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Lao People's Democratic Republic

LA032

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Law No. 49/NA of July 18, 2014, on Standards

 Law No. 49/NA of July 18, 2014, on Standards

Unofficial translation

[Official Emblem]

LAO PEOPLE’S DEMOCRATIC REPUBLIC

PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY

________________

President No. 181/P

Vientiane Capital, Dated 10.9.2014

DECREE

of the

PRESIDENT

of the

LAO PEOPLE’S DEMOCRATIC REPUBLIC

On the Promulgation of the Law on Standards (Amended)

- Pursuant to the Constitution of the Lao People’s Democratic Republic, Chapter VI, Article,

67, Item 1;

- Pursuant to Resolution No. 07/NA, dated 18 July 2014, of the National Assembly;

- Pursuant to Proposal No. 030/NASC, dated 22/08/2014, of the National Assembly Standing

Committee.

The President of the Lao People’s Democratic Republic

Decrees That:

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

Article 2. This decree shall enter into force on the date it is signed.

The President of Lao People’s

Democratic Republic

[Seal and Signature]

Choummaly SAYASONE

[Official Emblem]

Unofficial translation

LAO PEOPLE’S DEMOCRATIC REPUBLIC

PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY

National Assembly No. 07/NA

RESOLUTION

of the

NATIONAL ASSEMBLY

of the

LAO PEOPLE’S DEMOCRATIC REPUBLIC

On the Adoption of the Law on Standards (Amended)

- Pursuant to Article 53, Item 2 of the Constitution and Article 3, Item 1 of the Law on the

National Assembly of the Lao People's Democratic Republic Regarding the Rights and

Duties of the National Assembly.

After broad consideration at the morning of 18 July 2014 at the 7th Session General Assembly

VII regarding the contents of the Law on Standards (Amended).

The General Assembly Resolves to:

Article 1. Adopt The Law on Standards (Amended) by majority resolution.

Article 2. This resolution shall enter into force on the date it is signed.

Vientiane Capital, dated 18 July 2014

President of the National Assembly

[Seal and Signature]

Pany YATHOTOU

Unofficial translation

[Official Emblem]

Lao Peoples Democratic Republic

Peace Independence Democracy Unity Prosperity

National Assembly No.49/ NA

Vientiane, Dated, 18 July 2014

Law

On Standards (Amended)

Chapter I

General Provisions

Article 1 (Amended) Objectives

This Law determines the principles, regulations, [and] measures regarding the establishment,

operations, management, and inspection of standards and technical regulations for products,

goods, services, processes, and the environment in order to encourage, improve and ensure that

production, services, socio-economic operations and environment protection with the aim of

ensuring that the above have quality, efficiency, are fair justice and to protect the rights, and the

legitimate interests and safety of consumers; and able to interconnect regionally and

internationally and contribute to the development of the nation.

Article 2 (Amended) Standards

Standards are the specific characteristics of products, goods, services, processes, the

environment, and other matters relating to standards in order to asses, classify, and determine the

level of quality of such items which are determined and approved based on any accepted unified

standard.

Article 3 (Amended) Definitions

The terms used in this law shall have the following meanings:

1. International standards means standards approved based on international standards and

which may be accessed by the public;

2. Regional standards means standards approved based on regional standards and which

may be accessed by the public;

3. Foreign standards means the approved national standards of any country and which may

be accessed by the public;

4. Standards marks means a products certification mark, management systems, or

accreditation systems determined by the Ministry of Science and Technology or other

sector authorities as may be assigned;

5. Standardization means the processes of formulating, promulgating, implementing of

standards and other activities relating to standards;

6. Process means the procedures of production, construction, provision of services, the

environment and other activities;

7. Certification means the procedures of official recognition a competent organization of a

sector authority relating to quality compliance with standards and technical regulations;

8. Product certification means the procedures of official recognition by a competent sector

authority body having the right to certify to certify the quality compliance of products

and goods with standards;

9. System management certification means the official recognition by a competent sector

authority body having the right to certify the quality compliance of quality management

systems, environmental protection systems or other management systems with national

standards or international standards;

10. Certificate means a document which recognizes the certification of products, goods,

services, environment, systems, compliance and other certification, such as: a product

certification, system certificate and compliance certification;

11. Compliance assessment means any activity directly or indirectly related to the

assessment of the implementation of standards, technical regulation and other relevant

laws and regulations;

12. Goods means an item exchanged or purchased or sold;

13. Products means any material which has undergone production, processing processes;

14. Third party means an individual, legal entity or organization which is recognized as

being independent from a supplier and consumer;

15. Supplier means a manufacturer, distributor, seller, service provider; and

16. Consumer means a purchaser or consumer.

Article 4 (Amended) Policies on Standardization

The state emphasizes the promotion of the widespread use of standards for products, goods,

services, processes and the environment, the implementation of technical regulations, including

research and the application of science and technology to in standardization.

The state and society will emphasize the establishment of technical infrastructures, such as:

testing centers or laboratories, training centers to ensure the capability to carry out the

management of standardization.

The state encourages and promotes production business units, such as small and medium scale

business production units, family businesses in improving the quality of products, goods,

services, and the environment up to international, regional, foreign, national and local standards

to ensure that they can compete in domestic and international markets.

The state promotes standardization activities by enhancing the capability to manage and utilize

natural resources and labor economically, appropriately, and suitable to the actual situation at

any given time with the aim of protecting consumers, to ensure social fairness and a better life

for the people.

The state encourages, promotes, facilitates public and private organizations, both domestic and

international who invest in the Lao PDR, to participate in standardization activities, such as the

formulation and utilization of standards, the management and inspection of such activities in a

correct manner.

Article 5 (Amended) Basic Principles for Standardization Activities

Standardization activities shall be implemented in accordance with the following basic

principles:

1. Shall raise quality and efficiency in socio-economy, promote the competition through the

quality of products, goods, services, and environmental protection in both domestic and

foreign markets;

2. Meet the needs of, and ensure sanitation, consumer health and safety, national security-

social order, the rights and interests, the quality of life of consumers and related areas.

3. Shall ensure openness, justice, equality, and transparency which can be inspected or

refrain from discrimination, avoid the creation of barriers to production, business,

commerce and services;

4. Ensure compliance with international standards, the actual situation, and the capability

for implementation; and

5. Ensure that manufacturers, distributors, sellers and service providers operate on the basis

of determined standards.

Article 6 Scope of the Law

This law applies to the activities relating to standardizations, such as: the formulation,

promulgation, and utilization of standards and technical regulation in the areas of production of

business commerce, services, processes, the environment, and other matters related to

standardization activities.

Article 7 International Cooperation

The state is open to cooperate with foreign countries, regional and international organizations

regarding standardization by the mobilization of assistance, scientific research, technical

cooperation, sharing experience, capacity building of human resources, etc. on the basis of

independence, sovereignty, equality, and mutual benefit and resolution of disputes in accordance

with international agreements and conventions to which the Lao PDR is a stare party.

