Contents
DECREE On living permanently in the Lao PDR of Foreigner, Lao race and Stateless Persons
Article 2. Living permanently in the Lao PDR
Article 3. Interpretation of Terms.
Article 4. Policies of the Government
Article 5. Obligations of the Persons living permanently in the Lao PDR.
Article 6. Scope of applicability of the decree
Chapter 2: Conditions for requesting to live permanently in the Lao PDR
Article 7. Conditions of the Persons requesting to live permanently in the Lao PDR
Chapter 3: Procedures on the Authorization
Article 8. Submission of Application
Article 9. Attached documents for submission of application.
Article 10. Examination and Consideration
Article 11. Issuance or Cancellation of the Permit
Chapter 4: Fees and Academic Service’s charge
Article 13. Fees and Academic Service’s charge
Chapter 5: Privileges towards Productive Persons and Measures Against Violators
Article 14. Privileges towards Productive Persons
Article 15. Measures Against Violators
LAO PEOPLE’S DEMOCRATIC REPUBLIC
PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY
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Governmen | No. 472/Got |
Vientiane Capital, dated 13/12/2011 |
DECREE
On living permanently in the Lao PDR of Foreigner, Lao race and Stateless Persons
- Based on the law on government of the Lao PDR, No.02/NA, dated 06 May 2003;
- Based on the law on Lao Nationality No.05/NA, dated 17 May 2004;
- Based on the family law improved No.05/NA, dated 26 July 2008;
- Based on the law family registration improved No.12/NA, dated 27 November 2009;
- Referencing to the proposal letter No.06689/MOFA, CD1, dated 15 November 2011 of the Ministry of Foreign Affairs.
The Government issues a Decree:
This decree determines principles, rules and measures regarding the management, monitoring, inspection for consideration and authorization to foreigner, Lao race people and stateless persons to live permanently in the Lao PDR in order to make the implementation of such activities to be conform with laws and regulations and being uniform in the entire country aiming to ensure the stability, order of the society, contribute to the protection and the development of the nation.
Article 2. Living permanently in the Lao PDR
The living permanently in the Lao PDR is referred to the residence, domiciliation, properly making a living or an occupation in the Lao PDR without a limitation of time of the foreigners, Lao race and stateless persons in accordance with the laws and regulations.
Article 3. Interpretation of Terms.
The terms used in this decree have the meaning as follows:
1. Lao citizen is referred to the person who holds a Lao Nationality in compliance with the Lao Nationality Lane;
2. Alien is referred to the person who holds other nationality, but has come to reside, domiciliation, make a living in the Lao PDR, hold alien permanent identify card and the government of such alien has still officially recognized the interested person;
3. Foreigner is referred to the person who holds other nationality that comes into the Lao PDR to perform some duties with a limitation of duration, when the limitation is expired, he/she shall return home;
4. Stateless person is referred to the person who is not a Lao citizen and can not certify which citizen is he/she;
5. Lao race is referred to the person who was born from parents who have the Lao race.
Article 4. Policies of the Government
the government of the Lao PDR authorized to foreigners, Lao race people and stateless persons to live permanently in the Lao PDR according to the provisions of this decree by receiving the protection of rights and legitimate interests as provided in the laws and regulations of the Lao PDR, conventions and international treaties of which the Lao PDR is a party.
Article 5. Obligations of the Persons living permanently in the Lao PDR.
oreigners, Lao race people and stateless persons who have received the authorization to live permanently in the Lao PDR shall comply to the following obligations:
1. Respect to the constitution and the laws of the Lao PDR;
2. Obey the working rules, the livelihood of the society;
3. Respect the tradition and order of the society;
4. Pay customs duties, taxes to the state in accordance with laws and regulations;
5. Protect, construct, develop the nation and safeguard the security;
6. Perform other obligation in accordance with laws and regulations
Article 6. Scope of applicability of the decree
This decree applies to foreigners, Lao race people and stateless persons who live permanently in the Lao PDR, individuals and organizations have the duties to take responsibilities of these mentioned activities.
