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Legal Document
Title: LAW ON MEASUREMENT (Amended) No. 36/NA, dated 13 December 2013
Type: Law
Responsible Agency: Ministry of Science and Technology
Issuing Date: 2013-12-13
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Contents

Chapter I:General Provisions

Article 1.Objective

Article 2 (amended)  Measurement

Article 3 (amended)  Definitions

Article 4 (amended)  Government Policy on Measurement Activities

Article 5 (amended)  Basic Principles Regarding Measurement

Article 6 (amended)  Scope of Application of this Law

Article 7International Cooperation

Part II:Measurement Work

Article 8 (amended)  Measurement Work

Article 9 (new) Measurement Means

Chapter 1:Measurement Units

Article 10.Measurement Units

Article 11 Use of Measurement Units

Chapter 2:Master Calibration Standards

Article 12 (amended)Master Calibration Standards

Article 13.Production of Master Calibration Standards

Article 14.Use of Master Calibration Standards

Article 15 (amended).Verification of Master Calibration Standards

Article 16.Possession of Master Calibration Standards

Article 17.Repair, Replacement, and Cancellation of Master Calibration Standards

Chapter 3:Measurement Tools and Equipment

Article 18 (amended).Production of Measurement Tools and Equipment

Article 19 (amended).Importation of Measurement Tools and Equipment

Article 20 (amended) .Use of Measurement Tools and Equipment

Article 21 (amended).Registration of Measurement Tools and Equipment

Article 22 (amended).Repair Services for Measurement Tools and Equipment

Article 23 (amended).Verification

Article 24 (amended).Calibration

Article 25 (amended).Certification

Article 26 (amended).Cancellation of Certification

Article 27 (new.Activities Relating to Measurement

Article 28 (new).Rules related to the Use of Measurement Tools and Equipment

Chapter 4:Packaged Products

Article 29 (amended).Packaged Products

Article 30.Determination of Net Quantity of Packaged Products

Article 31 (new).Conditions for Packaged Products

Part III:Rights and Obligations of Producers,Sellers, and Service Providers

Article 32.Rights of Producers, Sellers, and Service Providers of Master Calibration Standards, Tools and Equipment

Article 33.Obligations of Producers, Sellers and Service Providers of Master Calibration Standards, Tools and Equipment

Part IV:Prohibitions

Article 34 (amended).Prohibitions for Business Operators

Article 35 (amended).Prohibitions for Measurement Administration and Inspection Officers

Part V:Conflict Resolution

Article 36.Principles for Conflict Resolution 

Article 37 (amended).Forms of Conflict Resolution  

Article 38.Amicable Settlement or Mediation

Article 39 (amended).Administrative Resolution

Article 40 (amended).Resolution by the Economic Resolution Organization

Article 41 (amended).Petition to the People’s Court

Article 42.International Resolution

Part VI:Administration and Inspection of Measurement Activities

Chapter 1:Administration of Measurement Activities

Article 43 (amended).Administrative Agencies for Measurement Activities

Article 44.Rights and Duties of the Ministry of Science and Technology

Article 45.Rights and Duties of Science and Technology Departments at the Provincial and City Level

Article 46 (new).Rights and Duties of Science and Technology Offices at the District and Municipal Level

Article 47.Rights and Duties of Other Sectors

Chapter 2:Inspection of Measurement Activities

Article 48.Inspection Agencies for Measurement Activities

Article 49.Rights and Duties of the Internal Inspection Agencies

Article 50.Rights and Duties of the External Inspection Agencies

Article 51.Administrative and Inspection Officers for Measurement Activities

Article 52 (new).Guidelines for Inspection of Measurement Activities

Article 53 (new).Inspection of Accuracy of Methods of Measurement

Article 54.Forms of Inspections of Measurement Activities

Article 55 (new).Evaluation of Compliance of Measurement Activities

Part VII:Awards for Good Performance and Measures against Violators

Article 56.Awards for Good Performance

Article 57.Measures against Violators

Article 58.Education Measures

Article 59.Disciplinary Measures

Article 60.Fine Measures

Article 61.Civil Measures

Article 62.Criminal Measures

Article 63.Additional Sanctions

Part VIII:Final Provisions

Article 64.Implementation

Article 65.Effectiveness


LAO PEOPLE’S DEMOCRATIC REPUBLIC

PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY

 

The President                                                                                                     No. 056/P

Vientiane Capital, dated 28/01/2014

 

 

DECREE

of the

PRESIDENT

of the

LAO PEOPLE’S DEMOCRATIC REPUBLIC

On the Promulgation of the Law on Measurement (Amended)

____________________

 

  • Pursuant to Item 1, Article 67, Chapter VI of the Constitution of the Lao People’s Democratic Republic;
  • Pursuant to Resolution of the National Assembly No. 014/NA, dated 13 December 2013; and
  • Pursuant to Request Letter of the National Assembly Standing Committee No. 02/SC, dated 23 January 2014.

