Portal
Type: Law
Responsible Agency: Ministry of Science and Technology
Issuing Date: 2014-07-18
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Contents
Article 1 (Amended) Objectives
Article 3 (Amended) Definitions
Article 4 (Amended) Policies on Standardization
Article 5 (Amended) Basic Principles for Standardization Activities
Article 7 International Cooperation
Article 8 (Amended) Categories of Standards
Article 9 Lao National Standards for Products and Goods
Article 10 Content of Lao National Standards for Products and Goods
Article 11 Lao National Standards for Services
Article 12 Content of Lao National Standards for Services
Article 13 (Amended) Lao National Standards for the Environment
Article 14 Content of Lao National Standards for the Environment
Article 15 Use of Technical Terms
Chapter III:Standards, Technical Regulations and Code of Practice
Section 1:Lao National Standards
Article 16 (Amended) Lao National Standards
Article 17 Principles for Formulating Lao National Standards
Article 18 Formulation of Lao National Standards
Article 20 (New) Procedures for the Formulation of Lao National Standards
Article 21 (Amended) Effectiveness of Lao National Standards
Article 22 Application of Standards
Article 23 (New) Enforcement, Revocation of Lao National Standards
Section 2:Technical Regulations
Article 24 Technical Regulations
Article 25 Content Technical Regulations
Article 27 (New) Formulation of Approval and Publication of Technical Regulations
Article 28 Principles for Formulating Technical Regulations
Article 29 (New) Formulation of Technical Regulations
Article 30 (Amended) Promulgation of Technical Regulations
Article 31 (Amended) Effectiveness of Technical Regulations
Article 33 (New) Codes of Practice
Article 34 (New) Contents of Codes of Practice
Article 35 (New) Principles on the Formulation of Codes of Practice
Article 36 (New) Formulation, Approval, Promulgation, Application, Publications of Codes of Practice
Chapter IV:Organizations Responsible for Formulating Lao National Standards
Article 37 Organizations Responsible for Formulating Lao National Standards
Article 38 (Amended) Establishment and Role of the National Standards Council
Article 39 (Amended) Rights and Duties of the National Standards Council
Article 40 Organizational Structure of the National Standards Council
Article 41 (Amended) Chairman, Vice-Chairman and Members of National Standards Council
Article 42 (Amended) The National Technical Committee
Article 43 (Amended) Rights and Duties of the National Technical Committee
Article 44 (Amended) Appoint of Representatives
Chapter V:Compliance with Standards, Technical Regulations and Compliance Assessment
Section 1:Conformity to Standards and Technical Regulations
Article 45 Compliance with Standards and Technical Regulations
Article 46 Principles for Compliance Assessment
Article 47 Compliance Assessment Organizations
Article 48 Forms of Compliance Assessment
Article 49 Self-Compliance Assessment
Article 50 Voluntary Compliance Assessment
Article 51 Compulsory Compliance Assessment
Section 2:Compliance Assessment
Article 52 (New) Compliance Assessment
Article 53 (New) Regulations Governing Compliance Assessment Procedures
Article 54 (New) Determination of Compliance Assessment Procedures
Article 55 (Amended) Objections to Compliance Assessment
Chapter VI:Management and Testing Systems
Article 56 Categories of Management Systems
Article 57 Food Safety Management Systems
Article 58 Quality Management Systems
Article 59 Environmental Management Systems
Article 60 Other Management Systems
Article 62 Collection of Samples
Article 64 Evaluation of Test Results
Chapter VII:Accreditation and Certification
Article 66 (New) Lao National Accreditation Bureau
Article 67 (New) Rights and Duties of the Lao National Accreditation Bureau
Article 68 Testing Centers, Laboratories
Article 69 (New) Certification Organizations
Article 70 (New) Certification
Article 71 Categories of Certification
Article 72 Product Certification
Article 73 (Amended) Product Certification Marks
Article 74 (Amended) Application for Product Certification Marks
Article 75 (Amended) Use of Product Certification Mark
Article 76 (Amended) Mandatory Product Certification mark
Article 78 Certification of Management Systems
Article 79 Management Systems Certification Procedures
Article 80 (Amended) Management Systems Certification Sector Authorities
Article 81 (Amended) Applications for Management Systems Certification
Article 82 (Amended) Management Systems Certification Marks
Article 83 Categories of Management Systems Certification Marks
Article 84 (Amended) Promulgation of Management Systems Certification Marks
Article 85 Use of Systems Management Certification Licenses
Article 86 (Amended) Affixing Management System Certification Marks
Section 3:Suspension, Withdrawal or Revocation of Certificates
Article 87 (Amended) Suspension, Withdrawal or Revocation of Certificates
Article 88 Conditions for Suspension of Certificates
Article 89 Conditions for Withdrawal or Revocation of Certificates
Article 90 (Amended) Objection to Suspension, Withdrawal or Revocation of Certificates
Chapter VIII:Rights and Obligations of Suppliers and Consumers
Section 1:Rights and Obligations of Suppliers
Article 91 (Amended) Rights of Suppliers
Article 92 Obligations of Suppliers
Section 2:Rights and Obligations of Consumers
Article 93 Rights of Consumers
Article 94 Obligations of Consumers
Article 95 (Amended) Prohibitions on Suppliers
Article 96 Prohibitions on Consumers
Article 97 Prohibitions on Officials Responsible for Standardization Activities
Article 98 Restrictions on Other Individuals, Legal Entities and Organizations
Article 99 Principles of Dispute Resolution
Article 100 (New) Forms of Dispute Resolution
Article 101 Compromise and Mediation
Article 102 Administrative Resolution
Article 103 Resolution by the Economic Dispute Resolution Organization
Article 104 Resolution by Decision of the People’s Court
Article 105 (New) Dispute Resolution of an International Nature
Chapter XI:Management and Inspection of Standardization Activities
Section 1:Management of Standardization Activities
Article 106 (Amended) Standardization Activities Management Organizations
Article 107 (Amended) Rights and Duties of the Ministry of Science and Technology
Article 108 (Amended) Rights and Duties of Provincial and City Science and Technology Divisions
Article 109 (New) Rights and Duties of District and Municipal Science and Technology Offices
Article 110 Rights and Duties of other Relevant Sector Authorities
Section 2:Inspection of Standardization Activities
Article 111 (Amended) Standardization Activities Inspection Organizations
Article 112 Rights and Duties of Internal Inspection Organizations
Article 113 Rights and Duties of External Inspection Organizations
Article 114 Forms of Standardization Activities Inspection
Chapter XII:Policies Towards Persons with Outstanding Achievement And Measures Against Violators
Article 115 Policies Towards Persons with Outstanding Achievement
Article 116 Measures Against Violators
Article 117 (Amended) Re-Education
Article 118 (Amended) Disciplinary Measures
Article 121 (Amended) Criminal Measures
Article 122 Additional Penalties
LAO PEOPLE’S DEMOCRATIC REPUBLIC
PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY
________________
President No. 181/P
Vientiane Capital, Dated 10.9.2014
DECREE
of the
PRESIDENT
of the
LAO PEOPLE’S DEMOCRATIC REPUBLIC
On the Promulgation of the Law on Standards (Amended)
- Pursuant to the Constitution of the Lao People’s Democratic Republic, Chapter VI, Article, 67, Item 1;
- Pursuant to Resolution No. 07/NA, dated 18 July 2014, of the National Assembly;
- Pursuant to Proposal No. 030/NASC, dated 22/08/2014, of the National Assembly Standing
Committee.
