Unofficial translation

 

LAO PEOPLE’S DEMOCRATIC REPUBLIC

PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY

 

Prime Minister

No. 145/PM

Vientiane Capital, date 14 March 2023

 

Decree

On Organization and Operation of

National Trade and Transport Facilitation Committee

 

• Pursuant to Law on Government no. 03/NA, dated 16 November 2021;
• Pursuant to Letter of Request of Ministry of Public Work and Transport no. 182/MPWT, dated 31 March 2022;
• Pursuant to Letter of Request of Ministry of Industry and Commerce no. 1880/MOIC, dated 21 December 2022;
• Pursuant to Letter of Request of Ministry of Home Affaires no. 21/MOHA, dated 23 February 2023.

 

Prime Minister issues the Decree:
 

Chapter I

General Provisions

 

Article 1    Objective

This Decree defines a location, role, duty, right, organizational structure, principle and working method of the National Trade and Transport Facilitation Committee as a basis for the organization and operation of the committee, aims to implement policy guidelines of the party and government in coordinating, monitoring, supporting and promoting the trade and transport facilitation activities.

Article 2    Location and Role

The National Trade and Transport Facilitation Committee consists of two levels, namely the National Committee and Provincial Committee. The National Trade and Transport Facilitation Committee, in abbreviation of “NTTFC” is a non-standing body which a focal point is based in the Ministry of Industry and Commerce, acts as a secretariat for the government in guiding the study, resolving issue, monitoring, supporting, evaluation, reporting and collaboration with ministries, organizations and local authorities on the trade and transport facilitation activities in Lao PDR in facilitating, speedy, modernized, transparent and safe manner, and integration with regional and international, aims to contribute the national economic and social development.

The Provincial Trade and Transport Facilitation Committee, in abbreviation of “PTTFC” is a non-standing body which a focal point is based in the Department of Industry and Commerce in Province, act as a secretariat for the governor of province and Vientiane Capital in guiding the study, resolving issue, monitoring, supporting, evaluation, reporting and collaboration with departments, provincial organizations and district authorities on the trade and transport facilitation activities in Lao PDR in facilitating, speedy, modernized, transparent and safe manner.

 

Chapter II

Duties and Rights

 

Article 3    Duties

3.1 The National Trade and Transport Facilitation Committee has the following duties:

1. Implement and perform the legislations of the Party, National Assembly, Standing Committee of National Assembly, President, Government and Prime Minister, Ministers regarding the trade and transport facilitation activities;
2. Study, monitor, support and evaluate the implementation of policies, strategic plans, road maps, laws, regulations, action plans, the treaties and international agreements which Lao PDR is a party regarding the trade and transport facilitation activities;
3. Study, comment, consolidate and improve the regulations, non-tariff measures (NTMs) and procedures including the transport network, all modes of transport price structure and technical standard of all types of transport vehicle concerning to trade and transport facilitation activities according to the proposal of the relevant sectors in facilitating, speedy, modernized, transparent and safe manner;
4. Collaborate with ministries, organizations, public sectors, Lao National Chamber of Commerce and Industry and business sectors at central and provincial level to study the method and measure for resolving issues and obstacles related to trade and transport facilitation activities in consistent with relevant laws and regulations of Lao PDR, the treaties and international agreements which Lao PDR is a party;
5. Associate, cooperate and collaborate with the relevant sectors in domestic, regional and international in exchanging lesson, seeking funding resource and technical assistance to develop the trade and transport activities;
6. Support and promote the use of technology and digitalization into the trade and transport activities including the payment to be able to integrate with domestic and international;
7. Collaborate with the relevant sectors both public and business sectors at central and provincial level to enhance the cooperation in implementing the trade and transport activities in good manner gradually;
8. Create the action plan of the trade and transport activities for its committee periodically;
9. Conduct the advertisement, dissemination and training on the strategic plans, road maps, laws, regulations, treaties and international agreements and results of issue resolution related to the trade and transport activities for the relevant public and business sectors at central and provincial level;
10. Conclude and report the implementation of its committee to the government on quarterly and yearly basis;
11. Perform other tasks as assigned by the government.