 

The President

of the Lao People’s Democratic Republic decrees that:

Article 1:The Law on Measurement (Amended) is hereby promulgated.

Article 2:This Presidential Decree is effective from the date of signature.

 

The President of the Lao PDR

[Signature and seal]

Choummaly SAYASONE

 

 

 

LAO PEOPLE’S DEMOCRATIC REPUBLIC

PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY

 

National Assembly                                                                                       No.014/NA                                                                                                                                             

 

 

RESOLUTION

of the

NATIONAL ASSEMBLY

of the

LAO PEOPLE’S DEMOCRATIC REPUBLIC

on

the Adoption of the Law on Measurement (Amended)

 

_____________________

 

Pursuant to Item 2, Article 53 of the Constitution and Item 1, Article 3 of the Law on the National Assembly of the Lao People’s Democratic Republic on the rights and duties of the National Assembly.

After the 6th Ordinary National Assembly’s Session of the VII Legislature have considerably and thoroughly considered the contents of the Law on Measurement (Amended) in the afternoon session on 13 December 2013.

The Session resolved that:

Article 1. To adopt the Law on Measurement (Amended) by majority vote.

Article 2. This Resolution is effective from date of signature.

 

 

Vientiane Capital, dated 13 December 2013

The President of the National Assembly

[Signature and seal]

Pany YATHOTOU

 

 

 

 

 

LAO PEOPLE’S DEMOCRATIC REPUBLIC

PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY

 

National Assembly                                                                                            No. 36/NA

                                                                   Vientiane Capital, dated 13 December 2013

 

LAW ON MEASUREMENT (Amended)

Chapter I

General Provisions

Article 1.Objective

This Law defines the principles, regulations, and measures for the administration and inspection of the operation of measuring activities to ensure that such activities operate in an equal, just, clear, and modern manner; to ensure the legitimate rights and benefits of business operators and users; to facilitate the activities of production, services, exchanges, buying, and selling; to ensure the safety of people and social justice; and to contribute to the protection of the environment and national socio-economic development.

Article 2 (amended)  Measurement

Measurement is a determination of value in digits indicating characteristics, sizes, and quantities of objects by using standardized master calibration standards, tools, and equipment as provided for in Article 10 of this Law.

Article 3 (amended)  Definitions

The terms used in this law have the following meanings:

1.International measurement units means a measurement unit system endorsed by the relevant international organizations;

2.Measurement equipment means tools that are used to carry out measurements, alone or with accessories such as scale weights, electricity meters, water meters, scale plates, level staffs (for leveling telescopes), etc.;

3.Measurement tool and equipment prototype mean tools and equipment created as samples for inspection and certification of correctness before production begins;

4.Traceability means re-inspection of the authorized tolerance values of a master calibration standard, comparing it continuously with more accurate and precise relevant master calibration standards and creating a correlation with national or international standards;

5.Calibration means inspection of the accuracy of measurement tools and equipment by comparing them with less accurate and precise relevant master calibration standards;

6.Verification means calibration of measurement tools and equipment already produced and used in order to certify accuracy in accordance with master calibration standards;

7.Packaging means materials used for packaging things such as a paper boxes, tins, glass bottles, or plastic bottles;

8.Packaged product means a product in packaging or other materials before wholesale or retail sale;

9.Net quantity means the actual weight or volume of products or goods before packaging;

10.Set quantity means the set or estimated weight or volume which may differ from the actual quantity;

11.Rechecked symbol means a symbol used with measurement tools and equipment to certify the accuracy of checked measurement tools and equipment;

12.Symbol of seal on measurement equipment means a symbol that protects measurement equipment from modification, alteration, or the removal of some or most parts;

13.Legal measurement means measurement in accordance with procedures as provided for in the laws, regulations, administrative, and technical rules;

14.Capable organization means an organization capable of certifying, and endorsed by international measurement organizations, mainly the “International Accreditation Forum” (IAF) and “International Laboratory Accreditation Cooperation” (ILAC).              

Article 4 (amended)  Government Policy on Measurement Activities

The Government promotes the use of standardized and legal master calibration standards, measurement tools, and equipment in production businesses, services, exchanges, buying, selling, and daily social affairs to ensure safety and justice.

The Government provides budget, human resources, vehicles, tools, and equipment, and constructs appropriate technical infrastructure, laboratories, standard calibration standards, and training centers to ensure the effective administration and inspection of measurement activities.