The President of the Lao People’s Democratic Republic
Decrees That:
Article 1. The Law on Standards (Amended) is hereby promulgated.
Article 2. This decree shall enter into force on the date it is signed.
The President of Lao People’s
Democratic Republic
[Seal and Signature]
Choummaly SAYASONE
LAO PEOPLE’S DEMOCRATIC REPUBLIC
PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY
National Assembly No. 07/NA
RESOLUTION
of the
NATIONAL ASSEMBLY
of the
LAO PEOPLE’S DEMOCRATIC REPUBLIC
On the Adoption of the Law on Standards (Amended)
- Pursuant to Article 53, Item 2 of the Constitution and Article 3, Item 1 of the Law on the National Assembly of the Lao People's Democratic Republic Regarding the Rights and Duties of the National Assembly.
After broad consideration at the morning of 18 July 2014 at the 7th Session General Assembly VII regarding the contents of the Law on Standards (Amended).
The General Assembly Resolves to:
Article 1. Adopt The Law on Standards (Amended) by majority resolution.
Article 2. This resolution shall enter into force on the date it is signed.
Vientiane Capital, dated 18 July 2014
President of the National Assembly
[Seal and Signature]
Pany YATHOTOU
Lao Peoples Democratic Republic
Peace Independence Democracy Unity Prosperity
National Assembly No.49/ NA
Vientiane, Dated, 18 July 2014
Law
On Standards (Amended)
General Provisions
Article 1 (Amended) Objectives
This Law determines the principles, regulations, [and] measures regarding the establishment, operations, management, and inspection of standards and technical regulations for products, goods, services, processes, and the environment in order to encourage, improve and ensure that production, services, socio-economic operations and environment protection with the aim of ensuring that the above have quality, efficiency, are fair justice and to protect the rights, and the legitimate interests and safety of consumers; and able to interconnect regionally and internationally and contribute to the development of the nation.
Standards are the specific characteristics of products, goods, services, processes, the environment, and other matters relating to standards in order to asses, classify, and determine the level of quality of such items which are determined and approved based on any accepted unified standard.
Article 3 (Amended) Definitions
The terms used in this law shall have the following meanings:
- International standards means standards approved based on international standards and which may be accessed by the public;
- Regional standards means standards approved based on regional standards and which may be accessed by the public;
- Foreign standards means the approved national standards of any country and which may be accessed by the public;
- Standards marks means a products certification mark, management systems, or accreditation systems determined by the Ministry of Science and Technology or other sector authorities as may be assigned;
- Standardization means the processes of formulating, promulgating, implementing of standards and other activities relating to standards;
- Process means the procedures of production, construction, provision of services, the environment and other activities;
- Certification means the procedures of official recognition a competent organization of a sector authority relating to quality compliance with standards and technical regulations;
- Product certification means the procedures of official recognition by a competent sector authority body having the right to certify to certify the quality compliance of products and goods with standards;
- System management certification means the official recognition by a competent sector authority body having the right to certify the quality compliance of quality management systems, environmental protection systems or other management systems with national standards or international standards;
- Certificate means a document which recognizes the certification of products, goods, services, environment, systems, compliance and other certification, such as: a product certification, system certificate and compliance certification;
- Compliance assessment means any activity directly or indirectly related to the assessment of the implementation of standards, technical regulation and other relevant laws and regulations;
- Goods means an item exchanged or purchased or sold;
- Products means any material which has undergone production, processing processes;
- Third party means an individual, legal entity or organization which is recognized as being independent from a supplier and consumer;
- Supplier means a manufacturer, distributor, seller, service provider; and
- Consumer means a purchaser or consumer.
Article 4 (Amended) Policies on Standardization
The state emphasizes the promotion of the widespread use of standards for products, goods, services, processes and the environment, the implementation of technical regulations, including research and the application of science and technology to in standardization.
The state and society will emphasize the establishment of technical infrastructures, such as: testing centers or laboratories, training centers to ensure the capability to carry out the management of standardization.
The state encourages and promotes production business units, such as small and medium scale business production units, family businesses in improving the quality of products, goods, services, and the environment up to international, regional, foreign, national and local standards to ensure that they can compete in domestic and international markets.
The state promotes standardization activities by enhancing the capability to manage and utilize natural resources and labor economically, appropriately, and suitable to the actual situation at any given time with the aim of protecting consumers, to ensure social fairness and a better life for the people.
The state encourages, promotes, facilitates public and private organizations, both domestic and international who invest in the Lao PDR, to participate in standardization activities, such as the formulation and utilization of standards, the management and inspection of such activities in a correct manner.
Article 5 (Amended) Basic Principles for Standardization Activities
Standardization activities shall be implemented in accordance with the following basic principles:
- Shall raise quality and efficiency in socio-economy, promote the competition through the quality of products, goods, services, and environmental protection in both domestic and foreign markets;
- Meet the needs of, and ensure sanitation, consumer health and safety, national security-social order, the rights and interests, the quality of life of consumers and related areas.
- Shall ensure openness, justice, equality, and transparency which can be inspected or refrain from discrimination, avoid the creation of barriers to production, business, commerce and services;
- Ensure compliance with international standards, the actual situation, and the capability for implementation; and
- Ensure that manufacturers, distributors, sellers and service providers operate on the basis of determined standards.
This law applies to the activities relating to standardizations, such as: the formulation, promulgation, and utilization of standards and technical regulation in the areas of production of business commerce, services, processes, the environment, and other matters related to standardization activities.
Article 7 International Cooperation
The state is open to cooperate with foreign countries, regional and international organizations regarding standardization by the mobilization of assistance, scientific research, technical cooperation, sharing experience, capacity building of human resources, etc. on the basis of independence, sovereignty, equality, and mutual benefit and resolution of disputes in accordance with international agreements and conventions to which the Lao PDR is a stare party.
Types of Standards
Article 8 (Amended) Categories of Standards
The main categories of Lao National Standards are as follows:
-
Lao National Standards for products and goods;
-
Lao National Standards for services; and
-
Lao National Standards for the environment;
Article 9 Lao National Standards for Products and Goods
Lao National Standards for products and goods determine the specific characteristics of products and goods to meet the demands of suppliers and consumers.
Products and goods manufactured and utilized domestically shall comply with Lao National Standards.
Products and goods imported and exported shall comply with determined standards.
Article 10 Content of Lao National Standards for Products and Goods
Lao National Standards for products and goods consist of technical terms, symbols, bio- chemical characteristics, materials, and other characteristics, production methods, testing methods, packaging, marking, labeling of products and goods.
Article 11 Lao National Standards for Services
Lao National Standards for services determine the operations systems that relate to many areas of work, such as installation, and warranty periods for products and goods, tourism services, hotels, restaurants, transportation, telecommunications, education, public health, and others services to ensure efficiency and timeliness of services.
Lao National Standards for each type of service are specified in separate regulations which the relevant authorities are responsible for in accordance with their roles.
Article 12 Content of Lao National Standards for Services
Lao National Standards for services comprise the following:
- Systems for process management;
- Document control;
- Organization, personnel, and facilitation;
- Service procedures that are concise and timely;
- Internal audit systems;
- Prevention and problem solving in regards to services; and
- Other content regarding services.
Article 13 (Amended) Lao National Standards for the Environment
Lao National Standards for the Environment is the determination of standards or scope of authorization of the permitted emissions pollutants or environmental conditions that adversely affect the health or lives of people, animals, plants, and the environment.
Individuals legal entities or organizations that engage in production, commerce, or services shall conscientiously comply with standards and environmental laws and regulations.
