, as well as when they are elected Seimas members.

8. Funds for the guarantees provided for in this Article shall be appropriated from the state budget.

9. The Government members shall be entitled to the minimum annual leave of 28 calendar days. In compliance with the provisions of the Labour Code, the Government members may be granted the following special-purpose leave: maternity leave, paternity leave, educational leave, leave for performance of official or public duties, unpaid leave.

10. A Government member who is declared, in accordance with the procedure laid down by the law, a candidate to the office of President of the Republic, a candidate for Seimas member, a candidate for a member of the European Parliament or a candidate for councillor, shall have the right to be relieved from work or the official duties during the election campaign, but for not longer than 10 days. A written request to be relieved from the official duties shall be submitted to the person who has the right to grant leave. Such Government member shall not be relieved from the official duties, or, if relieved, shall be recalled, if it will not be possible to ensure at a Government sitting the majority of the Government members necessary to take a decision. The salary or other payments shall not be paid to the Government member for the period during which the Government member is relieved from the official duties.

11. The Government members may have only those guarantees, which are defined by legal acts.

 

Article 14. Prohibition for the Prime Minister and Ministers to Hold Elective or Appointive Office and to Engage in any other Labour Activities

The Prime Minister and ministers 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 establishments or enterprises, and may not receive any remuneration other than the salary established for their respective Government offices and payments for creative activities.

 

Chapter five

SPECIAL RELATIONS OF THE GOVERNMENT WITH

THE SEIMAS AND THE PRESIDENT OF THE REPUBLIC

 

Article 15. The Right of the Government to Present a Proposal for Early Elections to the Seimas

The Government shall have the right to present to the President of the Republic a proposal to announce early elections to the Seimas, if the Seimas expresses direct non-confidence in the Government.

 

Article 16. The Right of the Government to Announce Presidential Elections

1. If in the cases specified in paragraph 1 of Article 89 of the Constitution of the Republic of Lithuania the Seimas cannot within 10 days convene and announce presidential elections, the said elections shall be announced by the Government by passing a regulation.

2. The Central Electoral Committee shall be instructed to implement this Government regulation.

 

Article 17. 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 attend sittings of the Seimas, its Committees, Commissions and parliamentary groups, and to convey their opinion on the issues under consideration.

 

Article 18. Procedure for Replying by the Government Members to Inquiries of the Seimas Members

1. The Prime Minister or the minister to whom an inquiry about the activities of the Government, Ministries or other government agencies is addressed by a Seimas member during a Seimas session, must reply orally or in writing in the procedure established by the Seimas Statute.

2. 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.

3. On the invitation of the Seimas Committee, Commission or parliamentary group, ministers or a public servant authorised by a minister must, in a manner prescribed by the Seimas Statute, attend a sitting of the Committee, Commission or parliamentary group, and provide explanations on the issues under consideration.

 

Article 19. 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 20. The Right of Legislative Initiative of the Government

1. The Government shall have the right of legislative initiative in the Seimas.

2. The Government shall enact a resolution with relation to draft laws or draft Seimas resolutions which are being submitted to the Seimas. When debating the said drafts in the Seimas, the Government shall be represented by the Prime Minister, the minister authorised by the Government, or the Vice-Minister authorised by the Government, if the minister is unable to represent the Government in the Seimas.

 

Article 21. Voting on Confidence in the Government

The Government shall be entitled to submit a proposal to the Seimas regarding the voting on confidence in the Government.

 

Chapter six

COMPETENCE OF THE GOVERNMENT

 

Article 22. Basic Powers of the Government

The Government shall:

1) safeguard 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 on the implementation of the laws, decrees of the President of the Republic, approve conceptions of regulations, prepare a Strategy for National Development and submit it to the Seimas for approval;

3) implement the programme of the Government, approve its annual operational priorities and intended results in the spheres of administration entrusted to the ministers, co-ordinate the activities of the Ministries and government agencies;

4) prepare a draft law on the approval of financial indices of the state budget and municipal budgets; organise the implementation of the state budget, submit to the Seimas a financial statement on the implementation of the state budget; submit to the Seimas draft laws on the approval of budget indices of the State Social Insurance Fund and the Compulsory Health Insurance Fund, as well as reports on implementation of the State Social Insurance Fund budget and the Compulsory Health Insurance Fund;

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 legal acts and submit them to the Seimas for consideration;

7) submit proposals to the Seimas to establish and abolish ministries;

8) establish, reorganise, restructure and abolish government agencies, found agencies under the Ministries and charge the Ministries to implement the rights and duties of owners of agencies under the Ministries (except the adoption of decisions on the reorganization and abolishing of such agencies);

