Public Roads Law No.04/99/NA, dated 3 March 1999

- Pursuant to Resolution No. 04-99/NA, dated 3 April 1999, of the 3rd Session of
the fourth legislature of the National Assembly, regarding the adoption of the Law on
Public Roads; and

- Pursuant to Proposal No. 06/NASC, dated 6 April 1999, of the National
Assembly Standing Committee.

The President of the Lao People’s Democratic Republic Decrees That:

Article 1. The Law on Public Roads is hereby promulgated.
Article 2. This decree shall enter into force on the date it is signed.

Vientiane, 26 April 1999
The President of the Lao People’s Democratic Republic
[Seal and Signature]
Khamtai SIPHANDON

Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR

LAO PEOPLE’S DEMOCRATIC REPUBLIC
PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY

National Assembly No. 04/99/NA
3 April 1999

LAW ON PUBLIC ROADS

Part I
General Provisions

Article 1. Function of the Law on Public Roads
The Law on Public Roads has the function to define principles,
regulations and measures relating to the management, use, planning, survey,
design, construction and maintenance of public roads, including ensuring
safety and environmental protection, to ensure smooth traffic in all seasons
between provinces, and between urban [areas] and rural or remote areas, in
order to contribute importantly to socio-economic development, to support the
defence and security of the county and to establish the basis for integrating the
national economy with other countries in the region. Top

Article 2. Meaning of Road
Road means the strip of land that is constructed to support traffic,
including the road framework, road appurtenances and road delimitation area.

Road framework

Road framework comprises the road structure, the road slope, culverts,
ditches for drainage channels, anti-erosion walls, bridges, tunnels, ferry boat
docks, ferry boats, parking areas and other structures that are constructed
under and above the road.

Road appurtenances

Road appurtenances comprise traffic signs, traffic lights, the road
lighting system and others ¹.

Road delimitation area

Road delimitation area refers to the strips of land along both sides of
the road that are reserved for the extension of the road or for road safety
activities.

Road safety activities

Road safety activities refers to activities, such as planting trees,
erecting walls, and others, that aim at preventing accidents, erosion and
pollution from smoke, colour, light and noise. Top

Article 3. Promotion of Road Development
It is the policy of the State to promote all economic sectors within and
outside the country to engage in the construction, repair and maintenance of
roads by reducing or exempting taxes and duties as stipulated in the Law on
the Promotion of Domestic Investment and the Law on the Promotion and
Management of Foreign Investment in the Lao PDR ² .
In order to ensure traffic in all seasons, the State authorises the
establishment of a road development fund. Top

Article 4. Obligations of Public Road Users
Persons and organisations that use public roads have the obligation to
contribute to the construction, repair and maintenance of public roads,
including [the obligation to contribute to] safety, traffic order, cleanliness,
beauty and environmental [protection].
The use of public roads shall be in strict compliance with traffic
regulations, such as: weight carried, speed and others. Top

Part II
Public Roads and Public Road Activities

Chapter 1
Public Roads

Article 5. Public Roads
Public roads refers to the road system that is the property of the
national community constructed for the interests of the people and for internal
and international traffic.
Public roads in the Lao People’s Democratic Republic are divided into
6 classes, namely:

National public roads;
Public roads in provinces, prefectures and special zones;
District public roads;
Municipal roads;
Rural roads;
Specific roads. Top

Article 6. National Public Roads
National public road refers to a strategic road that serves the interests
of the nation and [the interests] between nations, and includes:

Roads connecting the capital to municipalities within provinces
and special zone districts;
Roads to international borders;
Roads having socio-economic importance and importance with
regard to national defence and security. Top

Article 7. Public Roads in Provinces, Prefectures and Special Zones
Public roads in provinces, prefectures and special zones refers to roads
that are important for economic, political and socio-cultural development and
for national defence and security at the provincial or special zone level,
including:

Roads between provinces or from a province to a special zone;
Roads connecting municipalities within a province or special zone
district to municipalities within districts, ports, tourism places and
important historic sites within the province or special zone. Top

Article 8. District Public Roads
District public roads refers to roads that are important for economic,
political, and socio-cultural development, and for national defence and
security at the district level, including:

Roads between districts;
Roads connecting municipalities within a district to villages, ports,
tourism places, historic sites and special economic zones within
the district. Top

Article 9. Municipal Roads
Municipal roads refers to a system of roads used for traffic within a
municipal area. Top

Article 10. Rural Roads
Rural roads refers to roads connecting villages to villages and villages
to various production and service centres within villages. Top

Article 11. Specific Roads
Specific roads refers to roads used specifically for the production and
service of a sector, for national defence and security and for protected forest
areas. Top