Article 14 Content of Lao National Standards for the Environment
Lao National Standards for the Environment comprise of the following:
- Levels and range of the release of waste water, smoke, oil residues, chemicals and other waste;
- Levels and range of emissions such as: vibration, noise, light, color, radiation, and odor; and
- Other content regarding the environment.
Article 15 Use of Technical Terms
The use of technical terms in standardization activities is aimed at conveying correct understanding, and achieve a unified terminology consistent with defined terms used in international standards (ISO).
Standards, Technical Regulations and Code of Practice
Lao National Standards
Article 16 (Amended) Lao National Standards
Lao National Standards are standards that the Lao National Standards Council has approved and have been promulgated by the Ministry of Science and Technology.
Lao National Standards are standards used in standardization activities in the Lao PDR.
The acronym for Lao National Standards in the Lao language is “ມລ” and in English “Lao Standard-LS.
Article 17 Principles for Formulating Lao National Standards
The formulation of Lao National Standards shall be performed in accordance with the following principles:
- Scientific research, technology, and advanced techniques to meet the demands of periodic socio-economic development;
- Scientific research, and comparisons with foreign, regional and international standards as a basis for the formulation in compliance with key points, and the actual situation in the country;
- Ensure compliance with foreign, regional and international standards; and
- Consistent with the laws and regulations of the Lao PDR, international agreements and conventions to which the Lao PDR is a state party.
Article 18 Formulation of Lao National Standards
In addition the principles provided in Article 5 of this Law, the formulation of Lao National Standards shall be based on the following:
- The results of scientific research, technology and advanced techniques;
- Lessons, key-points and the actual situation of the country; and
- Results of assessment of inspection, testing, quality certification and the efficiency of the activities of the relevant sector authorities.
Article 19 (New) Regulations Governing the Preparation, Approval and Utilization of Lao National Standards
The preparation, approval and utilization of Lao National Standards as provided in Articles 18, 20, 21 and 22 of this Law shall be performed as follows:
- Approve good standards preparation, approval and utilization principles as provided in Annex 3 of the World Trade Organization Agreement on Technical Barriers to Trade;
- Voluntary implementation of standards;
- Not create unnecessary barriers to trade;
- Implement at least equally between imported products and goods and domestic products and goods;
- Formulate Lao National Standards that are equivalent to international standards where possible;
- Full participation by the Ministry of Science and Technology based onvappropriateness and human resources limitations during the preparation of international standards undertaken by relevant international standards formulation organizations relating to standards approved by such organizations or are to be approved in order to make standardization unity as widespread as possible; and
- Utilize standards based on the conditions of the products and goods rather than the form or shape of the products and goods where deemed appropriate.
Article 20 (New) Procedures for the Formulation of Lao National Standards
The formulation of Lao National Standards shall be performed in accordance with the following procedures:
1.Propose the formation of [ a new] Lao National Standards
Individual, legal entities or organizations and the National Standards Council that wish formulate a Lao National Standard shall submit an application to the Ministry of Science and Technology.
The Ministry of Science and Technology will consider the application based on the principles provided in Articles 5 and 18 of this Law.
In the event that the application is approved, the Ministry of Science and Technology shall assign the relevant National Technical Committee to draft the standard.
2.Drafting Lao National Standards
The relevant National Technical Committee shall research and draft the Lao National Standard with the applicant, suppliers and consumers. Where deemed necessary, the National Technical Committee may utilize foreign experts as appropriate.
The National Technical Committee shall place the Draft Lao National Standard on the website of the Ministry of Science and Technology and publish in the mass media for at least 60 days to gather the opinions of the public.
The National Technical Committee shall inspect and improve the draft Lao National Standard based on reasonable technical opinions, after which the National Technical Committee shall submit the draft Lao National Standard to the National Standards Council for consideration for approval.
3.Approval of Lao National Standards
Lao National Standards shall be approved procedurally by the National Standards Council through a majority vote of at least two-thirds of the members of the National Standards Council present at the meeting. The National Standards Council will then submit the Lao National Standard to the Ministry of Science and Technology for approval and promulgation.
Article 21 (Amended) Effectiveness of Lao National Standards
Lao National Standards shall be effective 60 days from the date of promulgation by the Ministry of Science and Technology and placed on the website of the Ministry of Science and Technology and announced through the mass media.
Article 22 Application of Standards
The application of standards shall be on a voluntary basis of the relevant parties, such as: suppliers and consumers except where laws and technical regulations determine compulsory application for such products as strategic products, goods, services, and the environment aimed at the management and enforcement relating to safety, sanitation, health, national defense, and public order.
Article 23 (New) Enforcement, Revocation of Lao National Standards
The enforcement, revocation of Lao National Standards as provided in Item 5, Article 39 of this Law [is the responsibility] of the National Standards Council in collaboration with the relevant National Technical Committee which shall review amendments, revocation of Lao National Standards every 5 years or earlier where necessary and submit such to the Ministry of Science and Technology for consideration.
Technical Regulations
Article 24 Technical Regulations
Technical Regulations are the specific technical documentation of products and goods, services, processes, the environment and other issues for use in the management, inspection, safety assurance, sanitation, the health of people; vegetation, animals the environment, the lawful rights and interests of consumers, environmental protection, the interests and security of the state .
Article 25 Content Technical Regulations
Technical regulations include the determination of the specific technical levels, scope, characteristics, technical terms, symbols, packaging, marks and labels of products and goods, services, processes and the environment.
Technical regulations apply to the management and technical inspection of production, trade and services businesses in compliance with the relevant standards and laws and regulations.
Article 26 (New) Regulations on Preparation, Approval, Publication and Application of Technical Regulations
The preparation, approval, publication and application of technical regulations shall be performed in accordance with the regulations of the Ministry of Science and Technology and guidelines on the proper implementation of regulations, policies relating to standards and comply with those of ASEAN, including technical barriers to trade of the WTO. Additionally, such shall also be performed in a unified manner by relevant sector organizations and sector authorities nationwide.
Article 27 (New) Formulation of Approval and Publication of Technical Regulations
Relevant ministries, relevant organizations in collaboration with provincial, city administration authorities [are responsible] for the formulation of technical regulations through the appointment a technical committee [members] from such relevant ministries, organizations to study the drafting of such technical regulations.
After such technical committee has drafted preliminary technical regulations, such shall be placed on the website and published in the media for a period of at least 60 days to enable the public, such as suppliers and consumers to provide their opinions. At the same time, the draft
technical regulations shall be submitted to the WTO and other international organizations as provided in international treaties and conventions to which the Lao PDR is a state party.
In cases of urgency, which could cause great harm to the life, health of people, animals, plants, the environment and national security, the formulation of technical standards will not be required to undergo the above procedures, but the WTO and the relevant international organizations shall be notified where suitable.
Such relevant ministries and organizations shall approve, promulgate, publish and assess the implementation of technical regulations.
Article 28 Principles for Formulating Technical Regulations
The formulation of technical regulations shall be performed in accordance with the following principles:
- Compliance with the principles, relevant laws and regulations of the Lao PDR and international treaties and conventions to which the Lao PDR is a state party;
- Be based on the contents of the formulation of standards provided in Article 18 of this Law;
- Ensure the protection of the life and health of people, animals, plants and the environment, prevent fraud, protect national security, quality assurance, and safety of goods;
- Shall not create unnecessary barriers to trade;
- Shall be implemented at least equally between imported products and goods and domestic products and goods;
- Ensure that application uses actual appropriate methods in order to achieve fair objectives to reduce expenses in the formulation and implementation and to avoid the occurrence of negative results;
- Ensure the utilization of products and goods as a reference rather than form or shape based where deemed suitable; and
- Ensure the compliance of technical regulations with codes of practice which shall be implemented in accordance with procedures for compliance assessment as provided in Articles 53 and 54 of this Law.
