Lao PDR Commitments in Communication Services under Regional and International Agreements

Key agreements that the Lao PDR has signed in respect of the communications services sector are the:

• WTO General Agreement on Trade in Services

• ASEAN Framework Agreement on Services (9^TH Package of Commitments)

• ASEAN – Australia/New Zealand Free Trade Agreement

• Agreement on the Movement of Natural Persons Agreement

• ASEAN – India Agreement on Trade in Services

WTO General Agreement on Trade in Services

Under the ASEAN- Australia/New Zealand Free Trade Agreement, the Government of Lao did not impose any limitations on national treatment and market access for modes 2 and 3 for:

• Voice telephone service - CPC 7521

• Telegraph services - CPC 7522

• Facsimile services - CPC 7529

No commitments were made for these services sub sectors in respect of mode 1.

As it relates to:

• Telex services - CPC 7523**

• Electronic-mail - CPC 7523**

• Voice mail - CPC 7523**

• Online information and data base retrieval - CPC 7523**,

no commitments were made for the supply of services under mode one, both in respect of market access and national treatment. In relation to mode 2, no commitments were made in regard to national treatment, while for mode 3, there are no limitations on national treatment.

In relation to market access, no limitations have been placed on the supply of services under mode 2, but only Joint venture with Lao services providers is allowed and only through acquisition of existing operators, for mode 3.

For Public pay phone services - CPC 75211 and Electronic message and information services - CPC 75232, no commitments were made in respect of provision of services under mode 1, while no limitations were placed on market access and national treatment for the supply of services under mode 2.  Specific to mode 3, no limitations were placed on market access, but no commitments were made in respect of national treatment, except those horizontally applied.

No limitations on market access or national treatment were made for Data and message transmission services - CPC 7523 and Paging services - CPC 75291.

ASEAN Framework Agreement on Services (9TH Package of Commitments)

This Agreement covers:

• Postal Services (CPC 7511)

• Courier Services, which covers Multi-modal courier services (CPC 75121)

• Telecommunication Services

• Audiovisual services

• Radio and Television Services

For both postal services and courier services, Lao PDR placed no limitations on market access and national treatment for modes 1, 2 and 3.

Telecommunication services comprise

• Voice telephone service (CPC 7521)

• Packet-switched data transmission services (CPC 7523**) (Electronic message and information services (CPC 75232))

• Circuit-switched data transmission services (CPC 7523**)

• (Data and message transmission services (CPC 7523)

• Telex services (CPC 7523**)

• Telegraph services (CPC 7522)

• Facsimile services (CPC 7529)

• Private leased circuit services (CPC 7522**+7523**)

• Other: Paging services (CPC 75291)

• Electronic-mail (CPC 7523**)

• Voice mail (CPC 7523**)

• Online information and data base retrieval (CPC 7523**)

• Electronic data interchange(EDI) (CPC 7523**)

• Enhanced/value-added facsimile services, incl. store and forward, store and retrieve (CPC 7523**)

• code and protocol conversion

• On-line information and / or data processing (incl. transaction processing) (CPC 843**)

• Telecommunication consulting services (CPC 75440)

For these services, Lao PDR placed no limitations on market access and national treatment for modes 1, 2 and 3 (cross border supply of services, consumption abroad and the establishment of commercial presence respectively).

• Audiovisual Services comprise:

• Motion Picture and Video tape production and distribution services (CPC 9611)

• Motion Picture Production (CPC 96112 excl. video tape)

• Motion Picture Distribution (CPC 96113 excl. video tape)

• Motion Picture Projection service (CPC 9612)

For these services,

No limitations were placed on market access and national treatment for modes 1 and 2 (cross border supply of services and consumption abroad respectively).

In respect of mode 3 (establishment of a commercial presence), Joint venture, with a minimum of 49% foreign equity share is the limitation placed on market access. As it relates to the limitation placed on national treatment in relation to mode 3, Lao PDR is unbound except for the commitments indicated in the horizontal section.

• Radio and Television Services (CPC 9613) comprise:

• Radio Services only for production of radio programmes (CPC 96131)

• Television Services only for production of TV programmes (CPC 96132)

For these services, no limitation has been placed on market access for modes 1, 2 and 3 (cross border supply of services, consumption abroad and establishment of a commercial presence respectively). In respect of limitations on national treatment, none have been placed in relation to modes 1 and 2. Specific to mode 3, Lao PDR is unbound, except as indicated in the horizontal commitments.

ASEAN – Australia/New Zealand Free Trade Agreement

Under the ASEAN-Australia/New Zealand Free Trade Agreement, the Government of Lao did not impose any limitations on national treatment and market access for modes 2 and 3 for:

• Voice telephone service - CPC 7521

• Telegraph services - CPC 7522

• Facsimile services - CPC 7529

No commitments were made for these services sub sectors in respect of mode 1.

As it relates to:

• Telex services - CPC 7523**

• Electronic-mail - CPC 7523**

• Voice mail - CPC 7523**

• Online information and data base retrieval - CPC 7523**,

no commitments were made for the supply of services under mode one, both in respect of market access and national treatment. In relation to mode 2, no commitments were made in regard to national treatment, while for mode 3, there are no limitations on national treatment.

In relation to market access, no limitations have been placed on the supply of services under mode 2, but only Joint venture with Lao services providers is allowed and only through acquisition of existing operators, for mode 3.

For Public pay phone services - CPC 75211 and Electronic message and information services - CPC 75232, no commitments were made in respect of provision of services under mode 1, while no limitations were placed on market access and national treatment for the supply of services under mode 2.  Specific to mode 3, no limitations were placed on market access, but no commitments were made in respect of national treatment, except those horizontally applied.

No limitations on market access or national treatment were made for Data and message transmission services - CPC 7523 and Paging services - CPC 75291.

