Lao People’s Democratic Republic
Peace Independence Democracy Unity Prosperity
Ministry of Technology and Communication
No. 3583/MTC
Vientiane Capital, 13 December 2022
Decision
On the Management of Telecommunication and ICT Equipment
- Pursuant to the Law on Radio Frequency No. 17/NA, dated 05 May 2017;
- Pursuant to the Law on Telecommunication (Amended) No. 05/NA, dated 16 November 2021;
- Pursuant to the Law on Standardization (Amended) No. 49/NA, dated 18 July 2014;
- Pursuant to the Decree on Organization and Function of Ministry of Technology and Communication No. 625/PM, dated 22 October 2021;
- Pursuant to the Proposal of Radio Frequency Department No. 0564/DRF, dated 17 October 2022.
Minister of Ministry of Technology and Communication Issues the Decision:
Chapter 1
General Provisions
Article 1: Objectives
This Decision determines the principles, regulations, and measures regards to the management of telecommunication and ICT equipment that being produced, imported, exported, used, and distributed in the Lao PDR to effectively and efficiently achieve in management and to ensure the quality, standard, security, and safety of society, protecting legitimate rights and benefits of telecommunication and ICT equipment users and be able to contribute to the National Social-Economic Development.
Article 2: Management of Telecommunication and ICT Equipment
The management of telecommunications and ICT equipment is included inspection, type approval, conformity notifications, and the use of technical standards label to ensure that the telecommunications and ICT equipment complies with the technical standards established by the Ministry of Technology and Communications before being manufactured, imported, exported, used and distributed within the Lao PDR.
Article 3: Definitions
1. Technical Standards means the official documents issued by an organization, country or group of countries that determine the specific technical features and conditions, methods and operating procedures of equipment or communication systems that are applicable for those defined areas;
2. Telecommunication and ICT equipment, hereafter referred to as "equipment" means the equipment or hardware that is connected to the communication system, whether or not it uses radio frequency such as Terrestrial equipment, Satellite equipment, Core network, Transmission network, Radio network, Radio frequency, Base station, Antenna, Telephone, Tablets, TV receivers, VSAT, equipment used to interconnect with the telecommunication network, and including other associated equipment existed in the Agreement that Laos being a membership such as the MRA
3. ICT means the Information Communication Technology to serves information as an electronic system, calculation, ranking, storage and exchange of information through the communication networks such as computers, telephones, communication devices, broadcasting devices, television, networks and other electronic devices including other regarded services.
4. MRA (Mutual Recognition Arrangement/Agreement on Conformity Assessment) means the agreement among countries to recognize each other regard to the procedures, methods and results of technical conformity assessment of the telecommunications and ICT equipment such as: the Mutual Recognition Agreement of the Association of Southeast Asian Nations (ASEAN) in 2002, the Mutual Recognition Agreement of the Asia-Pacific Cooperation Organization (APEC) in 1998;
5. Protocol means the determination for communication between equipment in the network, which is considered to be the communication language of devices to be able to communicate and connect with each other, whether the device has a different brand, types or version. There are many kinds of protocol such as TCP/IP, HTTP, SMTP, FTP, SIP, BICC, SIGTRAN, SS7 and others;
6. Radio Regulations means the rule of using the international radio frequency that defined by the International Telecommunication Union (ITU);
7. International Telecommunication Union means an international specialized agency that responsible for international treaties in managing and defining technical regulation for ICT and Telecommunications;
Article 4: Principles Management of Telecommunications and ICT Equipment
Management of Telecommunications and ICT equipment shall be complied with the following principles:
1) Conform with the strategies, policies, laws, national socio-economic development plans, and other relevant regulations;
2) Utilize natural resources in an efficiently, effectively, economically, and environmentally friendly manner;
3) Ensure national stability, security, peace, and confidentiality of the governments, individuals, legal entities, and organizations;
4) Ensure compliance with technical regulation of equipment to guarantee safety for humans and environment;
5) Ensure network connectivity in telecommunications aligns with international technical standards;
6) Protect the lawful rights and benefits of equipment users;
7) In accordance with treaties and other international agreements to which Laos belongs to.