The Government encourages both domestic and foreign individuals, legal entities, and organizations to invest in measurement activities, and to contribute to the operation, inspection, and development of modernized measurement.

Article 5 (amended)  Basic Principles Regarding Measurement

Activities regarding measurement are to be implemented based on the following basic principles:

  1. The Government administers measurement activities centrally and equally nationwide by appointing relevant sectors to perform the actual administration;
  2. Measurement activities must ensure accuracy, safety, transparency, fairness, and auditability;
  3. Master calibration standards, measurement tools, and equipment used in the Lao PDR must be in accordance with the standards, laws, and regulations of the Lao PDR;
  4. The measurement system of the Lao PDR must be in accordance with current and real circumstances, international agreements, and conventions to which the Lao PDR is a party

Article 6 (amended)  Scope of Application of this Law

This Law applies to individuals, legal entities, and organizations nationwide that undertake activities relating to measurement, except for traditional exchanges and buying or selling conducted mainly in piles, sheaves, bags, in wrappings, or in baskets.  

Article 7International Cooperation

The Government promotes foreign, regional, and international relations and cooperation regarding measurement activities in the exchange of lessons and information, in building and upgrading knowledge and the capacity of human resources, in attracting assistance, etc. on the principle basis of independence, ownership, equality, and mutual benefits, and in implementing international agreements and conventions to which the Lao PDR is a party.

 

 

Part II

Measurement Work

Article 8 (amended)  Measurement Work

Measurement work are measurement-related activities such as calibration, traceability, and verification of master calibration standards, measurement tools and equipment, certification, accreditation, packaged products, and net quantity.

Measurement activities are necessary to ensure uniformity in measurement, to improve the quality of products and services, and contribute to the promotion of domestic and international trade.

Article 9 (new) Measurement Means

Measurement means include:

1. Measurement units;

2.  Master calibration standards;

3.  Measurement tools and equipment;

4. Packaged products.

In addition, there might also be other means of measurement.

 

 

Chapter 1

Measurement Units

 

Article 10.Measurement Units

Measurement units used in the Lao PDR consist of basic measurement units and sub-measurement units.

Basic measurement units are the same as the units in the metric system or international system (SI) including:

1.      Meter (m)                      is a basic measurement unit of length;

2.      Kilogram (kg)                is a basic measurement unit of weight;

3.      Second (s)                      is a basic measurement unit of time;

4.      Ampere (A)                   is a basic measurement unit of electric current;

5.      Kelvin (K)                     is a basic measurement unit of temperature;

6.      Mole (mol)                    is a basic measurement unit of chemical quantity;

7.      Candela (Cd)                 is a basic measurement unit of light;

Article 11 Use of Measurement Units

Individuals, legal entities, and organizations using measurement units in measurement activities within the Lao PDR shall follow the measurement units as provided for in Article 10 of this Law.

For goods for export, measurement units as provided in paragraph 1 of this Article shall be used, unless parties to an agreement have otherwise agreed.

 

 

Chapter 2

Master Calibration Standards

Article 12 (amended)Master Calibration Standards

Master calibration standards used in the Lao PDR have three levels as follows:

1.Primary master calibration standards are highly precise and standardized master calibration standards which are kept in a location or within an organization performing measurements in accordance with international rules;

2.Secondary master calibration standards are those which are set by calibrating precisely with primary master calibration standards to the same value. Calibration can be conducted directly between primary and secondary standards or in combination with other measurement systems. Secondary standards are less precise than primary standards;

3.Operational master calibration standards are master calibration standards that are used regularly for the calibration of measurement tools and equipment which are commonly used and are less precise than secondary standards.

Procedures and methodology for the accreditation of each level of master calibration standard  are provided for in separate rules.

Article 13.Production of Master Calibration Standards

Individuals, legal entities, or organizations intending to conduct business related to the production of master calibration standards shall follow the provisions of Articles 32 and 33 of this Law.

Article 14.Use of Master Calibration Standards

Each level of master calibration standards is used as follows:

1.Primary master calibration standards are used for the calibration of secondary master calibration standards;

2.Secondary master calibration standards are used for the calibration of operational master calibration standards;

3.Operational master calibration standards are used for the calibration of measurement tools and equipment which are commonly used.

Article 15 (amended).Verification of Master Calibration Standards

The verification of master calibration standards is the examination of the characteristics of measurement results which correlate with references, and with documents for continuous chained recordings, and the results are the causes of tolerance of the measurement.

Verification of each level of master calibration standards shall be conducted through standardized laboratory tests to ensure they match the metric system or international system (SI) depending on usage information, production, and other technical factors.