Chapter II

Types of Standards

Article 8 (Amended) Categories of Standards

The main categories of Lao National Standards are as follows:

1. Lao National Standards for products and goods;

2. Lao National Standards for services; and

3. Lao National Standards for the environment;

Article 9 Lao National Standards for Products and Goods

Lao National Standards for products and goods determine the specific characteristics of products

and goods to meet the demands of suppliers and consumers.

Products and goods manufactured and utilized domestically shall comply with Lao National

Standards.

Products and goods imported and exported shall comply with determined standards.

Article 10 Content of Lao National Standards for Products and Goods

Lao National Standards for products and goods consist of technical terms, symbols, bio-

chemical characteristics, materials, and other characteristics, production methods, testing

methods, packaging, marking, labeling of products and goods.

Article 11 Lao National Standards for Services

Lao National Standards for services determine the operations systems that relate to many areas of

work, such as installation, and warranty periods for products and goods, tourism services, hotels,

restaurants, transportation, telecommunications, education, public health, and others services to

ensure efficiency and timeliness of services.

Lao National Standards for each type of service are specified in separate regulations which the

relevant authorities are responsible for in accordance with their roles.

Article 12 Content of Lao National Standards for Services

Lao National Standards for services comprise the following:

1. Systems for process management;

2. Document control;

3. Organization, personnel, and facilitation;

4. Service procedures that are concise and timely;

5. Internal audit systems;

6. Prevention and problem solving in regards to services; and

7. Other content regarding services.

Article 13 (Amended) Lao National Standards for the Environment

Lao National Standards for the Environment is the determination of standards or scope of

authorization of the permitted emissions pollutants or environmental conditions that adversely

affect the health or lives of people, animals, plants, and the environment.

Individuals legal entities or organizations that engage in production, commerce, or services shall

conscientiously comply with standards and environmental laws and regulations.

Article 14 Content of Lao National Standards for the Environment

Lao National Standards for the Environment comprise of the following:

1. Levels and range of the release of waste water, smoke, oil residues, chemicals and other

waste;

2. Levels and range of emissions such as: vibration, noise, light, color, radiation, and odor;

and

3. Other content regarding the environment.

Article 15 Use of Technical Terms

The use of technical terms in standardization activities is aimed at conveying correct

understanding, and achieve a unified terminology consistent with defined terms used in

international standards (ISO).

Chapter III

Standards, Technical Regulations and Code of Practice

Section 1

Lao National Standards

Article 16 (Amended) Lao National Standards

Lao National Standards are standards that the Lao National Standards Council has approved and

have been promulgated by the Ministry of Science and Technology.

Lao National Standards are standards used in standardization activities in the Lao PDR.

The acronym for Lao National Standards in the Lao language is “ມລ” and in English “Lao

Standard-LS.

Article 17 Principles for Formulating Lao National Standards

The formulation of Lao National Standards shall be performed in accordance with the following

principles:

1. Scientific research, technology, and advanced techniques to meet the demands of periodic

socio-economic development;

2. Scientific research, and comparisons with foreign, regional and international standards as

a basis for the formulation in compliance with key points, and the actual situation in the

country;

3. Ensure compliance with foreign, regional and international standards; and

4. Consistent with the laws and regulations of the Lao PDR, international agreements and

conventions to which the Lao PDR is a state party.

Article 18 Formulation of Lao National Standards

In addition the principles provided in Article 5 of this Law, the formulation of Lao National

Standards shall be based on the following:

1. The results of scientific research, technology and advanced techniques;

2. Lessons, key-points and the actual situation of the country; and

3. Results of assessment of inspection, testing, quality certification and the efficiency of the

activities of the relevant sector authorities.

Article 19 (New) Regulations Governing the Preparation, Approval and Utilization of Lao

National Standards

The preparation, approval and utilization of Lao National Standards as provided in Articles 18,

20, 21 and 22 of this Law shall be performed as follows:

1. Approve good standards preparation, approval and utilization principles as provided in

Annex 3 of the World Trade Organization Agreement on Technical Barriers to Trade;

2. Voluntary implementation of standards;

3. Not create unnecessary barriers to trade;

4. Implement at least equally between imported products and goods and domestic products

and goods;

5. Formulate Lao National Standards that are equivalent to international standards where

possible;

6. Full participation by the Ministry of Science and Technology based onvappropriateness

and human resources limitations during the preparation of international standards

undertaken by relevant international standards formulation organizations relating to

standards approved by such organizations or are to be approved in order to make

standardization unity as widespread as possible; and

7. Utilize standards based on the conditions of the products and goods rather than the form

or shape of the products and goods where deemed appropriate.

Article 20 (New) Procedures for the Formulation of Lao National Standards

The formulation of Lao National Standards shall be performed in accordance with the following

procedures:

1. Propose the formation of [ a new] Lao National Standards

Individual, legal entities or organizations and the National Standards Council that wish

formulate a Lao National Standard shall submit an application to the Ministry of Science

and Technology.

The Ministry of Science and Technology will consider the application based on the

principles provided in Articles 5 and 18 of this Law.

In the event that the application is approved, the Ministry of Science and Technology

shall assign the relevant National Technical Committee to draft the standard.

2. Drafting Lao National Standards

The relevant National Technical Committee shall research and draft the Lao National

Standard with the applicant, suppliers and consumers. Where deemed necessary, the

National Technical Committee may utilize foreign experts as appropriate.

The National Technical Committee shall place the Draft Lao National Standard on the

website of the Ministry of Science and Technology and publish in the mass media for at

least 60 days to gather the opinions of the public.

The National Technical Committee shall inspect and improve the draft Lao National

Standard based on reasonable technical opinions, after which the National Technical

Committee shall submit the draft Lao National Standard to the National Standards

Council for consideration for approval.

3. Approval of Lao National Standards

Lao National Standards shall be approved procedurally by the National Standards

Council through a majority vote of at least two-thirds of the members of the National

Standards Council present at the meeting. The National Standards Council will then

submit the Lao National Standard to the Ministry of Science and Technology for

approval and promulgation.

Article 21 (Amended) Effectiveness of Lao National Standards

Lao National Standards shall be effective 60 days from the date of promulgation by the Ministry

of Science and Technology and placed on the website of the Ministry of Science and Technology

and announced through the mass media.

Article 22 Application of Standards

The application of standards shall be on a voluntary basis of the relevant parties, such as:

suppliers and consumers except where laws and technical regulations determine compulsory

application for such products as strategic products, goods, services, and the environment aimed

at the management and enforcement relating to safety, sanitation, health, national defense, and

public order.

Article 23 (New) Enforcement, Revocation of Lao National Standards

The enforcement, revocation of Lao National Standards as provided in Item 5, Article 39 of this

Law [is the responsibility] of the National Standards Council in collaboration with the relevant

National Technical Committee which shall review amendments, revocation of Lao National

Standards every 5 years or earlier where necessary and submit such to the Ministry of Science

and Technology for consideration.