9) approve regulations of the Ministries, the Office of the Government, government agencies, agencies under the Ministries, the service of the representative of the Government, the structure of the administration of government agencies or charge the head of a government agency with the approval of the said structure; the Government may charge a minister of an appropriate sphere of administration minister to approve the regulations of agencies under the Ministries and the structure of their administration;

Version of point 9 valid from 1 January 2016:

9) approve regulations of the Ministries, the Office of the Government, government agencies, agencies under the Ministries, the service of the representative of the Government, the structure of the administration of government agencies or charge the head of a government agency with the approval of the said structure; the Government may charge a minister of an appropriate sphere of administration minister to approve the regulations of agencies under the ministry as well as the structure of their administration, unless other laws lay down another procedure for the approval thereof;

10) together with the President of the Republic carry out foreign policy; found diplomatic relations and maintain relations with foreign countries and international organisations; taking into account recommendations of the Seimas Committee on Foreign Affairs, 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 the 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 the 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 legal acts passed by the Seimas with the Constitution of the Republic of Lithuania;

14) appoint and dismiss representatives of the Government, the Commissioner of the Government and his deputy, heads of government agencies, other civil servants and officials defined by the law; on the recommendation of the minister of an appropriate sphere of administration impose disciplinary sanctions on the civil servants and officials employed by the Government, give incentives to them;

15) set up commissions and committees of the Government; and

16) discharge other duties prescribed to the Government by the Constitution of the Republic of Lithuania, this and other laws.

 

Article 23. Relations of the Government with Local Authorities

The Government shall:

1) coordinate activities of the representatives of the Government and supervise how they discharge the powers conferred on them by the law; and

2) submit recommendations to local authorities concerning the issues of the development of social security, health, education and culture, as well as other issues.

 

Chapter seven

COMPETENCE OF THE PRIME MINISTER AND MINISTERS

 

Article 24. The Prime Minister

1. The Prime Minister shall represent the Government and direct its activities.

2. The Prime Minister shall:

1) form the Government and submit to the President of the Republic its composition for approval;

2) submit proposals to the President of the Republic on the appointment and dismissal of individual ministers;

3) in the manner prescribed by the Law on Civil Service recruit and dismiss civil servants of political (personal) confidence of the Prime Minister, other civil servants and officials defined by the law; he may charge the Chancellor of the Government to recruit and dismiss civil servants of political (personal) confidence of the Prime Minister, approve their job descriptions;

4) impose disciplinary penalties on civil servants and officials recruited by the Prime Minister, give incentives to civil servants and officials recruited by the Prime Minister, grant allowances to them, grant them leave and assign them to business trips, unless otherwise provided for by the law; he may charge the Chancellor of the Government to give incentives to civil servants of political (personal) confidence of the Prime Minister, to impose disciplinary penalties on and to grant allowances to them, to grant them leave and to assign them to business trips;

5) repealed

6) in the cases laid down in the Constitution of the Republic of Lithuania, submit to the President of the Republic proposals to charge one of the ministers to deputise for the Prime Minister;

7) submit a programme of the Government to the Seimas for consideration;

8) repealed;

9) convene Government sittings and preside over them (chair them), approve the agenda of a Government sitting;

10) give authority to negotiate and sign international agreements of the Republic of Lithuania;

11) form government delegations for official visits to other countries, as well as for the participation in international congresses, conferences, sessions or other international events;

12) give authority to represent the Government in the Constitutional Court and other courts;

13) solve issues pertaining to the organisation of Government activities;

14) perform other duties prescribed to the Prime Minister by the Constitution of the Republic of Lithuania, this and other laws.  

3. 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 25. Powers of the Minister who Acts or Deputises for the Prime Minister

1. The minister who acts for the Prime Minister shall be entitled to the same powers as the Prime Minister.

2. 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 paragraphs 2 and 6 of Article 9 and points 1-4 and 10 of paragraph 2 of Article 24 of this Law.

3. The minister who acts 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 26. The Ministers

1. The ministers shall be responsible for the spheres of administration entrusted to them; the said spheres shall be designated by this Law and other laws.

2. Only another member of the Government, appointed by the Prime Minister, may temporarily act for a certain minister. The acting minister shall not discharge the functions referred to in points 6, 9, 13, 14, 15, 16 and 17 of paragraph 3 of this Article.

