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Legal Document
Title: Decision On the Electrical and Electronic Equipment Safety Protection in Lao P.D.R no. 0058/most, dated 12 January 2018
Type: Decision
Responsible Agency: Ministry of Science and Technology
Issuing Date: 2018-06-25
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(Unofficial Translation)

Lao People’s Democratic Republic

Peace Independence Democracy Unity Prosperity

 

Ministry of Science and Technology                                                             No. 0058/MST

                                                                                    Vientiane Capital, Date :12 January 2018

 

Decision

Of the Minister of The Ministry of Science and Technology

On the Electrical and Electronic Equipment Safety Protection in Lao P.D.R

 

  • Pursuant to the Law on Standard (Amended), No. 49/NA, Date: 18 July 2014;
  • Pursuant to the Law on Electronic (Amended), No. 03/NA, Date: 20 December 2011;
  • Pursuant to Decree of the Prime Minister on administration and activities of the Ministry of Science and Technology, No. 314/NA, Date: 29 September 2017;
  • Pursuant to Memorandum of Agreement (MRA) in the area of certification and examination of Electrical and Electronic Equipment of ASEAN Economics’ Prime Minister, Date: 05 April 2002;
  • Pursuant to the Proposal from Department of Standard and Measurement, No. 0950/ MST.DSM, Date 19 December 2017.

 

The Minister of Science and Technology

Hereby issues the following decision:

Chapter I

General Provisions

Article 1. Objective

This Decision determines the principle, rules and measures regarding the management, quality inspection and certification, and safety of electrical and electronic equipment that manufacture, import, export and distribute in Lao P.D.R. under the legitimates, national standards, principles and technical rules, in accordance with regional and international regulations, to ensure safety of consumers and to protect lives, assets and state properties.

Article 2: Electrical and Electronic Equipment

Electrical and electronic equipment (EEE) refer to finished products using alternating and direct current to be the power to work according to the design for household products, economy, trade and other areas regarding to consumers purpose. Especially, electrical and electronic equipment using alternating current from 50 v to 1000 v or using direct current from 70 V to 1500 V.

 

Article 3: Definitions

The term as used in this law have the following meanings:

  1. Business operators on the electrical and electronic equipment mean individuals, legal entities or organizations that register businesses and obtain licenses from relevant sectors in order to operate businesses in accordance with the laws and regulations of Lao P.D.R;  
  2. Consumers mean individuals, legal entities or organizations that use electrical and electronic equipment from business operators;
  3. Officers mean persons who have been assigned by the authorities or relevant government agencies in performing the management and quality or safety inspection of electrical and electronic equipment;
  4. Quality Mark means a symbol to certify the completion of quality or safety inspection for electrical and electronic equipment by relevant authorities.   

Article 4: Scope of Application

This Decision is applicable to individuals, legal entities, organizations that use, manufacture, import, export and distribute the electrical and electronic equipment in Lao P.D.R, except the electrical and electronic equipment in medical and telecommunication areas.

Chapter II

List, Label, Mark, and Inspection

Article 5: List of the Electrical and Electronic Equipment

An items list of electrical and electronic equipment for household products under protection means an items list to be used regularly in society and business, in accordance with ASEAN’s regulation on the electrical and electronic equipment protection, and the economic and social development from time to time. Currently, an items list can be seen from Annex (list of the electrical and electronic equipment).

 

Article 6: Label and Mark

The electrical and electronic equipment of each items or boxes, packaged wrap must be labeled and marked outside where are clearly visible and easy to read, the content of the Label and Mark must be in Lao language. For imported product from foreign countries, the content in Lao language must be in line with foreign language.

 

 

Article 7: Inspection

Any of the electrical and electronic equipment as defined in article 5 above must be inspected to certify a quality and safety from relevant authorities.

Chapter III

Quality Certification, Fees, Fines

Article 8: Quality Certification

Quality certification of the electrical and electronic equipment shall be accomplished according to the inspection procedures and in compliance with the principles of national, regional and international standard.

Quality inspection of the electrical and electronic equipment shall be accomplished for the purpose of a high and safety quality in the term of management, service and customer protection with the following principles:

  1. Ensure on a security of life, asset, environment and a social requirement;
  2. Ensure on an openness, justice, equality, transparency, can be monitored, avoiding discrimination, any barriers to the business, and in compliance with the national, regional and international standard; Comply with the actual practice and capacity for implementation in quality inspection of the electrical and electronic equipment;
  3. Ensure the manufacturers, import, export and distribute by following the principles and procedures of quality inspection for the electrical and electronic equipment;
  4. During performing the inspection, whenever the authorities are on the inspection review, it is required the notification letter or agreement issued by Department of Standardization and Metrology, Provincial and Capital of Department of Science and Technology as assigned.

Article 9: Type of Quality Inspection    

Quality inspection of the electrical and electronic equipment includes three types as following:

  1. To inspect the quality before importation, exportation and distribution of the electrical and electronic equipment;
  2. To inspect the quality of the electrical and electronic equipment that will distribute to the market according to the regular plan (6 months) six months per time;
  3. To inspect the quality of the electrical and electronic equipment that will manufacture, import, export and distribute (as a requesting and claims) emergency inspection without informing the inspected person in advance.