Master calibration standards used in the Lao PDR shall be verified regularly and periodically depending on the characteristics and each level of master calibration standard to ensure they are identical to the metric system or international system (SI).

Article 16.Possession of Master Calibration Standards

Individuals, legal entities, or organizations may possess primary, secondary, and operational master calibration standards depending on their activities related to measurements.

For possession of primary reference master calibration standards, a notification shall be given to measurement administrative agencies for the purpose of updating their database.

Article 17.Repair, Replacement, and Cancellation of Master Calibration Standards

Reference master calibration standards shall be repaired, replaced, or cancelled in the following cases:

1.Reference master calibration standards with incorrect values according to set rules;

2.Reference master calibration standards stored incorrectly by international measurement standards;

3.Reference master calibration standards not in line with set detailed technical standards.

Reference master calibration standards can be repaired, replaced, or cancelled only after a certification from the relevant laboratory is obtained.

 

Chapter 3

Measurement Tools and Equipment

 

Article 18 (amended).Production of Measurement Tools and Equipment

Individuals, legal entities, or organizations producing measurement tools and equipment shall follow the provisions of Articles 32 and 33 of this Law.

Article 19 (amended).Importation of Measurement Tools and Equipment

Individuals, legal entities, or organizations intending to conduct business to import any type of measurement tools and equipment shall provide documents of accreditation from the exporting countries, and shall follow the laws and regulations of the Lao PDR.

Article 20 (amended) .Use of Measurement Tools and Equipment

Measurement tools and equipment used for services shall be in accordance with the measurement units as provided in Article 10 of this Law, and shall have clear digits or letters which cannot be modified or erased.

In the event that a measurement tool or piece of equipment is too small in size so that digits or letters cannot be set on it, the digit or letter shall be set on a document attached to such measurement tool or piece of equipment.

All types of measurement tools and equipment used in relation to service businesses shall have their accuracy certified by the relevant government agency.

Sectors using measurement tools and equipment for service work related to health, the environment, and assets of users shall follow the provisions of Articles 23 and 24 of this Law.

Article 21 (amended).Registration of Measurement Tools and Equipment

Measurement tools and equipment that might be dangerous to the life or health of humans, plants, animals, or the environment shall be registered with the science and technology sectors before entering into service.

Lists of dangerous measurement tools and equipment are provided in separate rules.

Article 22 (amended).Repair Services for Measurement Tools and Equipment

Individuals, legal entities, or organizations have the right to provide repair services for all types of measurement tools and equipment, and shall be responsible for guaranteeing that such measurement tools and equipment are calibrated after the repairs.

Article 23 (amended).Verification

Measurement tools and equipment that shall be verified by a qualified organization before entering into service are:

1.New measurement tools and equipment;

2.Measurement tools and equipment being used;

3.Newly modified or repaired measurement tools and equipment.

The period of time for verification of measurement tools and equipment is provided for in separate rules.

Article 24 (amended).Calibration

Calibration is the examination of the characteristics of measurement results which correlate with references, and with documents for continuous chained recordings, and the results are the causes of tolerance of the measurement.

Calibration of measurement tools and equipment shall be conducted through standardized laboratory tests to ensure agreement with the metric system or international system (SI) depending on usage information, production, and other technical factors.

Measurement tools and equipment used in the Lao PDR shall be verified regularly and periodically depending on the characteristics of measurement tools and equipment to ensure agreement with the metric system or international system (SI).

The period of time for the calibration of measurement tools and equipment is provided for in separate rules.

Article 25 (amended).Certification

Measurement tools and equipment shall be certified as to accuracy by an agency authorized by the government in accordance with the provisions of Articles 21, 22, 23, and 24 of this Law.

Certification of the accuracy of measurement tools and equipment is divided into the following types:

1.Certificate;

2.Seal;

3.Sticker;

4.Equipment lock.

Certification can be of one or more types at the same time depending on the characteristics of the measurement tools and equipment.

The Ministry of Science and Technology shall announce the types of certification, revise them, and disseminate them to the public.

Article 26 (amended).Cancellation of Certification

A qualified agency or the Ministry of Science and Technology shall cancel the certification of measurement tools and equipment on a case-by-case basis when such measurement tools and equipment are considered not in line with standards, expired, or damaged.

Article 27 (new.Activities Relating to Measurement

Measurement includes the following activities:

1.Recording the operation of measurement activities and exchanging such records among government agencies or other stakeholders;

2.Issuing certificates of the results of the measurements;

3.Exchanging results of verification among government agencies or other stakeholders.

