Unofficial translation

Lao People’s Democratic Republic
Peace Independence Democracy Unity Prosperity

Ministry of Science and Technology   No. 1572/MOST

Vientiane Capital, Dated 27 November 2020

Decision

On the Management of Packaged Products

 

• Pursuant to the Law on Metrology (amended version) No. 36/NA, dated 13 December 2013;
• Pursuant to the Prime Ministerial Decree on the Organization and Roles of the Ministry of Science and Technology No. 314/PM, dated 29 September 2017;
• Pursuant to the Proposal letter of the Department of Standard and Metrology No. 2063/MOST.DOSM, dated 24 September 2020.

Minister of Science and Technology Issues:

Chapter 1

General Provision

Article 1 Objectives

This decision determines principles and measures on the management, inspection, and testing of packaged products and packaged products produced, imported, exported and sold in Lao PDR in accordance with specified regulations of Laos and international to create conditions that facilitate purchase and sales with the aim to create just, safe, unity society in implementing nationwide and be connected with ASEAN and international inspection work on packaged products for their characteristics, size, weight, content and volume as specified in labels o packaged products.

Article 2 Management of Packaged Products

Management of packaged products is the monitoring, inspecting, testing and certifying packaged products in containers or a package with characteristics and volume of the products are specified in labels that are certified before sales or not. Volume of the packaged products can be opened and changed when closed.

Article 3 Terminology

Terms in this decision have the following meanings:

< >Packaged products are products wrapped in packages;Symbol L is the symbol of packaged products of Lao PDR;Determined quantity (Qnom) is the quantity that shows on the label of packaged products in measurement unit such as size, volume, weight, quantity, mass;Actual quantity (Qi) is the quantity derived from actual inspection;Lot of packaged products (Lot) is the packaged products in containers with the size, name or commercial trademark produced in the same period;Number of set produced (N) is the packaged products in the set the will be used to provide basic information for testing;Number of testing samples is the packaged products from the random inspection of the number of set produced;Sampling is the collecting of samples of packaged products according to the methodology determined in table no. 5 of annex II of this decision;Permitted error (T) is the packaged products that can be excepted its permitted errors between determined quantity and actual quantityIncoherent packing is the packaging that is not conform to specified regulation such as having many error value than permitted (T) as specified in table no. 01 of the article 6 of this decision;Label is the written, typed or shown by images attached, affixed, coned, stamped that come with a packaged product to advertise brand, determination or provision of information on the packaged product or things contained in the packaged product;Packaged material is packages or containers of packages;Incoherent number of accepted samples is the sample number of packaged products with the test result below or over the permitted scope, but not exceed minimum permitted scope;Total average value is the actual average quantity of the number of packaged products derived from tested products;Authority is the officers responsible for the management of packaged products;Business operators are manufacturers, importers, exporters, sellers and service providers of the packaged products;

Chapter 2

Quantity Determination of Packaged Products           

Article 5 Quantity Determination of Packaged Products

The determination of quantity of packaged products must follow the followings:

< >Packaged products in sized must be length specified;Solid, semi-solid, gas including the mixed solid and liquid packaged products must specify weight;Quantity of spray products must specify weight or net content;Liquid packaged products must specify volume;Determined quantity of packaged products with actual quantity below 05 grams (5g) or 05 milliliter (05ml) or 05 milligrams (05 mm) are not necessary to specify determined quantity value in packaging laels, but must include total average value of the packaged products more or equal to the determined quantity;Quantity of a packaged product must include many units and be shown in round number which specifies in quantity or weight units;In the event of large packaged products that include smaller packaged products must specify details in the packaging labels;The determination of quantity unit used depends on the types and size volume determined in detail in table no. 01 as:

Notes: when this table is used, error values that show the ration percentage, weight or volume will be adjusted to decimal number 0.1 gram or milligram (ml). Every operation of quantity testing of packaged products calculated in volume, the calculation result derived from such test (under laboratory room temperature while testing) will be changed to the calculation result at 20 Celsius (20 C ± 1C) (as set by the equation) such as fuel, air conditioners and other freezing machines.

