Unofficial translation

 

LAO PEOPLE’S DEMOCRATIC REPUBLIC

PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY

 

Ministry of Post and Telecommunications

Ref.no: 1831/MPT

Vientiane Capital, dated 21 September 2020

 

 Decision

on Frequency Wave Certification for Unmanned Aerial Vehicle(UAV) or Drone

 

• Pursuant to the frequency wave Law No. 17 / NA, dated May 5, 2017.
• Pursuant to the Decree of the Prime Minister of Lao PDR on Posts and Telecommunications on the Organization and Implementation, No.22/MPT, dated 16 January 2017;
• Pursuant to the Decree of the Prime Minister of Lao PDR on the Acceptance and National Announcement Plan of Frequency Wave utilization, No 226/MPT, dated 11 April 2020;

 

Minister has issued the Decision:

 

Sector I

General provisions

 

Article 1 Objectives

 

This decision determines the basic principles, regulations and measures for the frequency wave certification of Unmanned Aerial Vehicle-UAV or (drone) to be uniform across the country in order to ensure the peace, national security and well-mannered in society and, also contribute to national protection  and development.

 

Article 2  Unmanned aircraft (drone)

 

Drone is a frequency device that flies over the air and is unmanned, with controllers operating outside the aircraft, which the International Telecommunications Union (lTU) called Unmanned Aircraft System (UAS) or commonly known as Drone.

 

     Article 3 Interpretation of the terms

Terms used in this Decision shall have the following meaning:

1. The officerInternational Telecommunication Union means the organizational body responsible for international agreements managing and setting ITC standards.
2. A frequency wave equipment means equipment used to receive, transmit or receive-transmit signal, information, text, voice and images by using frequency wave.

 

Article 4 Scope of Uses

 

This Decision applies to individuals and legal entities or organization both domestic and foreign which carry out drone in the Lao PDR.

 

Sector 2

Type of drone, frequency wave certification, import permit and uses of drone

 

Article 5 Type of drone

 

There are two types of drone as following:

1. Drone weight lower than 200 grams which are commonly used as toy.
2. Drone weight over 200 grams which are used for taking photo, video, entertainment, sport and others.

 

Article 6 Frequency wave certification

 

Drone weight over 200 grams must be certifying of radio frequency wave from post telecommunications sector and transmitter frequencies as follows:

 

No	Radio frequency wave (MHz)	Maximum transmission force mW (E.I.R.P)
1	2400-2500	100
2	5725-5875	100

 

Article 7 certification of radio frequency wave for specific work

 

Individuals, legal entities, or organizations, both domestic and international those who intend to used radio frequency wave excluded as specified in Article 6 of this decision for drone for specific work purpose that there require to apply for use permit license of radio frequency wave from the Ministry of Post and Telecommunications.

 

 

Article 8 The radio frequency wave certification procedure for drones

 

            The require documents are as following:

Individuals, legal entities local and international organizations that wish to obtain certificate of use of radio frequency wave for drone there must be submit the application to the Department of Frequency wave or Provincial/Capital Department of Posts and Communications.

            The document including as follows:

1. Request letter;
2. Application form (attached as Annex 1)
3. Copied ID or passport (For foreigner)
4. Decision or certification from relevant organizations (For organization)
5. Copied enterprise certificate, business license (for company/state enterprises)
6. Technical specification of drone.

                       

    Article 9 Requirements for radio frequency wave certification for drones

 

Individuals, legal entities, or organizations, both domestic and international wish to obtain certificate of use of radio frequency wave for drone that there require to apply as following:

1. Using a radio frequency wave as specified in article 6 and 7 of this decision;
2. Ensure a radio frequency wave transmission does not interfere, damaging the benefits of the individuals, legal entities and organizations.
3. Be cooperative, facilitate for officials relevant authorities to find out source of a radio frequency wave interfere and solve the problem on time;
4. Pay the obligations, charge and service fees in accordance to the law and regulations;
5. Implement other obligations based on specified on the radio frequency wave law and other relevant laws;

 

Article 10 Application for Import permit and use of drones

Individuals, legal entities local and international organizations that wish to import drone which weight over 200 grams that must be apply for permit license from the Ministry of Public Work and Transport and others relevant agencies.

 

Sector 3

Prohibitions and measures against violators

Article 11 Prohibitions   

 

Prohibited individuals, legal entities, and local and international organizations are behaving as the following:

 

1. Using a radio frequency wave for drone with weigh over 200 grams without permission;
2. Using drone with weigh over 200 grams with miss the requirements as determined on the Certificate of a Radio Frequency Wave and Certificate of Use of a Radio Frequency Wave for other purpose which is not compliance with the permission;
3. Any other conduct that is in violation of the laws and regulations.

 

Article 12 Educational Measures

 

The individuals, legal entities, and local and international organizations have violate to this decision as for the first time it was not dangerous or unintentional and causes low cost damage that will be warned and recoded in his/her resume and ready for education:

 

Article 13 Measures against violators

 

The individuals, legal entities, and local and international organizations have violate to this decision will be educated, disciplined, fined including civil damage or criminal penalties based on light or heavy cases.

 

Article 14 Fined measures

 

The individuals, legal entities, and local and international organizations have violated to this decision will be fined based on a Radio Frequency Wave Law as following cases:

1. Using a radio frequency wave for drone which is weigh over 200 grams without permission shall be fined 50.000 Kip times the width of using a radio frequency wave;
2. Using drone with weigh over 200 grams with miss the requirements as determined on the Certificate of a Radio Frequency Wave and Certificate of Use of a Radio Frequency Wave for other purpose which is not compliance with the permission will be fined 25.000 kip times the width of using a radio frequency wave;

 

Article 15 Civil measures

 

The individuals, legal entities or organizations have violated to this decision causing damage to the state, including the person or others must be compensated as their claim.

 

Article 16 Criminal measures

 

The individuals have violate to this decision which is a criminal offense will be punished by law according to the minor or heavy cases.

 

Sector 4

Final Provisions

Article 17 Implementation

 

            The Department of Frequency Wave to coordinate with the concerned agencies to implement this decision strictly.

 

Article 18 Effectiveness

 

            This decision shall enter into force from the date of signature and published in official gazette fifteen days.

 

            This decision is to replace the decision on using drone No 3374/DFW, dated 14 November 2017.

 

Minister

(Sealed and signature)

Dr. Thansamai KOMMASITH