LAO PEOPLE’S DEMOCRATIC REPUBLIC
PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY
Government No.298/GOV
Vientiane Capital, date 05 June 2024
Degree
On the Dry Port
According to the Law on the Government of Lao PDR No. 03/NA, dated 16 November 2021;
According to the law on Investment Promotion No. 14/NA, dated 17 November 2016;
Agreement to the law on the Multi transport No. 28/NA, dated 18 December 2012;
According to the request letter of Ministry of Public Work and Transport No. 102/MPWT, dated 26 February 2024.
Government issue degree:
Chapter 1
Article 1 Purpose
This decree establishes principles, regulations, and measures for the management, monitoring, and inspection of operations at dry ports to ensure the efficiency and effectiveness of the import-export and transit of goods across borders, as well as the movement of goods. It aims to improve transportation and logistics services to be convenient, swift, safe, modern, transparent, and environmentally friendly. Furthermore, it seeks to attract and promote domestic and foreign investments, ensure connectivity with regional and international networks, and contribute to the socio-economic development of the country.
Article 2 Dry Port
"Dry Port," is a logistics hub connected to one or multiple modes of transportation. It facilitates the receipt, consolidation, storage, loading, unloading, transshipment, distribution of goods, and inspection of cargo movement by customs officers and other relevant authorities. These activities align with international trade processes and adhere to laws, treaties, and international agreements to which the Lao PDR is a party.
Article 3 Explanation of Terms
The terms used in this decree are defined as follows:
1. Logistics refers to the management and administration of goods movement processes, which include planning, controlling, storing, packaging, transshipment, transportation, services, and providing information efficiently and effectively. This applies from the point of origin to the final destination, based on customer needs, in a seamless and coordinated manner.
2. Goods refer to materials, objects, plants, animals, aquatic animals, and other products that meet the needs or necessities of consumers and hold economic value.
3. International Trade refers to the import and export of goods to and from the Lao PDR, including temporary imports, temporary exports, and transboundary trade.
4. Container Yard refers to a location designated for storing, maintaining, and repairing shipping containers.
5. Developer refers to a legal entity authorized to invest in the development of dry ports under the law on investment promotion and other related laws.
6. Business Investor refers to a legal entity authorized to invest in any business within the area of the dry port under the law on investment promotion and other related laws.
Article 4 State Policies on Dry Port Operations
The State establishes conditions and facilitates developers and business investors to access funding, both domestic and international, to invest in the development of dry ports and areas within their zones. This is to strengthen the development of freight transport and logistics, ensuring connections at the regional and international levels.
The State is committed to the development of dry port operations through government investment by building human resources, establishing infrastructure, allocating budgets, and providing necessary equipment. Additionally, the State creates conditions and facilitates the efficient and effective operation of dry port tasks.
The State protects the rights and benefits of developers and business investors as stipulated in this decree and the law on investment promotion.
Article 5 Principles for Dry Port Operations
Dry port operations must adhere to the following principles:
1. Compliance with laws, national socio-economic development plans, the logistics development strategy of the Lao PDR, treaties in which the Lao PDR is a party, and relevant international agreements.
2. Ensure operational management based on legal frameworks to provide services that are convenient, fast, safe, smooth, modern, transparent, accountable, meet international standards, and are environmentally friendly.
3. Management of dry port operations must be integrated and coordinated with relevant sectors, local authorities, and development partners.
Article 6 Scope of Application
This decree applies to individuals, legal entities, and organizations involved in or related to dry port operations within the Lao PDR.
Article 7 International Cooperation
The State promotes relationships and cooperation with foreign countries, regional entities, and international organizations regarding dry port operations. This includes the exchange of lessons, information, knowledge, science, technology, techniques, and experiences in the development and management of dry ports. Such cooperation must align with treaties to which the Lao PDR is a party and relevant international agreement.
Chapter 2
Determination of Location, Standards, and Entry-Exit of Dry Ports
Article 8 Location of Dry Ports
The location of dry ports in the Lao PDR is based on the Intergovernmental Agreement on Dry Ports by the United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP Intergovernmental Agreement on Dry Ports).
Dry ports may be situated near international checkpoints, strategic provincial or capital city areas, trade zones, industrial zones, agricultural zones, economic zones, or other areas that can connect with highways, railways, ports, and international airports. The decision must be based on the results of economic and technical feasibility studies conducted by the Ministry of Public Works and Transport and adhere strictly to the rights and duties outlined in this legislation.
