Lao People’s Democratic Republic
Peace Independence Democracy Unity Prosperity

Ministry of Science and Technology   Ref. No. 0307/DSM

Vientiane capital, date 01 March 2018

Decision
of Minister of Science and Technology on Management, Inspection Quality Verification of Construction Products in Lao PDR

• Pursuant to the Standard Law (amendment) Ref. No. 49/NA, dated 18 August 2014;
• Pursuant to the Law on Construction Ref. No. 05/NA, dated 26 November 2009;
• Pursuant to the Prime Minister’s Decree on Organization and Activities of the Ministry of Science and Technology Ref. No. 314/PM, dated 29 September 2017.
• Pursuant to the request of the Department of Standard and Methodology Ref. No. 0950/DSM.MOST, dated 19 December 2017.

Minister of Science and Technology issues the Decision:

Chapter 1
General Provision

Article 1. Objectives

This decision sets out the principles, regulations and measures for managing, inspecting and certifying the quality of construction products manufactured, processed, imported, exported and distributed in Lao PDR, on the basis of legality, principles, laws and national standards in accordance with regional and national laws and regulations; The aim is to provide quality construction products for construction work and contribute to national socio-economic development.

Article 2. Definition of construction products

Construction products are finished products that are processed, processed, and used for the construction, building, installation and repair activities in accordance with national, regional and international standards.

Article 3. Description of used terms

The terms used in this Decision are:

1. Business operators on construction products refers to individuals, entities, and organizations, both domestically and internationally that are legally registered in compliance with the Enterprise Law in the business of providing construction products in the Lao PDR;
2. Consumers refer to individuals, entities, and organizations that use construction products from business people who are operating in construction products providers;
3. An official means a person appointed by the governing or government body concerned to inspect the quality of construction products;
4. The Lao National Standards (abbreviated LS) refers to the standards adopted by the National Council for Standards and adopted by the Ministry of Science and Technology;
5. Standard mark refers to the product certification mark, management system or certification system as prescribed by the Ministry of Science and Technology or other designated organization;
6. Quality refers to the required characteristics of physics, chemistry and mechanics in accordance with national, regional and international standards;
7. Quality mark refers to the symbol that has been verified through quality control of the construction products by the relevant management bodies;
8. Certification of construction products means the implementation of official organizations in recognition and issuance of quality certificates from management, inspecting and verifying the quality of construction products;
9. Quality certification refers to documents issued by a governmental authority that has the authority to certify approved construction products in accordance with technical, national, regional and international standards.

Article 4. Scope of application

This Decision applies to all individuals, entities, and domestic and international organizations operating in the manufacture, processing, importing, importing, exporting, and distribution in the Lao PDR regarding the construction products set out in Article 5 of this Decision.

Chapter 2
Construction Product Categories

Article 5. Construction product categories

Construction products that are important to the construction work shall be managed, inspected and certified in 10 categories:

1. Soil-based construction products;
2. Rock-based construction products;
3. Wood-based construction products;
4. Construction products made from cement;
5. Construction products made from glass;
6. Metal-based construction products;
7. Construction products made from various minerals;
8. Construction products made from rubber;
9. Construction products made from fabric;
10. Colored construction products.

Article 6. Inspection and certification of quality of construction products

All construction products identified in Article 5 above shall be subjected to inspection and certification by the relevant governing body. A list of covered construction products are provided in the Appendix.

Chapter 3
Inspection, Quality Certification, Collection of Fees and Fines

Article 7.  Basic principles of inspection and certification of quality of construction products

The basic principles of quality inspection of construction products are aimed at enhancing the quality and socio-economic efficiency of the management, service and protection of consumers of construction products based on the following principles:

1. Ensure security for life, property, environment and meet social needs;
2. Ensure fairness, fairness, equality and transparency, verifiableness, avoid discrimination, create barriers to the business of construction products;
3. Ensure compliance with national, regional and international standards; Consistent with the reality and the ability to carry out inspection of quality of construction products;
4. Ensure manufacturers, processors, importers, importers, and distributors meet the product quality assurance principles and procedures;
5. Every inspection conducted by the inspection committee shall be subjected to the notification or decision issued by the Department of Standard and Methodology, Provincial and District Science and Technology Office.