Chapter 2
Public Road Activities

Article 12. Public Road Activities
Public road activities refers to the implementation of activities with
regard to public roads, which includes planning, survey, design, construction,
maintenance, repair, control and use of public roads. Top

Article 13. Public Road Planning
Public road planning refers to the study and collection of data in order
to establish plans for the development of various public roads as defined in
Article 5 of this law. Top

Article 14. Survey and Design of Public Roads
Survey of public roads refers to the collection of detailed data on
environmental conditions in order to establish feasibility studies, make an
assessment of the effectiveness [of the proposed road] and prepare for design.
Design of public roads refers to the establishment of a detailed plan in
compliance with technical standards based on the data analysis furnished by
the survey, and comprising drawings, cost evaluation and time for completion
of construction. Top

Article 15. Public Road Construction
Public road construction refers to the building of various public roads
as defined in Article 5 of this law. The public road contractor shall perform the
work in accordance with design documents, and shall ensure quality, safety
and environmental protection. Top

Article 16. Maintenance and Repair of Public Roads
Maintenance of public roads means to follow up, control, and check on
the conditions of public roads in order to provide regular maintenance, such
as: grass cutting, road surface cleaning, sewage draining, and cleaning of
bridges and other road appurtenances.
Repair of public roads means to maintain, repair and reinstate damaged
roads in compliance with the design, including routine repairs, periodic repairs
and urgent repairs. Top

Part III
Management and Use of Land, and Road Limits

Chapter 1
Management and Use of Land for Public Road Activities

Article 17. Management and Use of Land
The Ministry of Communication, Transport, Post and Construction is
the authority to manage and use the land for public road activities as stipulated in the Land Law.Top

Article 18. Material Resources for Public Road Activities
The Ministry of Communication, Transport, Post and Construction is
the authority to manage and use material resources for public road activities,
such as: soil, stone, gravel, sand and other types of construction materials at
locations that have been surveyed and the exploitation of which has been
authorised by the government. Top

Article 19. Compensation for Land Acquired for Public Road Activities
If, in the construction of various kinds of public roads, it is necessary
to use land that is legally owned by a private person or by an organisation, the
owner of the expropriated land used for public road construction shall receive
reasonable compensation. Top

Chapter 2
Road Limits

Article 20. Road Limits
Road limit refers to the total area of the road, which includes the road
surface, the road shoulder, footpaths, drainage channels, the road slope and the
delimitation area for public roads.
The width of the road limit for each kind of public road is as follows:

National public road: 25 meters on each side, measured from the
centre line of the road;
Provincial public road: 15 meters on each side, measured from the
centre line of the road;
District public road: 10 meters on each side, measured from the
centre line of the road;
Rural road: 5 meters on each side, measured from the centre line
of the road;
Municipal road: in compliance with the master urban plan;
Specific road: in compliance with technical standards specifically
imposed for such road.

Technical standards for each kind of public road are defined by the
Ministry of Communication, Transport, Post and Construction. Top

Article 21. Delimitation Area for Public Roads
No construction is permitted in the delimitation area. In the case of
necessity, the construction must be authorised by the public road management
authority. Top

Article 22. Safety-Limit Area of Public Roads
The safety-limit area of a public road refers to the area situated within
the safety limits of such public road and includes: the road shoulder, footpaths,
the area visible when approaching a curve, road junction areas, areas leading
to a bridge, the ends of pipes, the road slope, anti-erosion walls, drainage
channel islets in the middle of the road, zebra-crossings, and bus stations. It is
prohibited to carry out any activity or place any thing within the safety-limit
area of public roads. Top

Part IV
Public Road Fees and Service Charges

Article 23. Public Road Fees and Service Charges
Public road fees and service charges refers to the income from public
road activities and use, such as: fees for registration, fees for copyright, road
tolls, ferry-boat tolls, bridge tolls, and others. Top

Article 24. Collection of Fees and Service Charges for Public Roads
The Ministry of Finance in cooperation with the Ministry of
Communication, Transport, Post and Construction studies the rates of road
fees and service charges and submits them to the government for approval. Top

Part V
Establishment of Road Construction Enterprises,
Consulting Enterprises and Association of Road Engineers

Chapter 1
Establishment of Road Construction Enterprises
and Consulting Enterprises

Article 25. Establishment of Road Construction Enterprises
A road construction enterprise is a business unit established for
carrying out activities in road construction and repair.
An individual or organisation that intends to establish a road
construction enterprise shall meet the following conditions:

Be an engineer or have technical staff with engineering capability
in public road activities, [in each case] having at least 3 years’
experience;
Have capital as prescribed in regulations;
Have at least one set of machinery;
Have technicians in the field of road construction and mechanics. Top

