Lao

Legal Document

Title: Agriculture Law No. 01-98/NA
Type: Law
Issuing Agency: Lao National Assembly
Responsible Agency: Ministry of Agriculture and Forestry
Issuing Date : 10-10-1998


INDEX

Part I - General Provisions

Article 1. Function of the Law
Article 2. Agriculture
Article 3. Promotion of Agricultural Production
Article 4. Protection of the Rights and Interests of those who carry out Agricultural Activities
Article 5. Agricultural Land
Article 6. Environmental Protection
Article 7. International Agricultural Cooperation

Part II - Agricultural Activities

Article 8. Agricultural Activities
Article 9. Types of Agricultural Activities
Article 10. Rights and Duties of those who undertake Agricultural Activities

Article 11. The Use of Agricultural LandThe Use of Agricultural Land
Article 12. Types of Agricultural Land
Article 13. Conversion of Agricultural Land
Article 14. Upgrading Agricultural Land
Article 15. Conditions for the Use of Agricultural Land

Article 16. Irrigation
Article 17. Use of Irrigation
Article 18. Building and Management of Irrigation
Article 19. Reservoirs
Article 20. Weirs
Article 21. Pumping Water
Article 22. Unavoidable Natural Facts and Circumstances 
Article 23. Unavoidable Legal Circumstances

Article 24. Seeds
Article 25. Animal Species
Article 26. Use of Species

Article 27. Fertilizers
Article 28. Types of Fertilizers
Article 29. Using Fertilizers
Article 30. Animal
Article 31. Management of Fertilizers and Animal Feed

Article 32. Insecticides
Article 33. Animal Medicines
Article 34. Using Insecticides and Animal Medicines
Article 35. Management of Insecticides and Animal Medicines

Article 36. Agricultural Tools, Vehicles, [and] Machinery
Article 37. Production of Agricultural Tools, Vehicles, [and] Machinery

Article 38. Warehouses
Article 39. Building Warehouses

Article 40. Agricultural Product Processing
Article 41. Building Agricultural Plants and Agricultural Product Processing
Factories 

Article 42. Agricultural Markets
Article 43. Building Agricultural Markets

Article 44. Technical Cooperation
Article 45. Foreign Economic Cooperation

Part III - Investment in Agricultural Activities

Article 46. Investment in Agricultural Activities
Article 47. Forms of Investment 

Part IV - Promoting Agricultural Production

Article 48. Objectives
Article 49. The Contents of Agricultural Production Promotion
Article 50. Capital and Promotion Funds
Article 51. Plant and Animal Species
Article 52. Fertilizers and Animal Feed
Article 53. Insecticides and Animal Medicines
Article 54. Agricultural Tools, Vehicles [and] machinery 
Article 55. Irrigation
Article 56. Technical Expertise
Article 57. Agricultural Information and Data
Article 58. Research Centres and Experimental Stations
Article 59. Farmer Training
Article 60. Warehouses, Curing and Cold Storage Facilities, and Processing
Factories

Article 61. Seed Banks and Animal Banks
Article 62. Marketing
Article 63. Prices
Article 64. Protection of Farmer's Interests

Part V - Environmental Protection

Article 65. Environmental Protection
Article 66. Environmental Protection in Cultivation
Article 67. Environmental Protection In Animal Husbandry
Article 68. Environmental Protection in Fishery

Part VI - Administration and Inspection of Agricultural Activities

Article 69. Agricultural Admninistration Agency 
Article 70. Rights and Duties of the Ministry of Agriculture and Forestry
Article 71. Rights and Duties of the Provincial, Municipal and Special Zone
Agriculture and Forestry Divisions

Article 72. Rights and Duties of District Agriculture and Forestry Offices
Article 73. Rights and Duties of Village Administrative Authorities

Article 74. Inspection of Agricultural Activities
Article 75. Agricultural Inspection Agency
Article 76. Contents of an Inspection
Article 77. Method of Inspection

Part VII - Policies towards Persons who are Productive and
Sanctions Against Violators

Article 78. Policies 36 towards Persons who are Productive
Article 79. Measures against Violators
Article 80. Re-Educational Measures
Article 81. Fines
Article 82. Penal Measures
Article 83. Additional Measures

Part VIII - Final Provisions

Article 84. Implementation
Article 85. Effectiveness


Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR

LAO PEOPLE’S DEMOCRATIC REPUBLIC
PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY

National Assembly No. 105/PO

DECREE of the PRESIDENT of the LAO PEOPLE’S DEMOCRATIC REPUBLIC
On the Promulgation of the Law on Agriculture

  • Pursuant to Chapter 5, Article 53, point 1 of the Constitution of the Lao
    People’s Democratic Republic which provides for the promulgation of the 
    Constitution and of laws which are adopted by the National Assembly;
  • Pursuant to the Resolution No. 01-98/NA, dated 10 October 1998, of the
    National Assembly regarding the adoption of the Law on Agriculture; and
  • Pursuant to Proposal No. 13/NASC, dated 15 October 1998, of the National
    Assembly Standing Committee.

The President of the Lao People’s Democratic Republic Decrees that:

Article 1. The Law on Agriculture is hereby promulgated.
Article 2. This decree shall enter into force on the date it is signed.

