The National Defence and Security Council (“the Council“) of the Republic of the Union of Myanmar held its Meeting No. 3/2025 on 31 July 2025, during which it announced the repeal of the order that had authorised the Council to exercise state power under Section 426 of the Constitution of the Republic of the Union of Myanmar (“the Constitution“).
Following this repeal, under Section 427(a) of the Constitution, the Council is to exercise legislative, executive, and judicial powers. Per Section 427(b), the Council retains the authority to exercise state power and legislate until a new President is elected and Union-level institutions are formed.
Therefore, the Council may directly exercise legislative power and organise executive and judicial powers by establishing appropriate bodies at the Union, State/Region, and Self-Administered Region levels and by appointing suitable individuals to carry out those functions. On the day of the declaration, the Council and the Office of the National Defence and Security Council (“the Office“) issued a series of orders and ordinances to reform the government.
Orders and Ordinances issued by the Council
To date, the Council has issued five orders and two ordinances. Please see the summaries below.
Order No. 1/2025 Revocation of Order on Transfer of State Power
The Council has revoked Presidential Order No. 1/2021, which transferred state power to the Commander-in-Chief of the Defence Services under Sections 417 and 418 of the Constitution. This follows the Commander-in-Chief’s report that the assigned duties have been completed.
Order No. 2/2025 Appointment of Chief and Joint Chief Executives
The Council has appointed U Aung Lin Dwe as Chief Executive and General Ye Win Oo as Joint Chief Executive under Section 427(b) of the Constitution.
Order No. 3/2025 Formation of the Union Government
The Council, by Section 427(b) of the Constitution, has formed the Union Government. Key appointments include U Nyo Saw as Prime Minister and Union Minister at the Prime Minister’s Office and for National Planning, and four Union Ministers assigned to the President’s Office Ministries (1) to (4): U Tin Aung San, U Ko Ko Hlaing, U Maung Maung Tint, and U Tun Ohn.
A total of 24 ministries have been designated. In total, 30 officials have been appointed, including a Director General for the Union Government’s Office. In the original formation of the Union Government, the Ministry of Education was not included, but it was later established under Order No. 5, as described below.
Order No. 4/2025 Formation of State Security and Peace Commission
The Council has formed the State Security and Peace Commission under Section 427 of the Constitution to guide and coordinate national defence, security, peace, and the successful holding of a multiparty democratic general election.
Key members include:
- Senior General Min Aung Hlaing – Chairman
- Vice-Senior General Soe Win – Vice-Chairman
- U Nyo Saw, U Aung Lin Dwe, General Maung Maung Aye, Lt-Gen Tun Tun Naung, U Than Swe, Lt-Gen Yar Pyae, General Kyaw Swa Lin – Members
- General Ye Win Oo – Secretary
Order No. 5/2025 Appointment of New Union Government Member
The Council has appointed Dr Chaw Chaw Sein, Union Minister for Education, as an additional member of the Union Government under Section 427(b) of the Constitution.
Ordinance No. 1/2025 State of Emergency Declaration
To suppress armed terrorist activities and maintain stability, peace, and the rule of law, the Council has declared a state of emergency in 63 townships across Kachin, Kayah, Kayin, Chin, Rakhine, and Shan States, as well as Sagaing, Magway, and Mandalay Regions, under Section 412(a) of the 2008 Constitution.
This order is effective for 90 days starting from today.
Ordinance No. 2/2025 Martial Law Declared in Emergency Areas
To restore administration, peace, and the rule of law in townships under Ordinance 1/2025, Martial Law has been declared under Section 413(b) of the Constitution. Administrative and judicial powers are transferred to the Commander-in-Chief of Defence Services, who may exercise or delegate them.
The order is effective for 90 days from today.
