Table of Contents

 

 

Part 1 General Provision

Article 1: Objectives.

Article 2: Issuance of Electronic Certificate of Origin

Article 3: Scope of application

Part 2 Conditions and Procedures

Article 4: Qualifications of e-CO applicants

Article 5: Procedures of e-CO issuance

Article 6: Registration for right to apply for e-CO issuance.

Article 7: Process of e-CO issuance

Article 8: Consideration of e-CO issuance

Part 3 Rights and obligations of e-CO applicant

Article 9: Rights of e-CO applicant

Article 10: Obligations of e-CO applicantPart 4 Prohibitions

Article 11: Prohibitions for e-CO applicant

Article 12: Prohibitions for e-CO authorized official

Part 5 The e-CO Management Office

Article 13: e-CO management office

Article 14: Rights and responsibilities of the e-CO management office.

Part 6 Policies toward Persons with outstanding performance and measures against Violators

Article 16: Measures against violators

Part 7 Final Provision

Article 17: the enforcement

Article 18: effectiveness

 

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(Unofficial translation)

 

LAO PEOPLE’S DEMOCRATIC REPLUBIC
PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY

Ministry of Industry and Commerce                                  No.0369/MoIC.DIMEX
Vientiane Capital, dated on 26 February 2016

Decision on
The issuance of Electronic Certificate of Origin

-          Pursuant to the Prime Minister’s Decree on the Organization and Activities of the Ministry of Industry and Commerce no. 552/PM, Dated 23 December 2011.
-          Pursuant to the Prime Minister’s Decree on the Origin of Import and Export Goods No. 228/PM, dated 22 April 2010.

The Minister of Industry and Commerce issues a decision as follows:

Part 1
General Provision

Article 1: Objectives.

This Decision is to determine the regulations and measures on the issuance of Electronic Certificate of Origin to facilitate Export businesses in order to benefit from trade preferences and to ensure the consistent implementation of local and international regulations and procedures.

Article 2: Issuance of Electronic Certificate of Origin

The abbreviation of the issuance of Electronic Certificate of Origin is e-CO which is an electronic form of document declaration required for issuance of Preferential Certificate of Origin.

Article 3: Scope of application

This decision is applied to persons, individuals requesting for an e-CO in Lao PDR.

Part 2
Conditions and Procedures

Article 4: Qualifications of e-CO applicants

e-CO applicants shall comply with the conditions as follows:

1.      A legal manufacturer or exporter as defined in laws and regulations of Lao PDR;

2.       Have a good antecedent in complying with the regulations and procedures for issuance of CO;

Article 5: Procedures of e-CO issuance

The procedure of issuing e-CO shall be as below:

1.      Submit document defined in article 6 of this decision to the e-CO management office to register for being an authorized e-CO applicant;

2.      Submit documents defined in article 7 of this decision to the e-CO management office.

Article 6: Registration for right to apply for e-CO issuance.

In order to register for a right to apply for e-CO issuance, the business shall electronically submit related documents to the e-CO management office via www.ecolao.gov.la

Documents to be submitted to the e-CO management office are as follows:

1.      Duly filled registration form as defined in the e-CO system;

2.      Copy of business license, Certificate of annual custom payment, notification letter on sample of signature and stamps; and a notification letter on the annual export capacity of the company. All documents shall be in PDF files.

Article 7: Process of e-CO issuance

After being certified an authorized e-CO applicant, the applicant can electronically submit all related document to the e-CO management office via www.ecolao.gov.la in order to request for the e-CO issuance of the export with the following documents attached:

1.      Duly fill information in the form defined in e-CO system;

2.      Copy of invoice and packing list, a detailed customs declaration and transport bill. All documents shall be in PDF files.

After receiving an electronic confirmation letter from the system, the applicant shall print out the e-CO form in order to sign and stamp on the form; then submit the original form to e-CO issuing body.

Article 8: Consideration of e-CO issuance

The e-CO issuance shall be implemented as follows:

1.      After receiving the applicant form with related documents, the e-CO issuing body shall certify the application form and notify the applicant immediately or not later than one working day. In case the application form is not accurate, the issuing body shall notify and advice the applicant to ensure the form is completely and appropriately filled before resubmitting to e-CO issuing body.

2.      After receiving a set of original documents with signature and a seal of a company, the e-CO issuing body shall issue an e-CO immediately or not later than 1 working day.

Part 3
Rights and obligations of e-CO applicant

Article 9: Rights of e-CO applicant

The e-CO applicant has rights as follows:

1.      Register for a right to apply for e-CO issuance;

2.      Select the methods of issuing Certificate of Origin, electronically or manually.

3.      Have other rights as defined in laws and regulations.

Article 10: Obligations of e-CO applicant

The e-CO applicant has obligations as follows:

1.      Ensure that the information signed and provided electronically for e-CO issuance  is correct, consistent and clear;

2.      Copy and keep a set of e-CO issuance documents for at least 3 years from the date of issuance;

3.      Provide information to e-CO management office as required;

4.      Pay fees and service charges as defined in the laws and regulations;

5.      Implement other obligations as defined in laws and regulations.

Part 4
Prohibitions

Article 11: Prohibitions for e-CO applicant

The e-CO applicant is prohibited to act as below:

1.      Create forged documents or declare incorrect information;

2.      Smuggle products with no origin status to certify for Certificate of Origin;

3.      Act against laws and regulations.

Article 12: Prohibitions for e-CO authorized official

The e-CO authorized official is prohibited to act as below:

1.      Restrain documents, take advantages of the responsibilities assigned in order to benefit himself, his family and groups;

2.      Conspire with e-CO applicants to create forged documents;

3.      Act against laws and regulations.

Part 5
The e-CO Management Office

Article 13: e-CO management office

The e-CO management office is the Department of Import and Export, Ministry of Industry and Commerce in cooperation with other related agencies in order to manage and implement e-CO related activities.

Article 14: Rights and responsibilities of the e-CO management office.

        The e-CO management office has the rights and responsibilities as below:

1.      Select and advise qualified companies to register for a right to apply for e-CO issuance;

2.      Conduct research and consider the issuance, stoppage or removal of the certificate of origin;

3.      Provide e-CO issuance trainings to related officials;

4.      Develop and manage e-CO system, collect suggestions from companies and individuals to fix errors to ensure the effectiveness of the system;

5.      Point out inappropriate functions of the system that  impedes e-CO issuance to ensure that the issues will be resolved immediately;

6.      Summarize and report about the e-CO issuance to the management of the Ministry of Industry and Commerce. 

Part 6
Policies toward Persons with outstanding performance and measures against Violators

Article 15: Policies toward Persons with outstanding performance

         Persons, individuals or organizations that have outstanding performance in implementing this decision shall be commended and bestowed with other forms of recognition in accordance with the performance.

Article 16: Measures against violators

            Persons, individuals or organizations committing offenses under this decision shall be warned, re-educated and disciplined, which may include removal of Certificate of Origin, suspension or ceasing of their business and that they may also face with civil fines or criminal penalties according to the degree of offence.

Part 7
Final Provision

Article 17: the enforcement

The Department of Import and Export cooperates with related agencies to implement this regulation effectively.

Article 18: effectiveness

This decision comes into force from the date of signature and after 15 days of publication in the Lao Official Gazette.

Minister of Industry and Commerce

(Signed and seal)

Mrs. Khemmani Pholsena

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