Unofficial translation
Lao People’s Democratic Republic
Peace Independence Democracy Unity Prosperity
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National Assembly No.: 17/NA
Vientiane Capital, dated 05 May 2017
Law on Radio Frequency
Chapter 1
General Provisions
Article 1 Objectives
This Law defines principles, regulations, and measures concerning the management, monitoring and inspection of the organization and operation of radio frequency in order to be effective, efficient, convenient, quick, modern and fair aiming to ensure national security, national safety and order for society, to have regional and international connection, contribute to national protection and development.
Article 2 Radio Frequencies
Radio Frequency is electromagnetic wave that is limited natural resources on the air, universe and under water used for communication with a range of 8.3 kilohertz to 3000 gigahertz.
Article 3 Definitions
The meanings of the terms used in this Law are as follows:
Article 4 Government Policy on Radio Frequency
The Government manages radio frequency centrally across country and has exclusive rights in authorization the usage by individuals, legal entities or organizations.
The Government encourages public and private sectors that meet conditions to use radio frequency in their operation contributing to economic development, socio-cultural, national security and public security, disaster notification and recovery from various disasters, scientific research with effectiveness, efficiency, safety and fairness.
The Government creates conditions and facilitates the management of radio frequency by providing human resources, human resources development, budget, infrastructure and necessary equipment in each period.
The Government encourages and promotes the use of radio frequency by different forms using new and modern technology for highest benefits of society and the country.
Article 5 the Principles of Radio Frequency Operation
Radio frequency operation shall follow the following principles:
Article 6 Scope of Application of this Law
This Law applies to domestic and foreign individuals, legal entities and organizations that use radio frequencies in Lao PDR.
Article 7 International Cooperation
The government promotes relation and cooperation with other countries, the region, and international on radio frequency work through exchange of lessons learned on information, technology in order for such work to have effectiveness, development and implementation of international conventions and agreements to which the Lao PDR is a Party.
Chapter 2
Strategic Plan, National Radio Frequency Allocation Plan on Radio Frequency
Article 8 Strategic Plan on Radio Frequency
The government creates strategic plan on the use of radio frequency that is in line with the National Socio-Economic Development Plan in each period and proposes to the National Assembly for consideration for adoption.
Article 9 National Radio Frequency Allocation Plan
National Radio Frequency Allocation Plan is a plan that allocates radio frequency to be radio frequency spectrum and band that has determined for usage.
Ministry of Post and Telecommunication creates the national radio frequency allocation plan which is in line with the strategic plan on radio frequency in each period and proposes to the Government for consideration for adoption.
Article 10 Radio Frequency Allocation
Radio Frequency is allocated as a band in the National Plan on Radio Frequency in order to define targeted use for one or more communication work.
Ministry of Post and Telecommunications allocates, allots, authorizes, revokes, monitors, recollects and reserves all radio frequencies in Lao PDR which complies with this law, other relevant regulations, National Radio Frequency Allocation Plan, regulations of International Telecommunication Union, international conventions and agreements to which Lao PDR is a party.
Article 11 Radio Frequency Allocation for National Security-Public Security
Ministry of Post and Telecommunications allocates radio frequency for National Security-Public Security that complies with this law and other relevant laws.
In an emergency, regarding the use of radio frequency, The Ministry of National Defense and Ministry of National Security can temporary use a radio frequency channel apart from the ones allocated to, but shall inform the Ministry of Post and Telecommunications.
Article 12 Frequency Allocation for Embassies, Consular, International Organizations and Non-Government Organizations
Frequency Allocation for Embassies, Consular, International Organizations and Non-Government Organizations that are active in Lao PDR is to be implemented according to National Radio Frequency Allocation Plan, regulations of International Telecommunication Union, international conventions and agreements to which Lao PDR is a party.
Article 13 Radio Frequency Range
Radio frequency range is a specific range of radio frequency with many radio frequency bands.
Radio frequency has nine ranges that are used from the fourth range of radio frequency according to international adoption as following:
Radio frequency range may be changed according to the revision of the National Radio Frequency Allocation Plan in each period.
Article 14 the Fourth Frequency Range
The Fourth Frequency is frequency from 8.3 kilohertz to 30 kilohertz and range of frequency from 100 to 10 kilometers, which is used in communications such as maritime telegraph system, under water communications.
Article 15 the Fifth Frequency Range
The Fifth Frequency is frequency above 30 kilohertz to 300 kilohertz and range of frequency from 10 to 1 kilometers, which is used in communications such as AM radio system, maritime navigation and aeronautic communication.
Article 16 the Sixth Frequency Range
The Sixth Frequency is frequency from 300 kilohertz to 3000 kilohertz and range of frequency from 1 kilometers to 100 meters, which is used in communications such as maritime navigation, maritime communication, aeronautic communication, amateur communication, AM radio system.