Section 2

Technical Regulations

Article 24 Technical Regulations

Technical Regulations are the specific technical documentation of products and goods, services,

processes, the environment and other issues for use in the management, inspection, safety

assurance, sanitation, the health of people; vegetation, animals the environment, the lawful rights

and interests of consumers, environmental protection, the interests and security of the state .

Article 25 Content Technical Regulations

Technical regulations include the determination of the specific technical levels, scope,

characteristics, technical terms, symbols, packaging, marks and labels of products and goods,

services, processes and the environment.

Technical regulations apply to the management and technical inspection of production, trade and

services businesses in compliance with the relevant standards and laws and regulations.

Article 26 (New) Regulations on Preparation, Approval, Publication and Application of

Technical Regulations

The preparation, approval, publication and application of technical regulations shall be

performed in accordance with the regulations of the Ministry of Science and Technology and

guidelines on the proper implementation of regulations, policies relating to standards and comply

with those of ASEAN, including technical barriers to trade of the WTO. Additionally, such shall

also be performed in a unified manner by relevant sector organizations and sector authorities

nationwide.

Article 27 (New) Formulation of Approval and Publication of Technical Regulations

Relevant ministries, relevant organizations in collaboration with provincial, city administration

authorities [are responsible] for the formulation of technical regulations through the appointment

a technical committee [members] from such relevant ministries, organizations to study the

drafting of such technical regulations.

After such technical committee has drafted preliminary technical regulations, such shall be

placed on the website and published in the media for a period of at least 60 days to enable the

public, such as suppliers and consumers to provide their opinions. At the same time, the draft

technical regulations shall be submitted to the WTO and other international organizations as

provided in international treaties and conventions to which the Lao PDR is a state party.

In cases of urgency, which could cause great harm to the life, health of people, animals, plants,

the environment and national security, the formulation of technical standards will not be required

to undergo the above procedures, but the WTO and the relevant international organizations shall

be notified where suitable.

Such relevant ministries and organizations shall approve, promulgate, publish and assess the

implementation of technical regulations.

Article 28 Principles for Formulating Technical Regulations

The formulation of technical regulations shall be performed in accordance with the following

principles:

1. Compliance with the principles, relevant laws and regulations of the Lao PDR and

international treaties and conventions to which the Lao PDR is a state party;

2. Be based on the contents of the formulation of standards provided in Article 18 of this

Law;

3. Ensure the protection of the life and health of people, animals, plants and the

environment, prevent fraud, protect national security, quality assurance, and safety of

goods;

4. Shall not create unnecessary barriers to trade;

5. Shall be implemented at least equally between imported products and goods and domestic

products and goods;

6. Ensure that application uses actual appropriate methods in order to achieve fair objectives

to reduce expenses in the formulation and implementation and to avoid the occurrence of

negative results;

7. Ensure the utilization of products and goods as a reference rather than form or shape

based where deemed suitable; and

8. Ensure the compliance of technical regulations with codes of practice which shall be

implemented in accordance with procedures for compliance assessment as provided in

Articles 53 and 54 of this Law.

In addition to being based on international and Lao National Standards, the formulation of

technical regulations shall be based on technical and scientific principles.

Article 29 (New) Formulation of Technical Regulations

The Ministry of Science and Technology in collaboration with relevant sector authorities [are

responsible] for the unified formulation of preparation, approval, publication, application and

review at the central and local levels in compliance with international treaties and conventions to

which the Lao PDR is a state party, agreements on barriers to trade of the WTO, ASEAN

guidelines on the proper implementation of laws, regulations and policies of ASEAN relating to

standards and compliance for unified application nationwide.

Article 30 (Amended) Promulgation of Technical Regulations

Relevant sector authorities and local administration authorities are responsible for the

promulgation of technical regulations within the scope of their responsibilities which shall

become effective from the date of signature.

Article 31 (Amended) Effectiveness of Technical Regulations

Technical regulations apply to individuals, legal entities or organizations, such as: suppliers and

consumers.

Article 32 (New) Responsibilities of the Ministry of Science and Technology in the

Formulation and Application of Technical Regulations

The Ministry of Science and Technology is responsible for the formulation and application of as

provided in Article 28 of this Law as follows:

1. Provide technical assistance to relevant state organizations at the central and local levels;

2. Provide technical information, standards, procedures for the assessment of regional and

international compliance relating to technical regulations as proposed;

3. Collaborate with relevant sector authorities to ensure compliance with this Law,

international treaties and conventions to which the Lao PDR is a party; and

4. Collaborate with relevant sector authorities to promote a sense of awareness and

understanding of the objectives and procedures regarding the application of technical

standards.

Relevant sector authorities and local administration authorities which issue technical regulations

may review or revocation such regulations where necessary, such as: scientific and technological

advances. .

Section 3

Codes of Practice

Article 33 (New) Codes of Practice

Codes of practice are guidelines for real practice of the procedures of design, production,

installation, maintenance or use of equipment structures, products and goods to ensure quality

and safety.

Article 34 (New) Contents of Codes of Practice

The contents of codes of practice comprise recommendations on the methods, standard

application procedures and technical regulation in real production application, commerce and

services.

Article 35 (New) Principles on the Formulation of Codes of Practice

The formulation of codes of practice shall be consistent with standards, technical regulations and

relevant laws of the Lao PDR and international treaties and conventions that the Lao PDR is a

state party.

Article 36 (New) Formulation, Approval, Promulgation, Application, Publications of Codes

of Practice

The formulation, approval, promulgation, application and publication of codes of practice are the

same for those of technical regulations provided in Articles 29, 30, 31 and 32 of this Law.

The relevant sector authorities and local administration authorities issue codes of practice and

may amend or revoke such codes of practice where necessary, such as advances in science and

technology.

Chapter IV

Organizations Responsible for Formulating Lao National Standards

Article 37 Organizations Responsible for Formulating Lao National Standards

The Organizations Responsible for formulating Lao standards are as follows:

1. The National Standards Council; and

2. The National Technical Committee.

Article 38 (Amended) Establishment and Role of the National Standards Council

The National Standards Council is established by the Minister of Science and Technology, and is

responsible for the consideration and approval of Lao National Standards and submission to the

Minister of Science and Technology to consider promulgation.

Article 39 (Amended) Rights and Duties of the National Standards Council

The National Standards Council has the following rights and duties:

1. Research policy, legislations, plans, projects, and activities relating to standardization

activities for submission to the Minister of Science and Technology for consideration;

2. Research methods, procedures for the formulation and adoption of Lao National

Standards and their implementation;

3. Prioritize products, goods, services, and the environment for the formulation of Lao

National Standards;

4. Assess the implementation of standardization activities as reported by the relevant

National Technical Committees;

5. Research the adoption , amendment, and revocation of Lao National Standards, Lao

National Standards marks, and certificates of compliance as submitted by the relevant

National Technical Committees and submit such to the Minister of Science and

Technology for consideration;

6. Provide opinions on drafts of certification marks and other matters relating to

standardization activities; and

7. Participate in meetings and operations on standardization activities domestically and

abroad as assigned or appointed by the ministries, sector authorities to which one is

assigned as proposed by the Ministry of Science and Technology.