Article 5: Scope of Usage
This Decision applies to all individuals, legal entities or both domestic and international organizations that produce, import, export, and distribute telecommunications and ICT equipment in the Lao PDR.
Chapter 2
Types of Telecommunications and ICT equipment
Article 6: Types of Equipment
Telecommunications and ICT equipment is divided into two types as follows:
1. Type 1: equipment that requires both technical standards certification and notifications of conformity;
2. Type 2: equipment that only requires notifications of conformity.
Article 7: Type 1 Equipment
Individuals, legal entities or both domestic and foreign organizations that produce, import, export, utilize, and distribute type 1 equipment must apply for Technical Standards Certificate , notification compliance with technical standards and must also use regulation label set by the Ministry of Technology and Communications. Type 1 equipment is specified in Annex 5.
Article 8: Type 2 Equipment
Individuals, legal entities or both domestic and foreign organizations that produce, import, export, utilize, and distribute type 2 equipment must notify compliance with technical standards and need to use technical standards label that set by the Ministry of Technology and Communications. Type 2 equipment is specified in Annex 6.
Article 9: Radio Frequency Equipment
Radio frequency equipment that can spread electromagnetic are divided into 3 types as follows:
1. Radio frequency equipment that are used closing to the user’s body or head within a standard operating position less than 20 cm, such as mobile phones and tablets. The equipment must be certified for the safety technical regulations regarding the energy Specific Absorption Rate (SAR) set by the Ministry of Technology and Communications;
2. Radio frequency equipment that are used closing to the user’s body or head within a standard operating position more than 20 cm, such as vehicle tracker with GPS that can receive and transmit data through mobile phone networks, RFID, and Rader installed on car. The equipment must be certified for the technical regulation on the strength of the Electromagnetic Field (EMF) set by the Ministry of Technology and Communications;
3. Radio frequency equipment that can cover wide areas, such as mobile phone base stations, radio, and television broadcasting stations. The equipment must be certified for the technical regulation on the strength of the Electromagnetic Field (EMF) set by the Ministry of Technology and Communications.
Chapter 3
Technical Standards Inspection and Laboratories
Article 10: Technical Standards Inspection
Technical standards inspection for telecommunications and ICT equipment means the inspection of a sample or a specific model or type of equipment. The applicant may send a sample to the technical regulatory inspection authority for inspection and the samples can be considered as representative of other equipment of the same model or type and intended to manufacture, import, and export.
Inspection of technical standards means the inspection of technical parameters within the laboratory that established by the Ministry of Technology and Communication.
Telecommunications and ICT equipment must be inspected before being manufactured, imported, exported, used, and distributed in the Lao PDR.
Article 11: Technical Standards Inspection Types
The types of Technical Standards Inspection are divided into 6 main types as follows:
1. Inspection of Radio Frequency (RF);
2. Inspection of Electromagnetic Compatibility (EMC);
3. Inspection of Electromagnetic Field (EMF);
4. Inspection of Specific Absorption Rate (SAR);
5. Inspection of Connection;
6. Inspection of Electric Safety.
Article 12: Inspection of Radio Frequency
Inspection of Radio Frequency usage of equipment means the inspection of radio frequency, such as transmission power and other technical parameters to ensure the use of the radio frequency is effective, efficiency, and free from spurious emissions and not spreading emissions out of band, in compliance with the authorization and the law on radio frequencies, the national plan for radio frequencies, and international principles of radio frequency.
Article 13: Inspection of Electromagnetic Compatibility
Inspection of Electromagnetic Compatibility means an inspection of technical parameters on the spreading level of electromagnetic power from the equipment, which must ensure that it does not cause signal interference or disrupt operation of other electronic equipment. Additionally, to assess the equipment's resistance to interfere from the operation of nearby equipment.