Article 8. Construction product quality inspection model

There are 03 forms of quality inspection of construction products:

1. Inspect the quality before importation, export, and distribution of construction products;
2. Inspect the quality of construction products, sold in the market on a regular basis, every six (6) months;
3. Inspect the quality of construction products that are manufactured, processed, imported, exported and dispatched (in an emergency) shall be inspected without prior notification.

Article 9. There are 03 forms of quality inspection of construction products:

Individuals, legal entities and organizations that wish to claim the quality of construction products must submit a request to the relevant governing body. The following are requirements for the product quality certification:

1. Proposals from business people;
2. A copy of the business license for construction products distribution;
3. Copies of documents of production, processing, import, export and distribution of construction products;
4. Certificate of quality of imported raw products (no more than 6 months from the date of certification);

Article 10. The Process for reviewing and approving documents

1. Obtain the application and issue a confirmation letter upon completion of the document specified in Article 9;
2. Applications for quality product validation must be considered within three (3) business days;
3. After a valid, complete document has been submitted for inspection of the quality of construction products in accordance with national, regional and international standards and shall issue a Certificate of Construction Product Quality no later than five (5) business days after receiving the inspection.

Article 11. Issuing quality certification

The construction products of individuals, legal entities and organizations that import, export and distribute shall be subject to inspection and certification in accordance with national, regional and international standards from the Department of Standard and Methodology, Provincial Department of Science and Technology, and the city.

Construction product quality certification is a legal document and is only required to be used once.

Article 12. Collection of Fees and Fines

Inspection and quality verification of construction products shall be subjected to the following fees, charges and penalties:

1. The fees for inspection, inspection are in accordance with the Presidential Decree on the fees and charges on the measuring works that are periodically announced.
2. The fines are based on the Prime Minister's Decree on fines and measures against violators of the Standard and Methodology Law.
3. To be assigned to the Department of Standard and Metrology, the Provincial and Municipal Science and Technology Offices to be implemented in accordance with fines and measures against violators of the Standard and Methodology Law.

Article 13. Labels and marks

The packaging or containing of each type of construction product shall be labeled and marked on the outside where it is easy and clear, the label must be in the Lao language, for foreign languages ​​its interpretation must be consistent with the Lao language which has the following contents:

1. Product name;
2. Type or category;
3. Production package;
4. Production markers;
5. Trademarks;
6. Name of the factory and country of manufacture and processing;
7. Net volume;
8. Specify the life expectancy for some products (days, months, years);
9. Barcode;
10. Messages or markings that indicate “Caution”;
11. Standard mark (if allowed);
12. Date, month, year of quality inspection.

Article 14. Storing and Copying Documents

          The product quality inspection and inspection documentation include 03 sets:

1. The first set, the management, inspection and certification of the quality of the construction products;
2. The second set, who has inspected and verified the quality of the construction products;
3. The third set, the Local Administration, Inspection and Certification Authority, keep a copy for monitoring.

Chapter 4
Rights, Duties of the Management Body for Inspecting the Quality of Construction Products

Article 15. Management body for inspecting the quality of construction products

The management, inspection and certification of the quality of construction products is the Ministry of Science and Technology, assigned to the Department of Standard and Methodology, the Provincial and City Departments of Science and Technology as assigned.

Article 16. Rights of the management, inspection and quality certification body

The rights of the management, inspection and quality certification body as follows:

1. Manage the system of quality inspections of construction products in accordance with national standards, technical regulations, regional and international requirements;
2. Collect samples of construction products for export for quality inspection in accordance with national, regional and international standards prior to import, export and distribution;
3. Issue the certificate of quality of construction product after the compliance with national, regional and international standards;
4. After inspecting the quality of construction products, if it does not comply with national, regional and international standards, coordinate with relevant sectors to record, warn, temporarily suspend the production, processing, importing, exporting and distribution of construction product for the construction product.
5. Exercise other rights as set out in applicable laws and regulations.