Article 40 Organizational Structure of the National Standards Council

The National Standards Council is composed of representatives from ministries, educational

institutes, professional associations, the National Chamber of Industry and Commerce, suppliers

and consumers.

The National Standards Council has a chairman, a number of vice-chairmen, members, and

assistance mechanisms.

The establishment and operations of the National Standards Council and its assistance

mechanisms are determined in separate regulations.

Article 41 (Amended) Chairman, Vice-Chairman and Members of National Standards

Council

The Chairman, vice-chairman and members of National Standards Council shall have the

qualifications and experience in administration and are appointed by the Minister of Science and

Technology as proposed by the National Standards Council pursuant to a resolution of the

Council.

The rights and duties of the chairman and vice-chairman and members of National Standards

Council are determined in separate regulations.

Article 42 (Amended) The National Technical Committee

The National Technical Committee is established by the National Standards Council to assist in

fulfilling its roles, rights, and duties relating to standardization activities.

The National Technical Committee consists of relevant specialists from various ministries,

organizations, educational institutions, professional associations, the National Chamber of

Industry and Commerce, suppliers and consumers as proposed by the relevant parties.

The National Technical Committee has a chairman, vice-chairman, and members who are

appointed by the Chairman of the National Standards Council.

Article 43 (Amended) Rights and Duties of the National Technical Committee

The National Technical Committee has the following rights and duties:

1. Research, provide opinions and draft standards and technical manuals;

2. Participate in research and assessment regarding the issue of the various certifications;

3. Participate in meetings and operations of standardization activities domestically and

abroad as assigned by the ministries or sector authorities to which one is assigned;

4. Collaborate with other authorities;

5. Summarize, report on standardization activities to the National Standards Council on a

regular basis; and

6. Other rights and duties as provided in laws and regulations and as so assigned.

Article 44 (Amended) Appoint of Representatives

Relevant sector authorities and authorities shall appoint their representatives or specialists to

participate in the National Standards Council or the National Technical Committee as proposed

by the Ministry of Science and Technology with 30 days of receipt of such proposal.

Chapter V

Compliance with Standards, Technical Regulations and Compliance Assessment

Section 1

Conformity to Standards and Technical Regulations

Article 45 Compliance with Standards and Technical Regulations

Compliance is the harmonization, correctness of standards and technical regulations in terms of

quality and safety of products, goods, services and environment.

Article 46 Principles for Compliance Assessment

Compliance assessment shall be carried out according to regional and international procedures,

principles and regulations or international treaties and conventions to which the Lao PDR is a

state party.

Article 47 Compliance Assessment Organizations

The compliance assessment organization are organizations established within each relevant state

sector authority and private sector authorities with the role of evaluating and assessing the

harmonization, compliance with the implementation of standards and technical regulations.

The organizational structure, personnel, rights, and duties of compliance assessment

organizations are determined in separate regulations.

Article 48 Forms of Compliance Assessment

Compliance assessment takes the following forms:

1. Self-compliance assessment;

2. Voluntary compliance assessment; and

3. Compulsory compliance assessment.

Article 49 Self-Compliance Assessment

Self-compliance assessment of compliance with standards is carried out by individuals or legal

entities that wish to comply with determined procedures, principles, and regulations and shall be

submitted to the relevant compliance assessment organization of the state for certification.

Article 50 Voluntary Compliance Assessment

Voluntary compliance assessment with standards is carried out by a compliance assessment

organization of the state through testing, inspection, and certification and such compliance with

standards is then notified applicant individual, legal or organization.

Article 51 Compulsory Compliance Assessment

Compulsory compliance assessment with technical regulations shall be carried out by a

Compliance assessment authority of a state sector authority through testing, inspection,

investigation and certification of products, goods, services, processes, environment and other

matters relating to technical regulations.

Section 2

Compliance Assessment

Article 52 (New) Compliance Assessment

Compliance assessment as provided in Articles 46, 49, 50 and 51 of this Law consists of all

activities that must be performed relating to conditions directly or indirectly involving standards

or technical regulations.

Compliance assessment involves testing, inspection, the monitoring of markets, product and

goods certification, quality management systems certification and approval.

Any specific compliance assessment shall be carried out in accordance with Lao National

Standards, regional, international guidelines, and terms of international treaties and conventions

to which the Lao PDR is a state party.

Article 53 (New) Regulations Governing Compliance Assessment Procedures

The procedures of compliance assessment shall be carried out in accordance with Lao National

Standards, regional, international guidelines, and terms of international treaties and conventions

to which the Lao PDR is a state party.

The procedures of compliance assessment shall be performed as follows:

1. Preparation, approval and application shall be applied at least equally between imported

products and goods and domestic products and goods;

2. Relevant standards, technical regulations and guidelines shall be applied where necessary

as a reference for the formulation of compliance assessment procedures, except where

those procedures are not suitable for application in the Lao PDR;

3. The number of applications, certifications and approvals shall be as few as possible in

order to meet the objectives of technical regulations;

4. Specific data for compliance assessment and the determination of fees and service

charges are required;

5. Information relating to compliance assessment kept confidential to protect the interests of

trade;

6. Relevant sector authorities shall participate fully, based on appropriateness and limitation

of resources, in the preparation of guidelines and proposals for compliance assessment

procedures carried out by relevant international standards formulation organizations in

order to create unity;

7. The publication of such approved procedures shall be carried out in a timely manner in

order that interested parties, ASEAN member countries and the WTO may access the

information;

8. In the event that there exist no relevant regional or international compliance assessment

procedures, such procedures shall comply with the codes of practice of the technical

regulations of the Lao PDR;

9. The effect of, and compliance assessment procedures of other countries are recognized by

the Lao PDR;

10. Compliance assessment procedures for local technical regulations shall comply with

national compliance procedures;

11. Such procedures shall not be prepared, approved and applied as unnecessary barriers to

trade and shall be carried out in a timely and transparent manner; and

12. Compliance assessment procedures shall be effective as least 180 days of publication in

the Government Gazette.

Article 54 (New) Determination of Compliance Assessment Procedures

The determination of compliance assessment procedures as provided in Articles 49, 50 and 51 of

this Law shall be performed as follows:

1. Self-compliance assessment by suppliers or manufacturers hereby called the first person;

2. Compliance assessment by purchases or consumers hereby called the second person;

3. Compliance assessment by independent legal entities or organizations are hereby called

third persons and are independent from suppliers or manufacturers or purchasers or

consumers;

4. Compliance assessment with standards are undertaken voluntarily;

5. Compulsory compliance assessment with technical regulations under the direction of

state organizations in laboratories which have been approved as requested. Objections to

results of compliance assessment may be submitted to the Ministry of Science and

Technology. In the event that such objections cannot be resolved they may be submitted

to the People’s Court; and

6. Compliance assessment shall be carried out in accordance with recognized agreements,

multilateral agreements, international treaties and conventions to which the Lao PDR is a

state party.