Vientiane, 6 November 1998
The President of the Lao People’s Democratic Republic
[Seal and Signature]
Khamtay SIPHANDONE


Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR

LAO PEOPLE’S DEMOCRATIC REPUBLIC
PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY

National Assembly      01-98/NA
dated 10 October 1998

LAW ON AGRICULTURE

Part I
General Provisions

Article 1. Function of the Law
   The Law on Agriculture has the function of determining principles,
rules, and measures regarding the organisation and activities of agricultural
production which is the basis of the country's economy, including
management and preservation of agricultural activities and production [with
the following aims:] to encourage, promote, and expand agricultural
production to guarantee the food supply and [to guarantee] commodity
production[;] to create favourable conditions for building and expanding agro-
industrial processing[;] to contribute to national economic growth[;] to make
people wealthy[;] to strengthen the nation[;] and to avoid damaging and
endangering the environment. Top

Article 2. Agriculture
   Agriculture [refers to] cultivation, animal husbandry and fishery for
consumption and [for producing] food for the public, raw materials to supply
industrial processing factories, and commodities for domestic consumption
and export. Top

Article 3. Promotion of Agricultural Production
   The State encourages and promotes the [multi-ethnic] people and all
economic parties, both domestic and foreign, to progressively make broad and
modern investments in agricultural production that produces food,
commodities, [and] raw materials for supply to domestic processing factories
and for export. Top

Article 4. Protection of the Rights and Interests of those who carry out Agricultural Activities 1
   The State protects the rights and interests of those carrying out
agricultural activities by determining rules, laws, provisions, regulations and
policies 2 , such as credit policies, policies for exemption from or reduction of
duties [and] taxes, [and] restrictions on the importation of some types of non-
essential agricultural products in order to promote agricultural production and
to encourage distribution domestically and abroad. Top

Article 5. Agricultural Land
   Individuals and organisations who have received permission to
undertake agricultural activities do not have the right to [fill]3 agricultural land
or excavate agricultural land, in any form or manner, causing such agricultural
land to change from its original condition, without first receiving approval
from the agriculture and forestry sector 4 .
   Agricultural land shall be protected in accordance with Article 6 of the
Land Law. Top

Article 6. Environmental Protection
   Individuals and organisations undertaking agricultural production are
obligated to protect the environment. Agricultural producers must use
appropriate methods and measures to protect the land, water, forests, the air
and others 5Top

Article 7. International Agricultural Cooperation
   The State promotes international agricultural cooperation to create
conditions enabling agricultural activities to grow and to progressively
become modern. Top

Part II
Agricultural Activities

Article 8. Agricultural Activities
   Agricultural activities [refers to] activities relating to cultivation,
animal husbandry and fishery. Top

Article 9. Types of Agricultural Activities
   Agricultural activities in the Lao People's Democratic Republic are
divided into various types such as activities relating to[:] agricultural land,
irrigation, plant and animal species, fertilizers and animal feed, insecticides
and animal medicines, agricultural tools, vehicles and machinery, warehouses,
processing of agricultural products, the agriculture market, [and] international
agricultural cooperation. Top

Article 10. Rights and Duties of those who undertake Agricultural Activities
   Those who undertake agricultural activities have the following rights:

  • To receive legal protection;
  • To own assets and the products of their agricultural activities;
  • To receive professional and technological advice and assistance
    from the agriculture and forestry sector;
  • To transfer and succeed to agricultural activities 6 .

   Those who undertake agricultural activities have the following duties:

  • To properly use agricultural land in accordance with its purpose 7
    and with the laws and regulations;
  • To not cause damage to other people's production or the social and
    natural environment;
  • To report animal epidemics;
  • To fulfil obligations with respect to unavoidable circumstances 8 ;
  • To comply with technical safety standards;
  • To meet tax and duty obligations and other obligations relating to
    agricultural activities;
  • To report the results of agricultural activities in accordance with
    the contract 9;
  • To cooperate with administrative and inspection officials in
    respect of agricultural activities. Top

Chapter 1
Agricultural Land

Article 11. The Use of Agricultural LandThe Use of Agricultural Land
   The State allocates and promotes the use of agricultural land for
production in conformity with targets [and] according to the abilities of each
area [of land], so that each household has [sufficient] land to undertake
production subject to their labour and capital capacities, by granting the right
to use 10or a lease in accordance with the laws and regulations, with the
primary objective of raising the productivity of the land to progressively
transform it into intensive agriculture.
   The State attends to the allocation of land to the [multi-ethnic] people
for permanent cultivation to progressively decrease and ultimately stop the
practice of slash and burn agriculture. Top

Article 12. Types of Agricultural Land
   Agricultural land is divided into two types:

  • Land for cultivation; 
  • Land for animal husbandry.

   Land for cultivation includes:

  • Flat lands;
  • Highlands or hilly land.

   Land for animal husbandry is degraded11 land or types of weeded areas
which can be converted to plant crops and grass for animal husbandry or land
upon which a pond can be dug for raising aquatic animals. Top

Article 13. Conversion of Agricultural Land
   The conversion of one type of agricultural land into another type of
agricultural land must first be approved by the agriculture and forestry sector
according to the size of the land to be converted. Top

Article 14. Upgrading Agricultural Land
   Individuals and organisations who undertake agricultural production
must attend to improving the land to make it fertile, usable for long periods of|
time and productive for cultivation and animal husbandry by using various
fertilizers, such as: animal waste, compost, green manure, saltpetre, lime, peat,
[and] gypsum. Top

Article 15. Conditions for the Use of Agricultural Land
   Individuals and organisations intending to receive land for agricultural
production must seek approval from the State as provided for in Article 7
paragraph 2 of the Land Law 12 .
   Individuals and organisations who have received approval to use
agricultural land as provided for in paragraph one above, must properly use
such [land] in agricultural production in conformity with the purpose [of the
land], productively, and in accordance with the laws and regulations.
   If those who have received approval to use agricultural land do not
adhere to the conditions referred to above within three years from the date of
approval, their rights to use such land shall expire as provided for in Article 18
of the Land Law. Top

Chapter 2 - Irrigation 13

Article 16. Irrigation
   Irrigation is the supply of water to agricultural production by various
means, such as building reservoirs, weirs, flood gates, pumping water, and
building irrigation ditches. Top

Article 17. Use of Irrigation
   Because the agricultural production of the country is still nature-
dependent and subject to the threat of droughts and floods, to achieve
productive commodities production, it is necessary to build irrigation for use
in agricultural production.
   The use of irrigation in agricultural production must comply with the
Law on Water and Water Resources. Top

Article 18. Building and Management of Irrigation
   Irrigation activities are in three scales:

  • Small-scale irrigation;
  • Medium-scale irrigation;
  • Large-scale irrigation.