Ministry of Public Works and Transport is responsible for researching potential dry port locations, in coordination with relevant ministries and local authorities, and submitting proposals to the government for consideration.
Article 9 Standards of Dry Ports
Dry ports must meet the following standards:
1. A minimum area of seven hectares;
2. Basic infrastructure in accordance with technical requirements;
3. Necessary machinery, vehicles, and equipment;
4. An information and communication technology system;
5. A safety and security system;
6. Other essential facilities as needed.
Article 10 Required Technical Infrastructure for Dry Ports
The necessary technical infrastructure of dry ports includes:
1. Entry and exit gates, and surrounding fences;
2. Internal routes connecting with various transport modes;
3. Inspection areas with X-ray equipment;
4. Inspection yards for relevant authorities;
5. Office buildings for essential services such as customs officers, shippers, transporters, agents, banks, insurers, and other related entities;
6. Administrative and service offices for dry port management;
7. First aid facilities;
8. Cross-docking areas for goods sorting;
9. Open-air and covered warehouses;
10. Areas for consolidating and loading goods (less container load areas);
11. Truck parking yards;
12. Container yards;
13. Treatment areas;
14. Storage areas for hazardous goods.
15. Evaluation Criteria
In addition, there are other essential technical infrastructures required, depending on the size and specific features of each dry port.
Article 11 Vehicles and Equipment at Dry Ports
The vehicles and equipment used at dry ports include:
1. Forklift;
2. Reach stackers;
3. Gantry Cranes;
4. Heavy-duty shelf Super Racks;
5. Pallets;
6. X-Ray cargo inspection machines;
7. Containers;
8. Equipment for inspecting, diagnosing, and treating diseases in animals, plants, and animal products.
Additionally, there are other vehicles and equipment that may be necessary, depending on the size and specific features of each dry port.
Article 12 Information and Communication Technology Systems
Modern information and communication technology (ICT) systems for dry ports include:
1. Electronic Date Reading Systems;
2. Vehicle and Container Tracking Systems (GPS);
3. Electronic banking (E-Banking);
4. Service fee calculation and payment systems;
5. Online Accounting Systems;
6. Automated Systems for Customs Data;
7. Information Technology Infrastructure;
8. Staff Management Systems;
9. Systems for controlling loading, unloading, and cargo movement;
10. Dry port operating and automated reporting systems;
11. Warehouse Management Systems;
12. Distribution Management Systems.
Other essential ICT systems may be required, depending on the size and specific features of each dry port.
Article 13 Security Systems
Essential security systems for dry ports include:
1. Closed-circuit television (CCTV) systems;
2. Safety and security systems;
3. Fire prevention systems;
4. Security maintenance systems;
5. Lightning Protection Systems.
Additionally, other safety systems may also be necessary depending on the size and specific characteristics of each land port.
Article 14 Entry and Exit of Dry Ports
Ministry of Public Works and Transport is responsible for determining routes, transportation vehicles entering and exiting land ports, and the various modes of transport for goods to their final destinations.
Ministry also sets operational procedures through separate regulations.
Chapter 3
Investment Models for Dry Port Development
Article 15 Investment Models for Land Port Development
The investment in dry port development can take three forms:
1. The government invests 100%.
2. The government co-invests with private entities.
3. Private entities invest 100%.
The government may hold shares in essential enterprises as determined by relevant laws.
Article 16: Government’s 100% Investment
The government’s 100% investment refers to the sole investment by the Lao PDR government to develop dry ports.
Article 17 Government Co-investment with Private Entities
Government co-investment with private entities involves joint investment between the Lao PDR government and either domestic private entities, individuals, or foreign enterprises to develop dry ports in Laos.
Article 18 Private 100% Investment
Private 100% investment refers to investment solely by private individuals or entities, either independently or collaboratively, to develop dry ports in Laos. In cases of foreign joint investment, the foreign shareholding must not exceed 49%.
Chapter 4
Requesting Approval for Dry Port Development
Article 19 Proposal Submission for Dry Port Development Approval
Legal entities aiming to develop dry ports in locations designated by the government must submit a request for approval using prescribed forms to the One-Stop Investment Service Office at the central level, as specified in the law on investment promotion.
If there are two or more individuals or entities seeking to develop a dry port, the selection of the developer will be carried out through an auction process.