Article 26. Road Consulting Enterprises
A road consulting enterprise is a business unit established to carry out
the planning, survey, design, monitoring and control of construction and the
provision of advice to the owner of the road construction project.
An individual or organisation that intends to establish a road consulting
enterprise shall meet the following conditions:

Be a road and bridge engineer who has skills and engineering
capability in public road activities and has at least 7 years’
experience;
Have technical staff with at least 5 years’ experience;
Have capital as prescribed in regulations;
Have an office, equipment, tools and vehicles as prescribed in
regulations. Top

Article 27. Association of Road Engineers
For the efficient management of road construction and for good order,
the State authorises the establishment of an Association of Road Engineers in
compliance with the regulations of the Ministry of Communication, Transport, Post and Construction. Top

Chapter 2
Establishment, Registration and Principles Governing the
Operations of Public Road Construction Enterprises

Article 28. Enterprise Establishment and Registration
The establishment and registration of public road construction
enterprises and public road engineering consulting enterprises shall
be incompliance with the Business Law³ and the Law on Promotion of Domestic Investment.
Regarding foreign investment, the Law on Promotion and Management
of Foreign Investment in the Lao People’s Democratic Republic shall apply. Top

Article 29. Principles Governing Public Road Activities
Public road activities shall comply with this law and the following
basic principles:

There shall be selection of companies;
There shall be bidding;
There shall be comparison of prices;
[Activities shall be on the basis of] turn key [contracts];
There shall be a project owner;
There shall be a consulting enterprise;
There shall be control;
There shall be construction quality assurance.

Any subcontracting work shall be approved by the owner of the project. Top

Part VI
Public Road Management and Inspection Authority

Chapter 1
Authority Responsible for Managing Public Roads

Article 30. Authority Responsible for Managing Public Roads
The authority responsible for managing public roads comprises:

The Ministry of Communication, Transport, Post and
Construction;
The communication, transport, post and construction division at
each province, prefecture and special zone;
The communication, transport, post and construction office at
each district and municipality;
Village administrative authorities. Top

Article 31. Rights and Duties of the Ministry of Communication, Transport,
Post and Construction
The Ministry of Communication, Transport, Post and Construction has
the following rights and duties:

To develop the strategic plan and long-, medium- and short-term
plans relating to the development of the public road network;
To issue regulations on the organisation, management, control,
planning, survey, design, construction, maintenance, repair and
use of public roads throughout the country;
To define the technical standards for different kinds of public
roads;
To study policies and rates of fees relating to road construction
and maintenance and then to submit to the government for
consideration;
To administer public road statistics;
To maintain international relations and cooperation for the
development of the public road network;
To exercise such other rights and perform such other duties
relating to road activities as assigned by the government. Top

Article 32. Rights and Duties of the Communication, Transport, Post and
Construction Division at each Province, Prefecture and Special
Zone
The communication, transport, post and construction division at each
provincial, prefecture or special zone has the following rights and duties:

To elaborate on the strategic plan and the public road network
development plan under its responsibility;
To authorise and manage public road construction enterprises and
[public road] consulting enterprises operating within its
jurisdiction;
To administer statistics and regularly report on the status of public
roads under its responsibility to the Ministry of Communication,
Transport, Post and Construction;
To exercise such other rights and perform such other duties
relating to public road activities as assigned by the Ministry of
Communication, Transport, Post and Construction. Top

Article 33. Rights and Duties of Communication, Transport, Post and
Construction Office at each District and Municipality
The communication, transport, post and construction office at each
district or municipality has the following rights and duties:

To encourage and monitor the construction, maintenance and
repair of public roads under its responsibility;
To manage public roads within the district or municipality under
its responsibility;
To administer statistics and regularly report on the status of public
roads under its responsibility to the communication, transport,
post and construction division at the [relevant] province,
prefecture or special zone;
To exercise such other rights and perform such other duties as
assigned by the communication, transport, post and construction
division at the [relevant] province, prefecture or special zone. Top

Article 34. Rights and Duties of Villages Administrative Authorities
Each village administrative authority has the following rights and duties:

To manage and regularly report on the status of public roads
within the village under its responsibility to the communication,
transport, post and construction office of the [relevant] district or
municipality;
To encourage the population to contribute to the construction,
maintenance and repair of public roads within the village;
To coordinate with neighbouring villages to share the
responsibility for public road maintenance;
To exercise such other rights and perform such other duties as
assigned by the communication, transport, post and construction
office of the [relevant] district or municipality. Top