   Small-scale irrigation [refers to] irrigation that serves a production area
of less than 100 hectares; medium-scale irrigation [refers to] irrigation that
serves a production area of 100 to 500 hectares; large-scale irrigation [refers
to] irrigation that serves a production area exceeding 500 hectares.
   Small-scale irrigation is irrigation that families, groups of people, or
associations of water users invest in and build, and manage and use
themselves. If necessary, the State may provide support, and contribute to the
building of small-scale irrigation.
   Medium-scale irrigation is irrigation that a cooperative [or] an
association of water users invest in and build, and manage and use themselves.
For medium-scale irrigation with sophisticated technical [specifications] and
which demand a large investment, the State and the people will jointly invest
in building such irrigation and then transfer the ownership to the people for
their own management and use.
   Large-scale irrigation is irrigation that the State and the people jointly
invest in to build. In the event that the management of such irrigation does not
involve sophisticated technical [specifications], it shall be assigned to the
people to manage. If the management of such irrigation involves sophisticated
technical [specifications], the State will participate in the management of such
irrigation. Top

Article 19. Reservoirs
   A reservoir is a system for collecting water by excavating a holding
area [and] damming a stream or river to have sufficient water supply, to store
water for agricultural production and family consumption, [and] to ensure the
continued existence of the natural and social environment. Top

Article 20. Weirs
   Weirs are the damming of water flows, such as streams and rivers[,] 14
to increase water levels and to use such water in agricultural production areas. Top

Article 21. Pumping Water
   The pumping of water is taking water from the surface of the ground or
from under the ground for use in agricultural production by means of
rudimentary or modern equipment, such as: a water pump [or] a water turbine. Top

Article 22. Unavoidable Natural Facts and Circumstances
   The person who possesses land below must accede to the regular and
natural flow of the watercourse from the land above across such person’s land.
   In the event that the person who possesses land below dams up water
causing damage to the person who possesses land above[,] 15 the person
possessing the land below shall be liable to compensate for any damage that
occurs.
   The person who possesses land above has no right to interfere with the
regular and natural flow of the watercourse down to the land below, causing
damage to those who use water on the land below.
   If there is interference causing damage to those who use water on the
land below, the person possessing the land above shall be liable to compensate
for the damage in accordance with the laws. Top

Article 23. Unavoidable Legal Circumstances
   Individuals or organisations who have agricultural land in the middle
of or adjoining another person's land [where such land] has no exit, or has no
irrigation ditches or electricity installed on that land to use for agricultural
production, have the right to request that a road [or] irrigation ditch be built or
that electricity wires be extended onto their land over others' surrounding land
as appropriate, and the person [from whom permission is] being requested
must give approval for such passage as provided for in Article 35 of the Law
on Water and Water Resources, Article 61 of the Land Law and Article 28 of
the Law on Electricity.
   If the building of a road, an irrigation ditch or the installation of
electricity wires over another's land causes damage to the person who gave
permission for such passage, the person receiving the permission must
compensate for such damage in accordance with the laws.
   In the event that the person permitting passage also receives benefits,
no demand for damages shall be made, except [in the event that] permitting
such passage causes damage exceeding the benefits received. Top

Chapter 3
Seeds and Animal Species

Article 24. Seeds
   Plant species [refers to] species of either annual or perennial plants
which may be pure species or hybrids, or traditional species which have been
improved upon, developed, expanded 16, or made into a new more productive
species by scientific and technical processes that have been acknowledged and
approved for use in production by the Ministry of Agriculture and Forestry 17Top

Article 25. Animal Species
   Animal species [refers to] types of animal species, which may be pure
breeds, hybrids, traditional species (including quick growing land animals and
aquatic animals that can provide a large, good quality production supply), or a
species derived by selection, improvement, or expansion or that has been
made into a new species by means of scientific and technical processes that
have been acknowledged and approved for use in production by the Ministry
of Agriculture and Forestry. Top

Article 26. Use of Species
   The State encourages people to create and use high quality plant and
animal species appropriate to the special conditions of each locality of the
country to achieve high productivity.
   The import or export of plant and animal species must be approved by
the agriculture and forestry sector. Top

Chapter 4
Fertilizers and Animal Feed

Article 27. Fertilizers
   Fertilizer [refers to] a material which comprises a mix of organic and
chemical substances that have nutrients necessary for plants to grow quickly
and to have a high level of quality, [and] includes [material that] improves the
fertility of cultivated land. Top

Article 28. Types of Fertilizers
   Chemical fertilizers are fertilizers composed of one type of chemical
substance or of a combination [of substances] that are direct plant nutrients,
such as: urea, phosphorus, potassium, and others.
   Organic fertilizers are fertilizers composed of a combination of
substances derived from the disintegration of vegetable remains, animal
carcasses, and many kinds of minerals that are indirect nutrients for plants and
that also help to improve the quality of the soil, such as: compost, animal
waste, and others. Top

Article 29. Using Fertilizers
   The use of all types of fertilizer must be done properly and strictly
according to rules relating to the use of fertilizers, such as: using fertilizers
according to their purpose, type and volume to [achieve] efficient use of
[such] fertilizers, [and] ensuring that the fertilizers cause no danger to the lives
or the health of people and animals.
   The Ministry of Agriculture and Forestry issues rules regarding the use
of fertilizers and determines the types of fertilizers that are seriously
dangerous, the use of which is prohibited. In addition, [the Ministry] must
assist in training and encouraging farmers to primarily use organic fertilizers
and properly use fertilizers according to methods, [and] technical standards,
and according to seasons of production. Top

Article 30. Animal        
   Animal feed [refers to] material used to raise animals, which is derived
from nature, production, or processing, from agricultural produce and from
other substances that have nutritional value.

