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Type: Decision
Responsible Agency: Ministry of Posts and Telecommunications
Issuing Date: 2018-02-08
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Lao People’s Democratic Republic
Peace Independence Democracy Unity Prosperity
---------------------------------
Ministry of Post and Telecommunication No. 3374 / MPT
Vientiane Capital, Date: 14 Nov 2017
Decision
On the Use of unmanned aerial vehicle
- Pursuant to the Law on Radio Frequency No. 17/NA, dated 05 May 2017
- Pursuant to the Prime Minister Decree, no 22/PMO, dated 16 January 2017, on the organization and operation of Ministry of Post and Telecommunications.
- Pursuant to National Frequency Chart No. 2654/PO, dated 13 October 2015.
The Minister of Post and Telecommunications
Hereby issues the following decision:
Chapter I
General Provision
Article 1 Objectives
This Decision determines the principles, regulations, and standards relating to the administration on the use of unmanned aerial vehicles, as unity to the whole nation, to ensure that such work is effective and efficient, aiming to ensure the stability, national security and orderliness of the society, and contribute to the national protection and development.
Article 2 Penalties in Cyber Crime
The unmanned aerial vehicles are radio frequency devices flying without a human pilot on board, they are operated by the ground-based controller outside of aircraft, which the International Telecommunication Union (ITU) names it “unmanned aircraft System (UAS)” or commonly known as “Drones”
Article 3 Definition of Terms
The terms applied in this Decision shall have the meaning as follows:
1. International Telecommunication Union (ITU) refers to an international organization in charge of bilateral agreements on the ICT administration and standards.
2. Radio frequency devices refers to equipment for receiving or sending signal, information, texts, audio, and images through radio frequency.
Article 4 Scope of Application
This Decision is applicable to both domestic and foreign individuals, legal entities, and organizations intending to the use of unmanned aerial vehicles in Lao PDR.
Chapter II
Types of unmanned aerial vehicles and the Importation
Article 5 Types of unmanned aerial vehicles
Unmanned aerial vehicles are divided into 3 types as follows:
- Unmanned aerial vehicles, weight not over 200 g, for toys;
- Unmanned aerial vehicles, weight over 200 g to 2 Kg, for taking photos, videos, entertainment purposes, sports, etc.;
- Unmanned aerial vehicles, weight over 2 Kg, for reporting traffic conditions, filming, broadcasting television, etc.
Article 6 Importation of Unmanned aerial vehicle
Both domestic and foreign individuals, legal entities, and organizations, that desire to import unmanned aerial vehicles, weight over 200 g, shall request the permission from Ministry of Post and Telecommunication.
Chapter III
The Use and Radio Frequency
Article 7 Authorization for the Use of Unmanned Aerial Vehicles
Both domestic and foreign individuals, legal entities, and organizations, that desire to use unmanned aerial vehicles, weight over 200 g, shall request the permission from Ministry of Public Work and Transport and other relevant sectors.
Article 8 Radio Frequency
Unmanned aerial vehicles, weight over 200 g, shall take the radio frequency and transmitter power output as follows:
|
No. |
Radio Frequency (MHz) |
Effective Isotropic Radiated Power mW (E.I.R.P) |
|
1 |
2400-2500 |
100 |
|
2 |
5725-5875 |
100 |
Article 9 General Prohibition
Both domestic and foreign individuals, legal entities, and organizations, are prohibited to conduct the following behaviors:
- Import, manufacture, install, and distribute the unmanned aerial vehicles, weight over 200 g, without authorization;
- Interrupt to officers in performing the equipment installation and inspection of radio frequency;
- Conduct other behaviors in violation of laws and regulations.
Article 10 Prohibition for User of Unmanned Aerial Vehicles
- To use unmanned aerial vehicles, weight over 200 g, in contrast with technical standards as defined by article 8 under this Decision;
- To propagate the radio frequency over safety standards as defined by Ministry of Post and Telecommunication;
- To conduct any other behaviors that violate to laws and regulations.
Chapter V
Measures against violators
Article 11 Education Measures
Individuals, legal entities, and organizations, who violate to this Decision for the first time, which is an unintentional violation and resulted in low-valued damages, shall be subject to warning and education.
Article 12 Measures against violators
Both domestic and foreign individuals, legal entities, and organizations, who violate to this Decision shall be subject to education, disciplinary sanctions, fines, civil compensation, or Criminal sanctions depending on the severity of each case.
Article 13 Fines
Individuals, legal entities, and organizations, that violate to this Decision shall be fined according to the Law on Radio Frequency in the following cases:
- Import, manufacture, install, and distribute the unmanned aerial vehicles, weight over 200 g, without authorization, shall be fined 1.000.000 kip per unit
- Use unmanned aerial vehicles, weight over 200 g, in which the radio frequency and transmitter power output are beyond limitation as defined by article 8 under this Decision, shall be fined 50.000 kip multiply by the wide of the radio frequency.
- Propagate the radio frequency over the safety standards, as defined by Ministry of Post and Telecommunication, shall be fined 50.000 kip multiply by the wide of the radio frequency.
- Violate to any article under this Decision.
Article 14 Civil Compensation
Individuals, legal entities, and organizations, who violate to this Decision by causing damages to others must compensate for the loss caused by them.
Article 15 Criminal Sanctions
Individuals who violate to this Decision, by committing criminal offenses, shall be sanctioned according to the seriousness of the offenses and subject to civil compensation for the loss caused by them.
Chapter VI
Final Provision
Article 16 Implementation
Department of Radio Frequency, coordinates with relevant sectors, shall implement this Decision strictly.
Article 17 Effectiveness
This Decision is effective from the date of signature and after fifteen days of being posted in an official gazette.
Minister
Dr.Thansamay Kommasith
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