Portal
Type: Law
Responsible Agency: Ministry of Public Works and Transport
Issuing Date: 2012-12-18
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Contents
Article 3. Definitions of Terms
Article 4. State Policy on Multi-Transport
Article 5. Principles of Multi-Transport
Article 6. Scope of Law Application
Article 7. International Cooperation
Part II:Operation of Multi-Transport
Chapter 1:Contract and Multi-transport Document
Article 8. Multi-Transport Contract.
Article 9. Multi-Transport Document
Article 10. Contents of Multi-Transport Document
Chapter 2:Rights, Obligations and Responsibilities of Goods Sender
Article 11. Rights of Goods Sender
Article 12. Obligations of Goods Sender
Article 13. Responsibilities of Goods Sender
Chapter 3:Rights, Obligations and Responsibilities of Multi-Transport Operator
Article 14. Rights of Multi-Transport Operator
Article 15. Obligations of Multi-transport Operator
Article 16. Responsibilities of Multi-transport Operator
Article 17. Responsibilities over the Damages of Goods
Article 18. Exclusion of Responsibilities of Multi-transport Operator
Chapter 4:Rights, Obligations and Responsibilities of Goods Receiver
Article 19. Rights of Goods Receiver
Article 20. Obligations of Goods Receiver
Article 21. Responsibilities of Goods Receiver
Chapter 5:Compensation for the Loss of Goods
Article 22. Calculation of Compensation
Article 24. Currency Used for Compensation
Part III:Multi-Transport Enterprise
Article 25. Establishment of Multi-transport Enterprise
Article 26. Condition for the Establishment of Multi-Transport Enterprise
Article 27. Activities of Multi-Transport Enterprise
Article 28.Establishment of Representative Office or Branch of Multi-Transport Enterprise
Part IV:International Freight Forwarder and Goods Dispatch Association
Article 29.Establishment of International Freight Forwarder and Goods Dispatch Association
Article 30.Rights and Duties of the International Freight Forwarder and Goods Dispatch Association.
Article 31.General Prohibition
Article 32.Prohibition for Goods Sender
Article 33. Prohibition for Multi-transport Operator
Article 34. Prohibition for Goods Receiver
Article 35. Prohibition for Authorities and Government Official Involving in Multi-transport
Article 36. Forms of Conflict Resolution
Article 38. Resolution through Administrative Channel
Article 39. Resolution through Economic Dispute Resolution Organization
Article 41. Resolution in International Nature
Article 42. Time limit for Submission a Claim
Part VII:National Transport Committee
Article 43. Establishment of the National Transport Committee
Article 44. Structures of the National Transport Committee
Article 45. Rights and Duties of the National Transport Committee
Part VIII:Management and Inspection of Multi-Transport Task.
Chapter 1:The Management of Multi-transport
Article 46. Multi-Transport Management Authority
Article 47. Rights and Duties of Ministry of Public Works and Transport
Article 48.Rights and Duties of the Division of Public Works and Transport of Province, City
Article 49.Rights and Duties of the Office of Public Works and Transport of District, Municipality
Article 50. Rights and Duties of Village Administrative Authority
Chapter 2:Inspection of Multi-Transport Tasks
Article 51. Multi-transport Tasks Inspection Authority
Article 52. Rights and Duties of Multi-transport Tasks Inspection Authority
Article 53. Contents of Multi-transport Tasks Inspection
Article 54. Approaches for Inspection of Multi-transport Tasks
Part IX:Policies toward Persons with Outstanding Performance and Measures against Violators
Article 55. Policies toward Persons with Outstanding Performance
Article 56. Measures against Violators
Article 57. Re-education Measures
Article 58. Disciplinary Measures
Lao People’s Democratic Republic
Peace Independence Democracy Unity Prosperity
____________________________
National Assembly No. 28/NA
Vientiane Capital, Date 18 Dec 2012
Law
On Multi-Transport
General Provision
This law determines the principles, regulations and measures relating to the authorization, control, administration, monitoring and inspection of the operation of multi- purpose transport business in order to ensure that such transport task become up-to-date, effective, sustainable and cause no impact to the environment, aiming at increasing the transport capacity in integrated with the regional and international level, and contributing to the national social-economic development.
Multi-transport is a continuous form of goods transport with two forms in minimum which includes land transport, train transport, water transport, marine transport, air transport or pipe transport from the Lao PDR to other countries or from other countries to the Lao PDR on the basis of a single version of multi-transport agreement.
Article 3. Definitions of Terms
The terms applied in this law shall have the definitions as follows:
1. Goods refer to objects, belongings, animals, other products with economic value in response to the needs or the necessity of the users, including goods container, tray, packing box, transport vessel or other similar components which are not provided by the multi-purpose transport operator;
2. Multi-transport Operator refers to individual, legal entity or organization which take action or take responsibility on behalf of the goods sender or goods transporter who is engaged in operation of the multi-transport.