   Animal feed comprises three types:

  • Fresh foods, such as green grass [and] seeds;
  • Semi-processed foods, such as: rice bran, rice stalks, fermented
    grass, [and] hay;
  • Processed food, such as: food processed according to a nutritional
    formula for each type of animal. Top

Article 31. Management of Fertilizers and Animal Feed
   The Ministry of Agriculture and Forestry determines rules regarding
the management of chemical and organic fertilizers and animal feed in
coordination with relevant parties, such as the industry and handicrafts sector,
[and the] commerce, finance, banking, [and] science, technology and
environmental agencies 18 , in order to determine the type and quality of
fertilizers, to administer the importation, transportation, distribution, storage
and packaging and other activities relating to fertilizers, to ensure that all types
of fertilizers meet the mix standards determined by their formulas, [and] are of
good quality, [and] to encourage domestic production of fertilizers and animal
feed. Top

Chapter 5
Insecticides and Animal Medicines

Article 32. Insecticides
   An insecticide [refers to] a chemically reactive substance used to
protect against and control undesirable insects that cause damage to crops,
including chemical substances used in storing, maintaining and transporting
such [crops].
   Insecticides are derived from combining various chemical substances
processed by factories or are plant abstracts, which are referred as traditional
insecticides. Top

Article 33. Animal Medicines
   Animal medicines are chemically reactive substances made from
chemical components or plant or animal abstracts with medicinal features,
used in preventing and treating diseases in domesticated animals. Top

Article 34. Using Insecticides and Animal Medicines
   Those using insecticides or animal medicines must strictly adhere to
rules and regulations and use them in compliance with their intended purpose,
including the storage of such substances 19 for the efficient use of such
insecticides or animal medicines, to ensure that there is no danger to health or
to the lives of people or animals. Top

Article 35. Management of Insecticides and Animal Medicines
   The Ministry of Agriculture and Forestry determines rules to manage
insecticides and animal medicines in coordination with concerned parties, such
as: the Science, Technology and Environment Agency, the Ministry of Public
Health, the Ministry of Industry and Handicrafts, the Ministry of Commerce,
[and] the Ministry of Finance to determine the type and quality of dangerous
insecticides, and types prohibited for use, to control the import, transport,
distribution, storage, and other activities related to insecticides or animal
medicines, [and] to ensure that these types of medicines have proper
composition according to their formulas and according to technical standards,
and are of good quality.
   All types of insecticides and animal medicines that are approved for
use and distribution must have affixed upon them a clear, conspicuous, and
easily understood label, which states the nature and kind of chemical
substance, details and time period for the use of such chemical substance, its
dangerous properties, and the method of first aid treatment for poisoning. Top

Chapter 6
Agricultural Tools, Vehicles, [and] Machinery

Article 36. Agricultural Tools, Vehicles, [and] Machinery
   Agricultural tools, vehicles, [and] machinery [refers to] tools, vehicles,
[and] machinery used in cultivation and in animal husbandry which include:

  • Tools and vehicles used to clear areas for cultivation or animal
    husbandry, to modify land surfaces, for plowing, harrowing,
    sowing and planting, weeding, fertilizing, repelling or killing
    insects, harvesting, threshing, storing, milling, grinding, and
    transporting[. Such tools and vehicles may be] made of
    unsophisticated or elementary tools, such as: hoes, spades,
    shovels, and oxcarts; or may be modern vehicles and machinery,
    such as: bulldozers, plows, [and] mechanized threshers; 20
  • Tools, vehicles, and machinery to protect, maintain, raise and treat
    animals;
  • Tools to process and cull agricultural products, coolers, and
    others. Top

Article 37. Production of Agricultural Tools, Vehicles, [and] Machinery
   The Ministry of Industry and Handicrafts determines rules and
technical standards for the import or production of agricultural tools, vehicles
[and] machinery in coordination with the Ministry of Agriculture and Forestry
and the Science, Technology and Environment Agency. Top

Chapter 7
Warehouses

Article 38. Warehouses
   Warehouses [refers to] buildings [or] places for the storage of
agricultural products, fertilizers, animal feed, insecticides and animal
medicines, for long term maintenance of quality, and includes: rice cribs,
granaries, fertilizer and animal feed silos, cold storage for vegetables, fruits,
fresh meats, [and] fresh milk and special storage for insecticides and animal
medicines. Top

Article 39. Building Warehouses
   Warehouses must be built in accordance with regulations and technical
standards determined by the Ministry of Agriculture and Forestry. In addition,
[warehouses must be built] in accordance with town planning regulations. Top

Chapter 8
Agricultural Product Processing
21

Article 40. Agricultural Product Processing
   Agricultural product processing [refers to] taking produce derived from
cultivation, animal husbandry and fishery and processing it as a half finished
product, such as by fermenting or drying it, or as a finished product, such as
by canning, pressing vegetable oils, producing consumables, and others. Top

Article 41. Building Agricultural Plants and Agricultural Product Processing
Factories

   Agricultural plants and agricultural product processing factories must  
be built in accordance with regulations and technical standards established by
the Ministry of Industry and Handicrafts and the Ministry of Public Health. In
addition, [agricultural plants and agricultural product processing factories
must be built in accordance with] town planning regulations. Top

Chapter 9
Agricultural Markets

Article 42. Agricultural Markets
   An agricultural market [refers to] a place where agricultural products
are bought and sold between producers and consumers, including the sale of
agricultural products in commodity trading. Agricultural markets are
important in encouraging the agricultural production movement in the Lao
People’s Democratic Republic in order to provide a sufficient level of food
and to serve as commodity exports. Top

Article 43. Building Agricultural Markets
   Agricultural markets must be widely established in many forms and
levels, both domestically and abroad, as places to distribute agricultural
products[. There should also be] 22 established agricultural cooperatives,
companies that bind themselves to buy and sell through direct links with
farmers, [and] agricultural products export companies. Top

Chapter 10
International Cooperation on Agriculture

Article 44. Technical Cooperation
   The State broadens international cooperation on agriculture through the
exchange of know how, technical expertise, management, [and] modern
scientific technologies use of science [and] modern technology for the
development of agricultural activities in the country, in order to achieve
growth and a high level of efficiency. Top

Article 45. Foreign Economic Cooperation
   The Lao People's Democratic Republic seeks foreign capital to expand
cultivation and animal husbandry, and attracts foreign investment into
agricultural activities. Top

Part III
Investment in Agricultural Activities

Article 46. Investment in Agricultural Activities
   Investment in agricultural activities [refers to] investment in
cultivation, animal husbandry and fishery to undertake agricultural production
or agricultural business. Top

Article 47. Forms of Investment 
   The forms of investment in agricultural production comprise:

  • Investment by family units;
  • Joint investment by people;
  • Private investment;
  • The State invests on its own in the event that no other party
    invests, but such investment is important and necessary for the
    benefit of the multi-ethnic people;
  • The State invests with domestic or foreign private parties;
  • Private domestic and foreign investment;
  • Wholly foreign investment.