Article 55 (Amended) Objections to Compliance Assessment

Individuals, legal entities or organizations that disagree with compliance assessment conducted

by a compliance assessment organization have the right to object to the Ministry of Science and

Technology. If the objection is not resolved satisfactorily, the matter may be submitted to the

courts for consideration under laws and regulations.

Chapter VI

Management and Testing Systems

Section 1

Management Systems

Article 56 Categories of Management Systems

Management systems are divided into the following categories:

1. Food safety management systems;

2. Quality management systems;

3. Environmental management systems; and

4. Other management systems.

Article 57 Food Safety Management Systems

Food safety management systems are activities undertaken by relevant sector authorities and

agencies in order to direct, monitor, manage and inspect processes, control and inspect processes

including the cleanliness of food production and limitation of contaminants, residues, bacteria,

and additives in food. These activities are undertaken in a systematic manner and in accordance

with standards and food laws and regulations to ensure hygiene, health, and safety consumers.

Article 58 Quality Management Systems

Quality management systems are internal coordination systems of the sector authorities and

agencies that direct, monitor, control, and inspect processes in a systematic manner in order to

ensure compliance, quality, and safety of such processes.

Article 59 Environmental Management Systems

Environmental management systems are the operations of the sector authorities and agencies

involved in the direction, monitoring, control and inspection of processes including the

management and limitation of pollution in the processes in a systematic manner to ensure

performance with standards and laws and regulations relating to the environment.

Article 60 Other Management Systems

Other management [systems] which include production, business trade, construction,

transportation, communications, education, public health and other services shall be

implemented in accordance with the laws and regulations of the relevant sector authorities and

international, regional, and foreign system management standards.

Section 2

Testing Systems

Article 61 Testing Systems

Testing systems comprise of:

1. Collection of samples;

2. Testing; and

3. Evaluation of test results.

Article 62 Collection of Samples

The collection of samples of products or goods for testing shall be conducted in accordance with

procedures for collection, storage, and transportation as determined in the standards for such

products or goods .

Article 63 Testing

Testing is the study and analysis of collected samples of products and goods, and actual trials

using methods and equipment recognized by the other sector authorities and agencies concerned

in order to observe the results and characteristics of those products and goods.

Article 64 Evaluation of Test Results

The evaluation of test results shall be performed in accordance with the principles and

procedures specified in the relevant standards.

Test results shall be certified and approved by the relevant sector authorities and other agencies

and shall be published as specified.

Chapter VII

Accreditation and Certification

Section 1

Accreditation

Article 65 Accreditation

Accreditation is the formal recognition by the relevant organizations relating to the ability to

approve any activity such as: accreditation of quality systems, environment systems, laboratory

testing systems, inspection systems and the capability of individuals, legal entities or

organizations.

Certification, inspection, calibration and testing shall be undertaken at a laboratory or lab.

Article 66 (New) Lao National Accreditation Bureau

The Lao National Accreditation Bureau is the authority that formally recognizes the capability of

individuals, legal entities or organizations in undertaking testing and quality certification

activities.

The Lao National Accreditation Bureau is established by the Ministry of Science and

Technology, and is responsible for accreditation, extensions, suspensions or revocations of

accreditation of laboratories, and compliance and certification organizations.

The Lao National Accreditation Bureau is comprised of relevant sector authorities such as: the

Industry and Commerce, Public Health, Agriculture and Forestry, Public Works and Transport

Sectors, the National Chamber of Industry and Commerce, other specialist individuals and legal

entities.

The acronym for the Lao National Accreditation Bureau is “ອຮຊ” and the name and acronym in

English is “Lao National Accreditation Bureau--LNAB”.

Article 67 (New) Rights and Duties of the Lao National Accreditation Bureau

The Lao National Accreditation Bureau has the following rights and duties:

1. Formally accredit the technical capabilities that comply with standards, procedures and

guidelines of international accreditation of testing laboratories, quality management

certification organizations, inspection organizations, compliance assessment

organizations and specialist testing organizations;

2. Perform in accordance with international standards ISO/IEC 17011;

3. Provide accreditation services to laboratories, certification organizations, inspection

organizations and compliance assessment organizations in accordance with ISO/IEC

international standards and appropriate guidelines of the International Laboratory

Accreditation Council (ILAC) and the International Accreditation Foundation (IAF);

4. Issue regulations, guidelines and other documentation specifying the conditions for

accreditations and extensions;

5. Participate in the operations with regionals and international compliance assessment

organizations and draft manuals, guidelines for the procedures of compliance assessment

of the Lao PDR;

6. Participate in negotiations with regional and international organizations to fulfill mutual

recognition agreements and recognize the compliance assessment procedures of other

countries;

7. Monitor and inspect accredited testing laboratories, inspection organizations, compliance

assessment organizations and certification organizations in accordance with international

standards and procedures;

8. Suspend, withdraw or revoke accreditation in the event of violations;

9. Collaborate with, and undertake comparisons between domestic testing laboratories;

10. Manage and register accredited testing laboratories and certification organizations;

11. Provide technical assistance on compliance assessment to relevant state sector authorities

at the central and local levels and promote an awareness about compliance assessment;

12. Summarize and report on the implementation of activities to the Ministry of Science and

Technology and other relevant organizations regularly; and

13. Other rights and duties as provided in laws and regulations and as assigned.

Article 68 Testing Centers, Laboratories

To ensure the certification of products and goods, it is necessary to establish and improve testing

centers and laboratories and contribute vehicles, equipment, and qualified personnel.

Testing centers, laboratories shall be accredited or recognized by both domestic and foreign

accreditation organizations.

The rights and duties of testing laboratories are provided in separate regulations.

Section 2

Certification

Article 69 (New) Certification Organizations

Certification organizations are organizations established at relevant sector authorities and are

accredited by the Lao National Accreditation Bureau or regional or internationally recognized

accreditation organizations.

Article 70 (New) Certification

Certification as provided in Articles 72 and 73 of this Law is undertaken by testing and

calibration laboratories. Quality management certification and the certification of inspectors and

expertise shall be undertaken by the relevant organization;

Compliance assessment procedures and compliance assessment certification shall be undertaken

voluntarily, except where technical regulations require compulsory certification marks.

Certification organizations as provided in Article 68 of this Law are directly responsible for their

compliance certification. In the event of non-compliance, certification organizations shall

suspend, withdraw or revoke such certification. Certified individuals, legal entities or

organizations may object to such suspensions, withdrawals or revocations to the certification

mark issuing organization. If the issue is not resolved the entity subject to suspension,

withdrawal or revocation may submit the matter to the Lao National Accreditation Bureau or the

People’s Court.

Article 71 Categories of Certification

There are two categories of certification, as follows:

1. Product certification; and

2. Management systems certification.

Each category of certification has its own certification mark which are specified in separate

regulations.

Article 72 Product Certification

Product certification will be accomplished in accordance with the procedures and standards

determined by the relevant sector authorities and with relevant international principles in

accordance under actual conditions and capabilities.

Product certification shall be undertaken by the relevant sector authorities and agencies that have

been officially assigned.

Products accredited as meeting standards shall bear a certification mark.