3. Goods sender refers to individual, legal entity or organization who possess the goods or who is assigned to be the contract party of the multi-transport with the multi-transport operator;
4. Person who orders goods refers to individual, legal entity or organization who is in demand of goods by making an order from concerned party to dispatch;
5. Goods transporting operator refers to individual, legal entity or organization who provides goods transport service which may be the same person with the multi-transport operator;
6. Giving goods for transportation refers to the handover of goods from goods senders to the multi-transport operator to proceed with the transportation in according to the Contract;
7. Delivery of goods refers to the handover of goods from the multi-transport operator to goods sender or third parties or concerned officials at the destination or at the place specified in the Contract or the delivery place in accordance with the laws and regulations or in according to the trade custom as used to practice;
8. Goods receiver refers to individual, legal entity or organization who has the right to receive goods from the multi-transport operator;
9. Multi-transport document refers to a certificate in which the multi-transport operator issued to goods sender to be used as evidence in performing the multi-transport contract; order
10. Negotiable document refers to any documents which enable those who possess the multi-transport document to receive the goods;
11. Non-negotiable document refers to any documents which cannot assign any persons other than those who are listed in the multi-transport document only;
12. Multi-transport agreement refers to an arrangement between goods sender and multi-transport operator relating to the move of such goods from the Lao PDR to other countries or from other countries to the Lao PDR.
13. In writing refers to the hand written, printing, recording, photocopying, sending the messages through electronic system;
14. Special Drawing Right refers to the financial calculation unit determined by the International Monetary Fund;
15. Unavoidance circumstance refers to the event arisen from the natural disaster, such as floods, storm, earthquakes, or from the creation of human being, such as out-of-control riots;
16. Detriment means malfunction, loss;
17. Malfunction means the status of being broken, shapeless, tearing out, torn out, etc.;
18. Logistics refers to the management system of the goods movement process that have plan setting, control, storage, packing, upload, transport, service and supply of relevant information in an efficient and effective manner from the initial point to the destination based on the customer’s need in a chain basis.
Article 4. State Policy on Multi-Transport
The State promotes individuals, legal entities or organizations both in domestic and international levels to invest in the development of multi-transport tasks in the Lao PDR in order to guarantee the quality, effectiveness, safety, not to cause to the environment, with a growing, up-to-dated and strong manner to be integrated with the regional and international level.
The State encourages and promotes the persons engage in multi-transport to be qualified to access the source of fund, to develop their personnel to have the ability to operate multi-transport business with the aim to contribute to the national socio-economic development.
Article 5. Principles of Multi-Transport
The multi-transport must comply with the main principles as follows:
1. To guarantee the conformity with the national socio-economic development plan, ensure the socio-economic effectiveness and the environmental protection;
2. To guarantee the convenience, quickness, safety, transparency, completeness, being in time, justice and equality before the law;
3. To guarantee the international standard of the service through the use of modern technology;
4. To coordinate between sectors, local administration concerned in order to control, manage, follow up, inspect multi-transport in an effective manner.
Article 6. Scope of Law Application
This law is applied for individuals, legal entities or organizations both in domestic and international aspects who are engaged in multi-transport business from the Lao PDR to other countries or from other countries to the Lao PDR.
This law is not applicable for the multi-transport conducted within the country and the passenger transport.
Article 7. International Cooperation
The State widely opens and promotes the relations and cooperation with foreign countries, regional and international levels regarding the multi-transport tasks through the exchange of lessons, information, sciences, and technology, personnel establishment and upgrading, seeking assistance, investment and the implementation of treaty and international contract in which Lao PDR is a party.
Operation of Multi-Transport
Contract and Multi-transport Document
Article 8. Multi-Transport Contract.
The multi-transport contract is the written agreement between goods sender and multi- transport operator which incurs the rights and obligations with each other, as specified in the contract and this law.
Article 9. Multi-Transport Document
Upon receiving the goods, the multi-transport operator must issue a multi-transport document to be used as evidence to certify the good acceptance as purposed by the good sender.
Such documents must contain the name, signature and seal of the multi-transport operator or his assignee, in according to the laws and regulation of the Lao PDR.