Article 17 the Seventh Frequency Range
The Seventh Frequency is frequency from 3 megahertz to 30 megahertz and range of frequency from 100 to 10 meters, which is used in communications such as long distance of short frequency communication, amateur communication and aeronautic communication.
Article 18 the Eighth Frequency Range
The Eighth Frequency is frequency from 30 megahertz to 300 megahertz and range of frequency from 10 to 1 meters, which is used in communications such as amateur communication, television, aviation communication, land mobile system and FM radio system.
Article 19 the Ninth Frequency Range
The Ninth Frequency is frequency from 300 megahertz to 3000 megahertz and range of frequency from 1 meter to 100 millimeters, which is used in communications such as mobile phone system, television, earth surveying via satellite and amateur communication.
Article 20 the Tenth Frequency Range
The Tenth Frequency is frequency from 3 gigahertz to 30 gigahertz and range of frequency from 100 millimeters to 10 millimeters, which is used in communications such as satellite communication, microwaves system, radar system, astronomical communication, earth surveying via satellite and meteorology communication.
Article 21 the Eleventh Frequency Range
The Eleventh Frequency is frequency from 30 gigahertz to 300 gigahertz and range of frequency from 10 millimeters to 1 millimeter, which is used in communications such as microwaves system, meteorology communication, earth surveying via satellite, surveying communication and location search and communication for safety.
Article 22 the Twelfth Frequency Range
The Twelfth Frequency is frequency from 300 gigahertz to 3000 gigahertz and range of frequency from 1 millimeter to 100 micrometers as adopted by the international treaties and international agreements that Lao PDR is a Party.
Chapter 3
Radio Frequency Communications
Article 23 Types of Communications
The main types of communications are as following:
Article 24 Stationed Communications
Stationed communications refer to communications between radio frequency stations, which are stations of radio frequency with fixed location such as microwaves systems, short range frequency systems for long distant communications.
Article 25 Mobile Communications
Mobile communications are communications between mobile radio frequency stations and land radio frequency stations or among communications between mobile radio frequency stations such as mobile phone system, phony system, aeronautic communications, maritime mobile communications.
Article 26 Radio Broadcasting and Television
Radio broadcasting and television are audio, visual transmission using radio frequencies in order for people to listen and watch directly such as radio broadcasting short-range systems, radio broadcasting AM systems, radio broadcasting FM systems, Analog and Digital televisions.
Article 27 Satellite Communications
Satellite communications are communications technology that uses radio frequencies to receive, audio transmission, visual and information between one or more land stations and satellite such as radio broadcasting and televisions via satellite, surveying communications and location search via satellite, mobile communications via satellite and stationed communications via satellite all systems.
Article 28 Surveying and Location Search Communications.
Surveying and Location Search Communications are communications technology that transmit or receive information related to quick location and other characteristics of targets such as aviation navigation communications, GPS systems and maritime navigation communications.
Chapter 4
Approval for Use of Frequency
Article 29 Approval for Use of Frequency
Individuals, legal entities and organizations both domestic and foreign that wish to use radio frequency shall obtain an approval from the Ministry of Post and Telecommunications in accordance with conditions stipulated in Article 31 of this law.
In case of emergency, disasters, social assistances and specific work of the government, Ministry of Post and Telecommunications issues a license to use radio frequency on a case by case basis.
Article 30 Use of Short Distant Radio Frequency Equipment
Individuals, legal entities and organizations both domestic and foreign that wish to use short distant radio frequency equipment do not need to obtain an approval to use radio frequency.
Article 31 Criteria for a License to use Radio Frequency
Ministry of Post and Telecommunications allows domestic and foreign individuals, legal entitles or organizations to use radio frequencies based on criteria as following:
Article 32 Application for Radio Frequency Use
Anyone wishes to use radio frequency shall submit an application to the Ministry of Post and Telecommunications.
Documents are as following:
Article 33 Approval of Application
Ministry of Post and Telecommunications considers application for radio frequency use within twenty-five working days from the date received the application provided documents are correct, completed and met criteria as required. In case of documents are not correct, uncompleted an applicant shall be informed by writing within five working days.
In case of a refuse, an applicant shall be informed by writing within five working days.
Article 34 Term of License to use Radio Frequency
A license to use radio frequency has a term longest of one year and can be extended.
Telecommunication services operators can extend a license according provided in the Law on Telecommunications.
For emergency cases, disasters, social assistances and specific work of government, Ministry of Post and Telecommunications issue a license to use radio frequency less than one-year validity based on a case by case basis.