Article 20 Conditions for Dry Port Developers
Anyone proposing to develop a dry port must meet the following conditions:
1. Be a legal entity.
2. Have financial capacity or confirmed sources of funding from domestic or international financial institutions.
3. Possess personnel with experience in logistics or freight transport operations.
4. Demonstrate collaboration and connections in commerce, including sources of goods domestically and internationally.
5. Have consultants or consulting firms authorized by the Ministry of Public Works and Transport to conduct feasibility studies for land port development.
6. Have not been declared bankrupt by a court.
Article 21 Documents Required for Dry Port Development Approval
The documents required for approval of land port development include:
1. A request for approval to develop a dry port.
2. Background and experience of the developer.
3. Business registration certificate.
4. Joint venture agreements (if applicable).
5. Power of attorney for representatives of shareholders or stakeholders if the developer is not in the top management position.
6. Proposal for feasibility studies on dry port development.
7. Certification of the consultant or consulting firm authorized to conduct the feasibility studies.
8. Certification of annual tax compliance.
9. Certification of financial capacity or supporting documents from financial institutions.
10. The company’s articles of association as per prescribed format.
Article 22 Procedures for Approval of Land Port Development
The process for obtaining approval for land port development involves the following steps:
1. After receiving the application for dry port development approval, the One-Stop Investment Service Office will coordinate with the Ministry of Public Works and Transport, relevant ministries, and local administrative organizations to review and submit to the Ministry of Planning and Investment.
2. Ministry of Planning and Investment will review and propose the project to the government for approval, including signing a memorandum of understanding on the feasibility of the project.
3. After government approval, Ministry of Public Works and Transport will outline the responsibilities, and Ministry of Planning and Investment will sign the memorandum of understanding on the feasibility study.
4. Dry port developer must conduct the feasibility study following the terms set by the Ministry of Public Works and Transport within a period of 12 months.
5. The developer must assess the environmental impact and submit it to the Ministry of Natural Resources and Environment for endorsement in compliance with the law.
6. Ministry of Public Works and Transport cooperates with the Ministry of Planning and Investment, as well as local authorities involved in research and supporting reports related to development activities.
7. Ministry of Planning and Investment cooperates with the Ministry of Public Works and Transport, as well as local government agencies involved in research and signing agreements, including the process of obtaining state-owned assets for the purpose of presenting them to the government for consideration and approval of agreements.
8. The developer must establish a company structure and obtain permission to operate according to relevant regulations.
For the timeline for each step of consideration, it should be carried out according to the legal timeframes set out in the regulations with the goal of promoting investment.
Article 23 Services provided by the developer
Services provided by the developer include:
1. Receiving and sending goods;
2. Transporting and distributing goods;
3. Storage of goods;
4. Handling and providing goods storage services;
5. Rail systems;
6. Taxation;
7. Inspection of agricultural and animal products;
8. Banking services and insurance;
9. Other activities authorized by the government.
The developer can offer services in accordance with items 1 to 4, while services listed in items 5 to 8 require permission from the relevant authorities.
Transit goods through the Lao PDR to a third country do not need to go through the border, but must be inspected by the customs authorities at the designated port of entry or exit as per government regulations.
Article 24 Rights of the developer
the developer has the following rights:
1. To receive promotional assistance and facilitate investment development activities according to the regulations;
2. To protect rights and benefits from investments in the development area that are authorized;
3. To select and sign agreements with investors in operations;
4. To receive benefits from leasing according to the laws and procedures;
5. To use the land according to the terms of the agreements and related laws;
6. To have the right to manage property developed in the area as an asset;
7. To enjoy other rights as stipulated in the regulations.
Article 25 The Developer's Regulation
Developers must adhere to the following:
1. Implement development agreements, development plans, economic-technical reports, environmental impact assessments, environmental monitoring and reporting plans.
2. Pay taxes, fees, rent, or land usage fees, royalties, service fees, and other payments according to the development agreements, laws, and regulations.
3. Cooperate with local government authorities and relevant organizations, and contribute to local development as part of the national development efforts, particularly in promoting safety, public health, disaster management, and other humanitarian activities.
4. Keep accounts according to legal requirements, which may involve using international accounting systems, but they must receive approval from the relevant financial authority.
5. Use and develop labor skills, promote professional and technological expertise, especially for Lao women and ethnic minorities.
6. Participate in the social security system.
7. Compensate for damages arising from failures in service provision based on product value.
8. Summarize and report statistics and business activities to the relevant authorities, such as the Ministry of Finance, investment agencies, and other relevant bodies.