Article 73 (Amended) Product Certification Marks

The promulgation of product certification marks shall be published on official websites and

journals.

The Ministry of Science and Technology has the right to amend or revoke product promulgated

certification marks as recommended by the National Standards Association.

Article 74 (Amended) Application for Product Certification Marks

Suppliers are entitled to apply for product certification marks to the Ministry of Science and

Technology for consideration in accordance with prescribed procedures.

Article 75 (Amended) Use of Product Certification Mark

Suppliers have the right to use product certification marks once authorized by the Ministry of

Science and Technology and the products or goods meet required standards.

Product certification marks affixed to products, labels, product packages are deemed the use of

product certification marks.

The advertising and reference to product certification marks can be undertaken in any manner in

order to show that the product or goods meet standards and is deemed use of product certification

marks.

Article 76 (Amended) Mandatory Product Certification mark

The National Ministry of Science and Technology shall issue regulations on the use of

mandatory certification marks for products that have strategic characteristics that are related to

order, safety, hygiene, health, the environment, and goods that have control targets. These

regulations shall be managed in collaboration between relevant sector authorities and agencies

and the National Standards Council

The use of mandatory product certification marks will become effective ninety days from the

date of promulgation of such use of mandatory certification marks which shall be published in

the Government Gazette and other official journals.

Mandatory product certification mark may be amended or revoked.

Article 77 (Amended) Objection to the Contents of Regulations on the Use of Mandatory

Product Certification Marks

Suppliers who disagree with the contents of regulations on the use of mandatory product

certification mark have the right to object to the Ministry of Science and Technology to consider

resolution. If [the objector] disagrees with the resolution by the Ministry, the matter may be

referred to the courts for consideration under laws and regulations.

Article 78 Certification of Management Systems

Certification of management systems is the recognition by the relevant sector authorities and

agencies regarding the direction of, monitoring, control and inspection of the systematic

processes undertaken by suppliers in order to achieve quality and efficiency.

Article 79 Management Systems Certification Procedures

The certification of management system for each category shall be performed in accordance with

the procedures determined by the relevant sector authorities and agencies in accordance with

regional and international standards.

Article 80 (Amended) Management Systems Certification Sector Authorities

Relevant sector authorities and other agencies responsible for management systems certification

in the Lao PDR shall be periodically accredited by a regional or international accreditation

organization to ensure the capacity to certify management systems.

Article 81 (Amended) Applications for Management Systems Certification

Individual, legal entities or organizations that wish to certify management systems for any

category shall submit an application to the Science and Technology Sector or other relevant

sector authorities or agencies for consideration in accordance with prescribed procedures.

Article 82 (Amended) Management Systems Certification Marks

Management systems certification marks are symbols evidencing management systems

certification as provided in Article 71 of this Law.

the Science and Technology Sector or other relevant sector authorities or agencies that provide

the certification shall determine each category of management systems certification marks, but

such shall be submitted to the National Standards Council to provide its opinion beforehand prior

to official use.

Article 83 Categories of Management Systems Certification Marks

Management System certification marks are divided into the following categories:

1. Food safety management systems certification marks;

2. Safety quality management systems certification marks;

3. Environmental managements systems certification marks; and

4. Other management systems certification marks.

Article 84 (Amended) Promulgation of Management Systems Certification Marks

Relevant sector authorities and agencies that issue each category of systems management

certification marks are responsible for the promulgation of such marks once approval is granted

by the Ministry of Science and Technology.

The promulgation of each category of management system certification mark shall be published

in the Government Gazette and other official journals.

Marks used as systems management certification marks are not the same marks as, or similar

marks to registered trademarks used on good or services.

Article 85 Use of Systems Management Certification Licenses

License holders only have the right to use systems management marks when authorized to do so.

Article 86 (Amended) Affixing Management System Certification Marks

Management system certification marks may be affixed to containers, packaging, product labels,

goods, all forms of advertising once authorized by the Ministry of Science and Technology.

All actions relating to direct or indirect sales of products or goods by reference to system

management certification marks to show that products and goods meet standards shall be deemed

that system management certification marks have been affixed.

Section 3

Suspension, Withdrawal or Revocation of Certificates

Article 87 (Amended) Suspension, Withdrawal or Revocation of Certificates

The National Standards Council has the right to consider and propose to the Ministry of Science

and Technology or relevant sector authorities or agencies regarding the suspension, withdrawal

or revocation of certificates if evidence reveals breaches of the contents and conditions of the use

of certificates.

Article 88 Conditions for Suspension of Certificates

The conditions for suspension of the use of certificates are as follows:

1. Products, goods, services, processes, and environmental practices are not in compliance

with determined standards and technical regulations;

2. Change of name and permitted use of certificates by others without authorization;

3. Other violations of the laws and regulations on certificates.

Article 89 Conditions for Withdrawal or Revocation of Certificates

The conditions for withdrawal or revocation of certificates are as follows:

1. Products, goods, services, processes, and environmental practices that have serious

detrimental effects;

2. Forgery of a certificate;

3. Failure to make changes following a suspension; and

4. Other practices that are serious violations of laws and regulations on certificates.

Article 90 (Amended) Objection to Suspension, Withdrawal or Revocation of Certificates

The owner of a certificate has the right to object suspension, withdrawal or revocation of

certificate in writing to the Ministry of Science and Technology, relevant sector authorities that

issued the certificate . The organization receiving such objection shall consider the matter within

thirty days from the day of receipt. If the party is not satisfied with the resolution offered, the

matter may be referred to the courts for consideration in accordance with laws and regulations.

Chapter VIII

Rights and Obligations of Suppliers and Consumers

Section 1

Rights and Obligations of Suppliers

Article 91 (Amended) Rights of Suppliers

Suppliers have the following rights:

1. Conduct production, trade, and services related to standardization activities;

2. Use certificates issued to it as authorized by regulations;

3. Advertise the quality of products, goods, and services have been certified to conform to

applicable standards;

4. Transfer certificates to another party as authorized by the Ministry of Science and

Technology or relevant sector authorities or agencies;

5. Appeal to the relevant authorities to protect its rights and interests;

6. Exercise other rights as specified in laws and regulations.

Article 92 Obligations of Suppliers

Suppliers have the following obligations:

1. Guarantee that production, products, goods, distribution, trade and services, including

production and service premises maintain the quality and safety mandated by determined

standards, and to protect the environment;

2. Set reasonable prices for products, goods, and services on the basis of laws and

regulations; and

3. Perform other obligations specified in laws and regulations.

Section 2

Rights and Obligations of Consumers

Article 93 Rights of Consumers

Consumers have the following rights:

1. Choose quality products, goods, and services according to their needs;

2. Receive information about the quality, prices, and instructions on the use of goods and

services;

3. To be guaranteed safety, health, and environmentally sound products, goods, and services

for consumption;

4. Advise, warn suppliers when it determines that products, goods, or services do not meet

standards, technical regulations and affect the environment;

5. Complain to the relevant sector authorities or authorities about products, goods and

services that do not meet quality and standards;

