[Unofficial Translation]
Law on Standardization
(Revised Version)
Article 3 (Revised) Explanation of Terms
Article 4 (Revised) Policy on Standardization
Article 5 (Revised) Basic Principles on Standards
Article 6 Scope of Application
Article 7 International Cooperation
Chapter II Types of Lao Standards
Article 8 (Revised) Types of Lao Standards
Article 9 Lao Standards for Products and Goods
Article 10 Content of Lao Standards for Products and Goods
Article 11 Lao Standards for Services
Article 12 Content of Lao Standards for Services
Article 13 (Revised) Lao Standards for Environmental
Article 14 Contents of Lao Standards for Environmental
Article 15 Use of Technical Terms
Chapter III Standards, Technical Regulations and Code of Practice
Article 16 (Revised) Lao Standards
Article 17 Principles for Developing Lao Standards
Article 18 Development of Lao Standards
Article 19 (New) Regulations on the Preparation, Adoption and Application of the Lao Standards
Article 20 (New) Procedures for Developing Lao Standards
Article 21 (Revised) Effectiveness of Lao Standards
Article 22 Application of the Lao Standard
Article 23 (New) Amendment and Revocation of Lao Standards
Section 2 Technical Regulations
Article 24 Technical Regulations
Article 25 Contents of Technical Regulations
Article 26 (New) Procedures for the Adoption, Publication and Application of Technical Regulations
Article 27 (New) Procedures for the Development, Adoption and Publication of Technical Regulations
Article 28 (Revised) Principles for Developing Technical Regulations
Article 29 (New) Development of Technical Regulations
Article 30 (Revised) Promulgation of Technical Regulations
Article 31 (Revised) Effectiveness of Technical Regulations
Article 33 (New) Code of Practice
Article 34 (New) Contents of Code of Practice
Article 35 (New) Rules for the Development of Code of Practice
Part IV Organizations Responsible for Developing Lao Standards
Article 37 Organizations Responsible for Developing Lao Standards
Article 38 (Revised). Location and Roles of the National Standards Council
Article 39 (Revised) Rights and duties of the National Standards Council
Article 40 Organizational Structure of the National Standards Council
Article 41 (Revised) Chairperson, Vice-Chairpersons and Members of the National Standards Council
Article 42 (Revised) National Technical Committee
Article 43 (Revised) Rights and Duties of the National Technical Committee
Article 44 (Revised) Appoint of Representatives
Part V Standards, [and] Technical Regulation Conformity and Conformity Assessment
Chapter 1 Standard and Technical Regulation Conformity
Article 45 Standard and Technical Regulation Conformity
Article 46 (Revised) Principles of Conformity Assessment
Article 47 Conformity Assessment Body
Article 48 Forms of Conformity Assessment
Article 49 Self- Conformity Assessment
Article 50 Voluntary Conformity Assessments
Article 51 Compulsory Conformity Assessment
Chapter 2 Conformity Assessment
Article 52 (New) Conformity Assessment
Article 53 (New) Rules for Conformity Assessment Procedures
Article 54 (New) Determination of Conformity Assessment Procedures
Article 55 (Revised) Objection of Conformity Assessment
Part VI Management and Testing Systems
Article 56 Types of Management System
Article 57 Food Safety Management System
Article 58 Quality Management System
Article 59 Environmental Management System
Article 60 Other Management System
Article 62 Collection of Samples
Article 64 Evaluation of Test Results
Part VII Accreditation and Certification
Article 66 (New) National Accreditation [Bureau]
Article 67 (New) Rights and Duties of the National Accreditation Bureau
Article 68 Testing Centers, Laboratories
Article 69 (New) Certification Body
Article 70 (New) Certification
Article 71 Types of Certification
Article72 Product Certification
Article 73 (Revised) Product Certification Mark
Article 74 (Revised) Applications for the Product Certification Mark
Article 75 (Revised) Use of the Product Certification Mark
Article 76 (Revised) Mandatory Product Certification mark
Article 78 Certification of Management System
Article 79 Procedures for Management System Certification
Article 80 Agencies Issuing Management System Certificates
Article 81 (Revised) Application for Permit to Certify Management System
Article 82 (Revised) Management System Certification Mark
Article 83 Types of System Certification Marks
Article 84 (Revised) Promulgation of Management System Certification Mark
Article 85 Use of Management System Certification Mark Permit
Article 86 (Revised) Affixing Management System Certification Marks
Chapter 3 Suspension, Withdrawal or Revocation of Certificates
Article 87 (Revised) Suspension, Withdrawal or Revocation of Certificates
Article 88 Conditions for Suspension of Certificates
Article 89 Conditions for Withdrawal or Revocation of Certificate
Article 90 (Revised) Objection of Suspension, Withdrawal or Revocation of Certificates.
Part VIII Rights and Obligations of Suppliers and Consumers
Chapter 1 Rights and Obligations of Suppliers
Article 91 (Revised) Rights of Suppliers
Article 92 Obligations of Suppliers
Chapter 2 Rights and Obligations of Consumers
Article 93 Rights of Consumers
Article 94 Obligations of Consumers
Article 95 (Revised) Prohibitions for Suppliers
Article 96 Prohibitions for Consumers
Article 97 Prohibitions for Officials Engaged in Standardization Activities
Article 98 Prohibitions for Individuals, Legal Entities and Other Organizations
Article 99 Principles of Dispute Resolution
Article 100 Forms of Dispute Resolution
Article 101 Compromise Reconciliation
Article 102 Resolution of Administrative Disputes
Article 103 Resolution by Economic Dispute Resolution Authority
Article 104 Suing to the People’s Court
Article 105 International Dispute Resolution
Part XI Management and Inspection of Standardization
Chapter 1 Management of Standardization
Article 106 (Revised) Organizations for Management of Standardization
Article 107 (Revised) Rights and Duties of the Ministry of Science and Technology
Article 108 (Revised) Rights and Duties of Provincial and Capital Science and Technology Department
Article 109 (New) Rights and Duties of District [and] Municipal Science and Technology Office
Article 110 Rights and Duties of Other Concerned parties
Chapter 2 Standardization Inspection
Article 111 (Revised) Standardization Inspection Authority
Article 112 Rights and Duties of the Internal Inspection Authority
Article 113 Rights and Duties of External Inspection Authorities
Article 114 Types of Inspection
Part XII Awards towards Good Performers and Sanctions Against Violators
Article 115 Awards towards Good Performers
Article 116 Sanctions against Violators
Article 117 (Revised) Education Measures
Article 118 (Revised) Disciplinary Measures
Article 121 (Revised) Criminal Measures
Article 122 Supplementary Measures
Lao Peoples Democratic Republic
Peace Independence Democracy Unity Prosperity
National Assembly No. 49 / NA
Vientiane, Date: 18 July 2014
Law on Standardization
(Revised Version)
This Law defines principles, rules [and] measures regarding the organization, activities, management and inspection of standards and technical regulations for products and goods, services, processes, and the environment to support, promote and ensure that the production, services, social economic activities and environment protection have quality, efficiency, justice and to protect the legitimate rights, interests and safety of consumers, ensuring regional and international integration, contributing to the development of the nation.
Standard is the characteristics of products, goods, services, processes, the environment, and other matters relating to standards, which are established for the valuation, classification, and quality ratings of these things which is established and adopted by a recognized standardization body on the basis of agreement.