Article 28 (new).Rules related to the Use of Measurement Tools and Equipment

The Ministry of Science and Technology shall set rules related to the use of measurement tools and equipment to protect public safety, the environment, and the property of users, and in line with national and international laws and regulations as follows:

1.Lists of measurement tools and equipment shall be under the control, monitoring, and inspection of measurement administrative agencies;

2.Operation of measurement activities and necessary technical conditions applied to measurement tools and equipment shall be in accordance with international agreements and conventions to which the Lao PDR is a party;

3.The control, monitoring, and inspection of such measurement tools and equipment shall ensure that they are in accordance with the intended purpose and necessary rules of measurement, and shall provide protection against misuse and fraud;

4.Measurement tools and equipment which are not in accordance with official rules shall be repaired, recalled from the market, or taken out of service, depending on each case;

5.Access partially to or operation of measurement tools and equipment such as software, shall be protected by affixing specific seals to avoid alteration;

6.Rules on the use of measurement tools and equipment shall be in accordance with international rules.

 

 

Chapter 4

Packaged Products

Article 29 (amended).Packaged Products

Individuals, legal entities, or organizations operating businesses related to packaged products in the Lao PDR shall affix labels in accordance with the Law on the Protection of Users and related laws. In addition, net quantities shall be determined in accordance with the measurement units as provided for in this Law.

Article 30.Determination of Net Quantity of Packaged Products

The net quantities of packaged products shall be determined for the following cases:

1.If in size, length (meter) shall be specified;

2.If in pieces, in loaf, solid, semi-solid, or mixed with liquid, the weight (kilogram) shall be specified;

3.If liquid or gas, volume (liter, cubic meter) shall be specified.

Article 31 (new).Conditions for Packaged Products

Conditions for packaged products available on the market shall be the following:

1.A label shall be affixed to the packaged products indicating the size of the products in the package using the required units in accordance with laws. The label shall also indicate the name and location of the factory, and the manufacturer or importer;

2.The net quantities of packaged products shall be rechecked by means such as sample collection schedules, test procedures, use of statistics, appropriate guidance, and other documents for relevant government agencies and packagers;

3.Imported packaged products shall be affixed with seals which comply with foreign measurement rules or with compliance seals set by regional or international organizations.

 

 

Part III

Rights and Obligations of Producers,

Sellers, and Service Providers

Article 32.Rights of Producers, Sellers, and Service Providers of Master Calibration Standards, Tools and Equipment

Producers, sellers and service providers of master calibration standards, tools, and equipment have the following rights:

1.To select a service provider for verification, traceability, calibration, and testing for the control of master calibration standards, tools, and equipment;

2.To request a service provider to provide verification, traceability, calibration, and testing regarding service results;

3.To make requests of governmental organizations regarding administration and administrative decisions in accordance with laws and regulations;

4.To exercise other rights as regulated by laws and regulations.

Article 33.Obligations of Producers, Sellers and Service Providers of Master Calibration Standards, Tools and Equipment

Producers, sellers, and service providers of master calibration standards, tools, and equipment have the following obligations:

1.To follow control procedures for master calibration standards, tools, and equipment as provided for in this Law;

2.To cooperate with relevant government officers in performing their inspections and tests in accordance with the laws and regulations;

3.To provide correct information related to technical measurement details of master calibration standards, tools, and equipment;

4.To provide correct advice to customers and users related to procedures for the transportation, storage, maintenance, and use of master calibration standards, tools, and equipment;

5.To pay service fees for verification, traceability, calibration, and testing of master calibration standards, tools, and equipment;

6.To provide evidence of verification, traceability, calibration, and testing of master calibration standards, tools, and equipment as required by relevant government organizations;

7.To carry out other obligations as required by laws and regulations.

 

 

Part IV

Prohibitions

Article 34 (amended).Prohibitions for Business Operators

Business operators involved in measurement activities are prohibited from doing the following:

  1. Providing, selling, or over to sell goods or services in a quantity less than a seller or user expects;
  2. Possessing, installing, or using controlled master calibration standards, tools, or equipment without affixing seals in accordance with the rules or without following inspection rules;
  3. Displaying calculated quantities with the intention of causing misunderstanding or defrauding people;
  4. Advertising goods with incorrect numbers, quantities, or weights;
  5. Displaying measurements of the quality of goods with incorrect prices or quality levels of those goods;
  6. Violating rules related to measurement, recording, transfer of data, or items recorded for measurement administration and inspection officers;
  7. Ignoring the advice and recommendations of measurement administration and inspection officers;
  8. Preventing or delaying the work of measurement administration and inspection officers;
  9. Affixing certification seals or verification seals which are falsified or violate the laws and regulations;
  10. Violating rules regarding the verification, traceability, calibration, and testing of master calibration standards, tools, and equipment as provided in this Law;
  11. Removing locks, stickers, or seals from master calibration standards, tools, and equipment without the approval of relevant government agencies;
  12. Advertising incorrect or falsified measurement results to the public;
  13. Behaving in conflict with regulations and laws.