Article 10. Contents of Multi-Transport Document
The multi-transport documents shall have the contents in detail as follows:
- The general character of the goods, necessary symbol indicating the characteristics of the goods, such as number of package or piece, total weigh, quantity, size, category, danger, spoilage or other details provided by goods sender;
- Outside condition of goods; - Name and location of main office of the multi-transport operator;
- Name of goods sender;
- Name of goods receiver as provided by goods sender;
- Date, time and place where the multi-transport operator receives goods delivery;
- Place for delivery goods to goods receiver;
- Date or duration of goods delivery at the goods delivery place;
- Indicate whether multi-transport document is transferable or not;
- Date, time and location for issuing multi-transport document;
- Name and signature of multi-transport operator or his assignee;
- Transport fee for each form, total transport cost and the currency in which the goods sender or goods receiver must pay to the multi-transport operator as agreed by the contract parties;
- Details of roads, forms of transport and uploading site, if it is known in advance;
- Other details as agreed by the parties.
In case that the multi-transport document has any missing content as specified in paragraph 1 of this Article which cause no legal effects to the characteristic of such documents, it shall be considered applicable.
Rights, Obligations and Responsibilities of Goods Sender
Article 11. Rights of Goods Sender
Goods sender has the rights to follow up the information from the multi-transport operator or the goods sender. In case that such goods are damaged or delayed in delivery, the goods sender has the rights to demand for the compensation for such damages in accordance with the contract or the laws and regulations.
Article 12. Obligations of Goods Sender
Goods sender has the rights to declare the nature of the goods, number of package, logo, serial number, weigh, size, volume and quantity. In case that goods are in the form of dangerous, fragile, quickly expired or rotten, the multi-transport operator shall be informed about the natures of such goods and shall be advised to be careful during the transport and shall note down in the multi-transport documents.
Goods sender has an obligation to pay the transport fees to the multi-transport operator in a complete and accurate manner in according to the contract.
Article 13. Responsibilities of Goods Sender
In case that damages incurred due to the failure to declare the dangerous nature of the goods or goods declaration is not in line with the reality and is incomplete as specified in Article 12 of this law, the goods sender must be responsible for such damages.
Rights, Obligations and Responsibilities of Multi-Transport Operator
Article 14. Rights of Multi-Transport Operator
Multi-transport operator has the rights as follows:
- To ask for goods from goods sender in a complete and timely manner in accordance with the contract;
- To ask for goods transport fees from goods sender or goods receiver as mutually agreed;
- To follow up the information regarding the operation of goods transport in each form;
- To inspect the accuracy of goods when receiving goods from goods sender;
- To demand for any shortage amount of transport fees and other expenditures from goods sender or goods receiver.
- To detain goods and inform goods receiver in written in case that the transport fees are not received in according to the contract;
- To make a bid for selling out the retained goods, and to deduct the transport fees and other expenditures as provided in the multi-transport documents;
- To deal with the goods in accordance with the laws and regulations, in case that goods receiver refuses to accept the goods without any reason; 9. To exercise other rights as specified in the laws and regulations.
Article 15. Obligations of Multi-transport Operator
The multi-transport operator has the obligations as follows:
1. To transport goods from the starting point to the termination without causing any damages or to deliver goods completely and properly in accordance with the condition provided in the contract and the multi-transport document;
2. To deliver goods to a person who has the original document, if such are multi-transport documents that can be transferred.
3. To deliver goods to a person who has the original document with the signature of goods sender, if such are multi-transport documents that can be transferred.
4. To deliver goods to a person who has the original document issued in the name of goods sender with certified document, if such are multi-transport documents that can be or cannot be transferred.
5. To deliver goods to a person as declared by goods sender or the person who is assigned by the goods sender, as specified in the multi-transport operator;
6. To maintain safety, orderliness, to protect the natural environment and the society;
7. To return the money remained from detained goods back to the goods sender or goods receiver;
8. To perform other obligations as specified in the laws and regulations.
In case that a goods receiver fails to get the goods or refuses to accept the goods without reason or delays in accepting the goods exceeding the deadline set forth in the contract or the law, the multi-transport operator can promptly distribute such goods while the money obtained from such sale must be returned to the goods receiver after the deduction of any expenditures and damages incurred.
Article 16. Responsibilities of Multi-transport Operator
The multi-transport operator shall have the responsibilities as follows:
- To manage, safeguard goods from the time of accepting the goods from goods sender to the time the goods is delivered to the goods receiver;
- to compensate for any damages of goods or any delays in delivery of goods made by its employees or agents or other authorized persons due to their own mistake, intentional act or recklessness, except for the case specified in Article 18 of this law. In case of any delays in goods delivery which are not provided in the multi-transport contract, the timeframe performed by the multi-transport operation in the past shall be applied.