Article 3 (Revised) Explanation of Terms
Terms used in this Law shall have the following meanings:
- International Standard means the standard that is adopted by the International Standard Organization and made available for the public;
- Regional Standard means the standard that is adopted y the Regional Standard Body and made available for the public;
- Foreign Standard means a National Standard of a certain country that is adopted and made available for the public;
- Standards Mark means the certification of a product, management systems or accreditation system as established by the Ministry of Science and Technology or such other organization as may be assigned.
- Standardization means an activity consisting of the process of development, promulgation and implementation of standards and other activities relating to standards.
- Process means the procedures of production, construction, service, environment, and other activities.
- Certification means procedures for official recognition by an authorized body from line agencies with regards to conformity of product quality and goods with the standards;
- Product Certification means the procedures for official recognition by an authorized body from line agencies with regards to conformity of product quality and goods with standards;
- Management System Certification means the official recognition by an authorized body from lines agencies with regards to conformity of quality management systems, environmental management system or others management systems with the national or international standards .
- Certificate means a recognition document relating to the certification of products, goods, services, environment, conformity certification and other certification, such as a Product Certificate, System Certificate and Conformity Certificate.
- Conformity assessment means any activity relating directly or indirectly to the assessment of the implementation of standards, technical regulation and other related laws and regulations.
- Goods means any object [or] material used for commercial transaction;
- Product means any object that has been produced [and] processed;
- Third Party means a recognized individual, legal entity or organization that is independent from the supplier and consumer.
- Supplier means a manufacturer, distributor, seller [and] service provider.
- Consumer means a purchaser [and] consumer.
Article 4 (Revised) Policy on Standardization
The State promotes widespread use of standards for products [and] goods, services, processes and environment, the implementation of technical regulations, including research, analyzes and the application of science and technology to serve standardization activities.
The State and society invests in technical infrastructure, particularly testing centers or laboratories [and] training centers, for ensuring to the capability of standardization management.
The State supports and promotes business units such as small and medium sized producers and family type business in improving the quality of products [and] goods, services, and the environment up to the international, regional, foreign [and] national standards to ensure that they can compete in domestic and international markets.
The State promotes standardization activities to strengthen the capability to manage and utilize natural resources, environment and and labor economically, appropriately, and suitable with the actual situation in each period aiming at protecting consumers, ensuring justice in the society and better life for the people.
The State supports, promotes and facilitates the public authorities and domestic private sector and foreigners investing in the Lao PDR to participate in standardization activities such as the development and implementation of standards, the management and inspection of such activities in a such appropriate, broad manner and high responsibility.
Article 5 (Revised) Basic Principles on Standards
Standards shall be implemented according to the following basic principles:
- Raise socio-economic quality and efficiency, promotes quality competition of products and goods, services, and environmental protection in both domestic and foreign markets;
- Meet the needs and ensure sanitation, consumer health [and] safety, national defense and public security, rights and interests and livelihood of consumers and related stakeholders.
- Ensure openness, justice, equality, transparency, and accountability, avoid discrimination, barriers to the production, trading businesses and services;
- Conform with international standards, consistent with actual situation and capability for implementation;
- Ensure that producers, distributors, sellers, service providers operate according to the defined standards.
Article 6 Scope of Application
This Law applies to the activities relating to standardization, including the development, promulgation, and implementation of standards and technical regulations in the areas of production, trading business, services, processes, environment and other matters related to standardization.
Article 7 International Cooperation
The State opens its relations and cooperation with foreign countries, regional and international organizations on standards by the mobilization of assistance, scientific research, technical cooperation, exchange of lessons, capacity building for personnel and others based on the independence, sovereignty, and equality and mutual benefits. Any disputes will be resolved according to international agreements and treaties to which Laos is a party.
Types of Lao Standards
Article 8 (Revised) Types of Lao Standards
Lao Standards are as follows:
- Lao Standards on products and goods.
- Lao Standards on services.
- Lao Standards on environmental standards
Article 9 Lao Standards for Products and Goods
Lao Standards for products and goods is the determination of characteristics of products and goods in order to meet the requirements of suppliers and consumers.
Products and goods produced and used domestically shall conform to the Lao Standards.
Products and goods for export and import shall meet the specified standards.
Article 10 Content of Lao Standards for Products and Goods
Lao Standards for products and goods consist of technical terms, symbols, bio-chemical characteristics, component materials, and other characteristics, production methods, testing methods, packaging, marking, labeling of products and goods.
Article 11 Lao Standards for Services
Lao Standards for services is the determination of operation systems that involve with many stages and areas of work including installations and warranty periods for products and goods, tourism services, hotels, restaurants, transportation, telecommunications, education, public health, and others to ensure the efficiency, effectiveness and timeliness of services.
Lao Standards for [different] services are specified in separate regulations and are under the responsibilities of concerned parties according to their roles.
Article 12 Content of Lao Standards for Services
Lao Standards for services consist of the following contents:
- Process management systems;
- Document management;
- Organization, personnel and facilities;
- Simplified and quick service procedures;
- Internal audit systems.
- Prevention and problem solving related to services;
- Other contents.
Article 13 (Revised) Lao Standards for Environmental
Lao Standards for Environmental is the determination criteria or limits permitted for releasing pollution that causes adversely affect on health [and] lives of human, animals, plants, and the environment.
Individual, legal entity or organization that operates businesses in manufacturing, trade [and] services shall cautiously comply with the standards, laws and regulations governing the environment.
Lao Standards for environment are defined in separate regulations, the competent authorities are responsible for [the implementation of standards] according to their roles.
Article 14 Contents of Lao Standards for Environmental
Lao Standards for environmental consist of the following contents:
- Level [and] ranges of release of wastewater, smoke, waste oil, chemical residue, and other polluted wastes.
- Level and ranges of vibration, noise, light, color, radiation, odor;
- Other contents related to environment.
Article 15 Use of Technical Terms
The use of technical terms for the establishment of standards shall ensure correct, uniform understanding and consistent with the terminologies used by the International Standard Organization (ISO).
Standards, Technical Regulations and Code of Practice
Lao Standards
Article 16 (Revised) Lao Standards
Lao Standards is the standards that is adopted by the National Standard Council and promulgated by the Ministry of Science and Technology.
Lao Standards is the standards that serve activities with regards to standards in Lao PDR.
Lao Standards, the abbreviation in Lao is “mor lor” and in English is “Lao Standard or “LS”.
Article 17 Principles for Developing Lao Standards
The development of Lao Standards shall comply with the following principles:
- Apply science, technologies and advanced lessons and shall meet the needs of socio-economic development in each period;
- Research, analyze and compare with foreign, regional and international standards as the basis for developing [standards] to ensure that it is consistent with the characteristics and actual situations of the country;
- Ensure the conformity with the foreign, regional and international standards;
- [ensure] the consistency with the laws and regulations of Lao PDR, international agreements and treaties to which Lao PDR is a party.
Article 18 Development of Lao Standards
In addition to principles defined in Article 5 of this Law, the development of Lao Standards shall also be based on:
- Findings of scientific researches, advanced technology and techniques;
- Lessons, characteristics and actual conditions of the country;
- Outcomes of the assessment of the inspections, testing, quality certification and work efficiency of relevant sectors.