Article 35 (amended).Prohibitions for Measurement Administration and Inspection Officers

Measurement administration and inspection officers are prohibited from behaving as follows:

  1. Acting irresponsibly or neglecting their duties in performing measurement work;
  2. Performing duties without fairness or being biased toward certain individuals, legal entities, or organizations;
  3. Requesting, asking for, or accepting bribes or taking advantage of their positions for personal, family, and relatives’ gain;
  4. Forcing, threatening, or using violations toward other people relating to measurement activities;
  5. Falsifying, delaying, or holding back documents relating to measurement;
  6. Behaving in conflict with regulations and laws.

 

 

Part V

Conflict Resolution

Article 36.Principles for Conflict Resolution 

Conflict resolution relating to measurement activities shall follow the basic principles below:

  1. Equality;
  2. Fairness;
  3. Speed, correctness, and adherence to laws and regulations.

Article 37 (amended).Forms of Conflict Resolution  

Conflicts concerning measurement activities can be resolved by one of the following forms of resolution:

  1. Amicable settlement or mediation;
  2. Administrative resolution;
  3. Resolution by the Economic Resolution Organization;
  4. Petition to the People’s Court;
  5. International resolution.

Article 38.Amicable Settlement or Mediation

In the event of disputes related to measurement activities, the parties shall try to solve the dispute by consultation, amicable settlement, or mediation to end such disputes.

Article 39 (amended).Administrative Resolution

In the event of disputes related to measurement activities, the parties have the right to submit the dispute to the relevant sectors for consideration in accordance with their responsibility.

Article 40 (amended).Resolution by the Economic Resolution Organization

In the event of disputes related to measurement activities, the parties can submit the dispute to the Economic Resolution Organization for consideration as provided for in the Law on the Resolution of Economic Disputes as agreed by the parties.

Article 41 (amended).Petition to the People’s Court

In the event of disputes related to measurement activities, the parties can submit the dispute to the People’s Court for consideration in accordance with regulations and laws.

Article 42.International Resolution

In the event of disputes related to measurement activities at international level, resolution of such dispute shall follow national laws or agreements or international agreements and conventions to which the Lao PDR is a party.

 

Part VI

Administration and Inspection of Measurement Activities

Chapter 1

Administration of Measurement Activities

Article 43 (amended).Administrative Agencies for Measurement Activities

The Government centrally and uniformly administers measurement activities throughout the country by assigning tasks to the Ministry of Science and Technology as the focal point, in coordination with other ministries, mainly the Ministry of Industry and Commerce, Ministry of Public Works and Transportation, Ministry of Health, Ministry of Agriculture and Forestry, Ministry of Energy and Mines, Ministry of Natural Resources and Environment, and with concerned local administrations.

Measurement administrative agencies are as follows:

1.The Ministry of Science and Technology;

2.Science and technology departments at the provincial and city level;

3.Science and technology offices at the district and municipal level.

In case of necessity, village, mall, or market technical measurement units can be established.

Article 44.Rights and Duties of the Ministry of Science and Technology

In the management of measurement activities, the Ministry of Science and Technology has the following rights and duties:

1.To study strategic plans, policies, laws, regulations, programs, and projects relating to measurement activities, and make proposals to the government for consideration;

2.To translate the government’s strategic plans and policies relating to measurement activities into their plans, programs, and projects, and supervise their implementation;

3.To popularize and disseminate laws and regulations, to organize training, and to provide technical consultation relating to measurement activities throughout the country;

4.To receive notices relating to the possession of primary reference master calibration standards, to create, produce, store, and improve master calibration standards, and to disseminate measurement units continuously in order to meet actual needs;

5.To supervise and monitor the administration and use of  master calibration standards, tools, and equipment at local levels;

6.To conduct verification, traceability, calibration, and tests of  master calibration standards for accuracy;

7.To issue and modify certificates for seals, stickers, or locks for measurement tools and equipment, and to cancel such certificates;

8.To study preventive measures for the distribution of products which are not in line with measurement conditions, and to issue decisions, instructions, advice, and regulations relating to measurement activities;

9.To establish information systems, and to construct a technical infrastructure relating to measurement activities;

10.To consider and solve requests from stakeholders relating to measurement activities;

11.To collaborate and cooperate with other countries, and attend international events relating to measurement activities;

12.To evaluate, summarize, and report about the implementation of measurement activities to the government regularly;

13.To perform other rights and duties as defined in the laws and regulations.