In addition to being based on international and Lao National Standards, the formulation of technical regulations shall be based on technical and scientific principles.
Article 29 (New) Formulation of Technical Regulations
The Ministry of Science and Technology in collaboration with relevant sector authorities [are responsible] for the unified formulation of preparation, approval, publication, application and review at the central and local levels in compliance with international treaties and conventions to which the Lao PDR is a state party, agreements on barriers to trade of the WTO, ASEAN guidelines on the proper implementation of laws, regulations and policies of ASEAN relating to standards and compliance for unified application nationwide.
Article 30 (Amended) Promulgation of Technical Regulations
Relevant sector authorities and local administration authorities are responsible for the promulgation of technical regulations within the scope of their responsibilities which shall become effective from the date of signature.
Article 31 (Amended) Effectiveness of Technical Regulations
Technical regulations apply to individuals, legal entities or organizations, such as: suppliers and consumers.
Article 32 (New) Responsibilities of the Ministry of Science and Technology in the Formulation and Application of Technical Regulations
The Ministry of Science and Technology is responsible for the formulation and application of as provided in Article 28 of this Law as follows:
- Provide technical assistance to relevant state organizations at the central and local levels;
- Provide technical information, standards, procedures for the assessment of regional and international compliance relating to technical regulations as proposed;
- Collaborate with relevant sector authorities to ensure compliance with this Law, international treaties and conventions to which the Lao PDR is a party; and
- Collaborate with relevant sector authorities to promote a sense of awareness and understanding of the objectives and procedures regarding the application of technical standards.
Relevant sector authorities and local administration authorities which issue technical regulations may review or revocation such regulations where necessary, such as: scientific and technological advances. .
Codes of Practice
Article 33 (New) Codes of Practice
Codes of practice are guidelines for real practice of the procedures of design, production, installation, maintenance or use of equipment structures, products and goods to ensure quality and safety.
Article 34 (New) Contents of Codes of Practice
The contents of codes of practice comprise recommendations on the methods, standard application procedures and technical regulation in real production application, commerce and services.
Article 35 (New) Principles on the Formulation of Codes of Practice
The formulation of codes of practice shall be consistent with standards, technical regulations and relevant laws of the Lao PDR and international treaties and conventions that the Lao PDR is a state party.
Article 36 (New) Formulation, Approval, Promulgation, Application, Publications of Codes of Practice
The formulation, approval, promulgation, application and publication of codes of practice are the same for those of technical regulations provided in Articles 29, 30, 31 and 32 of this Law.
The relevant sector authorities and local administration authorities issue codes of practice and may amend or revoke such codes of practice where necessary, such as advances in science and technology.
Organizations Responsible for Formulating Lao National Standards
Article 37 Organizations Responsible for Formulating Lao National Standards
The Organizations Responsible for formulating Lao standards are as follows:
- The National Standards Council; and
- The National Technical Committee.
Article 38 (Amended) Establishment and Role of the National Standards Council
The National Standards Council is established by the Minister of Science and Technology, and is responsible for the consideration and approval of Lao National Standards and submission to the Minister of Science and Technology to consider promulgation.
Article 39 (Amended) Rights and Duties of the National Standards Council
The National Standards Council has the following rights and duties:
- Research policy, legislations, plans, projects, and activities relating to standardization activities for submission to the Minister of Science and Technology for consideration;
- Research methods, procedures for the formulation and adoption of Lao National Standards and their implementation;
- Prioritize products, goods, services, and the environment for the formulation of Lao National Standards;
- Assess the implementation of standardization activities as reported by the relevant National Technical Committees;
- Research the adoption , amendment, and revocation of Lao National Standards, Lao National Standards marks, and certificates of compliance as submitted by the relevant National Technical Committees and submit such to the Minister of Science and Technology for consideration;
- Provide opinions on drafts of certification marks and other matters relating to standardization activities; and
- Participate in meetings and operations on standardization activities domestically and abroad as assigned or appointed by the ministries, sector authorities to which one is assigned as proposed by the Ministry of Science and Technology.
Article 40 Organizational Structure of the National Standards Council
The National Standards Council is composed of representatives from ministries, educational institutes, professional associations, the National Chamber of Industry and Commerce, suppliers and consumers.
The National Standards Council has a chairman, a number of vice-chairmen, members, and assistance mechanisms.
The establishment and operations of the National Standards Council and its assistance mechanisms are determined in separate regulations.
Article 41 (Amended) Chairman, Vice-Chairman and Members of National Standards Council
The Chairman, vice-chairman and members of National Standards Council shall have the qualifications and experience in administration and are appointed by the Minister of Science and Technology as proposed by the National Standards Council pursuant to a resolution of the Council.
The rights and duties of the chairman and vice-chairman and members of National Standards Council are determined in separate regulations.
Article 42 (Amended) The National Technical Committee
The National Technical Committee is established by the National Standards Council to assist in fulfilling its roles, rights, and duties relating to standardization activities.
The National Technical Committee consists of relevant specialists from various ministries, organizations, educational institutions, professional associations, the National Chamber of Industry and Commerce, suppliers and consumers as proposed by the relevant parties.
The National Technical Committee has a chairman, vice-chairman, and members who are appointed by the Chairman of the National Standards Council.
Article 43 (Amended) Rights and Duties of the National Technical Committee
The National Technical Committee has the following rights and duties:
- Research, provide opinions and draft standards and technical manuals;
- Participate in research and assessment regarding the issue of the various certifications;
- Participate in meetings and operations of standardization activities domestically and abroad as assigned by the ministries or sector authorities to which one is assigned;
- Collaborate with other authorities;
- Summarize, report on standardization activities to the National Standards Council on a regular basis; and
- Other rights and duties as provided in laws and regulations and as so assigned.
Article 44 (Amended) Appoint of Representatives
Relevant sector authorities and authorities shall appoint their representatives or specialists to participate in the National Standards Council or the National Technical Committee as proposed by the Ministry of Science and Technology with 30 days of receipt of such proposal.
Compliance with Standards, Technical Regulations and Compliance Assessment
Conformity to Standards and Technical Regulations
Article 45 Compliance with Standards and Technical Regulations
Compliance is the harmonization, correctness of standards and technical regulations in terms of quality and safety of products, goods, services and environment.
Article 46 Principles for Compliance Assessment
Compliance assessment shall be carried out according to regional and international procedures, principles and regulations or international treaties and conventions to which the Lao PDR is a state party.
Article 47 Compliance Assessment Organizations
The compliance assessment organization are organizations established within each relevant state sector authority and private sector authorities with the role of evaluating and assessing the harmonization, compliance with the implementation of standards and technical regulations.
The organizational structure, personnel, rights, and duties of compliance assessment organizations are determined in separate regulations.
Article 48 Forms of Compliance Assessment
Compliance assessment takes the following forms:
- Self-compliance assessment;
- Voluntary compliance assessment; and
- Compulsory compliance assessment.
Article 49 Self-Compliance Assessment
Self-compliance assessment of compliance with standards is carried out by individuals or legal entities that wish to comply with determined procedures, principles, and regulations and shall be submitted to the relevant compliance assessment organization of the state for certification.
Article 50 Voluntary Compliance Assessment
Voluntary compliance assessment with standards is carried out by a compliance assessment organization of the state through testing, inspection, and certification and such compliance with standards is then notified applicant individual, legal or organization.