Article 19 (New) Regulations on the Preparation, Adoption and Application of the Lao Standards
The preparation, adoption and application of the Lao standards as defined in Articles 18, 20, 21 and 22 of this Law shall be complied as follows:
- Adopting good practice for the preparation, adoption and application of standards as defined in Annex 3 of the WTO Agreement on Technical Barrier to Trade;
- Applying standard on voluntary basis;
- Not creating unnecessary barriers to trade;
- Equal treatment between imported products and goods and domestic products and goods and among imported products and goods;
- The Lao national standards shall be consistent with the international standards, if possible;
- There shall be full participation of the Ministry of Science and Technology on the basis of appropriateness and limitation of resources for the preparation of international standards carried out by relevant international standard body with regards to the adopted standards or to be adopted in order to build uniform standards as widespread as possible;
- The application of standards [shall] be based on the usage requirements of the products and goods rather than the design or the look of products and goods, if appropriate.
Article 20 (New) Procedures for Developing Lao Standards
The development of Lao Standards shall be complied with the following procedures:
- Proposal for Developing Lao Standard
Individual, legal entity or organization and the National Standard Council wishing to develop Lao Standard shall submit a proposal to the Ministry of Science and Technology.
The Ministry of Science and Technology considers the proposal for developing Lao Standard based on the principles as defined in Articles 5 and 18 of this Law. In case such proposal is approved, the Ministry of Science and Technology shall designate relevant Central Technical Committee to draft such standard.
- Drafting Lao Standard
The relevant Central Technical Committee shall research and draft a Lao Standard in cooperation with the proposed body, supplier and consumers. If it is necessary, the Central Technical Committee may hire foreign specialist as appropriate.
The Central Technical Committee shall post the draft Lao Standard on the website of the Ministry of Science and Technology and other printed media for at least sixty days for public comments.
The Central Technical Committee shall review and improve the Lao National Standard based on reasonable technical recommendations. After that, the Central Technical Committee shall submit the draft Lao Standard to the National Standard Council for consideration and adoption.
- Adoption of Lao Standard
The Lao Standards will be adopted in principle by the National Standard Council only if two-thirds of the National Standard Council members attending the meeting. Then the National Standard Council will submit such national standard to the Ministry of Science and Technology for official adoption and promulgation.
Article 21 (Revised) Effectiveness of Lao Standards
The Lao Standard takes into effect within sixty days from the date of promulgation by the Ministry of Science and Technology and shall be post on the website of the Ministry of Science and Technology and other printed media.
Article 22 Application of the Lao Standard
Application of Lao Standards shall be on a voluntary basis of the concerned parties, such as suppliers and consumers, except they are required by laws and regulations and on a compulsory basis by the technical regulations such as products, strategic goods, services and the environment that are the targets for the management and enforcement that are related to safety, sanitation, health, national defense, and public security.
Article 23 (New) Amendment and Revocation of Lao Standards
The amendment [and] revocation of Lao Standards as defined in item 5 Article 39 of this Law, the National Standard Council, in collaboration with relevant National Technical Committee, [is required] to review [and] revoke Lao Standard every five years or earlier, if necessary and propose to the Ministry of Science and Technology for consideration.
Technical Regulations
Article 24 Technical Regulations
Technical regulations are specific technical documents for products and goods, services, processes, environment and other relevant matters to serve the management and inspection, ensuring safety, sanitation, lives of human, animal and plants, environment, legitimate rights and interests of consumers, environmental protection, national interests and security.
Article 25 Contents of Technical Regulations
Contents of technical regulations shall include the determination of levels, scope, specific technical characteristics, technical terms, symbols, packaging, marking and labeling for products and goods, services, processes and the environment.
Technical regulations are used to control and inspect the technical aspects of production, trade and services businesses in compliance with the relevant standards, laws and regulations.
Article 26 (New) Procedures for the Adoption, Publication and Application of Technical Regulations
The preparation, adaptation, publication and application of technical regulations shall be complied with the regulations as defined by the Ministry of Science and Technology and consistent with the good code of practice, policies on standardization and conformity of ASEAN including Technical Barriers to Trade Agreement of the World Trade Organization. In addition, it shall be uniformly applied among relevant organizations and sectors nationwide.
Article 27 (New) Procedures for the Development, Adoption and Publication of Technical Regulations
The relevant ministries, authorities [shall] cooperate with the provincial [and] Capital authorities in developing technical regulations by appointing a technical committee consisting of relevant ministries [and] agencies to research and develop a draft technical regulation.
Once the Technical Committee completed a preliminary draft technical regulation, the draft shall be published on the website and other printed media for public comments, especially the suppliers and consumers for at least sixty days. During this period, such draft regulations shall be submitted to the WTO and international organizations as specified in the relevant treaties and agreements to which Lao PDR is a party.
Where urgent problems which may cause serious problems to lives [and] health of human, animals, plants, environment and national security, procedures for developing technical regulations may not be necessary to follow the above specified procedures but the WTO and relevant international organizations shall be informed as soon as possible.
The relevant ministries and authorities shall adopt, promulgate and publish and assess the implementation of such technical regulations.
Article 28 (Revised) Principles for Developing Technical Regulations
The development of technical regulations shall be applied according to the following principles:
- Shall be consistent with the relevant rules, laws and regulations of Lao PDR, and with international agreements and treaties to which Lao PDR is a party;
- Shall be based on requirements for the development of standard as defined in Article 18 of this Law;
- Shall ensure the protection of life and health of humans, animals and plants and [to protect the] environment, to prevent deceptive practices, to protect national security and to ensure the quality and safety of its goods
- Shall not create unnecessary obstacles to trade;
- Imported products, domestic products and among similar imported products shall be at least treated equally;
- Shall be applied in practical ways to achieve legitimate objectives in order to minimize the creation and compliance costs to avoid unintended consequences;
- The use of products and goods shall be based on terms of performance rather than design or descriptive characteristics, if appropriate;
- Ensuring compliance of technical regulations with code of practice that shall be carried out by conformity assessment procedures as specified in Articles 53 and 54 of this Law.
In addition to reliance on international and national standards, the development of technical regulations shall also be based on technical and scientific evidence.
Article 29 (New) Development of Technical Regulations
The Ministry of Science and Technology [shall] cooperate with relevant sectors in developing technical regulations for uniform preparation, adoption, publication, application and revision of technical regulations both at the central and local levels to be in line with the international agreements and treaties to which Lao PDR is a party, Agreement on Technical Barriers to Trade of WTO, ASEAN Guidelines on Regulatory Good Code of Practice and ASEAN Policy on Standards and Conformity as well as uniform implementation nationwide.
Article 30 (Revised) Promulgation of Technical Regulations
Relevant sectors and local authorities [shall] promulgate technical regulations under their scope of responsibilities. And shall take into effect not less than one hundred eighty days from the date of its signing.
Article 31 (Revised) Effectiveness of Technical Regulations
Technical regulations apply to individuals, legal entities and organizations, particularly suppliers and consumers.
Article 32 (New) Responsibilities of the Ministry of Science and Technology for the Development and Application of Technical Regulations
The Ministry of Science and Technology shall be responsible for the development and application of technical regulations as defined in Article 28 of this Law as the follows:
- Provide technical assistance to relevant Government agencies at the central and local levels;
- Provide technical information and international and regional standards and conformity assessment procedures that are relevant to the proposed technical regulation upon the request;
- Coordinate with concerned sectors to ensure the compliance with requirements of this Law and international and regional treaties and agreements to which Lao PDR is a party;
- Coordinate with relevant sectors to promote public awareness and understanding on the objectives and procedures for the application of technical regulations.