Article 14: Inspection of Electromagnetic Field
Inspection of Electromagnetic Field means the inspection of spreading of radio frequency emissions into the air from a based station to ensure compliance with technical regulations related to safety standards that defined in separated regulation by the Ministry of Technology and Communication. Additionally, it is an inspection of technical parameters, such as Electric Field (E), Magnetic Field (H), Power Density (S), and others.
Article 15: Inspection of Specific Absorption Rate
Inspection of Specific Absorption Rate means the inspection of technical parameters of energy absorption rate in specific areas of the user’s body, such as head, torso, and limbs, while using radio frequency transmission equipment. This inspection ensures compliance with safety standards that set in separated regulation by the Ministry of Technology and Communication.
Article 16: Inspection of Connection
Inspection of Connection mean the technical features inspection related to the connectivity protocol of telecommunication network such as Core networks, Radio networks, and Transmission networks. This inspection ensures that the equipment can connect with communication network of the Lao PDR without any causing harmful to other networks.
Article 17: Inspection of Electric Safety
Inspection of Electrical Safety means the technical parameters, such as Leakage currents that ensure safe and reliable escape from injury or death of equipment users
Article 18: Laboratories
Laboratories are the technical testing facilities based either in Laos or abroad that have the capability to assess the specifications and technical parameters of equipment as the technical principles and standards set by the Ministry of Technology and Communications. There are 2 types of testing laboratories as follows:
1. Designation Lab: A domestic testing lab within Laos that the Ministry of Technology and Communications has designated to conduct inspection of technical parameters of equipment before being produced, imported, exported, used, and distributed in the Lao PDR.
2. Recognition Lab: An international testing lab that the Ministry of Technology and Communications recognizes and accept the technical parameters inspection results of equipment before being produced, imported, exported, used, and distributed in the Lao PDR.
Chapter 4
Technical Standard Certifications, Applicants, and
Technical Standards Label
Article 19: Technical Standard Certifications
Technical Standard Certifications means the procedure of issuing certificates, notification of conformity, and the use of regulation label to certify that telecommunication and ICT equipment complies with technical standards and to ensures the quality, safety, connectivity, data privacy, and benefits protection of users.
Article 20: Procedures of Technical Standards Certifications
After all equipment have undergone technical standards inspection, the Ministry of Technology and Telecommunication proceed approval certificate in follow 3 steps:
1. Issue a Technical Standards Certificate;
2. Notify a Notifications of Conformity;
3. Using a Technical Regulation Lebel
Article 21: Applicant for Technical Standards Certifications
Applicants apply for technical standards certificate must be Lao citizen, or legal entities and either domestic or foreign organizations that conduct or establish business complies with the laws in the Lao PDR.
In case, the applicant apply for approval certificate is a foreign entity and located in abroad must appoint a representative who is either a Lao individual or a legal entity that operating business in compliance with laws and regulations of the Lao PDR to submit the application forms instead.
Article 22: Technical Regulation Lebel
The technical standards label means an indicated symbol that equipment has certified with the technical standard defined by the Ministry of Technology and Communications.
The Ministry of Technology and Communications is responsible for issuing and offering label to the applicants as a mount of their registered and notified equipment.
The Ministry of Technology and Communications issues separated regulations for the technical standards label to comply with the technical management of telecommunications and ICT equipment in each period.
Chapter 5
Technical Standards Certificates, Conformity Notifications, and Exemptions
Article 23: Technical Standards Certificates
The Technical Standards Certificates for equipment has a maximum validity of 3 years. If the certificate expired, the certificate holder may apply for re-certification within 30 days before the expiration date. The form of approval certificate is specified in annex 2.
The technical regulatory authority is responsible for issuing equipment certificates by considering the right of inspection results comply with the technical standards set in each period. In case, the equipment that intended to manufacture, import, and use in the Lao PDR is the radio frequency equipment, the regulatory authority may consider and issue the certificate based on the national and specific radio frequency development plans, laws, and regulations in each period.