Article 51 Compulsory Compliance Assessment
Compulsory compliance assessment with technical regulations shall be carried out by a Compliance assessment authority of a state sector authority through testing, inspection, investigation and certification of products, goods, services, processes, environment and other matters relating to technical regulations.
Compliance Assessment
Article 52 (New) Compliance Assessment
Compliance assessment as provided in Articles 46, 49, 50 and 51 of this Law consists of all activities that must be performed relating to conditions directly or indirectly involving standards or technical regulations.
Compliance assessment involves testing, inspection, the monitoring of markets, product and goods certification, quality management systems certification and approval.
Any specific compliance assessment shall be carried out in accordance with Lao National Standards, regional, international guidelines, and terms of international treaties and conventions to which the Lao PDR is a state party.
Article 53 (New) Regulations Governing Compliance Assessment Procedures
The procedures of compliance assessment shall be carried out in accordance with Lao National Standards, regional, international guidelines, and terms of international treaties and conventions to which the Lao PDR is a state party.
The procedures of compliance assessment shall be performed as follows:
- Preparation, approval and application shall be applied at least equally between imported products and goods and domestic products and goods;
- Relevant standards, technical regulations and guidelines shall be applied where necessary as a reference for the formulation of compliance assessment procedures, except where those procedures are not suitable for application in the Lao PDR;
- The number of applications, certifications and approvals shall be as few as possible in order to meet the objectives of technical regulations;
- Specific data for compliance assessment and the determination of fees and service charges are required;
- Information relating to compliance assessment kept confidential to protect the interests of trade;
- Relevant sector authorities shall participate fully, based on appropriateness and limitation of resources, in the preparation of guidelines and proposals for compliance assessment procedures carried out by relevant international standards formulation organizations in order to create unity;
- The publication of such approved procedures shall be carried out in a timely manner in order that interested parties, ASEAN member countries and the WTO may access the information;
- In the event that there exist no relevant regional or international compliance assessment procedures, such procedures shall comply with the codes of practice of the technical regulations of the Lao PDR;
- The effect of, and compliance assessment procedures of other countries are recognized by the Lao PDR;
- Compliance assessment procedures for local technical regulations shall comply with national compliance procedures;
- Such procedures shall not be prepared, approved and applied as unnecessary barriers to trade and shall be carried out in a timely and transparent manner; and
- Compliance assessment procedures shall be effective as least 180 days of publication in the Government Gazette.
Article 54 (New) Determination of Compliance Assessment Procedures
The determination of compliance assessment procedures as provided in Articles 49, 50 and 51 of this Law shall be performed as follows:
- Self-compliance assessment by suppliers or manufacturers hereby called the first person;
- Compliance assessment by purchases or consumers hereby called the second person;
- Compliance assessment by independent legal entities or organizations are hereby called third persons and are independent from suppliers or manufacturers or purchasers or consumers;
- Compliance assessment with standards are undertaken voluntarily;
- Compulsory compliance assessment with technical regulations under the direction of state organizations in laboratories which have been approved as requested. Objections to results of compliance assessment may be submitted to the Ministry of Science and Technology. In the event that such objections cannot be resolved they may be submitted to the People’s Court; and
- Compliance assessment shall be carried out in accordance with recognized agreements, multilateral agreements, international treaties and conventions to which the Lao PDR is a state party.
Article 55 (Amended) Objections to Compliance Assessment
Individuals, legal entities or organizations that disagree with compliance assessment conducted by a compliance assessment organization have the right to object to the Ministry of Science and Technology. If the objection is not resolved satisfactorily, the matter may be submitted to the courts for consideration under laws and regulations.
Management and Testing Systems
Management Systems
Article 56 Categories of Management Systems
Management systems are divided into the following categories:
- Food safety management systems;
- Quality management systems;
- Environmental management systems; and
- Other management systems.
Article 57 Food Safety Management Systems
Food safety management systems are activities undertaken by relevant sector authorities and agencies in order to direct, monitor, manage and inspect processes, control and inspect processes including the cleanliness of food production and limitation of contaminants, residues, bacteria, and additives in food. These activities are undertaken in a systematic manner and in accordance with standards and food laws and regulations to ensure hygiene, health, and safety consumers.
Article 58 Quality Management Systems
Quality management systems are internal coordination systems of the sector authorities and agencies that direct, monitor, control, and inspect processes in a systematic manner in order to ensure compliance, quality, and safety of such processes.
Article 59 Environmental Management Systems
Environmental management systems are the operations of the sector authorities and agencies involved in the direction, monitoring, control and inspection of processes including the management and limitation of pollution in the processes in a systematic manner to ensure performance with standards and laws and regulations relating to the environment.
Article 60 Other Management Systems
Other management [systems] which include production, business trade, construction, transportation, communications, education, public health and other services shall be implemented in accordance with the laws and regulations of the relevant sector authorities and international, regional, and foreign system management standards.
Testing Systems
Testing systems comprise of:
- Collection of samples;
- Testing; and
- Evaluation of test results.
Article 62 Collection of Samples
The collection of samples of products or goods for testing shall be conducted in accordance with procedures for collection, storage, and transportation as determined in the standards for such products or goods .
Testing is the study and analysis of collected samples of products and goods, and actual trials using methods and equipment recognized by the other sector authorities and agencies concerned in order to observe the results and characteristics of those products and goods.
Article 64 Evaluation of Test Results
The evaluation of test results shall be performed in accordance with the principles and procedures specified in the relevant standards.
Test results shall be certified and approved by the relevant sector authorities and other agencies and shall be published as specified.
Accreditation and Certification
Accreditation
Accreditation is the formal recognition by the relevant organizations relating to the ability to approve any activity such as: accreditation of quality systems, environment systems, laboratory testing systems, inspection systems and the capability of individuals, legal entities or organizations.
Certification, inspection, calibration and testing shall be undertaken at a laboratory or lab.
Article 66 (New) Lao National Accreditation Bureau
The Lao National Accreditation Bureau is the authority that formally recognizes the capability of individuals, legal entities or organizations in undertaking testing and quality certification activities.
The Lao National Accreditation Bureau is established by the Ministry of Science and Technology, and is responsible for accreditation, extensions, suspensions or revocations of accreditation of laboratories, and compliance and certification organizations.
The Lao National Accreditation Bureau is comprised of relevant sector authorities such as: the Industry and Commerce, Public Health, Agriculture and Forestry, Public Works and Transport Sectors, the National Chamber of Industry and Commerce, other specialist individuals and legal entities.
The acronym for the Lao National Accreditation Bureau is “ອຮຊ” and the name and acronym in English is “Lao National Accreditation Bureau--LNAB”.
Article 67 (New) Rights and Duties of the Lao National Accreditation Bureau
The Lao National Accreditation Bureau has the following rights and duties:
- Formally accredit the technical capabilities that comply with standards, procedures and guidelines of international accreditation of testing laboratories, quality management certification organizations, inspection organizations, compliance assessment organizations and specialist testing organizations;
- Perform in accordance with international standards ISO/IEC 17011;
- Provide accreditation services to laboratories, certification organizations, inspection organizations and compliance assessment organizations in accordance with ISO/IEC international standards and appropriate guidelines of the International Laboratory Accreditation Council (ILAC) and the International Accreditation Foundation (IAF);
- Issue regulations, guidelines and other documentation specifying the conditions for accreditations and extensions;
- Participate in the operations with regionals and international compliance assessment organizations and draft manuals, guidelines for the procedures of compliance assessment of the Lao PDR;
- Participate in negotiations with regional and international organizations to fulfill mutual recognition agreements and recognize the compliance assessment procedures of other countries;
- Monitor and inspect accredited testing laboratories, inspection organizations, compliance assessment organizations and certification organizations in accordance with international standards and procedures;
- Suspend, withdraw or revoke accreditation in the event of violations;
- Collaborate with, and undertake comparisons between domestic testing laboratories;
- Manage and register accredited testing laboratories and certification organizations;
- Provide technical assistance on compliance assessment to relevant state sector authorities at the central and local levels and promote an awareness about compliance assessment;
- Summarize and report on the implementation of activities to the Ministry of Science and Technology and other relevant organizations regularly; and
- Other rights and duties as provided in laws and regulations and as assigned.