Code of Practice
Article 33 (New) Code of Practice
Code of Practice is a document that instructs actual implementation of processes of design, production, installation, maintenance or the use of equipment, structure, product and goods to ensure quality and safety.
Article 34 (New) Contents of Code of Practice
Contents of Code of Practice shall consist of instructions on the methods, procedures for applying standards and technical regulations into actual practice in production, business [operations], trade and services.
Article 35 (New) Rules for the Development of Code of Practice
The development of code of practice shall be in line with the standards, technical regulations and relevant laws of Lao PDR and the international agreements [and] treaties to which Lao PDR is a party.
Article 36 (New) Development, Adoption, Promulgation, Application and Publication of Code of Practice
The development, adoption, promulgation, application and promulgation of Code of Practice shall be carried out the same as for Technical Regulations as defined in Articles 29, 30, 31 and 32 of this Law.
Relevant sectors and local authorities may develop Code of Practice and may amend or revoke such Code of Practice based on the needs such as the advancement of science and technology.
Organizations Responsible for Developing Lao Standards
Article 37 Organizations Responsible for Developing Lao Standards
The organizations responsible for developing Lao Standards are as the followings:
- The National Standards Council
- The National Technical Committee
Article 38 (Revised). Location and Roles of the National Standards Council
The National Standards Council, is established by the Minister of Science and Technology, has the role to consider and adopt the Lao Standards and then submit to the Minister of Science and Technology to consider the promulgation.
Article 39 (Revised) Rights and duties of the National Standards Council
The National Standards Council has the following rights and duties:
- To research policy, regulations, programs, projects and activities relating to standardization in order to submit to the Minister of Science and Technology for consideration;
- To research the rules, methods and procedure relating to the development [and] adoption of Lao Standards including its implementation;
- To prioritize products, goods, services and environmental for developing Lao standards;
- To evaluate the application of standardization activities as reported by its own members;
- To research on the adoption, amendment and revocation of Lao Standards, Lao Standard Marks and certificates of conformity as requested by the relevant National Technical Committee in order to submit to the Minister of Science and Technology for consideration ;
- To comment on drafts of certification marks and other matters relating to standardization activities.
- To participate in meetings and activities on standardizations domestically and abroad as assigned or appointed by the ministry, line agencies in which he/she belongs to, as suggested by the Ministry of Science and Technology;
- Apply other rights and duties as defined in the laws and regulations.
Article 40 Organizational Structure of the National Standards Council
The National Standards Council is composed of representatives from the lines ministries, organizations, educational institutions, professional associations, the National Chamber of Commerce and Industrial, suppliers and consumers.
The National Standards Council comprises of a chairperson, some vice-chairpersons, members and assistant body.
For the organization and activities of the National Standards Council including its assistant body are determined in a separate regulation.
Article 41 (Revised) Chairperson, Vice-Chairpersons and Members of the National Standards Council
The Chairperson, vice-chairpersons and members of National Standards Council shall have management qualifications and experience and be appointed by the Minister of Science and Technology according to the proposal from the National Standards Council based on the resolution of its meeting.
Rights and duties of the Chairperson, vice-chairpersons and members of the National Standards Council are determined in a separate regulation.
Article 42 (Revised) National Technical Committee
The National Technical Committee is established by the National Standards Council to assist its activities in fulfilling its roles, rights and duties relating to standardizations.
The Central Technical Committee consists of specialists from various ministries and organizations, educational institutions, professional associations, the National Chamber of Commerce and Industrial, suppliers and consumers according to the proposal of the parties concerned.
The National Technical Committee consists of a chairperson, vice-chairpersons and members who are appointed by the Chairperson of the National Standards Council.
Article 43 (Revised) Rights and Duties of the National Technical Committee
The National Technical Committee has the following rights and duties:
- To research, comment and draft standards and technical manuals.
- To participate in research and evaluate the issuance of different types of certificates.
- To participate in meetings and activities on standardizations domestically and abroad as assigned by the ministry, line authorities in which he/she belongs to;
- To coordinate with relevant sectors;
- Summarize [and] report the implementation of standardization activities to the National Standards Council on regular basis;
- Apply other rights and duties as defined in the laws and regulations and as assigned.
Article 44 (Revised) Appoint of Representatives
Concerned sectors and authorities are obligated to appoint their representatives or specialists to participate in the National Standards Council or the National Technical Committee upon the proposal of the Ministry of Science and Technology not later than 30 days after receiving such proposal.
Standards, [and] Technical Regulation Conformity and Conformity Assessment
Standard and Technical Regulation Conformity
Article 45 Standard and Technical Regulation Conformity
Conformity is the harmonization [and] accuracy with the standards and technical regulations that are linked with the safety and quality of products, goods, services [and] environment.
Article 46 (Revised) Principles of Conformity Assessment
Conformity assessment shall be carried out according to regional and international procedures, principles and regulations of or the international agreements and treaties to which the Lao PDR is a party.
Article 47 Conformity Assessment Body
Conformity assessment body is a body established within concerned government and private sectors having the role to evaluate and assess the harmonization, the conformity of the application of standards and technical regulations.
The organization structure, personnel, rights and duties of conformity assessment body are provided in a separate regulation.
Article 48 Forms of Conformity Assessment
Conformity assessment has the following main forms:
- Self-conformity assessment.
- Voluntary conformity assessment.
- Compulsory conformity assessment.
Article 49 Self- Conformity Assessment
Self-conformity assessment to standards is carried out by individuals [and] legal entities. It shall be done according to the determined procedures, principles and legislation. Results shall be submitted to the related conformity assessment body of the government for certification.
Article 50 Voluntary Conformity Assessments
Voluntary conformity assessment to standards is carried out by a Government Conformity Assessment Body through testing, inspection [and] certification and shall be reported to the individual, legal entity or organization that requested [for such assessment].
Article 51 Compulsory Conformity Assessment
Compulsory conformity assessment to technical regulations is carried out by a government conformity assessment body through testing, inspection and certification of products, goods, services, processes, environment and other matters related to technical regulations.
Conformity Assessment
Article 52 (New) Conformity Assessment
Conformity assessment as defined in Articles 46, 49, 50 and 51 of this Law shall include all activities directly or indirectly related to the determination of standards or technical regulations that shall be fulfilled.
Conformity assessment includes testing, inspection, market surveillance, product and goods certification, quality management system certification, and accreditation.
A specific conformity assessment procedure may include one or more of these conformity assessment activities.
Article 53 (New) Rules for Conformity Assessment Procedures
Conformity assessment procedures hall be carried out according to the Lao Standards, regional and international quidelines [and] requirements as defined in international and bilateral agreements and treaties to which Lao PDR is as party.