3. The minister:

1) shall head the respective Ministry, settle the matters which fall within the jurisdiction of the Ministry, and be directly responsible for the implementation of the programme of the Government and Government’s annual operational priorities and intended results in the spheres of administration entrusted to him;

2) shall ensure the enforcement of laws, international agreements of the Republic of Lithuania, decrees of the President of the Republic, resolutions of the Government, decisions of the Government, ordinances of the Prime Minister and other legal acts;

3) shall submit to the Government drafts of laws and other legal acts in the manner prescribed by the Government rules of procedure;

4) shall ensure the enforcement of instructions of the Government and the Prime Minister;

5) shall issue and sign orders, supervise the enforcement thereof; when necessary, several ministers may issue joint orders;

6) shall, pursuant to the Methodology of Strategic Planning approved by the Government, prepare and, after consultation with the Prime Minister, approve strategic action plans (a strategic action plan) of the spheres of administration assigned to the minister, as well as shall approve annual action plans of the Ministry, agencies under the Ministry and other subordinate budgetary institutions and may instruct their heads to approve annual action plans of budgetary institutions subordinate to them;

7) shall, in accordance with the procedure laid down by the Government, submit to the Government annual reports on the Ministry's activity; shall, at the request of the Prime Minister, account for his activities;

8) shall submit to the Government draft regulations of agencies under the Ministry. When charged by the Government, approve regulations and administrative structure of the agencies under the Ministry;

9) shall approve the structure of the Ministry administration and the roll of civil servants and employees working under the employment contract and receiving salaries from the state budget and state monetary funds, without exceeding the funds appropriated for salaries and the highest permitted number of positions, approved by the Government, of civil servants and employees working under the employment contract and receiving salaries from the state budget and state monetary funds;

10) shall approve the regulations of the units of the Ministry administration and job descriptions of civil servants and employees working under the employment contract and receiving salaries from the state budget and state monetary funds;

11) shall co-ordinate and control activities of the units of the Ministry;

12) shall co-ordinate and control activities of the agencies under the Ministry, unless he delegates the said functions to the vice-ministers and the chancellor of the Ministry and unless otherwise provided for by the law;

13) shall, in the manner prescribed by the law recruit and dismiss civil servants and employees of the Ministry working under the employment contract and receiving salaries from the state budget and state monetary funds, give incentives to them, impose disciplinary penalties on and grant allowances to them, or may delegate the performance of these functions to the chancellor of the Ministry;

14) shall, in the manner prescribed by the law recruit and dismiss the heads of the agencies under the Ministry, give incentives to them, impose disciplinary penalties on and grant allowances to them, unless otherwise provided for by the law;

15) shall propose to the Government to recruit and dismiss from it heads of the government agencies functioning in the spheres of administration assigned to him as well as other officials of such agencies to be recruited by the Government, grant leave to these officials, send them on business trips, grant allowances; shall make proposals to the Government for the imposition of disciplinary measures and giving incentives to civil servants and officials to be recruited by the Government who act in the spheres of administration assigned to him. If the activity of a government agency is related to the spheres of administration assigned to several ministers, the said powers shall be exercised by the minister of an appropriate sphere of administration, who is appointed by the Government.

16) shall define the fields of activities of the vice-ministers, the spheres of administration of the chancellor of the Ministry;

17) shall approve the highest permitted number of positions of civil servants and employees working under the employment contract and receiving salaries from the state budget and state monetary funds in separate agencies under the Ministry  and other institutions and agencies assigned to the spheres of minister’s administration, without exceeding the highest permitted number of positions of civil servants and employees working under the employment contract and receiving salaries from the state budget and state monetary funds in agencies under the Ministry  and other institutions and agencies assigned to the spheres of minister’s administration;

18) shall discharge other functions prescribed to him by laws and Government resolutions.

4. The minister who has a separate opinion concerning the Government resolutions or the work of its individual members should express it at a Government sitting.

 

Article 27. Government Committees and Government Commissions

1. The Government may set up Government committees and Government commissions.

2. Government committees shall be advisory institutions of the Government. Their purpose shall be to submit proposals to the Government regarding the selection of priorities of its activities, policy and strategy in a certain sphere and their conformity to the State Progress Strategy, when necessary, coordinate the positions of the ministers while solving State management matters and carry out other tasks and functions set by the Government.  

3. Government committees shall be set up from the Government members, the Chancellor of the Government or the First Deputy Chancellor of the Government. When setting up Government committees the Government shall set their tasks, functions, composition, appoint chairman. The procedure of work of Government committees shall be laid down by the Government rules of procedure.