Article 17. Responsibilities over the Damages of Goods
The responsibilities of multi-transport operator for the damages of goods are as follows:
1. In case that any forms of loss occurred during the multi-transport period are unknown:
- If such multi-transport contract includes marine or water route transportation, the highest amount of compensation shall not exceed 666.67 SDR (Six hundred sixty-six point sixty-seven Special Drawing Right) per one transport unit or 2 SDR (Two Special Drawing Right) per one Kilogram of the total weight of damaged goods;
- If such multi-transport contract excludes marine or water route transportation, the highest amount of compensation shall not exceed 8.33 SDR (Eight point thirty-three Special Drawing Right) per one Kilogram of the total weight of damaged goods.
2. In case that the loss occurred during any period of multi-transport are known, the compensation shall be done in according to the law or the treaty and international convention regarding the scope of responsibilities of multi-transport operator which apply in the country where the loss of goods occurred if specific transportation contract is available at the time. If the law of the country where the loss of goods is occurred fails to determine the scope of responsibilities of the multi-transport operator, the compensation shall be done in accordance with the rules provided in Item 1 of this Article;
3. In case that goods sender has declared the quality and amount of goods in the multi- transport document, the compensation shall be made based on the actual value of goods as declared.
Article 18. Exclusion of Responsibilities of Multi-transport Operator
The multi-transport operator shall be excluded from the responsibilities regarding the loss of goods or the delays in the delivery of goods in any cases as follows:
- Unavoidance circumstance;
- Mistake of goods sender, goods receiver, a representative or agent of such person;
- Good sender, his representative or agent is defective in the packaging process, sticking of logo and incomplete putting of serial number of goods;
- in the management, upload, storage of goods by goods senders, goods receivers or their representative of agents;
- Defect of goods;
- Protest, strike, cease of employment or the lack of labour;
- Loss of goods, delays in delivery of goods during the marine or water route transportation in the following cases:
- The mistake of boat or ship commander, crew working in boat or ship, guide or employee of marine or water route transportation operator in the management and administration of boat or ship;
- Fire arising from the mistake or the act of conspiracy of boat or ship transport operator. In case of any losses arising from technical defects of boat or ship during the marine or water transportation, the multi-transport operator shall not be liable for.
Rights, Obligations and Responsibilities of Goods Receiver
Article 19. Rights of Goods Receiver
Goods receiver has the right as follows:
- Follow up and accept the information from the multi-transport operator or goods sender;
- Ask for compensation in according to the contract or the laws and regulations in case that such goods are damages;
- Accept the goods and ask for compensation due to the delay in delivery;
- Refuse to accept and to pay transportation fees in case of failure to comply with the contract;
- Demand for the remaining part of money from the sale of arrested goods after paying the transportation fees and other expenditures from the multi-transport operator.
In addition, in case that the period of goods delivery exceed ninety days, starting from the delivery day, such goods shall be deemed lost and goods receiver shall have the right to ask for all compensation.
Article 20. Obligations of Goods Receiver
Goods receiver has obligations as follows:
- Check and accept goods based on the list provided in the multi-transport document, such as type of goods, logo, serial number, number of package, transport unit, total weigh, quantity and condition of goods;
- Notify the loss of goods in written to multi-transport operator within seven days, from the date accepting goods onward;
- Pay transportation fees to multi-transport operator fully and accurately in according to the contract or the multi-transport document.
Article 21. Responsibilities of Goods Receiver
Good receiver shall have the responsibilities as follows:
- Make additional payment to the multi-transport operator in case that the money obtained from the sale of arrested goods are not sufficient, including the newly incurred costs such as the cost for bidding, maintenance of goods;
- The total cost of expenditure and damages arisen from unreasonably refusing to accept goods from the multi-transport operator;
- Have responsibilities ad specified in the laws and regulations.
Compensation for the Loss of Goods
Article 22. Calculation of Compensation
The compensation for goods shall be calculated as follows:
1. Based on the price of goods at the place and time of delivery to goods receiver in accordance with the multi-transport contract. If the price is not provide at the time of delivery, the calculation shall be based on the price of goods at the place and time suitably to deliver goods to goods receiver as usually practice;
2. Based on the buying-selling price of goods at the time. If such prices are not available, the actual market price shall be applied. If both the buying-selling price and the actual market price are not available, the calculation shall be based on the normal price of the goods in the same types and quality.
The transport unit includes box, package, piece, pocket, bucket, container, roll, unit, tray, head and others.
Amount of package, box or other transport unit which contain in the goods container, tray or other similar transport vessels whether being declared or not in the multi-transport document shall be deemed as one package or transport unit.
In case of the loss of goods container, tray, or transport vessel which are not owned by or supplied by the multi-transport operator, such container, tray, or transport vessel shall be deemed as separate transport unit.
Article 24. Currency Used for Compensation
The compensation for the damages of goods in the Lao PDR shall be paid in Kip currency, if the calculation is in the Special Drawing Rights (SDR) unit it shall be exchanged to Kip currency at the date of compensation based on the exchange rate provided by the Bank of the Lao PDR in each period.