   Investment in agricultural production is in three scales, such as:

  • Small-scale agricultural production and business;
  • Medium-scale agricultural production and business;
  • Large-scale agricultural business.

   The Ministry of Agriculture and Forestry determines the scale of
agricultural production and business in coordination with the Committee for
the Management and Promotion of Investment 23Top

Part IV
Promoting Agricultural Production

Article 48. Objectives
   The promotion of agricultural production has the objectives of
ensuring that agricultural products are quantitatively and qualitatively
guaranteed to satisfy the demands of society and that there are sufficient
reserves and [sufficient amounts to] be sold as commodities. Top

Article 49. The Contents of Agricultural Production Promotion
   To ensure maximum productivity of agricultural production, the
promotion of agricultural production shall be undertaken in a comprehensive
manner and comprise:

  • Capital and promotion fund;
  • Plant and animal species;
  • Fertilizer and animal feed;
  • Insecticides and animal medicines;
  • Agricultural tools, vehicles [and] machinery;
  • Irrigation;
  • Technical Expertise;
  • Agricultural information and data;
  • Research centres and experimental stations;
  • Farmer training;
  • Warehouses, curing and cold storage [facilities];
  • Agricultural product processing;
  • Seed banks and animal banks;
  • Marketing;
  • Pricing;
  • Protecting farmer benefits. Top

Article 50. Capital and Promotion Funds
   Capital and promotion funds [refers to] financial vehicles used in
agricultural production. The State will encourage people to take loans, such as
short, medium and long term [loans], to undertake agricultural production
from time to time, with concessional interest rates, and will also attract foreign
assistance to encourage agricultural production.
   In the event of a natural disaster such as drought, flood, animal
epidemic, insect infestation or other event causing serious damage to
agricultural production, the State may have reasonable policies to grant grace
periods for the repayment of loan principal and interest that the State has
granted to farmers.
   The State establishes an agricultural promotion fund to encourage
efficient agricultural production. The agricultural promotion fund is derived
from:

  • Capital contributed by the State;
  • Capital contributed by the people;
  • International assistance. Top

Article 51. Plant and Animal Species
   The Ministry of Agriculture and Forestry, in coordination with the
Science, Technology and Environment Agency, the National University of
Laos and local administrations, is responsible for scientific research to seek
out plant and animal species, both domestically and abroad, that are good and
suitable for the local climatic conditions of each locality of the Lao People's
Democratic Republic in order to achieve highly efficient agricultural
production. Top

Article 52. Fertilizers and Animal Feed
   The State promotes the broad and seasonally timely supply of
fertilizers to farmers to ensure a high volume and quality of agricultural
production[. It] 24 promotes domestic production of organic and chemical
fertilizers and, where necessary, fertilizers may be imported from abroad
according to the laws and regulations.
   The State promotes the supply of animal feed for animals raised by
families or animals raised as a business by encouraging the search for good
species for animal husbandry, both domestically and abroad, the production of
raw materials to supply animal feed plants, [and] the building of animal feed
processing factories.
   In the event that domestic animal feed production is insufficient,
imports from abroad will be permitted according to the laws and regulations. Top

Article 53. Insecticides and Animal Medicines 
   For a prompt and sufficient supply of insecticides and animal
medicines, the State promotes domestic production of insecticides and animal
medicines and allows the import of such insecticides and animal medicines
from abroad when necessary according to the laws and regulations. Top

Article 54. Agricultural Tools, Vehicles [and] machinery 
   Agricultural tools, vehicles [and] machinery [refers to] vehicles
necessary and important to improve the productivity of agricultural
production. The State promotes the domestic production of suitable and
modern agricultural tools, vehicles [and] machinery, and [,] in necessary cases
[,] timely and sufficient imports from abroad are allowed according to laws
and regulations. In addition, the State also encourages the organisation of
agricultural machinery units 25 in various areas primarily used for agricultural
production. Top

Article 55. Irrigation
   In order for agricultural production to be undertaken in many seasons
and be efficient, the State extensively promotes the development of irrigation
at many levels and scales, primarily the excavation of water ponds [and]
reservoirs, the domestic production of water pumps and their import from
abroad in a sufficient number according to the laws and regulations.
   Administrative authorities have the duty to encourage and mobilise the
building of irrigation systems through individual or collective capital, joint
investment by the State and people, or investment by State on its own. Top

Article 56. Technical Expertise
   In agricultural production, technical expertise is a decisive factor. The
State has the duty to build up agricultural technicians at many levels to meet
the needs of, to encourage, and to instruct farmers from the date of preparation
for production to the date of harvest, as well as during storage, initial
processing, packaging and transporting [produce] to market.
   In addition, the State also encourages other parties to build up
agricultural technical expertise. Top

Article 57. Agricultural Information and Data
   The State shall provide information, data and statistics regarding
agricultural production such as: techniques for cultivation, animal husbandry
and fishery, plant and animal species, international quality and standards, price
fluctuations in the marketplace, meteorological information, hydrological data,
and others[. The State shall also] 26 create a system to collect information, data,
and statistics from the level of villages, [and] grass roots units up in order to
derive factual information. In addition, the State also encourages other parties
to contribute agricultural information and data. Top

Article 58. Research Centres and Experimental Stations
   Research centres and experimental stations have a role in research, in
using good experiences within the country and in integrating the use of
international agricultural successes into the country, in order to enhance the
productivity of agricultural production.
   Research centres and experimental stations have the duty to research
and experiment with plant and animal species, fertilizers and animal feed,
insecticides and animal medicines, [and] agricultural vehicle and machinery
production techniques, including cultivation and animal husbandry techniques.
   The State promotes the building and expansion of research centres and
experimental stations in various production areas as deemed suitable. Top