4. Government commissions shall be set up to carry out the tasks assigned by the Government.

5. Government commissions may be set up from representatives of state and municipal institutions and establishments, associations, institutions of science and studies, independent experts and, when necessary, other persons. Representatives of municipal institutions and establishments shall be delegated to Government commissions by municipal councils, Seimas members – by the Speaker of the Seimas or the Board of the Seimas, and the employees of the Office of the Seimas – by the Secretary General of the Seimas. When setting up Government commissions, the Government shall set their tasks, personal composition. The Government may delegate the approval of the personal composition of a Government commission to the Prime Minister, a minister, the Chancellor of the Government or a head of a government agency. The procedure for organising work of Government commissions shall be laid down by the rules of procedure of the Government.

 

Article 28. Working Groups Formed by the Prime Minister

1. The Prime Minister may form working groups to carry out the tasks assigned by him. These working groups may be formed from representatives of state and municipal institutions and establishments, associations, institutions of science and studies, independent experts, other persons when necessary. Representatives of municipal institutions and establishments shall be delegated to working groups of the Prime Minister by municipal councils, Seimas members – by the Speaker of the Seimas or the Board of the Seimas, and the employees of the Office of the Seimas – by the Secretary General of the Seimas.

2. A working group shall be headed by the person appointed by the Prime Minister.

3. The concrete tasks of a working group shall be laid down by the Prime Minister. The procedure for organising work of working groups formed by the Prime Minister shall be laid down by the rules of procedure of the Government.

4. When necessary, the Government shall resolve an issue of the allocation of funds for the activities of a working group.

 

CHAPTER EIGHT

THE MINISTRIES, GOVERNMENT AGENCIES

AND AGENCIES UNDER THE MINISTRIES

 

Article 281. Application of other Laws to the Establishment, Reorganization, Restructuring and Abolition of Ministries, Government Agencies, Agencies under the Government

The Law of the Republic of Lithuania on Budgetary Institutions shall apply to the establishment, reorganization, restructuring and abolition of Ministries, government agencies, agencies under the Ministries in so far as this is not regulated by this Law.  

 

Article 29. The Ministries

1. A Ministry shall be established in order to shape public policy, to organize, coordinate and control its implementation in the spheres of administration assigned to the minister. The functions of the public policy implementation may be assigned to the Ministry only in the cases laid down by the law and for a set period of time.

2. In the Republic of Lithuania the Ministries shall be as follows:

1) Ministry of Environment;

2) Ministry of Energy;

3) Ministry of Finance;

4) Ministry of National Defence;

5) Ministry of Culture;

6) Ministry of Social Security and Labour;

7) Ministry of Transport and Communications;

8) Ministry of Health;

9) Ministry of Education and Science;

10) Ministry of Justice;

11) Ministry of Economy;

12) Ministry of Foreign Affairs;

13) Ministry of the Interior; and

14) Ministry of Agriculture.

3. Upon the proposal of the Government the Ministries shall be established and abolished by the Seimas by passing a law.

4. The Ministry shall be headed by the minister.

5. The Ministry shall be a public legal person which has a bank account and a seal with the State Emblem and its own name.

6. The Ministry shall act in compliance with the Constitution, laws of the Republic of Lithuania, international agreements of the Republic of Lithuania, Government resolutions, other legal acts.

7. The Ministry shall be an institution financed from the state budget.

8. The Government shall approve the regulations of the Ministry.

9. The Ministry shall have its own administration. The chancellor of the Ministry shall head the administration.

10. Activities of the Ministry shall be organised pursuant to strategic and annual action plans as well as other planning documents approved by the Minister. Strategic and annual action plans of the Ministries shall be announced on the websites of the Ministries.

11. The laws regulating the activity of the national defence system may provide for the specific features of the management structure of the Ministry of National Defence.

 

Article 291. Government Agencies

1. A government agency shall be established to participate in the shaping of a policy in the spheres of administration assigned to the minister and to implement such policy.

2. A government agency shall be a public legal person having its bank account and a seal bearing the State Emblem and the name of the agency.

3. A government agency shall be a budgetary institution maintained from the state budget and other state monetary funds for whom appropriations shall be allocated and administered in accordance with the procedure laid down by the Law on the Budget Structure.

4. A Government agency shall function in accordance with the regulations approved by the Government.

5. A special law regulating activities of a government agency may grant special rights to the government agency where such rights shall guarantee the independence of the performance of the assigned functions.

6. A government agency whose activities are related to the spheres of administration assigned to several ministers may, on the decision of the Government, have a college. The procedure for establishing the aforementioned college and its competence shall be laid down by the Government.