Article 17. Duties of the management, inspection and quality certification body

          The duties of the management, inspection and quality certification body as follows:

1. Coordinate with relevant stakeholders in inspecting the quality of construction products in accordance with national, regional and international standards;
2. Be fair, transparent, equitable and pure in a sense of duty;
3. Clarify timely implementation of quality inspection of construction products for manufacturers, processors, importers, exporters and distributors (excluding emergency inspections);
4. Instruct the manufacturers, importers, exporters, and distributors of construction product products with respect to the procedures for the certification of the quality of construction products;
5. Maintain and provide information to stakeholders on the quality of construction products inspections;
6. Report on the condition of the inspection of the quality of construction products to the concerned parties and high management.
7. Issue quality certificates of construction product that have been properly inspected;
8. Advertise, disseminate quality inspection and quality of construction products to the public through the media;
9. Perform other duties as set out in applicable laws and regulations.

Chapter 5
Rights, Obligations of Business operators and Consumers of Construction Products

Article 18. Rights of the Business operators on the construction products

The rights of the Business operators on the construction products are as follows:

1. Provide service, promotion of construction products after inspection and quality verification;
2. Improve the quality of its products, services, and requesting fairness to the relevant regulatory authorities, if the inspection, inspection of construction products is not justified;
3. Request the relevant management for a review if the quality of the construction products is defective;
4. Exercise other rights as set out in applicable laws and regulations.

Article 19. Rights of consumers

          The rights of consumers are as follows:

1. Select products and services on construction products as needed;
2. Complain to the parties concerned that the use of the products and services is not fair;
3. Propose to the relevant parties when the construction of the construction product business has an impact on the environment and society;
4. Receive information on the quality and services of construction products;
5. Inform the parties of any breach of standards and technical regulations of construction products;
6. Exercise other rights as set out in applicable laws and regulations.

Article 20. Obligations of Business operators on construction products

The obligations of Business operators are as follows:

1. Before the import, export and distribution of domestic products manufactured and processed, the quality must be checked and verified by the relevant authority;
2. Be liable for all damages caused by the construction products as specified in the non-standard construction products management account and have not been certified by the relevant parties in accordance with the law and regulations;
3. Cooperate and facilitate the relevant staff to inspect the quality of construction products from time to time;
4. Perform other obligations as set out in applicable laws and regulations.

Article 21. Obligations of consumers

The obligations of consumers as follows:

1. Use quality certified construction products from concerned parties;
2. Use products and services in accordance with the instructions of the service provider;
3. Perform other obligations as set out in applicable laws and regulations.

Chapter6
Prohibitions

Article 22. Prohibitions for Business operators

Business operators are not allowed to conduct in the following manner:

1. Produce, process, import, export, and distribute in the Lao PDR the construction products listed in the construction product list which has not been properly inspected and certified by the Department of Standard and Metrology at the provincial, district levels as assigned or by the level of management;
2. Advertise inaccurate or misleading construction product products;
3. Interrupt the operations of the inspecting, bribing and conspiring officers of the quality of construction products;
4. Falsify documents and certificates related to construction products.

Article 23. Prohibition for construction product quality inspectors

It is forbidden for the officer who is in charge of the inspection of the quality of construction products to behave as follows:

1. The person who has not been appointed to perform the inspection of the quality of construction products;
2. Perform duties responsibly;
3. Act in a manner of prejudice, bias to persons, legal entities and organizations;
4. Take bribes and abuse their personal interests;
5. Falsify, prolong, and retrieve quality certification documents.
6. Any other behavior that is in violation of the laws.

Article 24. Prohibitions for individuals, legal entities and organizations.