Chapter 3

Management, Testing, Fees and Service Fees

Article 7 Fundamental Principles of the Management and Testing of Packaged Products

Fundamental Principles of the Management and Testing of Packaged Products aims at increasing quality and socio-economic productivity on the management, service and protect consumers based on the following principles:

< >Assure the safety of lives, assets, environment and social response;Assure the openness, justice, unity and transparency, can be inspected, avoid discrimination, obstacles to business of packaged products;Assure coherence with principles, national, regional and international regulations; Coherent with current circumstance and the ability to perform task of the management and testing of packaged products;Assure that manufacturers, processors, importers, exporters and sellers conform to principles and management procedures, testing of the packaged products;The performance on the inspection, every time committee inspects must be presented with a notification or a decision issued by the Department of Standard and Metrology, Provincial and Capital Department of Sciences and Technology as designated. 

Article 8 Sampling Principles

Collection of samples must be performed following these principles:

< >The random sampling as representatives of the whole products with similar possibility which will be included in the samples;The sample quantity of packaged products derived from sets of testing and be used to provide basic information for making decision on the coherence of the sets of testing;Packaged products that are produced domestically will be sample collected at the place operating the packaging;Packaged products that are imported will be sample collected for testing at the warehouse of the import.Samples of packaged products will be randomly collected by following sampling methodology as principles specify;Some types of testing can be tested right at its place, but come products that can be tested right at its place will be sample collected and brought to laboratory room of organization managing the metrology or experimenting permitted by metrology organization. 

Article 10 Testing Modes of Packaged Products

Testing has 03 modes as following:

< >Testing prior to the import, export, produce and sales of packaged products;Testing with regular plan 01 time/year is the testing that takes place according to plan regularly and with certain time (for products without registration of packaged products);Immediate testing and as requested without advance notification. A request letter to register for packaging;Details of packaged products request for registrations;Copy of document related to business;Samples of packaged products.Application form to request for mark certificate in packaged products;Test result on he quantity of packaged products not exceed than three months;Name lists of people responsible for quantity test and testing equipment;Internal testing guidance of organization;Report result on the quantity test of the Department of Standard and Metrology;Supply three samples of each packaged product to be tested and certified; 

In the event of having trade certificate on packaged products from originating country with mutual recognized agreement already, packaged products will be granted with endorsement letter and certified without issuing a repetitive mark.

Article 13 Labels and Mark

All types of packaged products produced, imported and sold in Lao PDR must be labeled with Lao language to notify information of the products. The specification of information on labels must be clear, easy to read, clearly understandable and cannot be erased, number size and fonts used to specify quantity must be at least 2 mm height, the quantity unit must be center, numbers are spaced and measurement units can be discriminated. For content in foreign language attached in the labels must be coherent with Lao language specified in the labels as followings:

< >Names of packaged products;Names and address of production plant or company, manufacturers, packagers, importers or sellers;Determined quantity (the determination of quantity must be coherent with measurement units of Lao PDR or International Standard as specified;Date of manufacturing;Expired date;Use instruction and storage;Quantity, net content, volume;Ingredients specifying ration;Warning;Packaged products with certification will show the L symbol (front or back of the determined quantity);In the vent of packaged products are mixed substance, solid and mixed with liquid (include solid and liquid), the determination of specified value and weight of such mixed substances in the labels must be in the same scope of message determining specified value. 

Article 14 Documentary Approvals

< >After receiving accurate and complete document as specified in article 11 and12 of this decision, organization managing packaged products will collaborate with relevant committee to inspect within given time of ten official working days;After the checking of accurate and complete documents is passed and coherent with relevant regulations as specified, management organization must issue a certificate on the accuracy of such packaged products within given time of ten official working days.A registration certificate of packaged products is issued once with unlimited period;Test certificate of packaged products is valid for one year;Mark certificate of packaged products is valid for three years;In the event of changes of information in quantity certificate, business operators must request for amendment, adjust information in such certificate and permit from the department of standard and metrology, ministry of sciences and technology.

Chapter 4

Rights and Duties of Business Operators and Users

Article 17 Rights of Business Operators

Business operators have the following rights:

< >Advertise and disseminate packaged products after receiving certificate from relevant agencies;Request for justice from relevant sectors if the testing of packaged products is found unjust;Perform other rights as specified in laws.Select packaged products as preferred;Request to relevant sector if the packaged products received are unjust and incoherent with regulations;Perform other rights as specified in laws.Prior to import, export and sales of packaged products must be tested and certified for accuracy from organization managing and testing such products;Responsible for expenses occurred at each time of testing;Responsible for all damages caused by packaged products under their business operation;Provide cooperation and facilitate organization in managing and testing packaged products each time;Perform other duties as specified in laws.