Article 24: Consideration of Issuing Technical Standards Certificate
The procedures for considering and issuing the Technical Standards Certificate are defined as follows:
1. The applicant applies to the Ministry of Technology and Communications with all required documents;
2. The Ministry of Technology and Communications certifies the document based on the results of the technical inspection and issues the Technical Standards Certificate within 10 working days, counting from the date of receipt of document;
3. In case, the Technical Standards Certificate cannot be issued within the specified time period, the Ministry of Technology and Communications will notify the reasons and issued period to the applicants within 10 working days, counting from the date of receipt of document.
Article 25: Documents Required for Technical Standards Certificate
The documents required applying for the Technical Standards Certificate are as follows:
1. Application forms for the Technical Standards Certificate (specified in Annex 1);
2. Technical Inspection reports from a laboratory designated or approved by the Ministry of Technology and Communications;
3. Copy of the laboratory’s accreditation certificate;
4. Inspection report of SAR or EMF (for radio frequency equipment);
5. Technical specification of the equipment, including name, model, manufacturer, and other technical specifications;
6. Operation manual/user guide or user manual;
7. One sample equipment (specific types as required by the regulatory authority);
8. Photos of the equipment;
9. Copy of identification card or passport (for foreign only);
10. Copies of business registration certificate, tax registration, business operating license, and other relevant documents (for entities).
Article 26: Exemptions of Technical Standards Certificates
The following equipment is exempt from the Technical Standards Certificate:
1. Equipment imported by individuals not more than one piece per person for the purpose of use only;
2. Equipment produced or imported for samples or exhibition must be exported after completion and in accordance with the laws;
3. Equipment owned by foreign delegations visiting or temporarily working in the Lao PDR, which is exported after completion of the mission;
4. Equipment imported only for the purpose of humanitarian, emergency assistance, or disaster relief
5. Equipment used for national defense and security purposes.
Article 27: Notifications of Conformity
The Notifications of Conformity means the commitment of individuals, legal entities or both domestic and foreign organizations that produce, import, export, use, and distribute telecommunications and ICT equipment in the Lao PDR, to notify and register their equipment comply with the technical regulations.
Individuals, legal entities or both domestic and foreign organizations have purpose to notify conformity for their equipment may apply documents to the Regulatory Authority as follows:
1. For type 1 equipment: applicant may apply the documents as specified in Article 28 after receiving the Technical Standards Certificate
2. For type 2 equipment: applicants may apply the documents as specified in Article 28 based on technical inspection results from the laboratories that designated or approved by the Ministry of Technology and Communications.
The Regulatory Authority is responsible for registering and acting on the Notifications of Conformity. Accepted letter of Notifications of Conformity is valid for a maximum of three years.
Article 28: Documents Required for Conformity Notifications
The documents required for the Notifications of Conformity are as follows:
1. Application forms for the Notifications of Conformity (in Annex 3);
2. Technical inspection results or test reports from the laboratories designated and approved by the Ministry of Technology and Communications;
3. Copies of Accreditation certificate of Laboratories;
4. User manual and photos of the equipment;
5. Inspection report of SAR or EMF (for radio frequency equipment);
6. Copies of the valid Technical Standards Certificate issued by the Ministry of Technology and Communications (In case of type 1 equipment);
7. Technical specification of the equipment, including name, model, manufacturer, and other technical specifications;
8. Copies of identification card or passport (for foreigner);
9. Copies of business registration certificate, tax registration, business operating license, and other relevant documents (for entities).
Article 29: Procedures of Conformity Notifications
The procedures for the Notifications of Conformity are defined as follows:
1. The applicant applies all required documents that complied with technical regulations to the Technical Regulatory Authority;
2. The Technical Regulatory Authority certifies the application forms and issues an accepted letter for the Notifications of Conformity (as application forms specified in Annex 4) to the applicant within 10 working days. In case, an accepted letter cannot be issued, the Ministry of Technology and Communications will notify the reasons to the applicants within 10 working days, counting from the date of receipt of document.