6. Notify or report information of violations of standards, technical regulations and

environmental impacts that are observed;

7. Participate in standardization activities such as formulating standards, laws and

regulations and improving the quality of products, goods, and services; and

8. Exercise other rights as specified in laws and regulations.

Article 94 Obligations of Consumers

Consumers have the following obligations:

1. Participate in consumer organizations to protect their legal rights and interests;

2. Not pollute the environment through the use of products or goods, and to participate in

environmental protection activities;

3. Perform other obligations as specified laws and regulations.

Chapter IX

Prohibitions

Article 95 (Amended) Prohibitions on Suppliers

Suppliers are prohibited from:

1. Use of certification marks without authorization;

2. Use an identical mark to a registered trademark;

3. Use a certification mark to register as a trademark;

4. Use the terms "Lao National Standards" or similar terms and symbols to cause confusion

with marks of Lao National Standards without authorization;

5. Register trademarks using the term "Standard" without authorization;

6. Pollute the environment;

7. Use violence, threats, obstruct, pay bribes to influence the officials of a standards

management and inspection organization engaged in standardization activities;

8. False advertising of products, goods and services; and

9. Engage in other behavior prohibited under laws and regulations.

Article 96 Prohibitions on Consumers

Consumers are prohibited from:

1. Promoting products, goods, and services that are deficient in quality and are deceptive;

2. Defame or act in a way that causes damages to a supplier;

3. Pollute the environment; and

4. Engage in other behavior prohibited by laws and regulations.

Article 97 Prohibitions on Officials Responsible for Standardization Activities

Officials responsible for standardization activities are prohibited from:

1. Lack responsibility and ignore their duties;

2. Perform their duties unfairly or with partiality towards any individual, legal entity or

organization;

3. Request, claim, receive bribes, or abuse their position, authority for personal gain, their

families or relatives;

4. Falsify documents; and

5. Engage in other behavior prohibited by laws and regulations.

Article 98 Restrictions on Other Individuals, Legal Entities and Organizations

Other individuals, legal entities and organizations are prohibited from:

1. Abuse standardization activities to create obstacles or interfere with the work of

suppliers;

2. Assist, protect suppliers that are in violation of laws and regulations;

3. Hide, conceal actions by suppliers that are in violation of laws and regulations;

4. Use violence or threats to obstruct the performance of duties of, or pay bribes to officials

responsible for standardization activities;

5. Act as a intermediary to pay or accept bribes from a supplier; and

6. Engage in any other behavior prohibited by laws and regulations.

Chapter X

Dispute Resolution

Article 99 Principles of Dispute Resolution

The resolution of disputes relating to standardization activities shall be performed on the

following basis:

1. Equality;

2. Justice, transparency and open to inspection; and

3. Quick, correct and in compliance with laws and regulations.

Article 100 (New) Forms of Dispute Resolution

Disputes relating to standardization activities may be resolved in the following forms:

1. Compromise and Mediation;

2. Administrative resolution;

3. Resolution by the Economic Dispute Resolution Organization;

4. Decision of the People’s Court; and

5. Dispute resolution of an international nature.

Article 101 Compromise and Mediation

In the event of a dispute relating to standardization activities, the parties may [resolve the

dispute] through consultation, negotiation, compromise or mediation.

Article 102 Administrative Resolution

In the event of a dispute relating to standardization activities, the parties may submit the dispute

to the relevant sector authorities to consider and resolve the dispute in accordance with their

responsibilities.

Article 103 Resolution by the Economic Dispute Resolution Organization

In the event of a dispute relating to standardization activities, the parties may submit the dispute

to the Economic Dispute Resolution Organization to consider and resolve the dispute as provided

in the Law on Economic Dispute Resolution as agreed.

Article 104 Resolution by Decision of the People’s Court

In the event of a dispute relating to standardization activities, the parties may file a case with the

People’s Court for consideration and a decision in accordance with laws and regulations.

Article 105 (New) Dispute Resolution of an International Nature

In the event of a dispute relating to standardization activities of an international nature, such

dispute resolution shall be based on domestic laws or international treaties or conventions to

which the Lao PDR is a state party.

Chapter XI

Management and Inspection of Standardization Activities

Section 1

Management of Standardization Activities

Article 106 (Amended) Standardization Activities Management Organizations

The government manages standardization activities in a centralized, unified manner nationwide

by assigning the Ministry of Science and Technology as directly responsible and responsible for

coordinating with relevant sector authorities, such as: the Natural Resources and Environment,

Energy and Mines, Public Health, Industry and Commerce, Public Works and Transport,

Agriculture and Forestry, Information, Culture and Tourism, Finance, Education and Sports

Sectors and other relevant sector authorities and local administration authorities in the

implementation of standardization activities .

Standardization Management Organizations include:

1. The Ministry of Science and Technology;

2. Provincial and City Science and Technology Divisions; and

3. District and Municipal Science and Technology Offices.

Where necessary village standards agencies may be established.

Article 107 (Amended) Rights and Duties of the Ministry of Science and Technology

In the management of standardization activities, the Ministry of Science and Technology has the

following rights and duties:

1. Research strategies, policy plans, laws and regulations, and plans relating to

standardization activities for submission to the government for consideration;

2. Issue regulations, decisions, instructions, and guidelines relating to standardization

activities;

3. Create a foundation of technical material for testing and quality certification;

4. Manage, monitor products and goods in the market, shopping centers to ensure that

consumers are treated fairly and correctly in accordance with laws and regulations;

5. Establish databases, data-information management systems, and disseminate information

to instill an awareness in society in regards to standardization activities;

6. Direct the implementation of standardization activities nationwide;

7. Establish a registry and provide services relating to standardization activities;

8. Issue, suspend, and withdraw certificates relating to standardization activities;

9. Consider and act on suggestions relating to standardization activities;

10. Develop and upgrade public and private sector employees in standardization activities;

11. Coordinate the activities of relevant sector authorities and local administration authorities

in the implementation of standardization activities;

12. Relate and cooperate with international [organizations] on standardization activities;

13. Summarize and report regularly to the government on the implementation of

standardization activities; and

14. Exercise and perform other rights and duties relating to standardization activities as

provided in laws and regulations.

Article 108 (Amended) Rights and Duties of Provincial and City Science and Technology

Divisions

In the management of standardization activities, provincial and city science and technology

Divisions have the following rights and duties:

1. Expand the policy plans, regulations, and plans relating to standardization activities of the

Ministry of Science and Technology for their own regulations and plans, and implement

them;

2. Issue regulations, decisions, instructions, and guidelines regarding standardization

activities;

3. Create a foundation of technical material for testing and quality certification;

4. Establish information system, disseminate in order to instill a public awareness on

standardization activities within their localities;

5. Manage, monitor products and goods in the market, shopping centers to ensure that

consumers are treated fairly and correctly in accordance with laws and regulations;

6. Issue, suspend, and withdraw certificates relating to standardization activities within the

scope of their responsibilities;

7. Consider and act on suggestions relating to standardization activities within the scope of

their responsibilities;

8. Develop and upgrade public and private sector employees in standardization activities;

9. Coordinate with relevant sector authorities and other authorities in their localities for the

management of standardization activities;

10. Summarize and regularly report on the implementation of standardization activities to

provincial and city administration organizations and the Ministry of Science and

Technology;

11. Exercise and perform other rights and duties relating to standardization activities as

provided in laws and regulations.