Conformity assessment procedures shall be implemented according to the following rules:
- The preparation, adoption and application of conformity assessment procedures shall be applied at least equally between the imported products and domestic products and between products originating in any other country;
- The application of standards, technical regulations and relevant guidelines is necessary for the basis of the development of the conformity assessment procedures, except such procedures are not applicable in Lao PDR;
- Shall be applied with the minimum number of licenses, certifications and approvals needed to achieve objectives in technical regulations;
- Information required shall be limited to what is necessary to assess conformity and determine fees and charges;
- Shall keep confidentiality related to conformity assessment to protect legitimate commercial interests;
- With a view to harmonizing conformity assessment procedures on as wide a basis as possible, relevant sectors shall play a full part, based on the appropriateness and within the resource limitations in the preparation by appropriate international standardizing bodies of guides and recommendations for conformity assessment procedures;
- Shall ensure that all conformity assessment procedures that have been adopted are published promptly as to enable interested parties, ASEAN and WTO members to become acquainted with them;
- If a relevant international or regional conformity assessment procedure does not exist, such conformity assessment procedure shall be in accordance with the Lao PDR Code of Practice for Technical Regulations;
- The results and conformity assessment procedures of other countries that are acceptable for Lao PDR;
- Conformity assessment procedures for local technical regulations shall comply with the national conformity assessment procedures;
- Such procedures shall not be prepared, adopted and applied to obstruct unnecessary barriers to trade and shall be promptly and transparently carried out;
- Conformity assessment procedures shall come into force at least one hundred and eighty days after publication in an official gazette.
Article 54 (New) Determination of Conformity Assessment Procedures
The determination of conformity assessment procedures as defined in Articles 49, 50 and 51 of this Law shall be implemented according to the followings:
- Self-declared conformity assessment is carried out by the supplier or the manufacturer, and is commonly known as First-Party conformance;
- Second-party conformity assessment is carried out by a purchaser or legal entity and is commonly known as second-party conformance with the supplier’s consent and agreement;
- Third-party conformity assessment is carried out by an independent entity or organization is commonly knows as third-party conformance that is not the supplier or producer or user of the product or service;
- Assessment of conformity for standards is performed on a voluntary basis;
- Assessment of conformity for a technical regulation shall be applied on a compulsory basis under the direction of the relevant Government authority using accredited laboratories where required; if it is not satisfied, the determinations related to conformity assessment can be appealed to the Ministry of Science and Technology, and if unresolved, can be submitted to the courts for review;
- Conformity assessment shall be complied with Mutual Recognition Agreements (MRAs), multilateral agreements, international agreements and treaties to which Lao PDR is a party.
Article 55 (Revised) Objection of Conformity Assessment
Individual, legal entity or organization that disagrees with conformity assessment conducted by the conformity assessment body has the right to object [such assessment] by appealing to the Ministry of Science and Technology for consideration. If the objection is not resolved satisfactorily, the matter may be submitted to the courts for consideration under the laws and regulations.
Part VI
Management and Testing Systems
Article 56 Types of Management System
Management systems are divided into four types:
- Food safety management system.
- Quality management system.
- Environmental management system.
- Other management system.
Article 57 Food Safety Management System
Food safety management system is the activity of the concerned agencies and parties to supervise, monitor, control and inspect processes including the management of cleanliness of food production and the elimination of contaminants, residues, disease causing organisms, and additives in food in a systematic way according to the standards and laws and regulations related to food to ensure hygiene, health, and safety of consumers.
Article 58 Quality Management System
Quality management system is the system of coordination activities within concerned agencies and parties that systematically supervise, monitor, control and inspect processes to ensure the compliance, quality, and safety of those processes.
Article 59 Environmental Management System
Environmental management system is the systematic activities by concerned agencies and parties that to supervise, monitor, control and inspect processes including the control and limit pollution, emission in the processes to ensure the performance with standards and the laws and regulations related to the environment.
Article 60 Other Management System
Other management system that has the management system for manufacturing, trade, construction, transportation, communications, education, public health and other services are to be implemented in accordance with the laws and regulations of relevant sectors and with international, regional, and foreign management standards systems.
Testing System
Testing system consists of:
- Collection of samples;
- Testing;
- Evaluation of test results.
Article 62 Collection of Samples
Collection of samples of products or goods for testing shall be complied with the samples collection, storage, and transportation as defined in the standards for those products or goods.
Testing is the study and analysis of samples of products and goods, and subsequent trials by applying methods and tools recognized by the parties concerned to be observed results and characteristics of those products and goods.
Article 64 Evaluation of Test Results
Evaluation of test results shall be performed in accordance with the principles and procedures as specified in the relevant standards.
Test results shall be certified and approved by the agencies and parties concerned, and shall be printed on the test results forms specified.
Accreditation and Certification
Accreditation
Accreditation is an official recognition procedure of a relevant body with regards to the ability to perform any specific activity including accreditation of quality system, environmental system, laboratory system, inspection system and capacity of an individual, legal entity or organization.
The issuance of certificates, inspection, calibration and testing shall have a laboratory or testing center.
Article 66 (New) National Accreditation [Bureau]
National Accreditation [Bureau] is a body that is officially recognized the capacity of individuals, legal entities or organizations in performing testing activities and certification of quality.
The National Accreditation [Bureau] is established by the Ministry of Science and Technology, plays a role to approve, renew, suspend, withdraw or cancel the accreditation of laboratories, conformity assessement body and certification body.
The National Accreditation Bureau consists of relevant sectors including Industry and Commerce Sector, Ministry of Public Health, Ministry of Agriculture and Forestry, Ministry of Public Works and Transportation, Lao National Chamber of Commerce and Industry, individuals and other legal entities that have specific competency.
The National Accreditation Bureau in arreviation is ”LNAB”.
Article 67 (New) Rights and Duties of the National Accreditation Bureau
LNAB has the following rights and duties:
- Provide formal recognition of technical competence in accordance with international accreditation standards, procedures and guidelines to testing and calibration laboratories, quality management certification bodies, inspection bodies and proficiency testing bodies;
- Comply with the international standard ISO/IEC 17011;
- Provide accreditation services for the accreditation of laboratories, certification and inspection bodies in accordance with the appropriate international ISO/IEC standards and guidance documents issued by the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF).
- Develop regulations, instructions and other documents regarding to the conditions for granting and maintaining accreditation;
- Participate actively in regional and international conformity assessment bodies and produce guides and recommendations for conformity assessment procedures in the Lao PDR.
- Enter into negotiations with regional and international accreditation bodies to conclude agreements for the mutual recognition and acceptance of each other's conformity assessment procedures.
- Monitor and inspect accredited laboratories, inspection bodies, conformity assessment and certification bodies in compliance with international standards and practices.
- Suspend, withdraw or cancel the accreditation if violation occurred;
- Coordinate and carry out inter-comparison activities among laboratories within the country.
- Maintain a published State Register of accredited laboratories and certification bodies.
- Provide technical assistance on conformity assessment procedures to the relevant Government authorities at the central and local levels and promote public awareness of conformity assessment;
- Summarize [and] report results of the implementation of its activities to the Ministry of Science and Technology and other relevant authorities on regular basis;
- Implement other rights and duties as defined in the laws and regulations and as assigned by higher level.
Article 68 Testing Centers, Laboratories
To ensure the certification of products [and] goods, it is necessary to establish, improve testing centers, laboratories and provide vehicles, equipment, and qualified personnel.
Testing centers [and] laboratories shall be accredited or recognized by both domestic and foreign concerned accredited body.
The rights and duties of testing laboratories are provided in separate regulations.
Certification
Article 69 (New) Certification Body
Certification Body is an organization established within relevant sectors and shall be approved by the National Accreditation Bureau or Recognized Regional or International Accreditation Bodies.
Organization, activities, rights and duties of the Certification Body are defined in a separate regulation.