Article 35 Extension of License to use Radio Frequency
Users of radio frequency can extend a license to use radio frequency within sixty days before expiring date.
Such extension will be considered when users of radio frequency implement as following:
Article 36 Suspension of License to use Radio Frequency
A licensee to use radio frequency will be suspended a license in one of the following cases:
Article 37 Termination of License to use Radio Frequency
A licensee to use radio frequency will be terminated a license in one of the following cases:
Ministry of Post and Telecommunications issues a notice of termination of a license for using radio frequency with reasons for such termination of license in writing.
Article 38 Radio Frequency Auction
Radio frequency that generates high revenue, with high market demand, but limited supply shall have an auction as stipulated in laws.
Chapter 5
Fees for using Radio Frequency
Article 39 Fees for using Radio Frequency
Individuals, legal entities or organizations both domestic and foreign that receive a license to use radio frequency shall pay fees based on the rate stipulated in the Presidential Decree on Fees and Service Charges as promulgated in each period.
Article 40 Exemption from Fees for using Radio Frequency
Exemptions from fees for using radio frequency include work related to national security-public security, emergency, danger announcement and relief of disasters for public, unexploded bombs in Lao PDR, national level events based on an agreement of government, embassies and international organizations in accordance with international treaties and agreements that Lao PDR is a Party.
Chapter 6
Rights and Obligations of Radio Frequency Users
Article 41 Rights of Radio Frequency Users
Users of radio frequency have the following rights:
Article 42 Obligations of Radio Frequency Users
Users of radio frequency have the following obligations:
Chapter 7
Importation of Equipment and Safety on Transmission of Radio Frequency
Article 43 Obligations of Radio Frequency Users
Individuals, legal entities or organizations both domestic and foreign that wish to import all types of radio frequency equipment shall request for an approval from the Ministry of Post and Telecommunications in collaboration with relevant line ministries to ensure quality and technical standard.
List of radio frequency equipment, the management of import and use of such equipment are stipulated in separate regulations.
Article 44 Safety on Transmission of Radio Frequency
The Ministry of Post and Telecommunications manages, inspects and certifies safety standard of radio frequency transmission of radio stations, radio frequency equipment within the territory of Lao PDR according to international standards.
Chapter 8
Monitoring-Inspection on the Use of Radio Frequency
and the Reduction of Radio Frequency Disturbance
Article 45 Monitoring-Inspection on the Use of Radio Frequency
The Ministry of Post and Telecommunications in collaboration with relevant line ministries monitor-inspect the use of radio frequency and radio frequency equipment within country including transmission of foreign radio frequencies that intrude in the territory of Lao PDR.
Article 46 Controlling the Use of Radio Frequency
In order to ensure public safety and national security, the Ministry of Post and Telecommunications in collaboration with the Ministry of National Defense, Ministry of Public Security, Ministry of Information, Culture and Tourism implement as following:
Article 47 Reduction of Radio Frequency Disturbance
Individuals, legal entities or organizations both domestic and foreign that receive an approval to use radio frequency shall duly and completely follow conditions set out in a license and shall use standard on reduction of radio frequency disturbance on a case by case basis as following:
Article 48 Resolution for Problems on Radio Frequency Disturbance
Post and Telecommunications Sector is the main body to search for source of radio frequency disturbance and solve problems based on a request from individuals, legal entities or organizations both domestic and foreign when there is a problem related to disturbance to frequency of their radio stations.
In order to solve problems on radio frequency disturbance, the following are to be implemented:
Article 49 Resolution for Problems on Foreign Radio Frequency Disturbance
The Ministry of Post and Telecommunications collaborates with relevant sectors in order to solve problems on foreign radio frequency disturbance by following regulations of International Telecommunication Union, laws, international treaties and agreements to which Lao PDR is a Party.
Chapter 9
Prohibitions
Article 50 General Prohibitions
Individuals, legal entities or organizations are prohibited from the following behavior:
Article 51 Prohibitions for Radio Frequency Staff
Radio frequency staff are prohibited form the following behavior:
Article 52 Prohibitions for Radio Frequency Users
For those who have received an approval to use radio frequency are prohibited from the following behavior:
Chapter 10
Dispute Resolution
Article 53 Forms of Dispute Resolution
Dispute resolution on the use of radio frequency operates under the following forms:
Article 54 Amicable Resolution
In case there is a dispute affecting the use of radio frequency that is not very serious and with small damages, the litigants can consult and compromise with each other to solve such dispute.
Article 55 Arbitration
In case there is a dispute affecting the use of radio frequency that is not very serious and with small damages, the litigants can solve such dispute by arbitration.