Chapter 2
Conditions for requesting to live permanently in the Lao PDR
Article 7. Conditions of the Persons requesting to live permanently in the Lao PDR
The person who requests to live permanently in the Lao PDR shall be the person who has not been sentenced to deprivation of liberty due to the previous intentional offense and shall have one of the following criteria:
1. Be foreigners and stateless persons who live continuously legally in the Lao PDR from ten years and more;
2. The person who is originally Lao race:
- Foreigners or stateless persons who were born in the Lao PDR, Previously had a Lao nationality and Lao race by birth;
- Foreigners or stateless persons who were born in foreign countries together with children, grandchildren of which the father, mother was born in the Lao PDR and previously had held Lao nationality by birth;
- Foreigners that have father or mother who is a Lao citizen.
3. Father, mother or children of aliens that have a permanent residence in the Lao PDR for ten years and more;
4. Foreigners and stateless persons who were legally married with Lao citizens, then continuously reside in the Lao PDR for more than two years;
5. Foreign investor who came to invest in some projects and has a registered capital from more than five hundred thousand United States Dollars with a stable activities and continuously operates from more than five years and pays the obligations of customs duties, taxes to the state in accordance with laws and regulations of the Lao PDR;
6. The person who has a professional knowledge at the level of expert which is required by the Lao PDR;
7. The person of which the government of the Lao PDR has given a privilege;
8. Productive persons who have good deeds in the contribution for the cause of liberation of the nation, protection and development of the Lao PDR that have supportive certification and actual activities from concerned organizations.
Chapter 3
Procedures on the Authorization
Article 8. Submission of Application
The person wishing to permanently live in the Lao PDR shall complete the application and submit through according the following procedures:
1. For individual who lives in the Country that the Embassy or the general consulate of the Lao PDR is situated, is to submit through and receive the certification of authenticity from the Embassy or General consulate of the Lao PDR at the country that one’s is residing;
2. For individual who lives in the country where the Embassy or the general consulate of the Lao PDR is not situated, individuals as determined in clause 1, clause 4, clause 5 and clause 7 of Article 7 of this decree and foreigners or stateless of Lao race that have an age of fifteen years old and more which come to reside in the Lao PDR shall submit the application to live permanently in the Lao PDR to the Ministry of Foreign Affair of the Lao PDR.
Article 9. Attached documents for submission of application.
Attached documents for submission of application to live permanently in the Lao PDR are as follows:
1. Application letter to live permanently in the Lao PDR written by oneself 3 copies;
2. Proposal letter from the Embassy or General Consulate situated in foreign country where one’s is living except those who are determined in clause 2 of Article 8 of this decree;
3 copies;
3. Curriculum vitae 3 copies;
4. Criminal clearance certificate 3 copies;
5. Health certificate issued by the hospital of the central, provinces of the Lao PDR or the hospital where the Embassy or General consulate of the Lao PDR is situated that one’s is living 3 copies;
6. Certificate of economic status 3 copies;
7. Stay certificate in the Lao PDR 3 copies;
8. Certificate on the relationship with Lao population for individuals that are determined in clause 2 of Article 7 of this decree 3 copies;
9. Approval letter to be expert for individuals that are determined in clause 6 of Article 7 of this decree 3 copies;
10. Certificate of good deeds and activities for individuals that are determined in clause 8 of Article 7 of this decree 3 copies;
11. Copy of Pass-port 3 copies;
12. Copy of identity card 3 copies;
13. Copy of birth certificate or copy of certificate of blood relations as father or mother
3 copies;
14. Certificate of adoption of children (if any) 3 copies;
15. Wedding certificate (if any) 3 copies;
16. Copy of certificate regarding investment license for investors 3 copies;
17. Photos, size 4 x 6 6 copies;
Article 10. Examination and Consideration
The consideration of application to live permanently in the Lao PDR shall be performed as follows:
1. The Ministry of Foreign is the organ to examine and give opinion towards the application of an individual who proposes to live permanently in the Lao PDR. Thereafter shall be sent to the Ministry of Public Security for consideration;
2. The Ministry of Public Security gives opinions towards the proposed study text of the Ministry of Foreign Affairs then responds to the Ministry of Foreign Affairs in writing;
3. When receiving the approval from the Ministry of Public Security; the Ministry of Foreign Affairs shall notify to the Embassy or the General Consulate of the Lao PDR situated in foreign country in order to issue a permanent visa to live permanently in the Lao PDR. For foreigners who enter to reside in the Lao PDR, the Ministry of Public Security shall be the body to issue a notification to inform the interested person including the notification to inform the Ministry of Foreign Affairs;
4. For individuals that the government has granted privilege shall assign to the Ministry of Foreign Affairs and the Ministry of Public Security to coordinate to examine then submit to the government for consideration.