Appointment Orders Issued by the Office
The Office issued 16 Appointment Orders, appointing individuals pursuant to Sections 427(b) and/or 428 of the Constitution and reappointing individuals previously appointed by the State Administration Council (“the SAC“) under Section 419, as follows:
New Assignments and Appointments
| Order No. 3: | Appoints the Chairman and Members of the Union Election Commission. |
| Order No. 4: | Appoints 35 Deputy Ministers across various ministries and offices. |
| Order No. 5: | Appoints a Deputy Minister for Legal Affairs and Deputy Attorney-General. |
| Order No. 6: | Appoints the Union Auditor-General and Deputy Auditor-General. |
| Order No. 7: | Appoints the Chairman and Members of the Union Civil Service Board. |
| Order No. 8: | Appoints the Chairman and Members of the Anti-Corruption Commission. |
| Order No. 9: | Appoints Daw Than Than Swe as Governor and three Deputy Governors of the Central Bank of Myanmar, along with Board Members. |
| Order No. 10: | Appoints members of the Central Advisory Body of the Council, led by U Saw Tun Aung Myint and including 14 other members. |
| Order No. 13: | Assigns duties to Chief Ministers and Ministers of six Region/State Governments. |
| Order No. 16: | Adds District and Township Heads, Planning Department, and Law Officers to existing District/Township bodies for continued operation. |
Reappointments
| Order No. 1: | Reappoints the Chief Justice and Judges of the Supreme Court. |
| Order No. 2: | Reappoints the Chair and Members of the Constitutional Tribunal. |
| Order No. 11: | Reappoints the Chairperson and Members of the Myanmar National Human Rights Commission. |
| Order No. 12: | Continues the functions of the Nay Pyi Taw Council, Regional and State Governments, and Self-Administered Division/Zone Leading Bodies. This includes councils and governments of Nay Pyi Taw, Kachin, Kayah, Kayin, Taninthayi, Magway, Mandalay, Yangon, Shan, and various Self-Administered Zone Leading Bodies. |
| Order No. 14: | Reassigns Region or State Chief Justices, High Court Judges, and Advocates-General. |
| Order No. 15: | Continues the duties of the Nay Pyi Taw Council, Yangon, and Mandalay City Development Committees. |
Martial Law Orders issued by the Office of the Commander-in-Chief of Defence Services
To implement Martial Law, the Office of the Commander-in-Chief of Defence Services has issued the following two Martial Law Orders:
Martial Law Order No. 1/2025
To suppress armed terrorist activities and maintain stability and the rule of law, the Council issued Ordinance No. 1/2025 declaring a state of emergency in specified townships. Under Section 413(b) of the Constitution, administrative and judicial authority in these areas has been transferred to the relevant Military Commanders, who may exercise or delegate this authority as needed based on the situation.
Martial Law Order No. 2/2025
Under Ordinance No. 1/2025 and Martial Law Order No. 1/2025, administrative and judicial military authority in martial law areas is assigned to the respective Commanders. These Commanders may either exercise the authority themselves or delegate it to military region commanders. They are responsible for designating martial law areas and appointing military regional Commanders, subject to the approval of the Commander-in-Chief. Their duties cover security, social, trade, and transport issues.
Criminal cases in these areas are handled by Military Tribunals, whose decisions are final. However, decisions may be reversed or sentences commuted within 15 days by the Commander-in-Chief or relevant commanders. Commanders can also establish advisory bodies and must report on martial law conditions to the Commander-in-Chief.
Appendix (A) of the Ordinance lists crimes under Military Tribunal jurisdiction, including high treason, sedition, sabotage, obstruction of military or government functions, offenses under Penal Code Sections 505 and 505-A, violations of the Unlawful Associations, Weaponry, Narcotics, and Anti-terrorism laws, as well as murder, rape, robbery, banditry, corruption, and offenses against the press, public property, immigration, electronic communications, and local administration laws.
Conclusion
The National Defence and Security Council’s assumption of state power under Section 427(b) of the Constitution marks a major shift in Myanmar’s governance. On the day of the declaration, the Council issued several orders and ordinances covering appointments, institutional changes, and expanded martial law which indicates a move to consolidate control and ensure continuity. These changes should be closely monitored by stakeholders engaged in or with Myanmar.
The information provided here is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.