Multi-Transport Enterprise
Article 25. Establishment of Multi-transport Enterprise
The establishment of multi-transport enterprise shall be complied with the Law on Investment Promotion, Law on Enterprise and other relevant laws.
Article 26. Condition for the Establishment of Multi-Transport Enterprise
In the establishment of multi-transport enterprise, domestic and foreign investors shall meet the following requirements:
- Possess enterprise registration certificate for cross-country transport or dispatch of goods;
- Possess a minimum of 80,000 SDR (Eighty thousand Special Drawing Rights) or have a bank security with equal amount;
- Have insurance for paying for any damages or delays in the delivery of goods.
The establishment of multi-transport enterprise must be inspected from the Ministry of Public Works and Transport.
Article 27. Activities of Multi-Transport Enterprise
After being scrutinized by the Ministry of Public Works and Transport, the investor must apply for enterprise registration with the Ministry of Industry and Commerce before being able to operate business in accordance with the laws and regulations.
The operation of multi-transport activities of ASEAN countries must be done in compliance with ASEAN Agreement on Multi-Transport, multi-transport enterprises from other countries which have entered into a multi-transport agreement with the Lao PDR must comply with such agreement.
Article 28.Establishment of Representative Office or Branch of Multi-Transport Enterprise
Any multi-transport enterprises from foreign countries who wish to establish their representative offices or branches in the Lao PDR must comply with the Law on Investment Promotion and other relevant laws.
International Freight Forwarder and Goods Dispatch Association
Article 29.Establishment of International Freight Forwarder and Goods Dispatch Association
In order to encourage and promote the international transportation and dispatch of the Lao PDR to become network, with alternative, power, effectiveness and the ability to connect with the transport system of ASEAN, regional and international levels, the State grants permission for the establishment of the International Freight Forwarder and Goods Dispatch Association which have the role to gather and represent those who operate business in the field of international freight forwarding and dispatching, in accordance with the laws and regulations, their rules and professional ethics.
The conditions and standards for the establishment of the International Freight Forwarder and Goods Dispatch Association are stipulated in a specific regulation.
Article 30.Rights and Duties of the International Freight Forwarder and Goods Dispatch Association.
The International Freight Forwarder and Goods Dispatch Association has the rights and duties as follows:
1. To conduct studies, research, set its own rules, disseminate the laws and regulation relating to the domestic and international freight and dispatch to the public and its members to understand and acknowledge widely and uniformly for the effective implementation;
2. To establish and improve their own organizations to be growth and become strong, ensure the use of up-to-date sciences, techniques and technology into the transport and dispatch activities with the aim to promote the service and the role of the transport enterprise to be reliable within the country and in abroad;
3. To support and encourage its members to perform their professions in a progressive manner, manage and protect the legitimate rights of its members on the basis of the laws and regulations;
4. Represent the transport operator, give comments to the public works and transport sector regarding the international freight and dispatch tasks;
5. Follow up the activities and give advice to its members in the implementation of the international freight and dispatch tasks;
6. Solve conflict among its members arising during the implementation of the international freight and dispatch under its responsibilities;
7. Become a member of the Federation of ASEAN Freight Forwarder and Dispatch Association and other Federation of International Freight Forwarder and Dispatch Association;
8. Provide the information to its members regarding the transport and the transportation service and transport market both within the country and in abroad;
9. Coordinate with the National Transport Committee in order to consult, exchange views regarding the development and the facilitation for the international transport and dispatch tasks;
10. Organize training courses to upgrade the level of political-idea and vocational field to its members;
11. Liaise, cooperate with foreign countries in regional and international levels regarding the international transport and dispatch tasks as being assigned;
12. Summarize and report on its activities, including the statistical data, to the public works and transports division on a regular basis;
13. Exercise such other rights and perform such other duties as stipulated in the laws and regulations.
Prohibition
Article 31.General Prohibition
Individuals, legal entities or organizations are prohibited from the following behaviours:
1. Operate business related to multi-transport without authorization from relevant sectors or use other person’s license;
2. Falsify license or give bribes to concerned officials in order to obtain a license to operate business related to the multi-transport;
3. Use transport vehicles without registration card, possess a registration card which is inaccurate and fails to meet technical standard;
4. Commit other behaviours that violate the laws and regulations.
Article 32.Prohibition for Goods Sender
Goods sender shall be prohibited from the following behaviors:
- Declare information about goods not in according to the Agreement and inconsistent with the actual goods;
- Falsify goods transport document;
- Delay time to deliver goods or to pay transport fees;
- Delivery of goods which are prohibited or illegal;
- Commit other behaviours that violate the laws and regulations.