Article 59. Farmer Training
   To make agricultural production efficient [and] capable of [producing]
commodities, the State attends to training farmers regarding cultivation,
animal husbandry and fishery by organising training, study tours, and
seminars, both domestically and abroad, so that they have a broad based
knowledge of how to use scientific techniques and new technology in
agricultural production [and] learn international standards relating to
agricultural products[. The State] 27 also disseminates, learns from, [and]
broadly and timely publicizes good experiences from model families and
agricultural production units.
   The State promotes all sectors to participate in the training of farmers
regarding agricultural production.   
   The State shall incorporate basic agriculture studies into the
educational curriculum. Top

Article 60. Warehouses, Curing and Cold Storage Facilities, and Processing
Factories

   To maintain stable agricultural products that can be stored over a long
period of time, the State extensively promotes people to build warehouses,
curing and cold storage facilities and initial processing factories that conform
to technical standards.
   The Ministry of Agriculture and Forestry has the duty to recommend
and to provide people with technical expertise regarding warehouse systems
curing and cold storage facilities and initial processing factories. Top

Article 61. Seed Banks and Animal Banks
   To ensure that farmers have capital to undertake production and still
meet their family expenses, the State encourages and promotes the
establishment of seed banks and animal banks to satisfy farmers' needs in
times of necessity, so that [farmers] may use their production as loan security
but have the right to sell such secured products when such products yield
higher prices [in the market].
   In addition, seed banks and animal banks also have the purpose of
providing farmers with the ability to borrow seeds or animals in times of
necessity. Top

Article 62. Marketing
   Commodity trading is very important in encouraging commodities
production and broad-based production. Therefore, the State encourages
economic units to seek out both domestic and foreign markets by advertising
commodities, holding exhibitions of agricultural commodities and by
expanding international relations regarding buying and selling and exchanging
agricultural commodities. In addition, the State encourages the people's
agricultural production by means of bilateral agreements, encourages the
establishment of farmer's cooperatives and [encourages] State enterprises to
create binding arrangements to buy and sell agricultural products.
   The import or export of agricultural products must comply with the
laws and regulations. Top

Article 63. Prices
   The State ensures minimum prices for certain agricultural products
necessary for people's lives.
   If necessary, the State shall buy such agricultural products itself to
maintain stable prices, especially during harvest seasons. In addition, the State
shall seek every means to prevent oppressive pricing of agricultural products,
in order to protect producers' and consumers' interests. Top

Article 64. Protection of Farmer's Interests
   The State attends to the protection of farmers' interests by encouraging
the expansion of production and the use of domestic agricultural products,
reducing and restricting the importation of unnecessary agricultural products
from abroad, as well as applying various measures to encourage [such
production] as provided for in Part IV of this law. Top

Part V
Environmental Protection

Article 65. Environmental Protection
   Individuals and organisations who undertake any type of agricultural
activity shall attend to the protection of the social and natural environment,
such as: people, animals, soil, water, forests, and the air. Top

Article 66. Environmental Protection in Cultivation
   Clearing, preparing and using land, activities when building irrigation,
the use of water and fertilizers[,] and the storage of insecticides shall minimise
any adverse impact on people, animals, soil, water, forests and the air. Top

Article 67. Environmental Protection In Animal Husbandry
   Animal husbandry shall be established in a suitable location
[.A]nimals 28 should not be penned under one's house or near public artesian
wells, or near streams, ponds, canals, or marshes. In animal husbandry, one
must regularly attend to sanitizing animal pens to avoid creating an
environment that endangers people's health and the environment. Animals are
not to be raised at the side of national roadways. In animal husbandry, one
must attend to controlling and caring for one's animal to prevent the
destruction of other's crops and to prevent the occurrence of road accidents. Top

Article 68. Environmental Protection in Fishery
   Fishery shall ensure the protection and expansion of fish species and
other aquatic animals. It is forbidden to use fishing equipment or means [of
fishing] with destructive characteristics that can destroy fish species and other
aquatic animals, such as: poison, explosives, electricity, fine mesh cast nets,
fine mesh gillnets [or] scuba masks, including the use of enclosed fence traps,
barrier nets, [and] bag nets 29 in streams to collect small fry [or] large fish
primarily during the breeding season.
   When breeding fish and other aquatic animals, care should be taken to
avoid putrid water endangering the environment. Top

Part VI
Administration and Inspection
30 of Agricultural Activities

Chapter 1
Administration of Agricultural Activities

Article 69. Agricultural Admninistration Agency 31
   The Agricultural Administration Agency comprises:

  • The Ministry of Agriculture and Forestry;
  • The provincial, municipal 32 and special zone agriculture and
    forestry divisions;
  • The district agriculture and forestry offices;
  • Village administrative authorities.

   When necessary, additional specific committees may be organised to
contribute to the administration of agricultural activities. Top

Article 70. Rights and Duties of the Ministry of Agriculture and Forestry
   The Ministry of Agriculture and Forestry when administrating
agricultural activities has the following rights and duties:

  • To serve as the secretariat 33 for the government in elaborating the
    agricultural production strategy, and in transforming [such
    strategy] into a plan, a detailed project, and into rules for
    administration and inspection of agricultural activities;
  • To draft a master plan, a long-, medium-, and short-term plan, and
    project [documents] relating to agricultural production
    development;
  • To issue rules and regulations for production, environmental
    protection and agricultural activities development throughout the
    country;
  • To study and comment on applications seeking to conduct large
    scale or significant agricultural business;
  • To undertake technical and scientific agricultural research, to
    establish a network of research centres and experimental stations,
    and agricultural promotion units throughout the country, to
    provide statistical agricultural information and data, [and]
    meteorological and hydrological information and data;
  • To coordinate with local administration and relevant parties to
    survey potential natural resources and areas suitable for intensive
    agriculture;
  • To inspect agricultural activities to ensure the implementation of
    regulations, laws, and technical standards for productive
    production;
  • To build, strengthen, [and] upgrade technical abilities of mid-level
    and high- level technicians in coordination with the National
    University of Laos, including providing instruction to build up and
    upgrade [the skills of] low-level technicians and farmers
    throughout the country;
  • To cooperate with foreign parties in agricultural development;
  • To exercise such other rights and perform such other duties in the
    administration of agricultural activities within its scope of
    responsibility. Top