Article 68 Testing Centers, Laboratories
To ensure the certification of products and goods, it is necessary to establish and improve testing centers and laboratories and contribute vehicles, equipment, and qualified personnel.
Testing centers, laboratories shall be accredited or recognized by both domestic and foreign accreditation organizations.
The rights and duties of testing laboratories are provided in separate regulations.
Certification
Article 69 (New) Certification Organizations
Certification organizations are organizations established at relevant sector authorities and are accredited by the Lao National Accreditation Bureau or regional or internationally recognized accreditation organizations.
Article 70 (New) Certification
Certification as provided in Articles 72 and 73 of this Law is undertaken by testing and calibration laboratories. Quality management certification and the certification of inspectors and expertise shall be undertaken by the relevant organization;
Compliance assessment procedures and compliance assessment certification shall be undertaken voluntarily, except where technical regulations require compulsory certification marks.
Certification organizations as provided in Article 68 of this Law are directly responsible for their compliance certification. In the event of non-compliance, certification organizations shall suspend, withdraw or revoke such certification. Certified individuals, legal entities or organizations may object to such suspensions, withdrawals or revocations to the certification mark issuing organization. If the issue is not resolved the entity subject to suspension, withdrawal or revocation may submit the matter to the Lao National Accreditation Bureau or the People’s Court.
Article 71 Categories of Certification
There are two categories of certification, as follows:
- Product certification; and
- Management systems certification.
Each category of certification has its own certification mark which are specified in separate regulations.
Article 72 Product Certification
Product certification will be accomplished in accordance with the procedures and standards determined by the relevant sector authorities and with relevant international principles in accordance under actual conditions and capabilities.
Product certification shall be undertaken by the relevant sector authorities and agencies that have been officially assigned.Products accredited as meeting standards shall bear a certification mark.
Article 73 (Amended) Product Certification Marks
The promulgation of product certification marks shall be published on official websites and journals.
The Ministry of Science and Technology has the right to amend or revoke product promulgated certification marks as recommended by the National Standards Association.
Article 74 (Amended) Application for Product Certification Marks
Suppliers are entitled to apply for product certification marks to the Ministry of Science and Technology for consideration in accordance with prescribed procedures.
Article 75 (Amended) Use of Product Certification Mark
Suppliers have the right to use product certification marks once authorized by the Ministry of Science and Technology and the products or goods meet required standards.
Product certification marks affixed to products, labels, product packages are deemed the use of product certification marks.
The advertising and reference to product certification marks can be undertaken in any manner in order to show that the product or goods meet standards and is deemed use of product certification marks.
Article 76 (Amended) Mandatory Product Certification mark
The National Ministry of Science and Technology shall issue regulations on the use of mandatory certification marks for products that have strategic characteristics that are related to order, safety, hygiene, health, the environment, and goods that have control targets. These regulations shall be managed in collaboration between relevant sector authorities and agencies and the National Standards Council
The use of mandatory product certification marks will become effective ninety days from the date of promulgation of such use of mandatory certification marks which shall be published in the Government Gazette and other official journals.
Mandatory product certification mark may be amended or revoked.
Article 77 (Amended) Objection to the Contents of Regulations on the Use of Mandatory Product Certification Marks
Suppliers who disagree with the contents of regulations on the use of mandatory product certification mark have the right to object to the Ministry of Science and Technology to consider resolution. If [the objector] disagrees with the resolution by the Ministry, the matter may be referred to the courts for consideration under laws and regulations.
Article 78 Certification of Management Systems
Certification of management systems is the recognition by the relevant sector authorities and agencies regarding the direction of, monitoring, control and inspection of the systematic processes undertaken by suppliers in order to achieve quality and efficiency.
Article 79 Management Systems Certification Procedures
The certification of management system for each category shall be performed in accordance with the procedures determined by the relevant sector authorities and agencies in accordance with regional and international standards.
Article 80 (Amended) Management Systems Certification Sector Authorities
Relevant sector authorities and other agencies responsible for management systems certification in the Lao PDR shall be periodically accredited by a regional or international accreditation organization to ensure the capacity to certify management systems.
Article 81 (Amended) Applications for Management Systems Certification
Individual, legal entities or organizations that wish to certify management systems for any category shall submit an application to the Science and Technology Sector or other relevant sector authorities or agencies for consideration in accordance with prescribed procedures.
Article 82 (Amended) Management Systems Certification Marks
Management systems certification marks are symbols evidencing management systems certification as provided in Article 71 of this Law.
the Science and Technology Sector or other relevant sector authorities or agencies that provide the certification shall determine each category of management systems certification marks, but such shall be submitted to the National Standards Council to provide its opinion beforehand prior to official use.
Article 83 Categories of Management Systems Certification Marks
Management System certification marks are divided into the following categories:
- Food safety management systems certification marks;
- Safety quality management systems certification marks;
- Environmental managements systems certification marks; and
- Other management systems certification marks.
Article 84 (Amended) Promulgation of Management Systems Certification Marks
Relevant sector authorities and agencies that issue each category of systems management certification marks are responsible for the promulgation of such marks once approval is granted by the Ministry of Science and Technology.
The promulgation of each category of management system certification mark shall be published in the Government Gazette and other official journals.
Marks used as systems management certification marks are not the same marks as, or similar marks to registered trademarks used on good or services.
Article 85 Use of Systems Management Certification Licenses
License holders only have the right to use systems management marks when authorized to do so.
Article 86 (Amended) Affixing Management System Certification Marks
Management system certification marks may be affixed to containers, packaging, product labels, goods, all forms of advertising once authorized by the Ministry of Science and Technology.
All actions relating to direct or indirect sales of products or goods by reference to system management certification marks to show that products and goods meet standards shall be deemed that system management certification marks have been affixed.
Suspension, Withdrawal or Revocation of Certificates
Article 87 (Amended) Suspension, Withdrawal or Revocation of Certificates
The National Standards Council has the right to consider and propose to the Ministry of Science and Technology or relevant sector authorities or agencies regarding the suspension, withdrawal or revocation of certificates if evidence reveals breaches of the contents and conditions of the use of certificates.
Article 88 Conditions for Suspension of Certificates
The conditions for suspension of the use of certificates are as follows:
- Products, goods, services, processes, and environmental practices are not in compliance with determined standards and technical regulations;
- Change of name and permitted use of certificates by others without authorization;
- Other violations of the laws and regulations on certificates.
Article 89 Conditions for Withdrawal or Revocation of Certificates
The conditions for withdrawal or revocation of certificates are as follows:
- Products, goods, services, processes, and environmental practices that have serious detrimental effects;
- Forgery of a certificate;
- Failure to make changes following a suspension; and
- Other practices that are serious violations of laws and regulations on certificates.