Article 70 (New) Certification
Certification as specified in Articles 73 and 74 of this Law shall be carried out by testing and calibration laboratories. Quality management certification, and inspector and proficiency certification, shall be carried out by relevant certification bodies.
All conformity assessment procedures and the issuing of certificates of compliance shall be done on a voluntary basis unless required as mandatory by a technical regulation.
The certification body as defined in Article 69 of this Law shall be directly responsible for ensuring compliance. In the case of non-compliance, the certification body shall suspend, withdraw or cancel the certification. The certified individual, legal entity or organization may appeal this decision to the certification body based on the relevant certification agreement. If unresolved, an appeal can be made to the accreditation body and/or to the courts.
Article 71 Types of Certification
There are two types of certification, as follows:
- Product certification.
- Management system certification.
Each type of certification has its own mark, which is specified in a separate regulation.
Article72 Product Certification
Product certification shall be complied with the procedures and standards as determined by the concerned sectors and parties and in compliance with relevant international principles according to actual conditions and capabilities.
Product certification shall be accomplished by concerned parties as officially assigned.
Products accepted as meeting standards will bear the certification mark.
Article 73 (Revised) Product Certification Mark
The Ministry of Ministry of Science and Technology shall consider the promulgation of the product certification mark based on the proposal of the National Standards Council.
A promulgation of product certification mark will be published in the official gazette.
The Ministry of Ministry of Science and Technology has the right to amend or revoke the promulgated product certifications mark based on the proposal of the National Standards Council.
Article 74 (Revised) Applications for the Product Certification Mark
Suppliers have the right to submit an application to the Ministry of Ministry of Science and Technology for granting of the product certification mark based on the prescribed procedures.
Article 75 (Revised) Use of the Product Certification Mark
Suppliers have the right to use the product certification mark once they are authorized by the Ministry of Science and Technology and their products or goods have met defined standards.
Affixing the product certification mark to products, product labels, containers, packaging products and attachments shall be deemed to have used that certification mark to products.
Advertising in any form that cites the product certification mark as representing that the product or goods comply with standards shall also be deemed to have used that product certification mark.
Article 76 (Revised) Mandatory Product Certification mark
The Ministry of Ministry of Science and Technology shall issue a regulation on mandatory certification mark for products that have strategic characteristics that are related to public security, safety, hygiene, health, environment and goods that are on sensitive list in coordination with the concerned agencies and parties and the National Standards Council.
The use of mandatory product certification mark will become effective ninety days after the day such regulation is promulgated. Such notification announcement shall be published in the official gazette and official journals.
The use of mandatory product certification mark may be amended or revoked.
Article 77 (Revised) Objection Against Contents of Regulations on the Use of Mandatory Product Certification Mark
Suppliers who disagree with the mandatory product certification mark have the right to object by appealing to the Ministry of Ministry of Science and Technology for consideration and resolution. If the complainant disagrees with the resolution offered by that authority, the matter may be referred to the courts for consideration according to the laws and regulations.
Article 78 Certification of Management System
Certification of management system is the recognition of concerned sectors and parties on the systematic activities for the supervision, follow up, control and inspection of processes of suppliers in order to achieve quality and efficiency.
Article 79 Procedures for Management System Certification
Each type of management system certification shall be complied according to the procedures issued by the agencies and parties concerned, in accordance with regional or international standards.
Article 80 Agencies Issuing Management System Certificates
Relevant sectors and parties that grant management system certificates in the Lao PDR shall be accredited by an accreditation body recognized internationally or regionally to ensure the competency in issuing management system certificates in each period.
Article 81 (Revised) Application for Permit to Certify Management System
Individuals, legal entities or organizations desiring to obtain each management system certification permit shall submit an application to the Ministry of Ministry of Science and Technology or other sectors and parties to consider the issuance of a permit according to the defined procedures
Article 82 (Revised) Management System Certification Mark
The management system certification mark is a symbol used as evidence for certification of management system as specified in Article 71 of this Law.
The Science and Technology Sector or other concerned sectors and parties that grants certificates shall determine each type of the management system certification mark. Marks shall be submitted to the National Standards Council for comments before they are used officially.
Article 83 Types of System Certification Marks
Management system certification marks are divided into the following types:
- The food safety system certification mark.
- The quality system certification mark.
- The environmental system certification mark.
- Other system certification mark.
Article 84 (Revised) Promulgation of Management System Certification Mark
Sectors and other parties that issue different types of management system certification mark are responsible for the promulgation of such marks once approval is granted by the Ministry of Science and Technology.
The promulgation of each type of management system certification mark shall be post on the official website and published on the official gazette.
Management system certification marks that have already been promulgated may be amended or revoked by the relevant sectors and parties upon approval of Ministry of Science and Technology.
The marks that are used for management system certification is not identical or similar with any trademarks registered for goods or services.
Article 85 Use of Management System Certification Mark Permit
Permit holder is eligible to use each management system certification mark only if they are authorized.
Article 86 (Revised) Affixing Management System Certification Marks
Affixing a management system certification mark on containers, packaging, product [and] goods labels, all kinds of advertisements may be done only if it is authorized by the Ministry of Science and Technology.
Every direct or indirect reference to a management system certification mark to indicate that products or goods sold conform to the standards shall be deemed to have used that an instance of affixing the system certification mark.
Suspension, Withdrawal or Revocation of Certificates
Article 87 (Revised) Suspension, Withdrawal or Revocation of Certificates
The National Standards Council has the right to consider and propose to the Ministry of Science and Technology or other concerned sectors and parties to suspend, withdraw or revoke a certificate under their scope of responsibilities if it finds an evidence of violation of the intent or conditions of the use of such certificate.
Article 88 Conditions for Suspension of Certificates
Conditions for the suspension of a certificate are:
- Products, goods, services, processes and environmental practices are not in compliance with the defined standards and technical regulations;
- Changing of a name and allowing other to use the certificate without a permission.
- Other acts that violate the laws and regulations related to certificates.
Article 89 Conditions for Withdrawal or Revocation of Certificates
Conditions for the withdrawal or revocation of a certificate are:
- Products, goods, services, processes and environmental practices have caused serious detrimental effects.
- Forgery of a certificate.
- Failure to make changes following a suspension.
- Other practices that are serious violations of the laws and regulations on certificates.
Article 90 (Revised) Objection of Suspension, Withdrawal or Revocation of Certificates
The owner [of a certificate] has the right to object the suspension, withdrawal or revocation of a certificate by submitting the objection letter to the Ministry of Science and Technology, relevant sectors and other parties that issued the certificates for consideration.
The organization receiving such objection shall consider the matter within thirty days from the date of receiving such objection letter. If the objecting party does not satisfy with the decision made, the matter may be referred to the court for consideration according to the laws and regulations.
Rights and Obligations of Suppliers and Consumers
Rights and Obligations of Suppliers
Article 91 (Revised) Rights of Suppliers
Suppliers have the following rights:
- To operate activities in production, trade and service related to standardization;
- To use the certificates as authorized by regulation;
- To advertise the quality of the products, goods and services have been certified to conform to applicable standards;
- To transfer its certificate to another party as permitted by the Ministry of Science and Technology or sectors and others concerned parties.
- To appeal to relevant parties to protect their rights and interests.
- To exercise other rights as specified in the laws and regulations.