Article 33. Prohibition for Multi-transport Operator
The multi-transport operator shall be banned from the following behaviours:
- Operate business not in according to the types being allowed, without a license, with a license that is expired;
- Hide, misrepresent information related to the multi-transport;
- Hinder the investigation and inspection of multi-transport;
- Delay time to deliver goods to the receiver;
- Deliver goods to individual who has no rights to receive;
- Give and accept bribes related to the multi-transport;
- Replace goods, hide and conceal prohibited goods; 8. Commit other behaviours that violate the laws and regulations.
Article 34. Prohibition for Goods Receiver
Good receiver shall have the following behaviours:
- Accept goods which are not belong to oneself, exceeding its entitled amount;
- Declare inaccurate information regarding the loss of goods;
- Delay time to receive goods, pay transport fees and other costs in accordance with the Agreement;
- Commit other behaviours that violate the laws and regulations.
Article 35. Prohibition for Authorities and Government Official Involving in Multi-transport
The authorities and government officials involved in the multi-transport shall have the behaviours as follows:
- Operate business, be adviser, technical staff to the company regarding multi-transport which involve his own responsibilities;
- Claim for, ask for, accept bribes, delay and falsify multi-transport documents, abuse of position for personal interest and for groups;
- Neglect oneself responsibilities toward the improper action of those who operate business related to multi-transport;
- Commit other behaviours that violate the laws and regulations.
Conflict Resolution
Article 36. Forms of Conflict Resolution
The conflict resolution may be conducted through any forms as follows:
- Compromise;
- Resolution in administrative channel;
- Resolution through the Economic Dispute Resolution Organization;
- Court sentence;
- Resolution through international nature.
In case of any conflict arisen from the operation of business related to the multi-transport, the conflicting parties can discuss, negotiate and compromise to each other.
Article 38. Resolution through Administrative Channel
In case of any conflict arisen from the operation of business related to the multi-transport, the conflicting parties can propose to relevant sectors where they obtain a permission to consider in according to the laws and regulations.
Article 39. Resolution through Economic Dispute Resolution Organization
In case of any conflict arisen during the business operation related to multi-transport, the conflicting parties shall have the rights to propose to the Economic Dispute Resolution Organization to consider in according to the laws and regulations.
Once conflict arisen during the business operation related to multi-transport, either party can file a lawsuit to the people’s court for consideration and judgment in according to the laws and regulations.
Article 41. Resolution in International Nature
Regarding the resolution of any conflict related to multi-transport business operation between the multi-transport operator and goods sender or goods receiver, the conflicting parties can propose to the dispute resolution organization within the country, in abroad or at international level based on the agreement reached or to comply with the protocol and international treaty in which the Lao PDR is a party.
Article 42. Time limit for Submission a Claim
Petition with case period of 9 months from the date the goods are delivered to goods receiver onward.
National Transport Committee
Article 43. Establishment of the National Transport Committee
In order to ensure the convenience, quickness, safety of that the management and promotion of all types of transportation in the Lao PDR, and can be connected with the transport system of ASEAN, regional and international level, the State establishes the National Transport Committee which is a non- standing organization, having the role to coordinate within the country and in abroad to manage all types of transportation to have a progress and growth in order to contribute to the National Socio- economic development.
Article 44. Structures of the National Transport Committee
The National Transport Committee comprises of:
- The Minister of Public Works and Transport, as President;
- The Deputy Minister, Ministry of Industry and Trade, as Vice President;
- The Deputy Minister, Ministry of Education, as Member;
- The Deputy Minister, Ministry of Agriculture and Forestry, as Member;
- The Deputy Minister, Ministry of Foreign Affairs, as Member;
- The Deputy Minister, Ministry of Security, as Member;
- The Chief of Cabinet or Director General of concerned ministries; as Member;
- Representative of business in both state and private sectors, as Member.
The National Transport Committee is appointed by the Prime Minister and has its Secretariat Office, through the appointment of the President of the National Transport Committee, located in the Ministry of Public Works and Transport.
Article 45. Rights and Duties of the National Transport Committee
The National Transport Committee has the rights and duties as follows:
- Study, research on policy, strategic plan, laws and regulations related to transportation tasks;
- Set up its work plan periodically and coordinate the transportation tasks with other sectors;
- Encourage, promote all types of transportation to a growth, with the use of modern sciences, technique and technology, aiming at enabling the domestic and international transport to become convenient, quick, safe, effective and without any impacts to the environment;
- Study and determine transport road network, all forms of transportation fees structures in order to propose to the Government for consideration;
- Provide comments to the technical standard of transport vehicles based on the suggestion of concerned transport sector;
- Study on uniformed use of transport document which can be linked with the international transport system;
- Study on procedures, coordinate, follow up and solve any problems that obstruct the transportation;
- Contact and cooperate with foreign countries, regional and international levels regarding the transport task as assigned;
- Assess, review and report the implementation of transportation tasks to the Ministry of Public Works and Transport and the Government on a regular basis;
- Exercise other rights and perform other duties in accordance with the laws and regulations or as assigned by higher authority.