Article 56 Administrative Resolution
In case that there is a dispute that cannot reach agreement or cannot be solved by compromising, the litigants have the rights to propose it to the Ministry of Post and
Telecommunications to consider resolution.
Article 57 Resolution by the Economic Arbitration Agency
In case that there is business dispute from a business operation that uses radio frequency, the litigants have the rights to propose it to the Economic Arbitration Agency to consider resolution according to laws.
Article 58 Resolution via the People’s Court
In case that there is a business dispute from a business operation that uses radio frequency, the litigants have the rights to submit a case to the People’s Court to consider resolution according to laws.
Article 59 International Arbitration
In case that there is a dispute with international aspects, it is to be followed relevant laws of Lao PDR, international treaties and agreements to which Lao PDR is a Party.
Chapter 11
Radio Frequency Management
Article 60 Radio Frequency Authority
The Government centralizes the management of radio frequency country wide and in a uniform manner by assigning the Ministry of Post and Telecommunications to directly be responsible for and collaborates with other ministries, ministry equivalent authorities, local authorities, and other relevant sectors.
The radio frequency authorities consist of:
Article 61 Rights and Duties of the Ministry of Post and Telecommunications
The Ministry of Post and Telecommunication on the management of radio frequency has the following rights and duties:
Article 62 Rights and Duties of Divisions of Post and Telecommunications in Provinces, Capital
The Divisions of Post and Telecommunications in Provinces, Capital on the management of radio frequency, according to their scope of responsibilities, have the following rights and duties:
Article 63 Rights and Duties of Offices of Post and Telecommunications in Districts, Municipalities, Cities
The Offices of Post and Telecommunications in Districts, Municipalities, Cities on the management of radio frequency, according to their scope of responsibilities, have the following rights and duties:
Article 64Rights and Duties of Others
Local Authorities and other sectors on the management of radio frequency have the rights and duties in the cooperation and coordination with Post and Telecommunications Sector according to their responsibilities
Chapter 12
Radio Frequency Inspection
Article 65 Radio Frequency Inspection Authorities
Radio Frequency Inspection Authorities consist of:
Internal inspection authority is the same authority that manages radio frequency as provided in Article 60 of this law.
External inspection authorities consist of the National Assembly, Provincial People’s Assembly, State Audit Organization, Government Inspection Authority, Mass Organizations and Mass Media.
Article 66 Inspection Contents
Radio frequency inspection contents contain the following:
Article 67 Inspection Forms
Radio frequency inspection has the three forms as following:
Regular inspection is an inspection according to plan and has definite schedule.
Inspection with prior notification is an inspection outside the plan when it is necessary by twenty-four hours prior notifying persons who will be inspected.
Urgent Inspection is an emergency inspection when it is necessary without notifying persons who will be inspected.
There are both documentation and actual implementation inspection on radio frequency work and to be strictly implemented in accordance with laws.
Article 68 Radio Frequency Inspection Officers
Radio Frequency Inspection Officers are government officers under the Ministry of Post and Telecommunications who are assigned to implement their duties on inspection on usage and transmission of radio frequency in central, local and a specific task.
Radio Frequency Inspection Officers have the following rights and duties:
Chapter 13
Awards for Good Performance and Measures against Violators
Article 69 Awards for Good Performance
Individuals, legal entities or organizations that have outstanding performance in the implementation of this law, such as those who rightly use radio frequency according to targets with effectiveness and efficiency will receive awards or other appropriate policies based on regulations.
Article 70. Measures against Violators
Individuals, legal entities or organizations that violate this law will be educated, disciplined, fined including compensate for damages from civil or criminal punishment depending on a light or serious case basis.
Article 71. Education Measures
Individuals, legal entities or organizations that violate this law for the first time, which do not cause danger or seriousness, without intention, and cause low value damage, will be educated, warned as well as recorded in their personal record document.
Article 72. Disciplinary Measures
Government officers, soldiers, police officers that violate this law such as violate prohibitions in this law, which are not criminal violation will be disciplined according to relevant laws.
Individuals, legal entities or organizations that violate this law such as violate prohibitions in this law, which are not criminal violation will be fined in the following cases:
Article 74. Civil Measures
Individuals, legal entities or organizations that violate this law, which cause damages to the government, public or others shall compensate for such damages.
Article 75. Criminal Measures
Individuals who violate this law that is a criminal offense will be punished according to laws depending on a light or serious case basis.
Chapter 14
Final Provisions
The Government of the Lao People’s Democratic Republic is responsible for the implementation of this law.
This law is effective from the date of the promulgation by the President of the Lao People's Democratic Republic and fifteen days after posting on the Lao Official Gazette.
Any regulations and provisions that contradict to this Law shall be canceled.
President of the National Assembly
[Signature and seal]
Pany YATHORTOU