Article 30: Exemptions of Conformity Notifications
The equipment exempts from the Notifications of Conformity is specified in Article 26 of this Decision.
Chapter 6
Management of Equipment after Issuing Technical Standards Certificate
Article 31: Procedures of Re-issuing Technical Standards Certificate
Individuals, legal entities or both domestic and foreign organizations may be called to apply for re-authorization of the Technical Standards Certificate by following cases:
1. Changes of name, model and version of equipment;
2. New technical design may cause equipment changes its technical standards;
3. Ministry of technology and Telecommunications amended its technical standards or standards of radio frequency, may cause equipment need to change its technical parameters;
4. The Technical Standards Certificate was inspired;
5. The Technical Standards Certificate has been revoked
Article 32: Cancellation of Technical Standards Certificate and Right to Use Technical Regulation Lebel
Ministry of technology and Communication may cancel the Technical Standards Certificate and right to use Technical Regulation Lebel by the cases as follows:
1. Technical inspection results of equipment in the market does not meet the authorized technical regulations;
2. When holders of the Technical Standards Certificate and the users of technical standards label violates any rules or principles, they will be called to stop using the technical standards label and return the technical standards certificate back to the Ministry of Technology and Communications.
Article 33: Re-notifications of Conformity
Individuals, legal entities or both domestic and foreign organizations may be called to apply for re-authorization of the Technical Standards Certificate by following cases:
1. New technical design may cause equipment changes its technical parameters;
2. When there a new change in the notified letter of the Notifications of Conformity;
3. The accepted letter of the Notifications of Conformity was inspired.
Article 34: Data Collection and Reporting
Applicant who received the Technical Standards Certificateneed to collect the use of the Technical Regulation Labe and report to the Ministry of Technology and Communications in each period.
Article 34: Equipment Inspection in Markets
The Technical Regulatory Authority monitors and inspect equipment and the use of the technical standards label in all markets to ensure that equipment complies with the defined technical regulations.
The Technical Regulatory Authority has responsibility to plan, set inspection conditions, conduct equipment inspection, and make reports. The equipment inspections in all markets need to be conducted once a year or conduct emergency inspection when receiving negative reports or complaint from the equipment users.
Chapter 7
Technical Standards and Equipment Importing
Article 36: Technical Standards of Equipment
The Ministry of Technology and Telecommunication has established technical standards for each type of equipment under different regulations.
Article 37: Comparison of International Technical Standards
The Ministry of Technology and Telecommunication has approved technical standards for some types of equipment which has not yet regulated by compare with technical standards of internation or other countries.
Article 37: Equipment Importing
Equipment that individuals, legal entities or both domestic and foreign organizations need to import must has been inspected and certified by the Ministry of Technology and Telecommunications before allow to import (except equipment specified in Article 26 of this Decision).
Ministry of Technology and Telecommunications is responsible for importing of telecommunication and ICT equipment after it was inspected and certified.
Chapter 8
Rights and Obligations of Technical Standards Certificate
Article 39: Rights of the Holder of Technical Standards Certificate
The holders of the Technical Standards Certificate have the follow rights:
1. Produce, import, export, use, and distribute inspected equipment;
2. Request to temporary stop or cancel the Technical Standards Certificate
3. Protection of their rights and benefits under laws;
4. Receive the rights as defined in the laws and regulations.
Article 40: Obligations of Technical Standards Certificate Holder
The holders of technical regulation verification obligate as follows:
1. Pay fees and services charges for managing technical standards;
2. Producers, importers, exporters, users, and distributors must maintain and take a responsibility of their equipment;
3. The verified recipient of Technical Standards Certificate shall collaborate with the Ministry of Technology and Communications for the inspection of the equipment;
4. During production or distribution of equipment, if any equipment found mistakes, the producer or importer shall do as follows:
- Immediately report the issues and solving to the Ministry of Technology and Communications;
- Immediately clear the issues, stop distribution, and recall that equipment;
- Report to the Ministry of Technology and Communications regard to the outcome of solving issues before using or distribution into the markets again.