Article 109 (New) Rights and Duties of District and Municipal Science and Technology

Offices

In the management of standardization activities, provincial and city science and technology

Divisions have the following rights and duties:

1. Implement plans, projects, decisions, guidelines of the higher authorities relating to

standardization activities;

2. Disseminate laws and regulations on standardization activities;

3. Manage, monitor the implementation of standardization activities;

4. Provide information, propose the creation of technical materials infrastructures relating to

standardization activities;

5. Propose the development and upgrade of public and private sector employees in

standardization activities;

6. Manage, monitor products and goods in the market, shopping centers to ensure that

consumers are treated fairly and correctly in accordance with laws and regulations;

7. Consider and act on suggestions relating to standardization activities;

8. Coordinate with relevant authorities in the management of products and goods where

necessary;

9. Evaluate and regularly report on the implementation of standardization activities to the

higher authorities; and

10. Exercise and perform other rights and duties relating to standardization activities as

provided in laws and regulations.

Article 110 Rights and Duties of other Relevant Sector Authorities

Other sector authorities and agencies, such as Education and Sport, Public Health, Industry and

Commerce, Public Works and Transport, Agriculture and Forestry, Information, Culture and

Tourism, Finance, Natural Resources and the Environment, Energy and Mines Sectors, and local

administration authorities have the rights and duties to coordinate and participate with the

Science and Technology Sector in accordance with their roles and responsibilities in the efficient

management of standardization activities.

Section 2

Inspection of Standardization Activities

Article 111 (Amended) Standardization Activities Inspection Organizations

Standardization activities inspection organizations comprise:

1. Internal inspection organizations, which are the same standardization activities

management organizations as provided in Article 106 of this Law; and

2. External inspection organizations, which comprise of the National Assembly the

Government Inspection Organization, the Antic-Corruption Organization, the State

Inspection Organization, the Lao National Front for Construction, mass organizations,

international organizations, the media and the public.

Article 112 Rights and Duties of Internal Inspection Organizations

Internal inspection organizations have the following rights and duties:

1. Inspect the implementation of policies and regulations relating to standardization

activities;

2. Inspect the quality of domestic and imported products and goods circulating in the

market, distribution sites, retail stores, warehouses, and production premises;

3. Collect samples of products, goods, or materials used in production, business trade, or

services, and other materials for inspection;

4. Inspect premises, buildings involved in the production, processing or modification of

products and goods;

5. Inspect documents, certificates relating to the quality control of products and goods in

transit for import or export;

6. Question individuals or organizations at production, service, and trades premises and

other places about the quality of products, goods, services, and the environment;

7. Administrative inspection monitoring, and evaluate organizational implementation of

laws, decisions, instructions, and guidelines to ensure the compliance with standards and

technical regulations; and

8. Conduct inspections as assigned and as required by laws and regulations.

Article 113 Rights and Duties of External Inspection Organizations

External inspection organizations have the right and duty to inspect the implementation of

standardization activities in their areas of responsibility.

Article 114 Forms of Standardization Activities Inspection

Standardization activities inspection has the following three forms:

1. Regular scheduled inspections;

2. Irregular inspections with prior notice; and

3. Surprise inspections.

Regular inspection refers to an inspection performed regularly that is according to plans and at

pre- determined times.

Irregular inspection with prior notice refers to an inspection that is unplanned with advance

notice is given to the inspected party.

Surprise inspection refers to a surprise inspection without advance notice to the inspected person.

Inspections shall be strictly carried out in accordance with laws and regulations.

Chapter XII

Policies Towards Persons with Outstanding Achievement

And Measures Against Violators

Article 115 Policies Towards Persons with Outstanding Achievement

Individuals, legal entities or organizations which have outstanding achievements in

implementing this law shall be commended or receive other policies in accordance with

regulations.

Article 116 Measures Against Violators

Individuals, legal entities or organizations that violate laws and regulations on standardization

activities shall be warned, re-educated, fined, liable for civil damages, or be subject to criminal

penalties depending on the severity of the case as provided by law.

Article 117 (Amended) Re-Education

Individuals, legal entities or organizations that violate laws and regulations on standardization

activities unintentionally as a first violation causing damages valued at less than 500,000 (five

hundred thousand) Kip shall warned and re-educated.

Article 118 (Amended) Disciplinary Measures

Employees and officials who violate law and regulations relating to standardization activities and

prohibitions, whose violations are minor and not subject to criminal penalties and whose

violations cause little damages, but made false reports to avoid responsibility for their actions

will be disciplined as follows:

1. Censure, warned for the violation under civil service rules, and the incident will be

recorded in the individual's biographic dossier;

2. Dismissal or transfer to other duties at a lower grade;

3. Dismissal from civil service without benefits.

Individuals disciplined shall return all assets obtained incorrectly to the organization.

Article 119 Fines

Individuals, legal entities or organizations that violate laws and regulations on standardization

activities intentionally, and those who violate the law unintentionally for a second time, whose

violations are not subject to criminal penalties, shall be fined twice the amount of damages.

Article 120 Civil Measures

Individuals, legal entities or organizations that cause others to suffer damages as a result of the

manufacture, import, export, service, storage, or distribution of products or goods that are of low

quality, expired, do not meet standards and other civil violations shall compensate for all

damages caused.

Article 121 (Amended) Criminal Measures

Any person who forges, falsifies, or commits fraud with regard to the quality of products, goods,

services, or the environment, thereby endangering another, is subject to imprisonment for a

period for three months to two years and a fine of 500,000 to 5,000,000 kip.

In the event that the offense results in the serious injury, disability, or death of another person,

the offender shall be subject to imprisonment for three years to ten years and a fine of 5,000,000

to 15,000,000 kip.

In the event that the offense results in multiple deaths, the offender shall be subject to

imprisonment from 5 years to twenty years and a fine of 15,000,000 to 30,000,000 kip.

In the event of other criminal offenses, the offender will be subject to the provisions of the

criminal code.

Article 122 Additional Penalties

In addition to the penalties provided in Article 121 this Law, violators may be subject to

additional penalties such as suspension or withdrawal of certification and seizure of assets for the

state.

Chapter XIII

Final Provisions

Article 123 Implementation

The government of the Lao Peoples Democratic Republic is responsible for the implementation

of this Law.

Article 124 Effectiveness

This law shall become effective from the date of the promulgating decree of the President of the

Lao People's Democratic Republic and 15 days after publication in the Government Gazette.

This Law replaces the Law on Standards, No. 13/NA, dated 26 December 2007.

Any provisions that contradict this law are hereby repealed.

President of the National Assembly

[signature and seal]

Pany YATHOTOU