Management and Inspection of Multi-Transport Task.
The Management of Multi-transport
Article 46. Multi-Transport Management Authority
The Government is charged with the management of multi-transport in a centrally and uniformed manner throughout the country by assigning the Ministry of Public Work and Transport to be directly in charge and coordinate with other ministries, organizations and local administration concerned.
The Multi-transport Management Authority comprises of:
- Ministry of Public Works and Transport;
- Division of Public Works and Transport of Province, Capital City;
- Office of Public Works and Transport of District, Municipality;
- Village Administrative Authority.
Article 47. Rights and Duties of Ministry of Public Works and Transport
In the management of multi-transport task, the Ministry of Public Works and Transport has the rights and duties as follows:
- Study policy, strategic plan, master plan and laws and regulations related to multi- transport tasks in order to propose to the Government for consideration;
- Materialize policy, strategic plan, resolution of the Government regarding the multi- transport task to turn into the program, plan and project;
- Publicize, disseminate policy, strategic plan, master plan and laws and regulations related to the multi-transport task;
- Supervise, encourage, follow up the implementation of policy, strategic plan, master plan, laws and regulations, investment plan and development plan related to the transportation;
- Facilitate the activity of the National Transport Committee related to transport task, in particularly the supply of budget, vehicle and necessary equipment;
- Study, determine operation indicator, timetable and technical standard related to multi- transport tasks, cull for technology which is appropriate, up-to-date as well as the implementation guideline;
- Study, give comments regarding fees and service charges related to the multi-transport;
- Study, solve administrative dispute during the operation of multi-transport business;
- Study, consider about the investment, extension, suspension and cancellation of business related to multi-transport;
- Improve organizations under its jurisdiction, build, train, upgrade knowledge and capacity on multi-transport to staff;
- Coordinate with other sector and local administrative authority regarding the multi- transport task;
- Contact and cooperate with foreign countries, regional and international levels regarding the multi-transport task;
- Sum up and report the outcome of the implementation of multi-transport task to the Government on a regular basis;
- Exercise such other rights and perform such other duties as specified in the laws and regulations.
Article 48.Rights and Duties of the Division of Public Works and Transport of Province, City
In the management of multi-transport tasks, the Division of Public Works and Transport of province, city shall have the rights and duties as follows:
- Materialize policy, strategic plan and development plan related to the multi-transport tasks under the scope of its jurisdiction;
- Publicize, disseminate and educate the laws and regulations related to the multi- transport tasks within its locality;
- Manage, follow up the operation of business related to multi-transport and give comments to the investment, extension, suspension and cancellation of such business operation within the province, city under its jurisdiction;
- Summarize statistic regarding the multi-transport tasks in its own locality;
- Facilitate and solve any disputes related to the multi-transport under its responsibilities;
- Contact and cooperate with foreign countries, regional and international levels regarding the multi-transport task as assigned by higher authority;
- Sum up and report the outcome of multi-transport implementation within its province, city to the Ministry of Public Works and Transport and to the provincial administrative authority on a regular basis;
- Exercise such other rights and perform such other duties as provided in the laws and regulations and as assigned by higher authority.
Article 49.Rights and Duties of the Office of Public Works and Transport of District, Municipality
In the management of the multi-transport tasks, the Office of Public Works and Transport of district, municipality shall have the rights and duties as follows:
- Give cooperation and provide convenience to multi-transport operator within its district, municipality;
- Implement program, plan, project related to multi-transport;
- Follow up multi-transport operation within the district, municipality in according to its scope of responsibilities;
- Supervise, follow up village administrative authority regarding the multi-transport tasks;
- Collect information, statistic related to the multi-transport tasks;
- Solve any disputes arisen in relation with the multi-transport based on its scope of responsibilities;
- Sum up and report its own performance to the Division of Public Works and Transport of province, city and to the District, Municipal Administrative Authority on a regular basis;
- Exercise such other rights and perform such other duties as specified in the laws and regulations and as assigned by higher authority.
Article 50. Rights and Duties of Village Administrative Authority
In the management of the multi-transport tasks, the village administrative authority shall have the rights and duties as follows:
- Disseminate orders, decisions, instructions regarding the transportation to the people within its village boundary;
- Provide cooperation, convenience and safety to transport tasks;
- Follow up and report on the situation of transport tasks within the village territory.