5. The time frame for the examination and consideration of documents requesting to live permanently in the Lao PDR is based on the completed document and shall be performed according to the following steps:
A. For foreigners and stateless persons that they are not Lao race
- Village Administration The latest not exceed five working days;
- District’s Public Security The latest not exceed fifteen working days;
- Provincial, city’s Public Security The latest not exceed twenty working days;
- Provincial, city’s Administration The latest not exceed thirty working days;
- Embassy or General Consulate The latest not exceed forty five working days;
- Ministry of Foreign Affairs The latest not exceed thirty working days;
- Ministry of Public Security The latest not exceed forty five working days;
B. For Lao race as provided in clause 2 of Article 7 of this decree.
- Village’s Administration The latest not exceed five working days;
- District’s Public Security The latest not exceed ten working days;
- Provincial, city’s administration The latest not exceed ten working days;
- Embassy or General Consulate The latest not exceed twenty working days;
- Ministry of Foreign Affairs The latest not exceed seven working days;
- Ministry of Public Security The latest not exceed thirty working days;
Article 11. Issuance or Cancellation of the Permit
The Ministry of Public Security is the organ to issue or cancel the permit to live permanently in the Lao PDR in accordance with the provisions of this decree
Article 12. Administration of the Person who receive the authorization to live permanently in the Lao PDR
The Ministry of Public Security is the body to control foreigners, Lao race and stateless persons who are authorized to permanently live in Lao PDR by issuing the family book and alien’s card to the mentioned person, including to assign to authorities and local administration of which the interested person is living to take responsibilities to administrate.
Chapter 4
Fees and Academic Service’s charge
Article 13. Fees and Academic Service’s charge
Fees and Academic Service’s charge of the issuance of the permit and the examination of documents of foreigners, Lao race and stateless persons who request to live permanently in the Lao PDR shall be performed as provided in the laws and regulations of the Lao PDR which are promulgated from time to time.
Chapter 5
Privileges towards Productive Persons and Measures Against Violators
Article 14. Privileges towards Productive Persons
Any individual or organization which has an outstanding deeds in the implementation of this decree will receive commendations and other privileges as provided in a specific regulations.
Article 15. Measures Against Violators
Any individual or organization which violates this decree will be educated admonished, imposed to administrative measures, responsible of civil damages, be fined or criminally punished in accordance with the laws depending on the severity of the case.
For the foreigners, stateless persons who obtain the authorization to live permanently in the Lao PDR, if commit an offense against the stability or create a considerable injuries to benefits of the nation or be deprived of liberty for more than five years, the authorization to live permanently in the Lao PDR will be cancelled and [such person] will be expelled from the Lao PDR.
Final Provisions
Assign to the Ministry of Public Security and the Ministry of Foreign Affairs to determine detailed rules according to their scopes of responsibilities in the implementation of this decree.
Ministries, Ministry-Equivalent Organizations, other organizations, all level of local administration shall acknowledge and strictly implement this decree.
This decree shall enter into force from the date of its signature.
Any provisions, regulations which contradict this decree are hereby repealed.
On behalf of the government of the Lao PDR
The Prime Minister
(Seal and Signature)
Thongsing Thammavong