Article 92 Obligations of Suppliers
Suppliers have the following obligations:
- To ensure that their production, products, goods, distribution, trade and services including production and service sites are in good quality and safe according to the defined standards and to protect the environment;
- To reasonably set prices of products, goods [and] services according to the laws and regulations;
- To implement other obligations as defined in the laws and regulations.
Rights and Obligations of Consumers
Article 93 Rights of Consumers
Consumers have the following rights:
- To choose quality products, goods and services according to their needs;
- To receive information on the quality, prices and instruction on the use of goods and services;
- To be guaranteed safe, health, and environmentally sound products, goods, and services;
- To advise, warn suppliers when it is found that products, goods and services do not comply with standards, technical regulations and affect the environment;
- To complain to the relevant sector or bodies about products, goods and services that does not meet quality and standards.
- To notify or report information on the violations of standards, technical regulations and environmental that is found.
- To participate in activities of standardization such as the development of standards, laws and regulations and the improvement of quality of products, goods, and services.
- To exercise other rights as specified in the laws and regulations.
Article 94 Obligations of Consumers
Consumers have the following obligations:
- To participate in consumer organizations to protect their legitimate rights and interests.
- Not to create pollution to the environment through the use of products, goods and to participate in environmental protection processes.
- To perform other obligations as specified under the laws and regulations.
Prohibitions
Article 95 (Revised) Prohibitions for Suppliers
Suppliers are prohibited to:
- Use a certification mark without permission.
- Use a mark that is identical with a registered trademark.
- Use a certification mark to register as a trademark.
- Use the words "Lao Standard" or similar words and symbols to cause confusion with the symbols of Lao Standards without permission.
- Register a trademark using the word "Standard" without permission.
- Cause pollution to the environment.
- Use violence, threatening, obstruction the implementation of duties and give bribes to officials of the standard management and inspection authority;
- Exaggeratedly advertise its products, goods and services;
- Engage in other actions that violate the laws and regulations.
Article 96 Prohibitions for Consumers
Consumers are forbidden to:
- Promote products, goods and services that are deficient in quality and are deceptive;
- Defame or act in a way that causes damages to a supplier;
- Cause pollution to the environment;
- Engage in other actions that violate the laws and regulations.
Article 97 Prohibitions for Officials Engaged in Standardization Activities
Officials engaged in standardization activities are forbidden to:
- Be forsaking in their duties and responsibilities.
- Perform their duties without justice or bias to any individual or organization.
- Ask for, claim for [and] receive bribes, or abuse their positions or duties for the benefits for themselves, their families or relatives;
- Falsify documents;
- Engage in other actions that violate the laws and regulations.
Article 98 Prohibitions for Individuals, Legal Entities and Other Organizations
Individuals, legal entities and other organizations are forbidden to:
- Abuse the activities of standardization to create obstacles, interfere the activities of suppliers.
- Help [and] protect suppliers who violate the laws and regulations.
- Hide [and] conceal actions by suppliers that are in violation of the laws and regulations.
- Use violence, threaten, obstruct the performance of duties of officials or give bribes to officials in charge of standardization activities;
- Act as a conductor to give and receive bribes from a supplier.
- Engage in any other actions that violate the laws and regulations.
Article 99 Principles of Dispute Resolution
The resolution of a standardization dispute shall be carried out in accordance with the following principles:
- Equality;
- Fairness, transparent [and] accountability;
- Promptness, accuracy and in conformance with the laws and regulations.
Article 100 Forms of Dispute Resolution
Any standardization dispute may be resolved in any of the following forms:
- Compromise and mediation;
- Dispute resolution by the administration;
- Dispute resolution by the Economic Dispute Resolution Authority;
- Suing the People’s Court;
- International dispute resolution.
Article 101 Compromise Reconciliation
In the event of a dispute involving standardization, the disputing parties shall make every effort to resolve the dispute through discussion, compromise and reconciliation in order to bring the dispute to an end.
Article 102 Resolution of Administrative Disputes
In the event of a dispute involving standardization, the disputing parties are eligible to propose to the relevant sector to resolve the dispute according to its responsibility.
Article 103 Resolution by Economic Dispute Resolution Authority
Where an economic dispute involving standardization occurred, the parties may attempt to resolve it by the economic dispute resolution authority as defined in the Law on Economic Dispute Resolution upon mutual agreement.
Article 104 Suing to the People’s Court
When a dispute regarding standardization occurred, the parties may sue such dispute to the People’s Court for final decision according to the laws and regulations.
Article 105 International Dispute Resolution
When an international dispute regarding to standardization occurred, such dispute shall be based on the domestic laws or international agreements or treaties to which Lao PDR is a party.
Part XI
Management and Inspection of Standardization
Chapter 1
Management of Standardization
Article 106 (Revised) Organizations for Management of Standardization
The government shall maintain centralized, uniform management of standardization by designating the Ministry of Science and Technology to directly coordinate with all concerned sectors, such as natural resource and environment, energy and mines, public health, industry and commerce, public works and transportation, agriculture and forestry, information, culture and tourism, finance, education and sports and other sectors and relevant local authorities to implement standardization activities.
Organizations managing standardization activities include:
- The Ministry of Science and Technology.
- Provincial [and] Capital Science and Technology Departments;
- District [and] Municipal Science and Technology Offices
If necessary, units of science and technology may be established at village level as well.
Article 107 (Revised) Rights and Duties of the Ministry of Science and Technology
In the management of standardization, the Ministry of Science and Technology has the following rights and duties:
- To research strategies, policy plans, laws and regulations and plans relating to standardization in order to propose to the government for consideration;
- To issue regulations, decisions, orders and instructions on standardization;
- To build technical infrastructure for testing and quality certification;
- To manage, conduct market surveillance of products and goods in the markets, shopping centers to ensure justice for consumers and the compliance with the laws and regulations;
- To establish database, information management system, disseminate information for public awareness on standardization;
- To supervise the implementation of standardization throughout the country;
- To organize registration and provide services relating to standardization.
- To issue, suspend or withdraw the certificates relating to standardization;
- To consider and resolve appeals relating to standardization;.
- To strengthen capacity building for public and private employees on standardization.
- To coordinate with concerned sectors and local authorities for the implementation and management of standardization.
- To carry out international relations and cooperate on standardization.
- To summarize [and] report regularly to the government on the implementation of standardization.
- To exercise and perform other rights and duties relating to standardization as provided by the laws and regulations.
Article 108 (Revised) Rights and Duties of Provincial and Capital Science and Technology Department
In the management of standardization, the Provincial and Capital Science and Technology Departments have the following rights and duties:
- To implement the policy plan, regulations and plans on standardization of the Ministry of Science and Technology into its regulations and plans and implement them.
- To issue rules, decisions, orders and instructions on standardization in their own provinces;
- To develop technical infrastructure for testing and quality certification as assigned;
- To establish an information system, disseminate [information] in order to raise public awareness on standardization within their own province.
- To manage, conduct market surveillance of products and goods in the markets, shopping centers to ensure justice for consumers and the compliance with the laws and regulations;
- To issue, suspend or withdraw the certificates relating to standardization under their jurisdiction;
- To consider and resolve appeals relating to standardization under their jurisdiction;
- To propose capacity building for public and private employees on standardization.
- To coordinate with other relevant sectors and parties in their own province for the management of standardization.