Article 45.Rights and Duties of Science and Technology Departments at the Provincial and City Level

In the management of measurement activities, the science and technology departments at the provincial and city level have the following rights and duties:

1.To translate strategic plans, policies, instructions, and recommendations from higher levels into programs and projects relating to measurement activities, and to implement them;

2.To popularize and disseminate laws and regulations, and to propose to build, train, and upgrade staff capabilities relating to measurement activities;

3.To administer and monitor the implementation of measurement activities;

4.To provide data and information, and to propose the construction of technical infrastructure relating to measurement activities;

5.To administer and monitor the use of measurement tools and equipment in the markets and malls to ensure that users obtain fair measurements, fully in line with laws and regulations;

6.To conduct verification, traceability, calibration, and testing of measurement tools and equipment for accuracy;

7.To propose cancellation of the type of certification provided for in Article 25 of this Law to the Ministry of Science and Technology for consideration;

8.To consider and solve requests from stakeholders relating to measurement activities;

9.To coordinate with relevant stakeholders regarding the production, importation, and use of measurement tools and equipment;

10.To collaborate and cooperate with other countries regarding measurement activities as assigned by higher levels;

11.To evaluate, summarize, and report about the implementation of measurement activities to a higher level regularly;

12.To perform other rights and duties as defined in the laws and regulations.

Article 46 (new).Rights and Duties of Science and Technology Offices at the District and Municipal Level

In the management of measurement activities, the science and technology offices at the district and municipal level have the following rights and duties:

1.To implement programs, projects, instructions, and recommendations from higher levels relating to measurement activities;

2.To disseminate laws and regulations, and to propose to build, train, and upgrade staff capability in relation to measurement activities;

3.To administer and monitor the implementation of measurement activities;

4.To provide data and information, and to propose the construction of technical infrastructure relating to measurement activities;

5.To administer and monitor the use of measurement tools and equipment in the markets and malls to ensure that users obtain fair measurements, fully in line with laws and regulations;

6.To consider and resolve requests from stakeholders relating to measurement activities;

7.To coordinate with relevant stakeholders regarding the production, importation, and use of measurement tools and equipment when necessary;

8.To evaluate, summarize, and report about the implementation of measurement activities to a higher level regularly;

9.To perform other rights and duties as defined in the laws and regulations.

Article 47.Rights and Duties of Other Sectors

In the management of measurement activities, other relevant sectors, mainly industry and commerce, public works and transport, health, agriculture and forestry, energy and mines, natural resources and environment, and relevant local authorities have the right and duty to cooperate with the science and technology sectors in the administration and implementation of measurement activities in accordance with their roles and responsibilities.

 

 

Chapter 2

Inspection of Measurement Activities

Article 48.Inspection Agencies for Measurement Activities

The inspection agencies for measurement activities consist of:

1.Internal Inspection Agencies which are the same agencies as the administrative agencies for measurement activities as defined in Article 43 of this Law;

2.External Inspection Agencies which are the National Assembly, the Government Audit and Anti-corruption Organization, the State Audit Organization, the Lao Front for National Construction, civil society organizations, mass media, and the public.

Article 49.Rights and Duties of the Internal Inspection Agencies

The internal inspection agencies for measurement activities shall have the following rights and duties:

1.To inspect the implementation of laws and regulations relating to measurement activities;

2.To engage in the investigation of cases relating to measurement activities;

3.To propose to relevant stakeholders to consider the imposition of measures against violators of laws relating to measurement activities;

4.To summarize the results of the implementation of inspection activities in each period, and to report to their higher levels regularly;

5.To exercise other rights and perform other duties as stipulated by laws and regulations.

Article 50.Rights and Duties of the External Inspection Agencies

The external inspection agencies shall have the following rights and duties to inspect the implementation of measurement activities in accordance with their areas of responsibility.

Article 51.Administrative and Inspection Officers for Measurement Activities

Administrative and inspection officers for measurement activities at central level are government servants under the Ministry of Science and Technology who are assigned by the Minister of Science and Technology.

Administrative and inspection officers for measurement activities at local level are government servants under Departments or Offices of Science and Technology at provincial or district levels who are directly assigned by directors of Departments or Offices of Science and Technology at provincial or district levels.

Administrative and inspection officers for measurement activities shall have the rights and duties as provided for in Article 49 of this Law.

Article 52 (new).Guidelines for Inspection of Measurement Activities

Inspection of measurement activities is to control activities such as production, exportation, distribution, installation, use, maintenance, and repair of measurement tools and equipment to ensure that they are in line with laws and regulations relating to measurement.