9. Follow other regulations as stipulated by law.
Article 26 Proposal for Issuance of the Code of Practice
Ministry of Public Works and Transport is responsible for reviewing the conditions and standards of the code of practice for registering the code. It will submit the proposal to the Economic Commission of the United Nations Economic Commission for Europe (UNECE) or any other international organization that is authorized to issue the code.
Once the code has been issued, it can provide logistical services and facilitate the shipping of goods.
Chapter 5
Investment in Operations within the dry port area
Article 27 Types of Investments within the Scope of the Developer
Types of investments within the dry port are as follows:
1. Warehouse;
2. Cargo handling station;
3. Goods transit stations;
4. Cargo transport station;
5. Container Yard;
6. Repair centers for warehouses;
7. Packaging services;
8. Infectious disease prevention activities;
9. Other related activities.
Article 28 Business Investment Proposal
A legal entity intending to invest in a business within the dry port zone must submit a proposal to the responsible committee for review and consideration.
For developers with a business investment goal in the designated zone, they must create a new legal entity and operate in accordance with the provisions in Chapter 5 of this regulation.
Article 29 Conditions for Business Investment
Investors in the dry port zone must meet the following conditions:
1. Be a legal entity;
2. Have a business agreement with the developer;
3. Have received the necessary permission to operate from the relevant authority;
4. Have personnel with the necessary knowledge and experience relevant to the business to be provided;
5. Have adequate funds appropriate for the size and type of business;
6. Have equipment, tools, and transportation that are standardized, modern, and suitable for the scale of the business;
7. Have never been subject to a court ruling for bankruptcy.
Article 30 Documents Required for Business Investment Authorization in the Dry Port Zone
The documents required for applying for business investment authorization in the zone are as follows:
1. Investment proposal letter;
2. Business registration certificate;
3. Agreement with the developer;
4. Permission to operate;
5. Economic-technical report or business plan;
6. Internal regulations of the business;
7. Financial verification from the financial institution.
Article 31 Rights of Business Investors
Business investors have the following rights:
1. Receive promotional and advisory support from the government and developers to facilitate investment in accordance with applicable laws;
2. Receive protection in various investment fields from the government, rights, and benefits derived from the investment;
3. Use land as per the investment agreement in compliance with laws and regulations;
4. Be entitled to assets related to their business investments;
5. Other rights as specified by law.
Article 32 Business Investors’ Obligations
Business investors have the following obligations:
1. Operate the business according to the authorized terms and fulfill the obligations specified in agreements with the developers.
2. Pay rental fees to developers according to the contract;
3. Pay taxes, standard fees, and service fees as specified in the contract, laws, and regulations;
4. Summarize and report statistics and activities of the organization to the developers and the local government organizations involved regularly;
5. Collaborate with the relevant departments and local government organizations involved;
6. Compensate for losses caused by errors in the services provided, based on the value of the goods;
7. Perform other duties as stipulated in the law.
Chapter 6
Establishment of the Dry Port Monitoring Committee
Article 33 Dry Port Monitoring Committee
The Monitoring Committee consists of:
1. The Monitoring Committee of dry port;
2. The government authorities of the dry port.
Article 34 The Monitoring Committee
The Monitoring Committee is an ad-hoc body formed for the purpose of monitoring, inspecting, and overseeing the enforcement of laws and regulations related to the dry port.
The Monitoring Committee is established and led by the Minister of the Ministry of Public Work and Transport, which includes the Head of Public Work and Transport Sector, Deputy head and members from other relevant departments.
Article 35 Rights and Responsibilities of the Monitoring Committee
The Monitoring Committee has the following rights and responsibilities:
1. Coordinate and monitor data collection, statistics related to development, investment, and business operations at the dry port;
2. Coordinate and monitor the activities of the permanent offices at the dry port;
3. Monitor and coordinate with the developers and investors to ensure compliance with the contract, law, and regulations;
4. Propose adjustments to standard costs and services if they are deemed inconsistent with the actual economic-social development situation at different stages;
5. Coordinate with the relevant departments and organizations for service quality improvement;
6. Receive and resolve suggestions from developers and investors within the scope of their rights and responsibilities;
7. Provide advice and support to ensure smooth operations at the dry port;
8. Summarize and report the project's activities to the Ministry of Public Work and Transport, and to the relevant provincial and city government bodies at the dry port location;
9. Exercise rights and perform other duties as specified in the law and regulations.
Article 36: The authorities at Dry Ports
The government units at border posts have the following responsibilities:
1. Public Work and Transport sector;
2. Customs;
3. Plant quarantine and veterinary;
4. Food, drugs, and disease control;
5. Perform immigration according to specific conditions at the dry port.
Each authority is appointed or assigned a position through the central administration for implementing its responsibilities at each dry port.
