LAO PEOPLE’S DEMOCRATIC REPUBLIC

PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY

 

Prime Minister

No. 001/NTTFC

Vientiane Capital, date 19 May 2023

 

Decision

On Organization and Operation of

National Trade and Transport Facilitation Committee Secretariat

 

• Pursuant to Decree on Organization and Operation of National Trade and Transport Facilitation Committee no 145/PM, dated 14 March 2023;
• Pursuant to Letter of Request of Ministry of Industry and Commerce no. 0587/MOIC, dated 26 April 2023.

 

Deputy Prime Minister, Chair of the National Trade and Transport

 Facilitation Committee decides:
 

Chapter I

General Provisions

 

Article 1    Objective

 

This Decision defines a location, role, duty, right, organizational structure, principle and working method of the National Trade and Transport Facilitation Committee Secretariat to assist the National Trade and Transport Facilitation Committee in coordinating, monitoring, supporting and promoting the trade and transport facilitation activities.

 

Article 2    Location and Role

 

The National Trade and Transport Facilitation Committee Secretariat consists of two levels, namely the National Committee Secretariat and Provincial Committee Secretariat. The National Trade and Transport Facilitation Committee Secretariat, in abbreviation of “NTTFCS” is a non-standing body which a focal point is based in the Department of Import and Export, Ministry of Industry and Commerce, acts as a secretariat for the National Trade and Transport Facilitation Committee in guiding the study, resolving issue, monitoring, supporting, evaluation, reporting and collaboration with departments, central organizations and provincial authorities on the trade and transport facilitation activities.

The Provincial Trade and Transport Facilitation Committee Secretariat, in abbreviation of “PTTFCS” 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 Provincial Trade and Transport Facilitation Committee 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.

 

 

 

 

 

 

Chapter II

Duties and Rights

 

Article 3    Duties

3.1 The National Trade and Transport Facilitation Committee Secretariat 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, departments, 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. Consolidate the budget plan of the National Trade Facilitation Working Group and National Transport Facilitation Working Group as well as create and prepare the budget plan for its secretariat and the National Trade and Transport Facilitation Committee to propose the Minister of Finance or other sectors for consideration and approval;
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 national and provincial trade and transport facilitation committee to the National Trade and Transport Facilitation Committee on quarterly and yearly basis;
11. Perform other tasks as assigned by the National Trade and Transport Facilitation Committee.

 

3.2 The Provincial Trade and Transport Facilitation Committee Secretariat 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 of Lao PDR, the treaties and international agreements which Lao PDR is a party;
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. Consolidate the budget plan of the Provincial Trade Facilitation Working Group and Provincial Transport Facilitation Working Group as well as create and prepare the budget plan for its secretariat and the Provincial Trade and Transport Facilitation Committee to propose the Department of Finance or the National Trade and Transport Facilitation Committee for consideration and approval;
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. Consolidate, conclude and report the implementation of the Provincial Trade and Transport Facilitation Committee to the National Trade and Transport Facilitation Committee Secretariat on quarterly and yearly basis;
10. Perform other tasks as assigned by the Provincial Trade and Transport Facilitation Committee.

 

Article 4    Rights

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

1. Supervise the departments, organizations, public and business sectors at central and provincial level to study and resolve issues and obstacles related to trade and transport facilitation, then propose the relevant domestic and foreign sectors for consideration and resolution in timely manner in consistent with relevant laws and regulations of Lao PDR, the treaties and international agreements which Lao PDR is a party;
2. Organize the meeting of the National Trade and Transport Facilitation Committee Secretariat, between national and provincial level to consult with relevant public and business sectors to resolve the issues and challenges on the implementation of trade and transport facilitation activities;
3. Propose the National Trade and Transport Facilitation Committee to consider and propose the high management to issue the decision, order, notification and instruction to relevant sector on the implementation of trade and transport facilitation activities;
4. Propose the relevant ministries to issue the decision on the establishment of the National Trade Facilitation Working Group and the National Transport Facilitation Working Group under their affiliation.
5. 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;
6. Study and make the action plan of the trade and transport activities;
7. 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;
8. Perform other rights as assigned by the National Trade and Transport Facilitation Committee.

 

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

1. Collaborate with departments, provincial organizations, district authorities, relevant business sectors to resolve issues and obstacles related to the trade and transport facilitation, then propose the relevant domestic and foreign sectors for consideration and resolution in timely manner in consistent with relevant laws and regulations of Lao PDR, the treaties and international agreements which Lao PDR is a party.
2. Organize the meeting of the Provincial Trade and Transport Facilitation Committee Secretariat to consult with relevant public and business sectors to resolve the issues and challenges 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 in consistent with the guideline of the central level;
4. Propose the relevant departments to issue the decision on the establishment of the Provincial Trade Facilitation Working Group and the Provincial Transport Facilitation Working Group under their affiliation.
5. Study and make the action plan of the trade and transport activities;
6. 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;
7. Perform other rights as assigned by the national and provincial trade and transport facilitation committee.