 

3.2 The Provincial Trade and Transport Facilitation Committee has the following duties:

1. Perform the legislations of the Government, Assembly of Province and Vientiane Capital and Governor of Province and Vientiane Capital regarding the trade and transport facilitation activities;
2. Implement, monitor, support and evaluate the implementation of policies, strategic plans, road maps, laws, regulations, action plans, the treaties and international agreements as stipulated regarding the trade and transport facilitation activities;
3. Study, comment, consolidate and improve the regulations, non-tariff measures (NTMs) and procedures including the transport network, all modes of transport price structure and technical standard of all types of transport vehicle concerning to trade and transport facilitation activities according to the proposal of the relevant sectors in facilitating, speedy, modernized, transparent and safe manner;
4. Collaborate with departments, provincial organizations, district authorities, public sectors, Provincial Chamber of Commerce and Industry and business sectors at central and provincial level to study the method and measure for resolving issues and obstacles related to trade and transport facilitation activities in consistent with relevant laws and regulations;
5. Support and promote the use of technology and digitalization into the trade and transport activities including the payment to be able to integrate with domestic and international;
6. Collaborate with the relevant sectors both public and business sectors at provincial level to enhance the cooperation in implementing the trade and transport activities in good manner gradually;
7. Create the action plan of the trade and transport activities for its committee periodically;
8. Conduct the advertisement, dissemination and training on the strategic plans, road maps, laws, regulations, treaties and international agreements and results of issue resolution related to the trade and transport activities for the relevant public and business sectors at provincial level;
9. Conclude and report the implementation of its committee to the Governor of Province and Vientiane Capital and the National Trade and Transport Facilitation Committee on quarterly and yearly basis;
10. Perform other tasks as assigned by the Governor of Province and Vientiane Capital and the National Trade and Transport Facilitation Committee.

Article 4    Rights

4.1 The National Trade and Transport Facilitation Committee has the following rights:

1. Supervise the ministries, organizations, public and business sectors at central and provincial level to study and resolve issues and obstacles related to trade and transport facilitation in consistent with relevant laws and regulations;
2. Organize the meeting of the National Trade and Transport Facilitation Committee, between national and provincial level to consult with relevant public and business sector at central and provincial level related to issues, challenges and method for resolving the issue on the implementation of trade and transport facilitation activities;
3. Propose the high management to issue the decision, order, notification and instruction to relevant sector on the implementation of trade and transport facilitation activities, as well as to agree, or sign and stamp;
4. Associate, cooperate and collaborate with relevant sectors in domestic, regional and international in exchanging lesson, seeking funding resource and technical assistance to develop the trade and transport activities;
5. Study and approve its action plan of the trade and transport activities;
6. Use the personnel, budget, vehicle and supporting equipment given by the government, domestic and international organizations for the trade and transport activities in accordance with laws and regulations;
7. Perform other rights as assigned by the government.

4.2 The Provincial Trade and Transport Facilitation Committee has the following rights:

1. Supervise departments, provincial organizations, district authorities, relevant public and business sectors to resolve issues and obstacles related to the trade and transport activities in consistent with relevant laws and regulations;
2. Organize the meeting of the Provincial Trade and Transport Facilitation Committee to  consult with relevant public and business sectors at provincial level related to issues, challenges and method for resolving the issue on the implementation of trade and transport facilitation activities;
3. Propose the high management to issue the decision, order, notification and instruction to relevant sector on the implementation of trade and transport facilitation activities, as well as to agree, or sign and stamp in consistent with the supervision of National Trade and Transport Facilitation Committee;
4. Study and approve its action plan of the trade and transport activities;
5. Use the personnel, budget, vehicle and supporting equipment given by the government, central level, domestic and international organizations for the trade and transport activities in accordance with laws and regulations;
6. Perform other rights as assigned by the Governor of Province and Vientiane Capital and the National Trade and Transport Facilitation Committee.