Individuals, legal entities and other organizations are not allowed for acting as follows:

1. Make use of the duties of the inspection of quality of construction products to create barriers and interfere with the work of the official in charge of inspecting, inspecting the quality of construction products;
2. Advocate, promote non-quality construction products;
3. Pollute the environment and, society;
4. Assist, protect, violators of this Decision;

5. Hide, conceal, or act in violation of the laws;
6. Any other behavior that is contrary to the laws.

Chapter 7
Policies for Good Performer and Measures for Violators

Article 25. Policies for good performer

Individuals, legal entities and organizations that have been successful in cooperating, actively contributing to the implementation of the laws related to the management of the quality of construction products or this Decision shall be appreciated or otherwise receive incentive policies in accordance with the laws.

Article 26. Measures for violated officers

Officials who oppose or violate this Decision shall be subjected to disciplinary action, such as education, resettlement, removal or expulsion from the civil servant, and shall also carry out the measures specified in Chapter 8 of the Criminal Code in accordance with the case by case basis and other applicable laws.

Article 27. Measures for violators

Any person, legal entity or organization that contravenes this Decision shall be warned, educated, fined, disciplined, civilized or prosecuted in any case in light of the seriousness of the relevant law.

Chapter 8
Final Provision

Article 28. Implementation

The Ministry of Science and Technology has assigned the Department of Standard and Metrology in connection with the relevant sectors and organizations to implement this Decision according to its role.

Article 29. Effectiveness

This Decision is effective from the date of its signature and after fifteen days of the publication of the Official Gazette. All regulations that conflict with this decision are repealed.

Minister
Ministry of Science and Technology
Borviengkham Vongdala

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Appendix of the Decision on Management, Inspection Quality Verification of Construction Products

List of Construction products
Construction products that are important to the construction work shall be managed, inspected and certified in 10 categories:

Category I. Soil-based construction products includes:
1. Bricks;
2. Roof bricks;
3. Wall, floors for houses and buildings (ceramic);
4. Toilet products derived from production, processing, wholly assembled or partly produced from soil;
Category II. Rock-based construction products include:
1. Wall panel, floors for houses and buildings;
2. Yard rock;
3. Granite
4. Other marble products;
Category III. Wood-based construction products include:
1. Wooden structure;
2. Wooden flame;
3. Plywood;
4. Woodpecker;
5. Flooring;
6. All Categories of finished wood;

7. Railway woods
Category IV. Construction products made from cement:
1. Cement
2. Electric pole;
3. Stake;
4. Concrete pipe;
5. Blogs, worms;
6. Calcite powder;
7. Adhesives;
8. Dissociation;
Category V. Glass products include:
1. Glass used for walls;
2. Glass used for translucent light;
3. Glass used for roofing;
4. Mirror;
Category VI. Metal-based construction products include:
1. Round steel;
2. Steel sieve;
3. Nails;
4. Iron, metal or alloys of various kinds for construction and repair;
5. Lead, lead net, cables;
6. Electrical wiring;
7. Railways;
8. Iron, metal or alloys for the various categories of finishing products used for assembling, installing and repairing;
9. Zinc plates;
10. Alkaline plates;
11. Composite sheets;
12. Aluminum plate.
Category VII. Construction products made from various materials, include:
1. Light ash;
2. Asphalt supplement;
3. Water proof component;
4. Water sewerage;
5. Adhesives.
Category VIII. Construction products made from rubber:
1. Road pavements
2. Rubber for water proof;
3. Rubber used for flooring;
4. Rubber for walls;
5. Rubber for roofing;
6. The products are parts or components used in the construction of repairs;
7. PVC pipe with mounting device;
8. UPVC tube with mounting device;
9. Sanitary ware.
Category IX. Construction products made from fabrics:
1. Anti-heat plate;
2. Sound shield;
3. Synthetic fibers (paraffin);
4. Synthetic fibers;
5. Strengthening fibers;
6. Insulation plate.
Category X. Colored construction products include:
1. Glue;
2. Paint;
3. Greyish color;
4. Thermoplastic.