Article 10: Quality Certification

Individuals, legal entities or organizations wishing to obtain the quality certification of the electrical and electronic equipment shall submit the application form to relevant authorities. The documentation attached for the quality certification of the electrical and electronic equipment consist of the following:

  1. A proposal letter from the Business Operator;
  2. A copy of Operating permit;
  3. A copy of a production, importation, exportation and distribution;
  4. A quality inspection from the country of origin for the electrical and electronic equipment that imported (not exceed 6 months from the date of certification issued).  

Article 11: Consideration and Approval.

The Documents consideration and approval procedures consist of the following:

  1. Authority shall consider the submitted documents when receiving all sufficient documents as stipulated in the article 10 above;
  2. The submitted documents for quality certification of the electrical and electronic equipment shall be considered within 3 working days;
  3. After submitted documents are sufficient, complete, have been passed quality inspection in compliance with a national, regional and international standards. The quality certification of the electrical and electronic equipment shall be issued no later than 5 working days after knowing a result of inspection.

Article 12: Quality Certificate

Individuals, legal entities and organizations who import, export and distribute of the electrical and electronic equipment shall be inspected and certified a quality in compliance with related national, regional and national standards.

Article 13: Retention and photocopy of documents.

Documents for quality inspection and certification of electrical and electronic equipment have 03 sets as following:

  1. First set: authority of quality inspection and certification for electrical and electronic equipment retained;
  2. Second set: individual, legal entity and organization who was inspected and certified a quality of the electrical and electronic equipment retained;
  3. Third set: local authority of quality inspection and certification for electrical and electronic equipment retained in order to monitoring.

Article 14: Fees and Fines    

The registration and quality certification of the electrical and electronic equipment subject to a fees and fines as the following:

  1. Fees, Inspection service fees are according to the President’s Statute on Levies and Service Fees applicable from time to time.
  2. Fines are according to the Decree of the Prime Minister on the Fines and Other measures against who violate the law and regulation on Standard and the Decree of the Prime Minister on the Fine and other measure against who violates the law and regulation on the Measurement.

 

 

Chapter IV

Rights and Duties of the Authority of Quality Inspection and Certification

for Electrical and Electronic Equipment

 

Article 15: The Authority of Quality Inspection and Certification

The authority of quality inspection and certification for electrical and electronic equipment refers to the Ministry of Science and Technology by assigning to Department of Standardization and metrology, Provincial and Capital of Department of Science and Technology and other relevant sectors who are authorized in according to the management divisions.

Article 16: Rights of the Authority of Quality Inspection and Certification

The authority of quality inspection and certification for electrical and electronic equipment shall have the following rights:

  1. Manages the quality inspection system of the electrical and electronic equipment in compliance with the standards, national technical regulations, agreements of the regional and international as stipulated.
  2. Collects samples of the electrical and electronic equipment for inspection on the quality in compliance with the national, regional and international standard before importation, exportation and distribution;
  3. After completion of quality inspection of the electrical and electronic equipment, if there is any inconsistent with the national, regional and international standard, it is required to communicate and work with the related functions to warn, write a memo, fines and hold the electrical and electronic equipment.
  4. Exercises other rights as provided by the laws and regulations.

Article 17: Duties of the Authority of Quality Inspection and Certification

The authority of quality inspection and certification for electrical and electronic equipment shall have the following duties:

  1. Coordinates with relevant functions in performing the quality inspection for the electrical and electronic equipment in compliance with the national, regional, international standards;
  2. Cleary determines the implementation period in performing the quality inspection for electrical and electronic equipment to the manufacturer, importer, exporter and distributor (except the emergency inspection)
  3. Introduces manufacturer, importer, exporter, and distributor of electrical and electronic equipment about document approval procedures in performing the quality inspection for electrical and electronic equipment;
  4. Keeps and provides information to relevant sectors in performing the quality inspection for electrical and electronic equipment;
  5. Reports to relevant sectors and high authorities about the process of the performing the quality inspection for electrical and electronic equipment;
  6. Issues the quality certificate for verified electrical and electronic equipment;
  7. Advertise, and disseminate to public on the inspected and verified electrical and electronic equipment through mass media;
  8. Provides information, and participates to regional and international meetings and activities;
  9. Performs other obligations as provided by the laws and regulations.

 

Chapter V

Rights and Obligations for Business operators and consumers

Article 18:  Rights for Operators

Operators shall be entitled to the following rights:

  1. Provide service, and advertisement, for electrical and electronic equipment after the completion of quality inspection and quality certification;
  2. Improve the quality of manufacture and service, and complains to relevant authorities against unfairness in performing inspection for electrical and electronic equipment;
  3. Propose the relevant authorities to re-examine the quality of electrical and electronic equipment that seems insecurity;
  4. Exercise other rights as provided by the laws and regulations.