Article 37 Responsibilities of Public Work and Transport Sector
Public Work and Transport Sector at dry port has the following responsibilities:
1. Supervise, monitor, inspect, and provide facilitation for the entry and exit of transportation vehicles, goods, and shipping lanes, ensuring compliance with laws and regulations;
2. Monitor the loading and unloading of goods transported by vehicles;
3. Track and inspect the movement of vehicles transporting goods along specified routes;
4. Collect statistical data regarding transportation vehicles and cargo;
5. Inspect the technical standards of transportation vehicles;
6. Inspect special vehicles and hazardous materials;
7. Establish methods for handling transportation vehicles, ensuring the correct procedures for shipping;
8. Summarize and report the activities of the Inspection and Transportation Unit at each level;
9. Implement other responsibilities as prescribed by the law and regulations.
Article 38 Responsibilities of the Customs Sector
The Customs Unit at dry port has the following rights and duties:
1. Supervise, monitor, inspect, and provide facilitation for the import and export of goods, ensuring compliance with laws and regulations;
2. Collect taxes and other charges as prescribed by law;
3. Inspect and regulate all violations related to tax laws and regulations;
4. Summarize and report the activities of the Customs Unit at each level;
5. Implement other responsibilities as prescribed by the law and regulations.
Article 39 Responsibilities of the Plant quarantine and veterinary Sector
The Plant quarantine and veterinary Sector has the following rights and duties:
1. Inspect and regulate all violations of laws and regulations related to the protection and control of plants and animals.
2. Inspect and ensure the convenience of imports and exports, as well as the handling of plants, plant products, plant pests, and animal and animal products that are handled with speed, thoroughness, and in accordance with legal and procedural regulations.
3. Inspect, test, and evaluate plant-animal products, and other products related to plants and animals, as well as examine goods that require inspection such as pesticides, plant pest treatments, and chemicals found in plant products according to import-export conditions.
4. Safeguard, segregate, store samples, send samples for examination, reject or approve imports, send items back or destroy them, or apply other measures for plant-animal products and goods that may be contaminated with pests.
5. Notify the import-export parties or the involved operators if any pests or contaminations are detected in plant-animal products and related materials.
6. Consider issuing Phytosanitary certificates for plant-animal products being exported and other related documents based on the regulations of the respective agricultural and forestry departments.
7. Collect fees and service charges according to procedural regulations.
8. Summarize and report the activities and movements of the inspection unit to its supervisors in accordance with standard operating procedures.
9. Implement other responsibilities as outlined by law and regulations.
Article 40 Responsibilities of food and drug, and disease control sector
The food and drug, and disease control sector has the following rights and responsibilities:
1. Inspect and ensure pest control, quarantine of disease-causing agents, investigation, dispatch, and segregation of infected individuals.
2. Collect and store data regarding food inspection, pharmaceutical products, and pest control.
3. Inspect and issue health certificates for vehicle drivers and permanent drivers in cases where there are infectious disease concerns.
4. Inspect food, pharmaceutical products, and other items related to import-export and customs clearance according to the rules.
5. Summarize and report the activities and movements of the inspection unit to supervisors according to standard procedures.
6. Implement other responsibilities as defined by law and regulations.
Article 41 Responsibilities of Immigration Sector:
Immigration Sector has the following responsibilities:
1. Inspect travel documents of vehicle drivers and permanent staff.
2. Stop or block transportation to/from the Lao PDR without proper documentation.
3. Caution, warn, update, and manage continuous inspections, investigations, and surveys according to legal regulations.
4. Participate in inspection with X-ray devices and cooperate with other units responsible for border inspections.
5. Summary and report on the Operation of the Immigration Department.
6. Implement other responsibilities as stipulated by the law and regulations.
Chapter 7
Land of Dry Port
Article 42 Determining the Land Area of the Dry Port
Before approving the feasibility study, Ministry of Public Work and Transport shall cooperate with the Ministry of Natural Resources and Environment and relevant departments to determine the dry port's land area, ensuring alignment with the zoning plan.
