Lao People’s Democratic Republic
Peace Independence Democracy Unity Prosperity
Prime Minister
Ministry of Energy and Mines
ref no.08/PM
Vientiane Capital, dated 2 July 2018
Order
On the Enhancement in the Administration of Mineral Activities in Lao PDR
To: Ministers, Head of State Equivalents, Head of the Governor of Vientiane Capital and
Head of Governor in the Provinces throughout the country.
- Pursuant to the government Law of Lao PDR (revision) No. 04/ NA, dated 8 November 2017;
- Pursuant to the Promotion Investment Law No. 04/ NA, dated 17 November 2016;
- Pursuant to the Mineral Law No. 02/ NA, dated 20 December 2011;
- Pursuant to the Land Law No. 04/NA, dated 21 October 2003;
- Pursuant to the Forestry Law No. 06/NA, dated 24 December 2007;
- Pursuant to the Environmental Protection Law No. 29/NA, dated 18 December 2012;
- Pursuant to the Order on Stop the Consideration and Granting an Investment Projects for Minerals Exploration and Extraction, Natural Rubber and Eucalyptus Plantation throughout the country No. 13/PM, dated 13 June 2012
- Pursuant to the monthly resolutions of the ordinary government meeting December 2015, No. 12/GoV, dated 31 December 2015.
- Pursuant to the direction and agreed in the meeting of Prime-Vice Ministers on 4-5 July 2017.
- Pursuant to the proposal of the Ministry of Planning and Investment No. 0989/MPI.DPI, dated 03 May 2018.
Through implementation of Prime Minister’s Order No 13/PM, dated 12 May 2012, the government has seen that the development of mining sector bring benefits to nation as well as on social-economic development in the past. However, to ensure doing business on mining area in Lao PDR will be efficient, green and sustainable direction, shall be strengthening on management of mining operation in across the country and get well performance.
Prime Minister’s Order
- Continue to suspend for the new investment projects such exploration, mineral inspection, gold harvest along streams and land across the country until 31 December 2020, except in the case as following:
1.1. Minerals needed for industry and construction as follows:
- Metallic minerals for industry: limestone, granit, laterite, andesite, dolomite, adobe, serpentine, alunite, sulfurs, phosphorus, graphite, megalith, sand producing glass, kart, gneiss, mineral rock, sand, pegmatite, riolite, rocky ridge, slate rock, clay.
- Metallic for construction: Bashan rocks, dolomite stone, granite, gneiss, andesite, reolite, mineral rock, laterite, sandstone, ore, sand and marble.
- Metallic for fuel energy: coal, rock used for burning energy, crude oil and natural gas
- Liquid minerals: hot mineral water and mineral water
- For the projects that the government has suspended or ended contract if there is a new
company interested in continuing, the government will take into account in case by case in accordance to the Investment Promotion Law and Mineral Law.
- Beside the minerals has above mentioned in 1.1, the government will take into account in
case by case. For the well-known investors who has well capitals, experiences as well as has the processing plants for mineral products for export, good on reputations and good track record and is well-known in the international of mining industry.
- Mineral types prohibited for exporting as coal, phosphorus except for projects with Concessions Agreement before this Order and minimize unprocessed mineral exports (raw minerals) especially Barite and Gypsum.
- For the projects that has Concessions Agreement with the Government as a result of inspection previous Order No 13/PM, assign the operate committee Order No 13/PM at central level conduct study in order to propose the strictly measures accordance to the laws, regulations and concessions agreement. Selected the good projects once and create the benefit to nation and for the projects are not self-improvement and continue violation on the laws, regulations and concessions agreement such as not fulfilling obligations, failure performing tasks, over times, and undertake cross-cutting work to the detriment of the nation, it’s to propose to the government regard to terminated on concessions agreement and does not the projects has been terminated, introducing other parties to bring back the project, which creates confusion for the government. It is not approved to extend the contract beyond the timeframe as specified in the law
- Assign the special committee based on the order No 13/PM, dated 11 June 2012, collaborate with local authorities to inspect, evaluate the projects that allowed by themselves in terms of reporting to the government and seeking for advise periodically in order to ensure those projects are follow in compliance to the laws as well as strictly taking measures against violators.
- To allow invest on minerals projects any levels should have comment from the technical officers from central level and only follow the basic principle of single stop services.
- The budget for the implementations of the task force on this Order shall be used the state budget of each sector and related local administration and control project budget.
- Assigned to the designated Task Force based on the Order No 13/PM, dated 11 June 2012, continuing implements this Order by continuing previous of the form and mechanism. In case of necessity, such committee may propose to set up additional committee and instruction in according to this Order.
- Ministries, equivalents Ministries, Vientiane Capital and provinces across the country to acknowledges, collaborates strictly and effectively to implementation this Order.
- This Order replaced Order No 13/PM, dated 11 June 2012 and it is entering into force from the date of signature.
Prime Minister
(seal and signature)
Thongloun SISOULITH
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