 

Chapter III

Organization Structure

 

Article 5    Organization Structure

The National Trade and Transport Facilitation Committee has the supporting body which the Department of Import and Export, Ministry of Industry and Commerce is assigned as the National Trade and Transport Facilitation Committee Secretariat, in abbreviation of “NTTFCS”. The committee consists of two working groups, namely 1) National Trade Facilitation Working Group: NTFWG.1, the Director General of the Department of Import and Export, Ministry of Industry and Commerce is assigned as a head of the working group, and 2) National Transport Facilitation Working Group: NTFWG.2, the Director General of the Department of Transport, Ministry of Public Work and Transport is assigned as a head of working group.

The Provincial Trade and Transport Facilitation Committee has the supporting body which the Provincial Department of Industry and Commerce is assigned as the Provincial Trade and Transport Facilitation Committee Secretariat, in abbreviation of “PTTFCS”. The committee consists of two working groups, namely 1) Provincial Trade Facilitation Working Group: PTFWG.1, the Director General of the Department of Industry and Commerce is assigned as a head of the working group, and 2) Provincial Transport Facilitation Working Group: PTFWG.2, the Director General of the Department of Public Work and Transport is assigned as a head of working group.

 

Article 6    Personnel

6.1 The National Trade and Transport Facilitation Committee has the following personnel:

1. Deputy Prime Minister                                                                                             Chair;
2. Minister of Industry and Commerce                                                                         Vice Chair and Standing Committee;
3. Deputy Minister of Public Work and Transport                                                        Vice Chair and Supervisor of   NTFWG.2;
4. Deputy Minister of Industry and Commerce                                                            Vice Chair, Head of NTTFCS and Supervisor of NTFWG.1;
5. Deputy Minister of Finance                                                                                      Vice Chair;
6. Deputy Minister of Agriculture and Forestry                                                           Vice Chair;
7. Deputy Minister of Health                                                                                       Vice Chair;
8. Deputy Minister of Planning and Investment                                                          Member;
9. Deputy Minister of Foreign Affairs                                                                          Member;
10. Deputy Minister of Public Security                                                                          Member;
11. Deputy Minister of Technology and Communication                                             Member;
12. Deputy Minister of Home Affairs                                                                            Member;
13. Deputy Governor of Bank of Lao PDR                                                                    Member;
14. President of Lao National Chamber of Commerce and Industry                           Member;
15. Director General of Department of Import and Export                                          Member and Vice Head of NTTFCS, Head of NTFWG.1;
16. Director General of Department of Transport                                                        Member and Vice Head of NTTFCS, Head of NTFWG.2.

 

6.2  The Provincial Trade and Transport Facilitation Committee has the following personnel:

 

1. Deputy Governor of Province and Vientiane Capital, Supervisor of Economic Activities                                    Chair;
2. Director General of Department of Industry and Commerce                                                                              Vice Chair and Standing, Committee, Head of PTTFCS and PTFWG.1;
3. Director General of Department of Public Work and Transport                                                                          Vice Chair and Head of PTFWG.2;
4. Director General of Department of Agriculture and Forestry                                                                              Vice Chair;
5. Director General of Department of Health                                                                                                          Vice Chair;
6. Director of Provincial Custom Office                                                                                                                   Vice Chair;
7. Deputy Director General of Finance                                                                                                                    Member;
8. Deputy Director General of Department of Planning and Investment                                                                Member;
9. Deputy Director General of Department of Foreign Affairs                                                                                 Member;
10. Deputy Director Commander of Headquarter of Public Security                                                                         Member;
11. Deputy Director General of Department of Technology and Communication                                                     Member;
12. Deputy Director General of Department of Home Affairs                                                                                    Member;
13. Deputy Head of Provincial Government Office                                                                                                    Member;
14. Director of Provincial Tax Office                                                                                                                           Member;
15. President of Provincial Chamber of Commerce and Industry                                                                              Member;
16. Head of relevant divisions, Department of Industry and Commerce                                                                   Member;
17. Head of relevant divisions, Department of Public Work and Transport                                                               Member.