Agreement on the Movement of Natural Persons Agreement

The Agreement further covers the following sub sectors:

• Postal Services

• Courier services (CPC 7512)

• Multi-modal courier services (CPC 75121)

• Telecommunication services which comprise:

• Voice telephone services (CPC 7521)

• Packet-switched data transmission services (CPC 7523**)

• (Electronic message and information services (CPC 75232))

• Circuit-switched data transmission services (CPC 7523**)

• Data and message transmission services (CPC 7523))

• Telex services (CPC 7523**)

• Fascimile services (CPC7521**+7529**)

• Private leased circuit services (CPC 7522**+7523**)

• Electronic mail (CPC 7523**) Voice mail (CPC 7523**)

• On-line information and data base retrieval (CPC 7523**)

• Electronic data interchange (EDI) (CPC 7523**)

• Enhanced / value-added facsimile services, incl. store and forward, store and retrieve (CPC 7523**)

• On-line information and/or data processing (incl. transaction processing) (CPC 843**)

• Other Paging services (CPC 75291)

• Telecommunication consulting services (CPC 75440)

• Telegraph services (CPC 7522)

Audiovisual services

• Motion picture and video tape production and distribution services (CPC 9611)

• Motion Picture Production (CPC 96112 excl. video tape)

• Motion Picture Distribution (CPC 96113 excl. video tape)

• Radio and television services (CPC 9613)

• Radio Services only for production of radio programmes (CPC 96131)

• Television Services only for production of TV programmes (CPC 96132)

In respect of postal services, both in relation to market access and national treatment, Lao PDR is unbound. The supply of Courier services (CPC 7512) is subject only to horizontal commitments.

For telecommunications services, these are agreed to be supplied only on a facilities basis, for public use, with regard to local and national long-distance services. 

In respect of market access for Voice telephone services (CPC 7521), the provision of this service must be in consistence with the Labour Law and Lao on Promotion and Management of Foreign Investment. As it relates to limitations on national treatment, the horizontal commitments apply.

For all other telecommunications services, which include:

• Packet-switched data transmission services (CPC 7523**)

• (Electronic message and information services (CPC 75232))

• Circuit-switched data transmission services (CPC 7523**)

• Data and message transmission services (CPC 7523))

• Telex services (CPC 7523**)

• Fascimile services (CPC7521**+7529**)

• Private leased circuit services (CPC 7522**+7523**)

• Electronic mail (CPC 7523**) Voice mail (CPC 7523**)

• On-line information and data base retrieval (CPC 7523**)

• Electronic data interchange (EDI) (CPC 7523**)

• Enhanced/value-added facsimile services, incl. store and forward, store and retrieve (CPC 7523**)

• On-line information and / or data processing (incl. transaction processing) (CPC 843**)

• Other Paging services (CPC 75291)

• Telecommunication consulting services (CPC 75440)

• Telegraph services (CPC 7522)

Lao PDR is unbound, except as stipulated in the horizontal section.

For Audiovisual services, which comprise:

• Motion picture and video tape production and distribution services (CPC 9611)

  • Motion Picture Production (CPC 96112 excl. video tape)

  • Motion Picture Distribution (CPC 96113 excl. video tape)

  • Radio and television services (CPC 9613)

  • Radio Services only for production of radio programmes (CPC 96131)

  • Television Services only for production of TV programmes (CPC 96132)

Lao PDR is unbound, except as stipulated in the horizontal section.

ASEAN – India Agreement on Trade in Services

The agreement principally covers Telecommunication Services, which include[1]:

• Voice telecom services (CPC 7521)

• Telegraph services (CPC 7522)

• Facsimile services (CPC 7529)

• Telex services (CPC 75233**)

• Electronic-mail (CPC 75233**)

• Voice mail (CPC 7523**)

• Online information and data base retrieval (CPC 7523**)

• Public pay phone services (CPC 75211)

• Electronic message and information services (CPC 75232)

For Voice telecom services (CPC 7521), Telegraph services (CPC 7522)

and Facsimile services (CPC 7529), Lao PDR placed no limitations on market access and national treatment for modes 1 and 2 (cross border supply of services and consumption abroad respectively). In relation to mode 3 (establishment of a commercial presence), the limitations to be applied must be done consistent with the horizontal section. The same holds true for limitations on national treatment.  In providing these services utilizing mode 4 (movement of natural persons), Lao PDR has limited market access stipulating that this service be provided under this mode consistent with the Labour Law and Law on the Promotion and Management or Foreign Investment. The limitation placed on national treatment is the same as in relation to market access with a further stipulation that these services be provided consistent with the Law on Taxation for this mode.

For Telex services (CPC 75233**), Electronic-mail (CPC 75233**), Voice mail (CPC 7523**) and Online information and data base retrieval services (CPC 7523**), no limitations were placed on market access and national treatment for mode 1. For mode 2, no limitations were placed on market access and in relation to national treatment, Lao PDR is unbound. For mode 3, Joint ventures with Lao services providers are required and can only be undertaken through acquisition of existing operators; this is the limitation placed on market access. Specific to national treatment, Lao PDR is unbound, except as stipulated in the horizontal section. For mode 4, the movement of natural persons, Lao PDR is unbound except as stipulated in the horizontal section.

For Public pay phone services (CPC 75211) and Electronic message and information services (CPC 75232), Lao PDR placed no limitations on national treatment and market access for modes 1 and 2 (cross border supply of services and consumption abroad respectively). For mode 3, Joint venture with Lao services supplier is required and represent the principal limitation placed on market access. In relation to limitations on national treatment, Lao PDR is unbound.  For mode 4 in relation to market access and national treatment, Lao PDR is unbound, except as specified in the horizontal section.