Article 90 (Amended) Objection to Suspension, Withdrawal or Revocation of Certificates
The owner of a certificate has the right to object suspension, withdrawal or revocation of certificate in writing to the Ministry of Science and Technology, relevant sector authorities that issued the certificate . The organization receiving such objection shall consider the matter within thirty days from the day of receipt. If the party is not satisfied with the resolution offered, the matter may be referred to the courts for consideration in accordance with laws and regulations.
Rights and Obligations of Suppliers and Consumers
Rights and Obligations of Suppliers
Article 91 (Amended) Rights of Suppliers
Suppliers have the following rights:
- Conduct production, trade, and services related to standardization activities;
- Use certificates issued to it as authorized by regulations;
- Advertise the quality of products, goods, and services have been certified to conform to applicable standards;
- Transfer certificates to another party as authorized by the Ministry of Science and Technology or relevant sector authorities or agencies;
- Appeal to the relevant authorities to protect its rights and interests;
- Exercise other rights as specified in laws and regulations.
Article 92 Obligations of Suppliers
Suppliers have the following obligations:
- Guarantee that production, products, goods, distribution, trade and services, including production and service premises maintain the quality and safety mandated by determined standards, and to protect the environment;
- Set reasonable prices for products, goods, and services on the basis of laws and regulations; and
- Perform other obligations specified in laws and regulations.
Rights and Obligations of Consumers
Article 93 Rights of Consumers
Consumers have the following rights:
- Choose quality products, goods, and services according to their needs;
- Receive information about the quality, prices, and instructions on the use of goods and services;
- To be guaranteed safety, health, and environmentally sound products, goods, and services for consumption;
- Advise, warn suppliers when it determines that products, goods, or services do not meet standards, technical regulations and affect the environment;
- Complain to the relevant sector authorities or authorities about products, goods and services that do not meet quality and standards;
- Notify or report information of violations of standards, technical regulations and environmental impacts that are observed;
- Participate in standardization activities such as formulating standards, laws and regulations and improving the quality of products, goods, and services; and
- Exercise other rights as specified in laws and regulations.
Article 94 Obligations of Consumers
Consumers have the following obligations:
- Participate in consumer organizations to protect their legal rights and interests;
- Not pollute the environment through the use of products or goods, and to participate in environmental protection activities;
- Perform other obligations as specified laws and regulations.
Prohibitions
Article 95 (Amended) Prohibitions on Suppliers
Suppliers are prohibited from:
- Use of certification marks without authorization;
- Use an identical mark to a registered trademark;
- Use a certification mark to register as a trademark;
- Use the terms "Lao National Standards" or similar terms and symbols to cause confusion with marks of Lao National Standards without authorization;
- Register trademarks using the term "Standard" without authorization;
- Pollute the environment;
- Use violence, threats, obstruct, pay bribes to influence the officials of a standards management and inspection organization engaged in standardization activities;
- False advertising of products, goods and services; and
- Engage in other behavior prohibited under laws and regulations.
Article 96 Prohibitions on Consumers
Consumers are prohibited from:
- Promoting products, goods, and services that are deficient in quality and are deceptive;
- Defame or act in a way that causes damages to a supplier;
- Pollute the environment; and
- Engage in other behavior prohibited by laws and regulations.
Article 97 Prohibitions on Officials Responsible for Standardization Activities
Officials responsible for standardization activities are prohibited from:
- Lack responsibility and ignore their duties;
- Perform their duties unfairly or with partiality towards any individual, legal entity or organization;
- Request, claim, receive bribes, or abuse their position, authority for personal gain, their families or relatives;
- Falsify documents; and
- Engage in other behavior prohibited by laws and regulations.
Article 98 Restrictions on Other Individuals, Legal Entities and Organizations
Other individuals, legal entities and organizations are prohibited from:
- Abuse standardization activities to create obstacles or interfere with the work of suppliers;
- Assist, protect suppliers that are in violation of laws and regulations;
- Hide, conceal actions by suppliers that are in violation of laws and regulations;
- Use violence or threats to obstruct the performance of duties of, or pay bribes to officials responsible for standardization activities;
- Act as a intermediary to pay or accept bribes from a supplier; and
- Engage in any other behavior prohibited by laws and regulations.
Dispute Resolution
Article 99 Principles of Dispute Resolution
The resolution of disputes relating to standardization activities shall be performed on the following basis:
- Equality;
- Justice, transparency and open to inspection; and
- Quick, correct and in compliance with laws and regulations.
Article 100 (New) Forms of Dispute Resolution
Disputes relating to standardization activities may be resolved in the following forms:
- Compromise and Mediation;
- Administrative resolution;
- Resolution by the Economic Dispute Resolution Organization;
- Decision of the People’s Court; and
- Dispute resolution of an international nature.
Article 101 Compromise and Mediation
In the event of a dispute relating to standardization activities, the parties may [resolve the dispute] through consultation, negotiation, compromise or mediation.
Article 102 Administrative Resolution
In the event of a dispute relating to standardization activities, the parties may submit the dispute to the relevant sector authorities to consider and resolve the dispute in accordance with their responsibilities.
Article 103 Resolution by the Economic Dispute Resolution Organization
In the event of a dispute relating to standardization activities, the parties may submit the dispute to the Economic Dispute Resolution Organization to consider and resolve the dispute as provided in the Law on Economic Dispute Resolution as agreed.
Article 104 Resolution by Decision of the People’s Court
In the event of a dispute relating to standardization activities, the parties may file a case with the People’s Court for consideration and a decision in accordance with laws and regulations.
Article 105 (New) Dispute Resolution of an International Nature
In the event of a dispute relating to standardization activities of an international nature, such dispute resolution shall be based on domestic laws or international treaties or conventions to which the Lao PDR is a state party.
Management and Inspection of Standardization Activities
Management of Standardization Activities
Article 106 (Amended) Standardization Activities Management Organizations
The government manages standardization activities in a centralized, unified manner nationwide by assigning the Ministry of Science and Technology as directly responsible and responsible for coordinating with relevant sector authorities, such as: the Natural Resources and Environment, Energy and Mines, Public Health, Industry and Commerce, Public Works and Transport, Agriculture and Forestry, Information, Culture and Tourism, Finance, Education and Sports Sectors and other relevant sector authorities and local administration authorities in the implementation of standardization activities .
Standardization Management Organizations include:
- The Ministry of Science and Technology;
- Provincial and City Science and Technology Divisions; and
- District and Municipal Science and Technology Offices.
Where necessary village standards agencies may be established.
Article 107 (Amended) Rights and Duties of the Ministry of Science and Technology
In the management of standardization activities, the Ministry of Science and Technology has the following rights and duties:
- Research strategies, policy plans, laws and regulations, and plans relating to standardization activities for submission to the government for consideration;
- Issue regulations, decisions, instructions, and guidelines relating to standardization activities;
- Create a foundation of technical material for testing and quality certification;
- Manage, monitor products and goods in the market, shopping centers to ensure that consumers are treated fairly and correctly in accordance with laws and regulations;
- Establish databases, data-information management systems, and disseminate information to instill an awareness in society in regards to standardization activities;
- Direct the implementation of standardization activities nationwide;
- Establish a registry and provide services relating to standardization activities;
- Issue, suspend, and withdraw certificates relating to standardization activities;
- Consider and act on suggestions relating to standardization activities;
- Develop and upgrade public and private sector employees in standardization activities;
- Coordinate the activities of relevant sector authorities and local administration authorities in the implementation of standardization activities;
- Relate and cooperate with international [organizations] on standardization activities;
- Summarize and report regularly to the government on the implementation of standardization activities; and
- Exercise and perform other rights and duties relating to standardization activities as provided in laws and regulations.