7. A government agency shall be function pursuant to a strategic action plan and an annual action plan approved in accordance with the procedure laid down by the Government. A strategic action plan of the government agency shall be approved by the minister of an appropriate sphere of administration or the ministers of appropriate spheres of administration by the joint order and an annual action plan shall be approved by the head of the government agency after consultation with the minister of an appropriate sphere of administration or the ministers of appropriate spheres of administration.

8. A government agency shall be directed by its head – a state official. The head of the government agency shall, on the recommendation of the minister of an appropriate sphere of administration appointed by the Government, be recruited for a period of four years and dismissed by the Government, unless otherwise provided for by the law. A person who is recruited as the head of the government agency must meet general requirements posed to a person recruited as a civil servant as well as special requirements which may be laid down by a law regulating activities of the Government. The head of the government agency may be recruited to the said position not more than two consecutive terms of office. Unless otherwise provided for by the law, the head of the government agency shall be answerable to the Government and the minister of an appropriate sphere of administration and accountable to the Government and the ministers whose spheres of administration, assigned to them, are related to activities of the government agency.

9. The head of the government agency shall be dismissed:

11) at his own will;

2) when he loses the citizenship of the Republic of Lithuania;

3) at the end of the term of office;

4) upon his appointment or election to another position;

5) when a court sentence imposing a penalty upon him for committing a serious or grave crime or a criminal act against the civil service and public interest, or a criminal act of corruptive nature, or a criminal act against property, property rights and property interests, economy and business order or financial system, or a penalty barring him from performing his duties comes into effect;

6) when he grossly violates his duties;

7) when the Government does not approve of his activity report.

10. The head of a government agency who because of his temporary incapacity for work does not work longer than 120 calendar days in succession or longer than 140 days during the last twelve months may be dismissed from work. The said periods do not include the time during which the head of the government agency received sickness social insurance benefits for the nursing of ill family members as well as sickness benefits for persons suspended from work because of outbreaks or epidemics of communicable diseases.

11. The head of a government agency shall, in the manner prescribed by the Government, account for activities of the agency, shall account for his own activities at the request of the Government or the minister responsible for the assigned sphere of administration.

12. Recruitment and dismissal of officials to be recruited by the Government (with the exception of the heads of these government agencies) shall be defined by laws regulating their activities.

13. Heads of government agencies and other officials of government agencies shall be paid salaries in compliance with the Law of the Republic of Lithuania on Remuneration of State Politicians and State Officials. The provisions of the Law on Civil Service regulating the activities incompatible with the civil servant’s duties, material liability and annual leave shall apply to heads of government agencies and officials of government agencies. Their other employment (service) relations and social guarantees shall be defined by the Labour Code and other laws.

 

Article 30. Agencies under the Ministry

1. An agency under the Ministry shall be established to implement public policy in the spheres of administration assigned to the minister as well as to attend to the shaping and implementation of such policy. In the cases provided for by the law, an agency under the Ministry may be assigned to perform the functions of participation in the shaping of public policy in the sphere assigned to the minister.

2. An agency under the Ministry shall be a budgetary institution maintained from the state budget and other state monetary funds for whom appropriations shall be allocated and administered in accordance with the procedure laid down by the Law on the Budget Structure.

3. An agency under the Ministry shall function in compliance with the regulations approved by the Government. The Government may delegate the approval of the regulations of the agency under the Ministry to the minister of an appropriate sphere.

4. An agency under the Ministry shall function pursuant to an annual action plan prepared in the manner prescribed by the Government and approved by the minister of an appropriate sphere of administration.

5. The head of an agency under the Ministry shall be, in accordance with the procedure laid down by the Law on Civil Service (not on the basis of political (personal) confidence), recruited for the four-year term of office and dismissed by the minister of an appropriate sphere. The head of an agency under the Ministry may be recruited as the head of the same agency not longer than two successive terms of office. The head of an agency under the Ministry shall be directly subordinate and accountable to the minister of an appropriate sphere of administration. Laws may define yet another recruitment of heads of agencies under the Ministries, the length of the term of office, subordination and accountability.

 

Article 31. Civil Servants of Political (Personal) Confidence and Public Consultants of the Minister

1. Civil servants of political (personal) confidence of the minister – the vice-ministers, adviser(-s) to the minister, minister’s spokesman for the press and other civil servants of political (personal) confidence of the minister – shall assist the minister in laying down political provisions and priorities, making decisions and implementing them.

2. The number of the vice-ministers shall be set by the Government on the advice of the minister. Not more than four vice-ministers may work in the Ministry.

3. In the defined fields of activities, the vice-ministers shall:

1) organize and control the enforcement of the assignments of the Prime Minister, the Government and the minister;