- To carry out international relations and cooperate on standardization as designated;
- To summarize [and] report regularly to the provincial [and] Capital authority and the Ministry of Science and Technology on the implementation of standardization.
- To exercise and perform other rights and duties relating to standardization as provided by the laws and regulations.
Article 109 (New) Rights and Duties of District [and] Municipal Science and Technology Office
In the management of standardization, the district and municipal science and technology offices have the following rights and duties:
- To implement the plans, projects, decisions, orders, instructions of higher level on standardization;
- To disseminate laws and regulations on standardization;
- To manage, monitor the implementation of standardization activities;
- To provide information, to propose the development of technical infrastructure on standardization.
- To propose capacity building for public and private employees on standardization.
- To manage, conduct market surveillance of products and goods in the markets, shopping centers to ensure justice for consumers and the compliance with the laws and regulations;
- To consider and resolve appeals related to standardization;
- To coordinate with other relevant parties in the management of products and goods, if necessary;
- To evaluate, summarize and report on the implementation of standardization activities to higher level on regular basis;
- To exercise and perform other rights and duties as provided by the laws and regulations.
Article 110 Rights and Duties of Other Concerned parties
Other concerned sectors and parties such as education and sports, public health, industry and commerce, public works and transportation, agriculture and forestry, public information, culture and tourism, finance, natural resource and environment, energy and mines and local authorities have the rights and duties to coordinate and cooperate with Science and Technology Sector in managing standardization activities effectively according to their roles and responsibilities.
Chapter 2
Standardization Inspection
Article 111 (Revised) Standardization Inspection Authority
The Standardization Inspection Authority consists of:
- Internal Inspection Authority, which is the same authority for the standardization management authority as defined in Article 106 of this Law;
- External Inspection Authorities include the National Assembly, the Government Inspection and Anti-Corruption Agency, the State Audit Agency, Lao Front for National Construction, mass organizations, civil society, mass media and people.
Article 112 Rights and Duties of the Internal Inspection Authority
The Internal Inspection Authority has the following rights and duties:
- Inspect the implementation of the policies and regulations on standardization;
- Inspect the quality of domestic products [and] goods and imported goods that are circulated in the markets, distribution sites, shops, warehouses and production sites;
- Collect samples of products or goods or materials used in the production, business operations, trade, services and other materials for the inspection;
- Inspect the sites, buildings related to the production, processing or the improvement of products and goods;
- Examine the documents including certificates related to the management of quality of products, goods that are circulated, imported and exported;
- Investigate individuals or organizations at the production sites, service sties, trading sites and others on the quality of the products, goods, services and environment;
- Conduct administrative inspection for the follow up and evaluate the implementation of the laws and regulations, decisions, orders, instructions to ensure the conformity with the standards and technical regulations;
- Carry out the inspection as assigned and according to the defined laws and regulations.
Article 113 Rights and Duties of External Inspection Authorities
External Inspection Authorities have the rights and duties to inspect the implementation of standardization activities according to their areas of responsibility.
Article 114 Types of Inspection
There are three types of standardization inspections:
- A regular planned inspection;
- An unscheduled inspection with advance notice;
- An unscheduled or urgent inspection.
A regular inspection is an inspection that is carried out on a regular basis and at a specified, planned time.
An unscheduled inspection following an advance notice is an inspection performed outside the plan when deemed necessary [and] with advance notice to the one who is to be inspected.
An unscheduled or urgent inspection is an urgent inspection without advance notice to the one who is to be inspected.
The inspection shall strictly follow the laws and regulations.
Part XII
Awards towards Good Performers and Sanctions Against Violators
Article 115 Awards towards Good Performers
Individuals, legal entities or organizations which have remarkable accomplishment in implementing this Law shall be awarded or receive other incentives according to the regulations.
Article 116 Sanctions against Violators
Individuals, legal entities or organizations violating the Law and regulations on standardization shall be warned, educated, taken disciplinary actions, fined, shall pay for civil damages, or face criminal actions according to the severity of the case, as provided by Law.
Article 117 (Revised) Education Measures
Individuals, legal entities or organizations violating the Law on Standardization for the first offence unintentionally and cause minor damages of the value less than 500,000 kip shall be warned and educated.
Article 118 (Revised) Disciplinary Measures
Staff and officials violating the Law on Standardization and prohibitions and where the offense is minor, not criminal and where the resulting less damages, but dishonest report and avoids the offense shall be taken disciplinary action according to the following cases:
- Censure, warning under the Rule on Civil Servants and will have a record made in their biographical file;
- Dismissal or transfer to other duties with a lower position;
- Dismissal from the civil service without any benefit.
The offender must return all properties gained illegally to the organization.
Individuals, legal entities or organizations committing a second, non-criminal offence under this law either intentionally or through carelessness shall be fined at twice the value of the damage.
Individuals, legal entities or organizations that cause damages to others due to their production, importation, exportation, service provision, storage and distribution of products or goods with no quality, over expiry dates, not compliance with the standards and other civil violation shall pay compensation in the amount of the actual value of such damage.
Article 121 (Revised) Criminal Measures
Individuals that forge, lie and deceive with regards to the quality of products, goods, services or environment, which causes damages to others, shall be punished, imprisoned from three months to two years and fined from 500,000 kip to 5,000,000 kip.
In case such violation causes others seriously injured, disabled or to death, shall be imprisoned from three years to ten years and fined from 5,000,000 kip to 15,000,000 kip.
In case it causes many people to death, shall be imprisoned from five to twenty years or life imprisoned and fined from 15,000,000 kip to 30,000000.
In case of other actions that are a penal conviction shall be punished according to the Penal Law.
Article 122 Supplementary Measures
In addition to the main punishments specified in Article 121 of this Law, the offender shall also be subject to supplementary measures, such as suspension, withdrawal or revocation of certification, and confiscation of equipment, which shall become state property.
The Government of the Lao People's Democratic Republic shall implement this Law.
This Law shall come into force from the date the President of the Lao People's Democratic Republic issues a Promulgation Decree and fifteen days after published on the Official Gazette.
This Law replaces the Law on Standardization No.13/NA, dated 26 December 2007.
All regulations and provisions that contravene this Law are declared null and void.
President of the National Assembly
(Signed and sealed)
Pany Yathortou
# | Title | Download |
---|---|---|
1 | Standard Law (Amended) No. 49/NA, dated 18th July 2014. | |
2 | ກົດໝາຍ ວ່າດ້ວຍ ມາດຕະຖານ (ສະບັບປັບປຸງ) ເລກທີ 49/ສພຊ, ລົງວັນທີ 18 ກໍລະກົດ 2014 |
# | Name | Type | Agency | Description | Law | Valid To | Apply To |
---|---|---|---|---|---|---|---|
1 | National Standard for Diesel | TBT | Ministry of Industry and Commerce | Standard for Diesel (LS 07-2016) | 9999-12-31 | ALL | |
2 | National Standard for Gasoline | TBT | Ministry of Industry and Commerce | Standard for Gasoline (LS 06-2016) | 9999-12-31 | ALL | |
3 | National Standard for Mulberry Tea | National Standard | Ministry of Science and Technology | National Standard for Mulberry Tea | 9999-12-31 | ALL | |
4 | National Standard for Cold Formed Structural Steel Sections | National Standard | Ministry of Science and Technology | National Standard for Cold Formed Structural Steel Sections | 9999-12-31 | ALL |
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