Article 108 (Amended) Rights and Duties of Provincial and City Science and Technology Divisions
In the management of standardization activities, provincial and city science and technology Divisions have the following rights and duties:
- Expand the policy plans, regulations, and plans relating to standardization activities of the Ministry of Science and Technology for their own regulations and plans, and implement them;
- Issue regulations, decisions, instructions, and guidelines regarding standardization activities;
- Create a foundation of technical material for testing and quality certification;
- Establish information system, disseminate in order to instill a public awareness on standardization activities within their localities;
- Manage, monitor products and goods in the market, shopping centers to ensure that consumers are treated fairly and correctly in accordance with laws and regulations;
- Issue, suspend, and withdraw certificates relating to standardization activities within the scope of their responsibilities;
- Consider and act on suggestions relating to standardization activities within the scope of their responsibilities;
- Develop and upgrade public and private sector employees in standardization activities;
- Coordinate with relevant sector authorities and other authorities in their localities for the management of standardization activities;
- Summarize and regularly report on the implementation of standardization activities to provincial and city administration organizations and the Ministry of Science and Technology;
- Exercise and perform other rights and duties relating to standardization activities as provided in laws and regulations.
Article 109 (New) Rights and Duties of District and Municipal Science and Technology Offices
In the management of standardization activities, provincial and city science and technology Divisions have the following rights and duties:
- Implement plans, projects, decisions, guidelines of the higher authorities relating to standardization activities;
- Disseminate laws and regulations on standardization activities;
- Manage, monitor the implementation of standardization activities;
- Provide information, propose the creation of technical materials infrastructures relating to standardization activities;
- Propose the development and upgrade of public and private sector employees in standardization activities;
- Manage, monitor products and goods in the market, shopping centers to ensure that consumers are treated fairly and correctly in accordance with laws and regulations;
- Consider and act on suggestions relating to standardization activities;
- Coordinate with relevant authorities in the management of products and goods where necessary;
- Evaluate and regularly report on the implementation of standardization activities to the higher authorities; and
- Exercise and perform other rights and duties relating to standardization activities as provided in laws and regulations.
Article 110 Rights and Duties of other Relevant Sector Authorities
Other sector authorities and agencies, such as Education and Sport, Public Health, Industry and Commerce, Public Works and Transport, Agriculture and Forestry, Information, Culture and Tourism, Finance, Natural Resources and the Environment, Energy and Mines Sectors, and local administration authorities have the rights and duties to coordinate and participate with the Science and Technology Sector in accordance with their roles and responsibilities in the efficient management of standardization activities.
Inspection of Standardization Activities
Article 111 (Amended) Standardization Activities Inspection Organizations
Standardization activities inspection organizations comprise:
- Internal inspection organizations, which are the same standardization activities management organizations as provided in Article 106 of this Law; and
- External inspection organizations, which comprise of the National Assembly the Government Inspection Organization, the Antic-Corruption Organization, the State Inspection Organization, the Lao National Front for Construction, mass organizations, international organizations, the media and the public.
Article 112 Rights and Duties of Internal Inspection Organizations
Internal inspection organizations have the following rights and duties:
- Inspect the implementation of policies and regulations relating to standardization activities;
- Inspect the quality of domestic and imported products and goods circulating in the market, distribution sites, retail stores, warehouses, and production premises;
- Collect samples of products, goods, or materials used in production, business trade, or services, and other materials for inspection;
- Inspect premises, buildings involved in the production, processing or modification of products and goods;
- Inspect documents, certificates relating to the quality control of products and goods in transit for import or export;
- Question individuals or organizations at production, service, and trades premises and other places about the quality of products, goods, services, and the environment;
- Administrative inspection monitoring, and evaluate organizational implementation of laws, decisions, instructions, and guidelines to ensure the compliance with standards and technical regulations; and
- Conduct inspections as assigned and as required by laws and regulations.
Article 113 Rights and Duties of External Inspection Organizations
External inspection organizations have the right and duty to inspect the implementation of standardization activities in their areas of responsibility.
Article 114 Forms of Standardization Activities Inspection
Standardization activities inspection has the following three forms:
- Regular scheduled inspections;
- Irregular inspections with prior notice; and
- Surprise inspections.
Regular inspection refers to an inspection performed regularly that is according to plans and at pre- determined times.
Irregular inspection with prior notice refers to an inspection that is unplanned with advance notice is given to the inspected party.
Surprise inspection refers to a surprise inspection without advance notice to the inspected person.
Inspections shall be strictly carried out in accordance with laws and regulations.
Policies Towards Persons with Outstanding Achievement
And Measures Against Violators
Article 115 Policies Towards Persons with Outstanding Achievement
Individuals, legal entities or organizations which have outstanding achievements in implementing this law shall be commended or receive other policies in accordance with regulations.
Article 116 Measures Against Violators
Individuals, legal entities or organizations that violate laws and regulations on standardization activities shall be warned, re-educated, fined, liable for civil damages, or be subject to criminal penalties depending on the severity of the case as provided by law.
Article 117 (Amended) Re-Education
Individuals, legal entities or organizations that violate laws and regulations on standardization activities unintentionally as a first violation causing damages valued at less than 500,000 (five hundred thousand) Kip shall warned and re-educated.
Article 118 (Amended) Disciplinary Measures
Employees and officials who violate law and regulations relating to standardization activities and prohibitions, whose violations are minor and not subject to criminal penalties and whose violations cause little damages, but made false reports to avoid responsibility for their actions will be disciplined as follows:
- Censure, warned for the violation under civil service rules, and the incident will be recorded in the individual's biographic dossier;
- Dismissal or transfer to other duties at a lower grade;
- Dismissal from civil service without benefits.
Individuals disciplined shall return all assets obtained incorrectly to the organization.
Individuals, legal entities or organizations that violate laws and regulations on standardization activities intentionally, and those who violate the law unintentionally for a second time, whose violations are not subject to criminal penalties, shall be fined twice the amount of damages.
Individuals, legal entities or organizations that cause others to suffer damages as a result of the manufacture, import, export, service, storage, or distribution of products or goods that are of low quality, expired, do not meet standards and other civil violations shall compensate for all damages caused.
Article 121 (Amended) Criminal Measures
Any person who forges, falsifies, or commits fraud with regard to the quality of products, goods, services, or the environment, thereby endangering another, is subject to imprisonment for a period for three months to two years and a fine of 500,000 to 5,000,000 kip.
In the event that the offense results in the serious injury, disability, or death of another person, the offender shall be subject to imprisonment for three years to ten years and a fine of 5,000,000 to 15,000,000 kip.
In the event that the offense results in multiple deaths, the offender shall be subject to imprisonment from 5 years to twenty years and a fine of 15,000,000 to 30,000,000 kip.
In the event of other criminal offenses, the offender will be subject to the provisions of the criminal code.
Article 122 Additional Penalties
In addition to the penalties provided in Article 121 this Law, violators may be subject to additional penalties such as suspension or withdrawal of certification and seizure of assets for the state.
Final Provisions
The government of the Lao Peoples Democratic Republic is responsible for the implementation of this Law.
This law shall become effective from the date of the promulgating decree of the President of the Lao People's Democratic Republic and 15 days after publication in the Government Gazette.
This Law replaces the Law on Standards, No. 13/NA, dated 26 December 2007.
Any provisions that contradict this law are hereby repealed.
President of the National Assembly
[signature and seal]
Pany YATHOTOU
Download English:Law On Standards (Amended) No. 49/NA, dated 18 July 2014
Download Lao:Law On Standards (Amended) No. 49/NA, dated 18 July 2014