Chapter 5

Organization Managing and Testing of Packaged Products

Article 20 Organization Managing and Testing of Packaged Products

Organization Managing and Testing of Packaged Products is the Ministry of Science and Technology with the Department of Standard and Metrology, Provincial and Capital Department of Science and Technology are designated in accordance with the management levels.

Article 21 Rights of Organization Managing and Testing Packaged Products

Organization Managing and Testing Packaged Products have the following rights:

< >Manage the testing system of packaged products in accordance with techniques as specified regionally and internationally;Collect the samples of packaged products to be tested in accordance with techniques as required regionally and internationally;After accurately tested by regulations, organization will issue a test certificate;In the event of incoherence of the test result as specified, testing authorities must create a record note and order the temporary stop of production, import, export and transit of packaged products and report to high level management and other relevant sector to solve;Advertise, disseminate the testing and registration work of packaged products for public awareness;Perform other duties as specified in laws.Collaborate with relevant sector in testing package products and make them coherent with technical regulations, region and international;Have unity, justice and transparency as responsibility;Clearly determine precise time in implementing the test of packaged products for manufacturers, importers, exporters and sellers (except in case of urgent test);Instruct manufacturers, importers, exporters and sellers of packaged products on the procedures of documents compliance seeking for a permit to be tested;Store and supply information to relevant sector on the testing work of packaged products;Report on the testing situation of packaged products to relevant sector and high level management;Issue a test certificate that is accurately inspected;Perform other duties as specified in laws.

Chapter 6

Prohibitions

Article 23 Prohibitions for Business Operators

Business operators are prohibited from the following behaviors:

< >Import, export and sales of packaged products that do not pass the test and certification for accuracy from organization managing and testing such products;Interrupt the conduction of authorities assigned by organization managing and testing packaged products in testing and inspecting;Bribe and join any professional misconduct with testing authorities;Imitate documents to certify on packaged products;Have other behaviors that violate laws.Irresponsible and ignore the testing work of packaged products;Perform tasks with injustice, bias with individuals and an organization;Receive bribery, exploit the duties for personal benefits;Imitate, prolong and hold certification documents.Exploit the testing work to create obstacles and intervene the testing work of package products of authorities;Advertise and promote packaged products that do not pass the accurate test;Produce air pollution and society;Help and protect violators of this decision;Cover and side behaviors that violate laws;Other behaviors that are against laws. 

Chapter 7

Incentives for Contributors and Measures for Violators

Article 26 Incentives for Contributors

Individuals, Legal Entity and Other Organizations that have outstanding contribution in cooperating, actively contributing in the implementation of relevant regulations and laws on the management of metrology or this decision will be praised or provided with other incentives as specified in laws.

Article 27 Measures for the Governmental Officials Who Violate their Responsibilities

Governmental officials who oppress or violate this decision will receive professional punishment such as educating, rotating, withdrawing from position or firing from being officials as well as receiving other measures as laws specify.

Article 28 Measures for Other Violators

Business operators who do not perform according to the decision will be punished as followings:

• First time, warn, record and determine time for improvement within thirty days;
• Second time, with no improvement made will be recorded, temporarily terminated the certificate and mark with time for improvement within fifteen days;
• Third time, with no improvement, a certificate and mark will be withdrawn and fined as regulations specify.

Article 29 Measures for Other Violators

Individuals, Legal Entity and Other Organizations who violate this decision will be warned, educated, fined, conducted with professional punishment, paid for civic fees or criminal punished according to the degree of cases as laws specify.

Chapter 8

Final Provision

Article 30 Implementation

Ministry of Science and Technology designates the Department of Standard and Metrology, Provincial and Capital Department of Science and Technology and other relevant organizations as leads in implementing this decision in accordance with their responsibilities.

Article 31 Effectiveness

This decision is effective after the day of signing and publicized in Laos Official Gazette for fifteen days. This decision is to replace the decision on the management of packaged products in Lao PDR no. 0542, dated 16 May 2017.

Regulations and decisions against this decision will be terminated.

Minister

Ministry of Science and Technology

Boviengkham VONGDARA