Inspection of Multi-Transport Tasks
Article 51. Multi-transport Tasks Inspection Authority
The Multi-transport Tasks Inspection Authority comprises of two categories as follows:
- Internal Inspection Authority is the same authority as the Multi-transport Management Authority, as specified in Article 46 of this law.
- External Inspection Authority:
- National Assembly, as specified in the Law on the Oversight of the National Assembly;
- The Government Inspection and Counter-corruption Organization, as specified in the Law on State Inspection;
- State Audit Organization, as specified in the Law on State Audit;
- The Lao Front for National Construction, mass organizations, public and mass media.
The external inspection has the intention to inspect the performance of duties of the Multitransport Management and Inspection Authority to ensure its strength, transparency, fairness and effectiveness.
Article 52. Rights and Duties of Multi-transport Tasks Inspection Authority
The Multi-transport Tasks Inspection Authority has the rights and duties to comply with the contents and approaches specified in Article 53 and 54 of this law.
Article 53. Contents of Multi-transport Tasks Inspection
- To inspect the implementation of policy, strategic plan, laws and regulations, investment plan, development and maintenance of infrastructures and facilities concerning multi-transport tasks;
- To inspect the activities of the multi-transport operators and the International Freight Forwarders and Dispatch Association;
- To inspect the use of technical standard of vehicle, all types of equipment serving in the multi-transport;
- To inspect the impact to the environment due to the performance of the multi-transport tasks.
Article 54. Approaches for Inspection of Multi-transport Tasks
The inspection of multi-transport tasks comprises of three approaches as follows:
1. Inspect on a regular basis which is an inspection conducted in according to the plan on a regular basis and with certain timeframe;
2. Inspect through advance notice which is an out-of-plan inspection when necessary by informing the inspection target in advance;
3. Emergency inspection which is an urgent type of inspection without informing the inspection target in advance.
In the process of multi-transport inspection, the implementation must strictly comply with the laws and regulations.
Policies toward Persons with Outstanding Performance and Measures against Violators
Article 55. Policies toward Persons with Outstanding Performance
Individuals, legal entities or organizations that have outstanding accomplishment in performing the laws and regulations relevant to the multi-transport tasks, such as carry out quality multi-transport by ensuring safety, convenience, transparency, orderliness, good protection of environment, and strictly adhere to the regulation on transportation fee shall be complimented and be rewarded with other policies in accordance with the regulations.
Article 56. Measures against Violators
Individuals, legal entities or organizations that violate the laws and regulations relevant to the multi-transport tasks, such as any prohibitions, shall be subjected to re-education, disciplinary, fine, civil compensation or punishment that is commensurate with the violation.
Article 57. Re-education Measures
Individuals, legal entities or organizations that violate the laws and regulations relevant to the multi-transport tasks such as prohibitions with minor loss and which is not criminal offence shall be subject to re-education, warning.
Article 58. Disciplinary Measures
Officials or staff involved in the management of multi-transport tasks that have violated the laws and regulations related to the multi-transport tasks, such as any prohibition which is not deemed a criminal offence, cause minor loss and is insincere to report the offence, escape from one’s own crime shall be imposed with some regulations, such as warning, suspension of promotion or being dismissed without any excuses.
Individual, legal entities or organizations that violate the laws and regulation related to the multi-transport tasks which cause any damages but lack of criminal offence element shall be fine in the following cases:
- Operate business dealing with multi-transport without permission or not properly use the types of business license being granted or use of a license which is expired.
- Lease or transfer its own enterprise registration certificate to others;
- Contain or load goods not in according to the regulations;
- Upload goods not in line with required places or time;
- Use of vehicle without proper registration certificate or that not meet technical standard;
- Use other person’s license or let other persons use one’s own license to operate multi- transport business. The rate of fine is provided in the specific regulation.
Individuals, legal entities or organizations that violate the laws and regulations regarding multi- transport tasks which has caused the loss of other person’s asset shall be subject to compensate for the loss one’s caused.
Individuals who violate the laws and regulations related to multi-transport tasks which is considered as criminal offence shall be punished as stipulated in the Penal Law.
Final Provision
The Government of the Lao People’s Democratic Republic is in charge with the implementation of this law.
This law shall become effective after 120 days from the date the President of the Lao People’s Democratic Republic issues the promulgation decree onward.
Any decrees, provisions which contradict with this law are hereby annulled.
President of National Assembly
[Signed and sealed]
Pany Yathotu
Download English:Law On Multi-Transport No. 28/NA, dated 18 December 2012
Download Lao:Law On Multi-Transport No. 28/NA, dated 18 December 2012