Article 53 (new).Inspection of Accuracy of Methods of Measurement

Inspection of the accuracy of methods of measurement is an inspection of the safety of measurement methods and their compliance with relevant rules before being used or serviced.

Inspection of methods of measurement includes:

1.Measurement methods which are displayed for sale in markets, malls, and used for services;

2.Measurement methods with labels that are written in a language as provided for by laws and regulations;

3.Measurement methods which are evaluated for their compliance with relevant laws and regulations.              

Article 54.Forms of Inspections of Measurement Activities

There are three forms of inspection of measurement activities:

1.Regular scheduled inspection;

2.Non-scheduled inspection with advance notification;

3.Sudden inspection.

A regular scheduled inspection is an inspection that is conducted in accordance with a schedule on a regular basis and at a specified time;

A non-scheduled inspection with advance notification is an inspection outside a schedule in the event of necessity and of which notice shall be given in advance to the person inspected;

A sudden inspection is an emergency inspection without advance notice to the inspected person.

Article 55 (new).Evaluation of Compliance of Measurement Activities

In the event that test data and traceability results are needed, only approved laboratories are allowed to conduct evaluations of compliance.

The Ministry of Science and Technology has the right to assign a capable government or private organization to conduct evaluations of compliance, audit, or inspection of compliance with laws and regulations relating to measurement. Such organizations must be fair and perform their duties in strict compliance with laws and regulations.

The appointment of such an organization shall follow international procedures as set out by the International Accreditation Forum (IAF) and International Laboratory Accreditation Cooperation (ILAC) or as endorsed by an organization of a foreign country approved in accordance with IAF and ILAC procedures.

 

 

Part VII

Awards for Good Performance and

Measures against Violators

Article 56.Awards for Good Performance

Individuals, legal entities, or organizations with outstanding performance in the implementation of this Law on Measurement, especially strict and effective implementation of measurement activities, will receive awards and other policies in accordance with regulations.

Article 57.Measures against Violators

Individuals, legal entities, or organizations that violate this Law on Measurement will be educated, disciplined, fined, or be subject to civil liability or criminal punishment, as determined on a case-by-case basis.

Article 58.Education Measures

Individuals, legal entities, or organizations that violate this Law on Measurement in a manner which is minor, an unintentional and first-time violation, due to not paying proper attention to reporting, not a criminal offence, or not causing damage exceeding five hundred thousand kip in value, will be subject to re-education or warning.

Article 59.Disciplinary Measures

Measurement administrative and inspection staff or officers that violate this Law in a manner which is minor, not a criminal offence, not causing damage exceeding five hundred thousand kip in value, due to not paying proper attention to reporting, or who escape from its offence, will be subject to disciplinary measures such as criticism and verbal warning in accordance with rules for government servants, and these will be recorded in the personnel file of such persons.

In the event that such violations are major, causing damage exceeding five hundred thousand kip in value, due to not paying proper attention to reporting, and who escape from its offence, the disciplinary measures are as follow:

1.Suspension of promotions, salary increases, and awards;

2.Removal from position or demotion to a lower position;

3.Termination of employment as a government servant without any benefits.

Disciplined persons shall return to their organizations all assets that they received improperly.

Article 60.Fine Measures

Individuals, legal entities, or organizations that violate this Law intentionally, or for a second time unintentionally and in a manner which is not a criminal offence, shall be fined twice the value of the damage caused.

Article 61.Civil Measures

Individuals, legal entities, or organizations that violate this Law and provisions in a manner which damages other people, shall compensate for the damage in accordance with the actual value of damage caused.

Article 62.Criminal Measures

Individuals who violate this Law and especially provisions relating to criminal offences shall be subject to sanctions under the criminal law depending on the severity of the case.

Article 63.Additional Sanctions

In addition to sanctions stipulated in Article 62 of this Law, offenders will receive additional sanctions such as suspension or cancellation of licenses, or suspension of the right to use measurement tools and equipment.

 

 

Part VIII

Final Provisions

Article 64.Implementation

The government of the Lao People’s Democratic Republic is to implement this Law.

Article 65.Effectiveness

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.

This law replaces the Law on Measurement No. 07/NA dated 20 December 2010.

Any regulations and provisions that contradict to this law shall be canceled.

 

The President of the National Assembly

[Signature and seal]

Pany YATHOTOU



Download English:LAW ON MEASUREMENT (Amended) No. 36/NA, dated 13 December 2013

Download Lao:LAW ON MEASUREMENT (Amended) No. 36/NA, dated 13 December 2013