 

Chapter III

Organization Structure

 

Article 5    Organization Structure

The National Trade and Transport Facilitation Committee Secretariat has the supporting body which the Department of Import and Export, Ministry of Industry and Commerce is assigned as the secretariat office of the National Trade and Transport Facilitation Committee. The secretariat 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 Secretariat has the supporting body which the Provincial Department of Industry and Commerce is assigned as the secretariat office. The secretariat 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 Secretariat has the following personnel:

 

1. Deputy Minister of Industry and Commerce                                Head and Supervisor                     of NTFWG.1;
2. Director General of Department of Import and Export,

            Ministry of Industry and Commerce                                             Deputy Head and                                       Standing Office, as well as Head of NTFWG.1;

3. Director General of Department of Transport

Ministry of Public Work and Transport                                       Deputy Head and Head                 of NTFWG.2;

4. Director General of Customs Department,

Ministry of Finance                                                                                     Deputy Head;

5. Director General of Department of Agriculture,

Ministry of Agriculture and Forestry                                                         Deputy Head;

6. Director General of Department of Livestock and Fisheries,

Ministry of Agriculture and Forestry                                                         Deputy Head;

7. Director General of Department of Food and Drug,

Ministry of Health                                                                                      Deputy Head;

8. Deputy Director General of Standard and Metrology,

Ministry of Industry and Commerce                                                                 Member;

9. Deputy Director General of Domestic Trade Department,

Ministry of Industry and Commerce                                                                 Member;

10. Deputy Director General of Foreign Trade Policy Department,

Ministry of Industry and Commerce                                                                 Member;

11. Deputy Director General of Department of Industry and Handicraft,

Ministry of Industry and Commerce                                                                  Member;

12. Deputy Director General of Tax Department,

Ministry of Finance                                                                                            Member;

13. Deputy Director General of Investment Promotion Department,

Ministry of Planning and Investment                                                                Member;

14. Deputy Director General of Department of Mining Management,

Ministry of Energy and Mine                                                                            Member;

15. Deputy Director General of National Border Committee Office,

Ministry of Foreign Affairs                                                                               Member;

16. Deputy Director General of Department of Immigration,

Ministry of Public Security                                                                                Member;

17. Deputy Director General of Traffic Police Department,

Ministry of Public Security                                                                                Member;                                                                                         

18. Deputy Director General of Traffic Police Department,

Ministry of Public Security                                                                                Member;      

19. Deputy Director General of Department of

State Administration Development, Ministry of Home Affairs                        Member;      

20. Deputy Director General of Department of Secretary,

Prime Minister Office                                                                                       Member;      

21. Deputy Director General of Department of Payment System

Bank of Lao PDR                                                                                              Member;    

22. Secretary of Lao National Chamber of Commerce and Industry                      Member.  

 

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

 

1. Director General of Department of Industry and Commerce                      Head and                                                                                                       Head of PTFWG.1;
2. Director General of Department of Public Work and Transport                 Deputy Head                                                                                                          and Head of NTFWG.2;
3. Deputy Director General of Department of Industry and Commerce        Deputy Head;
4. Deputy Director General of Department of Agriculture and Forestry       Deputy Head;
5. Deputy Director General of Department of Health                                    Deputy Head;
6. Deputy Director of Provincial Customs Office                                         Deputy Head;
7. Deputy Director General of Department of Planning and Investment      Deputy Head;
8. Deputy Director General of Department of Energy and Mine                   Deputy Head;
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 of Provincial Tax Office                                                        Member;
13. Deputy Director of Department of Home Affairs                                             Member;
14. Deputy Head of Provincial Government Office                                                Member;
15. President of Provincial Chamber of Commerce and Industry                          Member;
16. Head of Division of Foreign Trade                                                                    Member;
17. Head of Division of Transport                                                                           Member;

 

Chapter IV

Working Principle and Method

 

Article 7    Principle

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

1. All activities of the national and provincial trade and transport facilitation committee secretariat and supporting personnel of the secretariat are based on the supervision of the trade and transport facilitation committee, policy guidelines of the party, laws and 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. Collaborate with the relevant departments, central and provincial authorities, aim to use the manpower of all sectors to develop the trade and transport facilitation activities;
3. 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    Meeting Regime

The national and provincial trade and transport facilitation committee secretariat is the non-standing performance which has the ordinary meeting at least twice a year to support, monitor, audit, conclude the lesson and evaluate the pros and cons as well as report the national trade and transport facilitation committee regularly or if any necessary, it could organize the extra-ordinary meeting.

The member of the national trade and transport facilitation committee secretariat who is assigned and relevant sectors shall participate the meeting as invited to report and provide comment according the agenda and content of the meeting, in particular the tasks under their responsibilities.

 

Article 10  Reporting and Issue Resolution Procedures

The national and provincial trade and transport facilitation committee secretariat 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 NTTFSC or PTTFSC to consult and resolve the issue.
3. If the agreement could not be made at the secretariat level, the head of NTTFSC/PTTFSC 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 11  Budget and Stamp

The national and provincial trade and transport facilitation committee secretariat 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 through the Finance Sector and other sectors.

The National Trade and Transport Facilitation Committee Secretariat has the specific stamp to support the implementation of the secretariat. For the Provincial Trade and Transport Facilitation Committee Secretariat shall use the stamp of the Department of Industry and Commerce in Province and Vientiane Capital.

 

Article 12  Extension

1. The Ministry of Industry and Commerce is assigned to issue the decision on organization and operation of the national and provincial trade facilitation working group in detailed, clearly, tightly and appropriated manner to support the implementation in good outcome;
2. The Ministry of Public Work and Transport is assigned to issue the decision on organization and operation of the national and provincial transport facilitation working group in detailed, clearly, tightly and appropriated manner to support the implementation in good outcome;
3. The relevant central departments and organizations, provincial departments and authorities to assign their personnel to be in the committee as stipulated in article 6 of this Decision, and then notify the Ministry and Industry and Commerce, Department of Industry and Commerce in Province and Vientiane Capital for acknowledgement.

 

Article 13  Implementation

The national and provincial trade and transport facilitation committee secretariat, central departments and organizations, provincial departments and organizations and relevant sectors shall acknowledge and implement this Decision strictly.

Article 14  Effectiveness

This Decision shall become effective from the date of signature.

Deputy Prime Minister

Chair of National Trade and Transport

Facilitation Committee

Saleumxay KOMMASITH