Article 71. Rights and Duties of the Provincial, Municipal and Special Zone
Agriculture and Forestry Divisions
   The rights and duties of provincial, municipal and special zone
agriculture and forestry divisions with respect to the administration of
agricultural activities are as follows:

  • To be the direct secretariat for the Ministry of Agriculture and
    Forestry and for provincial, municipal, and special zone
    administrative authorities with respect to agricultural tasks;
  • To elaborate the master plan, [and] long-, medium-, and short-
    term plans [to transform them into] detailed projects to facilitate
    implementation;
  • To build, strengthen, [and] upgrade low-level agricultural
    technicians within the district and farmers within the province;
  • To study and comment on applications seeking to conduct
    agricultural business within their areas of responsibility;
  • To survey the natural resource potential and agriculture intensive
    areas, including allocating agricultural land within their areas of
    responsibility;
  • To exercise such other rights and perform such other duties
    relating to the administration of agricultural activities within their
    areas of responsibility. Top

Article 72. Rights and Duties of District Agriculture and Forestry Offices
   The rights and duties of the district agriculture and forestry offices
with respect to the implementation of agricultural activities are as follows:

  • To be the direct secretariat for the provincial, municipal and
    special zone agriculture divisions, and for the district
    administrative authorities in [such authorities’] implementation of
    plans, provisions, regulations, and instructions from the
    provincial, municipal, and special zone agriculture divisions
    regarding agricultural production;
  • To conduct the actual implementation of long-, medium-, and
    short-term plans and various agricultural projects relating to
    agricultural development in each village;
  • To survey potential natural resources and areas suitable for
    intensive agriculture, including allocating agricultural land within
    their areas of responsibility;
  • To train and instruct people with respect to intensive agricultural
    techniques for cultivation, animal husbandry and fishery;
  • To exercise such other rights and perform such other duties
    relating to the implementation of agricultural tasks. Top

Article 73. Rights and Duties of Village Administrative Authorities
   The rights and duties of village administrative authorities with respect
to the implementation of agricultural tasks are as follows:

  • To conduct the actual implementation of plans, activities, rules,
    regulations, and instructions of district agriculture and forestry
    offices and district administrative authorities regarding
    agricultural production;
  • To mobilise and encourage farming families to produce food for
    self-sufficiency, and to produce excess to serve as reserves and as
    commodities by using intensive agriculture, primarily by
    disseminating the use of new and modern techniques and by
    leading the people to undertake their work productively;
  • To allocate areas for cultivation and animal husbandry to each
    family within the village;
  • To exercise such other rights and perform such other duties
    regarding the implementation of agricultural tasks as assigned to
    them by the district agriculture and forestry offices and by the
    district administrative authorities. Top

Chapter 2
Inspection of Agricultural Activities

Article 74. Inspection of Agricultural Activities
   The inspection of agricultural activities [refers to] the inspection and
observation of agricultural activities in order to ensure that such activities
comply with objectives 34 , the Law on Agriculture, rules, and other laws, so
that agricultural production is productive but also ensures the safety and
protection of the environment. Top

Article 75. Agricultural Inspection Agency
   In the agriculture and forestry sector, in addition to the Agricultural
Administration Agency, there is also an Agricultural Inspection Agency.
   When necessary, specific committees composed of many parties may
be established to inspect agricultural projects and activities in certain areas
that violate the directives, policies, regulations and laws. Top

Article 76. Contents of an Inspection
   The inspection of agricultural activities primarily includes the
following contents:

  • Implementation in compliance with an outlined plan;
  • Implementation of production targets;
  • Productivity of the production;
  • Compliance with regulations and laws with respect to production;
  • Fulfilment of obligations with respect to production;
  • Meeting safety measures in production;
  • Environmental protection. Top

Article 77. Method of Inspection
   The inspection of agricultural activities may be conducted through a
system of regular inspections, inspections by advance notice, or surprise 35
inspections, as the case may be.
   For technical or professional inspections, the Ministry of Agriculture
and Forestry may organise technical or specialised committees composed of
technical or relevant professional personnel appointed by the Minister of
Agriculture and Forestry.
   The inspection of agricultural activities shall be coordinated with
relevant parties, such as: the industry and handicrafts sector, the Science,
Technology and Environment Agency, the National University of Laos, and
local administrations. Top

Part VII
Policies towards Persons who are Productive and
Sanctions Against Violators

Article 78. Policies 36 towards Persons who are Productive
   Individuals and organisations with excellent results in technical and
scientific research used in agricultural production, in productive
administration, in encouragement, promotion, and development of agricultural
production, as models for one's village, district, province, or throughout the
country, in protecting the environment, and in conducting agricultural
activities in accordance with the laws and regulations of the Lao People's
Democratic Republic, will be rewarded and will receive various policies, such
as: credit allowances, tax and duty reductions or exemptions, and other
policies as determined by the government. Top

Article 79. Measures against Violators
   Those who violate this law shall be re-educated 37 , fined, or subject to
sanction according to the law. Top

Article 80. Re-Educational Measures
   Individuals or organisations committing minor violations of this law,
such as: failing to report results of agricultural activities undertaken by
contract; failing to report an animal epidemic; operating in conflict with
technical standards and other minor violations shall be warned and shall be re-
educated. Top

Article 81. Fines
   Individuals or organisations violating this law shall be subject to a fine
equal to double the value of the actual damage arising from any of the
following wrongful acts:

  • Operating an agricultural business without a license when such
    licence is required as provided in Article 8 of the Business Law, or|
    failing to extend an expired license;
  • Inaccurate reporting;
  • Failing to adhere to technical safety measures and causing damage
    to others;
  • Failing to implement measures to avoid affecting the environment;
  • Causing damage to production as a result of one's wrongful acts,
    such as: causing deterioration of agricultural land, failing to
    prevent the spread of crop or animal diseases, damaging others’
    production, irrigation systems, streams, ditches, canals, marshes,
    and others;
  • Failing to cooperate with officials administering and inspecting
    agricultural activities or failing to perform according to an
    agricultural production contract. Top