 

Chapter IV

Working Principle and Method

 

Article 7    Principle

The national and provincial trade and transport facilitation committee perform the following principles:

1. All activities of the national and provincial trade and transport facilitation committee and supporting personnel of the committee are based on the policy guidelines of the party, laws, regulations and general principles of the government to implement in good outcome;
2. Perform a principle of centralized democracy and agree within the group on the overall activities of the national and provincial trade and transport facilitation committee;
3. Perform a single leader regime, assign the task for a person clearly on the basis of the uniformity as well as to enhance the creative thinking for resolving the issue of the national and provincial trade and transport facilitation committee;
4. Protect rights and legitimate interests of the state, group, people and business sectors.

Article 8    Method

The national and provincial trade and transport facilitation committee perform the following working methods:

1. Perform task with the detailed plan, action plan, project, timeframe and continuity, resolve the task with the focus and target, and monitor, audit and report the implementation in periodic manner;
2. The national and provincial trade and transport facilitation committee is the non-standing performance which has the ordinary meeting at least once a year, and co-ordinary meeting between national and provincial level at least once a year to support, monitor, audit, conclude the lesson, evaluate the pros and cons, determine the action plan for the implementation of trade and transport facilitation activities. If any necessary, it could organize the extra-ordinary meeting to resolve the outstanding and urgent issues related to the trade and transport facilitation activities;
3. Collaborate with the relevant ministries, central and provincial authorities, aim to use the manpower of all sectors to develop the trade and transport facilitation activities;
4. Associate and collaborate with internal and external closely, aim to improve the environment to facilitate trade and transport in consistent with laws and regulations, treaties and international agreements which Lao PDR is a party.

 

Article 9    Reporting and Issue Resolution Procedure

The national and provincial trade and transport facilitation committee have the following reporting and issue resolution procedures:

1. In case any issue related to the trade and transport facilitation activities, the head of the NTFWG.1/PTFWG.1 or NTFWG.2/PTFWG.2 shall take initiative to collaborate with relevant sectors to consult and study the method for issue resolution under their roles and responsibilities.
2. If the agreement could not be made at the working group level, the head of working group shall report to the head of NTTFCS or PTTFCS to consult and resolve the issue.
3. If the agreement could not be made at the secretariat level, the head of NTTFCS/PTTFCS shall propose the chair of NTTFC or PTTFC to consult and make decision.
4. If NTTFC or PTTFC could not make decision, shall perform as follows:

1. The PTTFC to consolidate the issue and report to the NTTFC for consideration;
2. The NTTFC to study and consider. If the issue could not be resolved, the NTTFC shall consolidate the issue and report to the government for guidance.

 

Chapter V

Final Provisions

 

Article 10  Budget and Stamp

The national and provincial trade and transport facilitation committee have the specific budget to support the implementation of the trade and transport facilitation activities based on the periodic roadmap which consist of budget source of government and other sectors.

The national and provincial trade and transport facilitation committee have the specific stamp to support the official activities. The NTTFCS has the specific stamp, while the PTTFCS shall use the stamp of the Department of Industry and Commerce in Province and Vientiane Capital.

Article 11  Extension

1. The Chair of the National Trade and Transport Facilitation Committee is assigned to issue the Decision on Organization and Operation of the National and Provincial Trade and Transport Facilitation Secretariat Committee in detailed, clearly, tightly and appropriated manner to support the implementation in good outcome;
2. The Chair of the National Trade and Transport Facilitation Committee is assigned to supervise the assignment of tasks and responsibilities within the committee in detailed manner as well as to supervise the implementation of duties and rights as stipulated in article 3 of this Decree for high efficiency and effectiveness;
3. The relevant ministries, organizations and local authorities to assign their personnel to be in the committee as stipulated in article 6 of this Decree, and then notify the Ministry and Industry and Commerce for acknowledgement.

Article 12  Implementation

The National and Provincial Trade and Transport Facilitation Committee, ministries, organizations, local organizations and relevant sectors shall acknowledge and implement this Decree strictly.

Article 13  Effectiveness

This Decree shall become effective from the date of signature and replace the Decree on Organization and Operation of the National Transport Committee no 186/PM, dated 28 May 2018, and the Decision on the Trade Facilitation Steering Committee no. 48/PM, dated 26 July 2018.

 

Prime Minister

Sonexay SIPHANDONE