Article 19: Rights for Consumers

Consumers shall be entitled to the following rights:

  1. Choose any product and service regarding electrical and electronic equipment with entirely satisfactory;
  2. Complain to relevant sectors against the false advertisement and the unfairness on the use of product and service;
  3. Propose to relevant sectors when business operators cause the environmental impacts;
  4. Be informed the information about quality and service of electrical and electronic equipment;
  5. Inform relevant sectors about the violation on standards and technical regulations on electrical and electronic equipment;
  6. Exercise other rights as provided by the laws and regulations.

 

Article 20: Obligations for Business Operators

Operators have the following obligations:

  1. Complete the quality inspection and certification from relevant authorities prior to import, export, or distribute electrical and electronic equipment in Lao PDR;
  2. Take responsibility for any loss caused by electrical and electronic equipment, under the controlled list, which are non-standard and not performing the quality certification from relevant sectors as provided by the law and regulations;
  3. Coordinate with relevant officers in performing the quality inspection for electrical and electronic equipment in each time;
  4. Perform other obligations as provided by the laws and regulations.

Article 21: Obligations for Consumers

Consumers have the following obligations:

  1. Use electrical and electronic equipment on which quality certification have been performed;
  2. Use products and services by following the instructions from service providers;
  3. Perform other obligations as provided by the laws and regulations.

CHAPTER VI

Prohibitions

Article 22: Prohibition of business operations

Business operations are prohibited to conduct following behaviors:

  1. Manufacture, import, export and distribute electrical and electronic equipment which are under the controlled list (See Annex) without the quality inspection and quality certification by Department of Standardization and metrology, Provincial and Capital of Department of Science and Technology as assigned or in according to the management of divisions;
  2. Conduct the false advertisement on electrical and electronic equipment;
  3. Interrupt the officers in performing the inspection, offer bribes and conspire with the quality inspector for electrical and electronic equipment;
  4. Forge documents and certificates on electrical and electronic equipment.

Article 23: Prohibition of Quality Inspector

Quality inspectors are prohibited to conduct following behaviors:

  1. Perform the quality inspection for electrical and electronic equipment without an appointment;
  2. Perform duties with unfairness, or prejudice, to individuals, legal entities, or organizations;
  3. Receive bribes and exercise power, positions and duties for personal benefits;
  4. Falsify and procrastinate time to issue quality certificates;
  5. Disclose the technical information prior to the approval from relevant sectors;
  6. Conduct other behaviors in violation of laws and regulations.

Article 24: Prohibition for individuals, legal entities, or other organizations

Individuals, legal entities, or other organizations are prohibited:

  1. Create obstacles and intervene the inspector in performing the quality inspection for electrical and electronics equipment;
  2. Advertise and promote the nonstandard electrical and electronic equipment;
  3. Cause pollution on environment and society;
  4. Assist or protect the violators on this Decision;
  5. Conceal the misconduct in violation of the laws and regulations;
  6. Conduct other behaviors in violation of laws and regulations.

CHAPTER VII

Incentives for Good Performance and Measures Against Violators

Article 25: Incentives for Good Performance

Individuals, legal entities, and organizations with outstanding performances in implementing this Decision, or other regulations regarding the security management of electrical and electronic equipment, shall be complimented or rewarded by other incentives in accordance with laws and regulations.

Article 26 Measures Against Violators

Individuals, legal entities, and organizations, who violate to this Decision, shall be subject to warning, education, disciplinary sanctions, fines, civil compensation, or criminal sanctions depending on the severity of each case.

Chapter VIII

Final Provision

Article 27 Implementation

Ministry of Science and Technology assigns Department of Standardization and metrology, coordinates with relevant sectors, to implement this Decision strictly.

Article 28 Effectiveness

This Decision is effective from the date of signature and after fifteen days of being posted in an official gazette. 

Minister of Science and Technology

Boviengkham Vongdara

 

 

 

 

 

 

Annex

The List of Electrical and Electronic Equipment

  1. Hot and Cold
    1. Electric stove
    2. Electric toaster
    3. Microwave oven
    4. Pan
    5. Electric coffee percolators
    6. Rice cooker
    7. Electric kettles and jugs for household and similar
    8. Electric water boiler
    9. Electric iron
    10. Table iron
    11. Oven
    12. Electric radiators
    13. Refrigerator
    14. Air conditioner
  2. Motor
    1. Blender
    2. Domestic electric clothes washing machines for household use
    3. Clothe sipping machine
    4. Clothe drying machine
    5. Electric fan
    6. Lionizer
    7. Air ventilation fan
    8. Hair dryers
    9. Curlers and clippers
    10. Electric drills
    11. Grinder
  3.  Light and its compliments
    1. Bulb lamp
    2. Fluorescent lamp
    3. Lamp socket
    4. 3-Pin plugs and sockets outlets
    5. Extension cords
    6. Wires
    7. Cables
    8. Underground cables
    9. Electric meter
    10. UPS., power supply unit
  4. Tools
    1. Welding
    2. Electric grass cutter
    3. Electric saw
    4. Water/air pump
  5. Connection and Office
    1. TV
    2. TV receiver
    3. Wi-Fi router
    4. Mobile cell phone battery
    5. Amplifier
    6. Projector
    7. Computer
    8. Printer Scanner
    9. Copying
  6. Battery
    1. Battery




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