Article 82. Penal Measures 
   Any individual committing a violation of this law which constitutes a
penal offence, such as: falsifying licenses to conduct agricultural activities,
abuse of duty and title to seek personal interest, failing to implement safety|
standards causing death [or] injury or causing damage to the assets of the
State, the collective or the people, shall be punished according to the Penal
Law. Top

Article 83. Additional Measures
   In addition to the measures provided in articles 81 and 82 of this law,
violators causing serious damage to State assets [or] to the social or natural
environment, shall be subject to additional measures, such as: suspension of
agricultural activities, withdrawal of license, [and] confiscation of vehicles
used to commit the offence. Top

Part VIII
Final Provisions

Article 84. Implementation
   The government of the Lao People's Democratic Republic shall
implement this law. Top

Article 85. Effectiveness
   This law shall enter into force on the date of its promulgation by a
decree of the President of the Lao People's Democratic Republic.
   Any regulations, provisions and rules that are inconsistent with this
law shall be null and void. Top

Vientiane, 10 October 1998
President of the National Assembly
[Seal and Signature]
Samane VIGNAKET


Endnotes

1 In the Lao language, the same word is used for “activities” and “operations”. The translators
have chosen the English equivalent based on whether the context suggests a reference to individual
actions or tasks (“activities”) or to a system of related actions or tasks, especially when attributed to an
organisation or factory (“operations”). However, readers may wish to note and to bear in mind the
other possible intended meaning

2 The term “policies” in this context takes the meaning of “privileges”

3 The meaning here is to put earth on top of

4 The word “sector” is often used to refer to the cluster of government ministries or agencies
engaged in a particular activity

5 The term “and others” is a literal translation and is not subject to further specificity

6 The reference here is to being able to transfer the undertaking

7 The reference here is to objectives that may have been established for the land in question
under national plans, etc. Readers may wish to refer to the Land Law for more information on the
purpose of land

8 Readers may wish to refer to Article 22 of this law which deals with unavoidable
circumstances

9 The reference here is to cases where agricultural activities are performed under a contract in
which some other party may have an interest

10 Readers may wish to refer to the Land Law for more information on rights in land, one of
which is “the right to use”

11 The term “degraded” is used here to refer to “unforested”

12 Readers may wish to note that the Land Law has since been amended and article references in
this law to the previous Land Law may not be consistent with the new Land Law          

13 Readers may wish to note that “irrigation” is sometimes used elsewhere in this law (as a
standalone word without any qualifying nouns or adjectives) in what appears to be a reference to
“irrigation activities”, “irrigation facilities” or “irrigation system”. The translators have not been able to
determine which of these possibilities may have been intended and have translated the Lao word as
“irrigation”

14 For readability, the punctuation in this sentence has been modified

15 For readability, the punctuation in this sentence has been modified

16 The term “expanded” refers to improving the yield of the species

17 It would appear that the requirement for approval only modifies the last clause of the sentence

18 The reference is to governmental agencies responsible for commerce, finance, banking and
science, technology and environment

19 In the Lao language, the same word is used for “medicine” and “insecticide”. When the
reference is meant to encompass both terms, the translators have chosen to use the word “substances”

20 For readability, the structure of this sentence has been modified

21 Readers may wish to note that “agricultural product processing” is used in some articles of
this law as an adjectival phrase and is sometimes combined with one or more nouns to form complex
noun strings. In cases where it may not have been possible to recast such noun strings without radically
rearranging the structure of the text, the translators have translated the text as it appears in Lao

22 For readability, the structure of this sentence has been modified

23 Readers may wish to note that the Law on the Promotion and Management of Foreign
Investment has since been amended and the name of the committee used here may not be consistent
with that used in the new law

24 For readability, the structure of this sentence has been modified

25 The term “units” refers to work units engaged in a particular activity. In this article, the unit is
involved in activities relating to agricultural machinery and is therefore referred to as an “agricultural
machinery unit”. Similarly, in Article 59, there is a reference to “agricultural production units”, and in
Article 62 to “economic units”

26 For readability, the structure of this sentence has been modified

27 For readability, the structure of this sentence has been modified

28 For readability, the structure of this sentence has been modified

29 These terms refer to various types of traditional methods to trap fish

30 In the Lao language, the same word is used to represent all of the following related (but
slightly different) concepts: “control”, “inspection”, “supervision”, “audit” and “monitoring”. As used
in Part VI of this law, the translators have chosen “inspection” (and its variants) as the most appropriate
English equivalent but readers should note and bear in mind the other meanings that might have been|
intended

31 In the Lao language, the word roughly meaning “the entire organisation of responsible
governmental agencies” is capable of being translated as any one of the following English words:
“organisation”, “agency”, or “authority”. In choosing which English word to use, the translators have
adopted the following convention. Where the governmental agencies in question have in practice
adopted an English term for themselves (e.g., the Tax Authority), the translators have used that term.
Otherwise, as in this law, the translators have used the generic term “organisation”.

32 This Law on Agriculture was enacted before the Law on Local Administration. The reader
should therefore not assume that the hierarchical relationships and designations described in some
detail in the Law on Local Administration applied when this law was enacted. Specifically, the
translators are aware that the local administrative territories referred to in this law as “municipalities”
may not be the same as those referred to as “municipalities” in the Law on Local Administration, even
though the Lao word used in both laws is the same.

33 The literal translation is “secretariat”. However, in the context, the meaning goes beyond
administrative and clerical role, to connote strategic advice and implementation.

34 The term “objectives” refers to strategic objectives

35 The Lao word also connotes “inspection in emergency cases”

36 The term “policies” in this context takes the meaning of “privileges”

37 Here, “re-educated” does not mean the same as “re-education without deprivation of liberty”
referred to in the Penal Law

Download English: Agriculture Law No. 01-98/NA