5. Follow other obligations as given in the laws and regulations.
Charter 9
Prohibition
Article 41: General Prohibitions
Individuals, legal entities, and both domestic and international organizations are not allowed to engage the following actions:
1. Produce, import, export, utilize, and distribute equipment that not yet inspect and certify its technical standards;
2. Distributing equipment that has been exempted from certification;
3. Using equipment to disrupt peace, generate harmful frequency interference, or cause damage to other communications;
4. Obstruct inspection and certification;
5. Other act that violates the laws and regulations.
Article 42: Prohibitions Technical Standards Certification Holder (Moved from Article 41)
Individuals, legal entities, and both domestic and international organizations are not allowed to engage the following actions:
1. Produce, import, export, utilize, and distribute equipment that lower than its certified technical standards;
2. Selling, transferring, or leasing their Technical Standard Certificates and rights using Technical Standards Label;
3. Forging documents related to inspection and certification of technical standards;
4. Utilizing their Technical Standard Certificates and rights using Technical Standards Label for unauthorized purposes defined this Decision;
5. Other act that violates the laws and regulations.
Article 43: Prohibitions for Technical Regulatory Authority
Technical Regulatory Authorities are prohibited from the following actions:
1. Disclosing state secrets or Forging documents related to inspection and certification of technical standards;
2. Take advantage of position for personal, causing harm to the state, community, individuals, or organizations;
3. Ignore assigned duties and responsibilities;
4. Taking any position or acting as a consultant for business units involved in the import, export, production, or distribution of equipment;
5. Operating business regards to the import, export, production, or distribution of equipment;
6. Other act that violates the laws and regulations.
Chapter 10
Technical Standards Authority
of Telecommunications and ICT Equipment
Article 44: The Technical Standards Authority of Telecommunications and ICT Equipment
The Ministry of Technology and Communications is centralized and unified managing the technical standards of telecommunications and ICT equipment across the country. This includes defining equipment types, inspection, technical standards certification, and endorse inspection laboratories both in domestic and abroad. This responsibility is directly assigned to the Department of Radio Frequency to serves as the coordinating body with relevant stakeholders.
Article 45: Rights and Duties of the Department of Radio Frequency
The Department of Radio Frequency, Ministry of Technology and Communications has rights and duties in managing technical standard for telecommunications and ICT equipment as follows:
1. Manage, monitor, and inspect technical standards for equipment nationwide.
2. Research, create, amend, and disseminate regulations related to the inspection and certification of equipment;
3. Conduct technical inspections of equipment.
4. Issue Technical Standards Certificates for equipment.
5. Register and acknowledge Conformity Notifications and the use of Technical Regulation Lebel.
6. Designate and accredit inspection laboratories.
7. Protect benefits of nation and the rights of equipment users.
8. Handle complaints or reports of equipment consumers regards to incompliance with technical standards;
9. Resolve disputes raise from equipment that incompliance with its technical standards;
10. Warnings, revoke Technical Standards Certificate, or cancel the rights to use the Technical standards label, recall equipment that incompliance with its technical standards and force to penalty for violators;
11. Collect fees and service charges related to the management of technical standards;
12. Enhance capacity building on management of the technical standards of equipment for concern authorities;
13. Cooperate and coordinate with international on management of the equipment technical standards;
14. Save and provide information of telecommunications and ICT equipment to relevant sectors.
15. Utilize rights and follow other assigned duties.
Chapter 11:
Final Provisions
Article 46: Implementation
Ministry of Technology and Communications assigned the Department of Radio Frequency to collaborate with relevant sectors and take seriously implement this Decision
Article 47: Effectiveness
This Decision comes into effect as of January 26, 2023 following its signing and announcement in an official gazette.
This Decision supersedes the Agreement on the Inspection and Certification of Technical Standards of ICT Equipment No. 2118/MTC, dated August 8, 2018, and any other related regulations.
Minister
Boviengkham VONGDARA
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