Chapter 2
Inspection of Public Road Activities ⁴

Article 35. Inspection of Public Road Activities
Inspection of public road activities refers to inspecting the orderliness
in the management and use of public roads, inspecting the implementation of
public road construction, maintenance, and repair, and inspecting technical
systems and the costs of public road activities. Top

Article 36. Public Road Inspection Authority
The authority responsible for the inspection of public roads is the same
as the authority with the duty to inspect ⁵public road activities as stipulated in
Article 35 of this law. ⁶
In the execution of such duties, the Ministry of Communication,
Transport, Post and Construction is to set up an inspection committee. Top

Article 37. Contents of Inspection
The inspection of public road activities has the following contents:

Inspection of the planning, survey, design and construction;
Inspection of the standards to ensure safety in public road
activities;
Inspection of environmental protection in public road activities;
Inspection of compliance with technical and financial standards in
public road activities;
Inspection of the bidding, contracts, project owners and
contractors in public road activities;
Inspection of the use, maintenance and repair of public roads. Top

Article 38. Types of Inspection
There are 3 types of inspection of public road activities, as follow:

Regular inspection;
Inspection by advance notice;
Emergency inspection. Top

Part VII
Policies Towards Persons with Outstanding Achievement
and Measures Against Violators⁷

Article 39. Policies Towards Persons with Outstanding Achievement
Any person or organisation whose participation in public road
activities is efficient, creative, of high quality, or ensures safety or sound
environmental protection shall be rewarded and shall be granted other policies
as appropriate. Top

Article 40. Measures Against Violators
Any person or organisation that breaches this law, causing damage to
the public, the environment, or the property, health or life of any other person,
shall be subject to re-education, fines or criminal sanction, depending on the
seriousness of the offence, including having to compensate for damage caused
by it. Top

Article 41. Re-Education⁸Measures
Any person or organisation committing a minor offence under this law,
such as: infringement of regulations relating to public road activities or the
maintenance and use of public roads that causes damage to public or private
property but does not involve any serious consequences, shall be re-educated,
warned and required to compensate for damage caused by it. Top

Article 42. Fines
Any person or organisation breaching this law by committing the acts
[in the following sentence] shall be fined and shall compensate for damage
caused by it. [Such acts are]: infringement of regulations relating to public
road activities, to the maintenance, repair, and use of public roads, and to the
displacement of road appurtenances, [in each case] causing damage to the
structure, safety and delimitation area of a public road; [and] infringement of
regulations relating to business registration and operation, and infringement of
construction principles, [in each case] causing damage to public or private
property. Top

Article 43. Criminal Sanctions
Any person breaching any provision of this law, such as: serious
violation of principles relating to public road activities, or to the maintenance,
repair, or use of public roads; destruction of road appurtenances, road
structures, delimitation areas, or safety-limit areas; falsification of registration
and business documents; violation of construction principles causing damage
to the public, or to the life, health or property of other persons; and abuse of
position for personal interest; shall be subject to criminal prosecution and shall
compensate for damage caused by him. Top

Article 44. Supplementary Punishments
In addition to the main punishments specified in Articles 42 and 43 of
this law, the offender shall also be subject to supplementary punishments, such
as: suspension of activities or withdrawal of business license. Top

Part VIII
Final Provisions

Article 45. Implemantation
The government of the Lao People's Democratic Republic is to
implement this law. Top

Article 46. Effectiveness
This law shall come into effect after 90 days from the date of the
promulgating decree issued by the President of the Lao People's Democratic
Republic.
Provisions and regulations that contradict this law are null and void.Top

Vientiane, 3 April 1999
President of the National Assembly
[Seal and Signature]
Samane VIGNAKET

Endnotes

1 The term “and others” is a literal translation and is not subject to further specificity.

2 Since 2004, this law has been amended and re-titled the Law on the Promotion of Foreign
Investment in the Lao People’s Democratic Republic.

3 This is a reference to an older law which has since been replaced by the 2005 Enterprise Law.

4 In the Lao language, the same word is used to represent all of the following related (but
slightly different) concepts: “control”, “inspection”, “supervision”, “audit” and “monitoring”. The
translators have chosen “inspection” (and its variants) as the most appropriate English equivalent but
readers should note and bear in mind the other meanings that might have been intended.

5 The translators are aware that the sentence is circular in its logic.

6 The translators are aware that Article 35 does not stipulate any authority.

7 The term “policies” is often used as an indirect way of referring to “incentives’ or “privileges”
and the term “measures” is often used as an indirect way of referring to “sanctions”.

8 Here, “re-education” does not mean the same as “re-education without deprivation of liberty”
referred to in the Penal Law.

Top

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