Article 43 Fixing the Boundary of the Dry Port
After signing the dry port development agreement, Ministry of Natural Resources and Environment shall coordinate with other relevant departments, local authorities, and developers in surveying, measuring, and creating zoning plans or maps for the determined dry port boundaries.
Article 44 Issuance of a Certificate for Land Use
The Ministry of Natural Resources and Environment shall issue a certificate confirming the land use to the developers, in accordance with the regulations regarding land rights.
Article 45 Land Use
Dry Port developers must create a land use plan that aligns with the goal of business operations, ensuring that no more than 80% of the total land area is used for direct business purposes, and the remaining portion is designated for public facilities and green spaces.
Article 46 Compensation for Damages
The state can transfer the land rights of individuals or legal entities to the port developer as compensation or a replacement for damage in accordance with the law and relevant regulations.
Chapter 8
Standard Fees and Services in the Dry Port
Article 47 Standard fees and service charges in the Dry Port
The standard fees and service charges in the dry port are as follows:
1. The basic state fees for crossing the border are the entry and exit registration fees, including processing, official seals, and administrative procedures.
2. The service fees for developers and investors include basic handling fees, photo fees, storage fees, parking fees, and goods handling fees.
Article 48 Collection of Fees and Service Charges in the Dry Port
The rates and collection of dry port fees and service charges by the government must follow the guidelines set by the President, which are established at each stage.
The rates and collection of service charges for developers and operators within the dry port must be researched and proposed to the Ministry of Public Work and Transport and Shipping for coordination with the relevant agencies to present the proposal to the government for consideration and approval.
Developers and operators within the dry port must determine and announce the rates for services and charges in kip, and may accept payment in foreign currency using the exchange rate from a bank in the Lao PDR.
Chapter 9
Prohibitions
Article 49 General Prohibitions
The following acts are prohibited for individuals, legal persons, and organizations in the harbor:
1. Entering, intruding, or constructing within the harbor area without permission;
2. Destroying, damaging, or altering any construction or property within the harbor area;
3. Transporting goods or materials into the harbor that do not comply with laws and regulations;
4. Engaging in any other acts that violate laws and regulations.
Article 50 Prohibitions for Dry Port Developers
The following acts are prohibited for dry port developers:
1. Using public areas, structures, constructions, or state property without proper authorization according to the law and regulations;
2. Allowing others to use construction permits or facilities in the harbor without authorization, or leasing them to others;
3. Closing the dry port or using the dry port area for other purposes without permission;
4. Operating dry port facilities in ways that do not comply with the signed agreement or regulations;
5. Planning and constructing buildings or structures that do not align with approved technical plans;
6. Involving in illegal activities such as smuggling, importing, exporting, or providing illegal services to individuals or organizations.
Article 51 Prohibitions for Investors in Dry Port
The following actions are prohibited for investors in dry port:
1. Leasing or transferring operations to those without an authorized permit and not approved by the developers or the dry port management authority;
2. Ceasing operations in the dry port or using the facilities for purposes other than those authorized, without proper approval;
3. Engaging in operations that are not in compliance with the contract with the developers or the laws and regulations;
4. Preventing or restricting the provision of services to individuals or other parties;
5. Other actions that violate laws and regulations.
Article 52 Prohibitions for public officials and employees
Prohibits for public officials and employees involved in misconduct in the following ways:
1. Carrying out business, advising, or acting as a professional staff member for an illegal business in relation to their personal responsibility;
2. Accepting, soliciting, receiving, or exchanging gifts, bribes, or illegal commissions related to their public duties;
3. Misappropriating responsibility, engaging in illegal practices in regard to the operation or transport of goods;
4. Other violations of regulations and operational procedures.
Chapter 10
Supervision and Inspection of Public Business Activities
Article 53 Supervisory and Inspection Agencies for Public Business Operations
Ministry of Public Work and Transport is responsible for overseeing and inspecting public business activities by coordinating with ministries, organizations, and local government agencies involved.
Supervisory and Inspection Agencies are composed of:
1. Ministry of Public Work and Transport;
2. Ministry of Finance;
3. Ministry of Agriculture and Forestry;
4. Ministry of Health;
5. Ministry of Public Security.
Article 54 Responsibilities of Public Work and Transport Sector
Ministry of Public Work and Transport has responsibilities as follows:
1. To research policies, strategies, and regulations concerning business operations and propose them for government consideration;
2. To communicate and disseminate policies, strategies, and regulations related to business operations to the public and relevant stakeholders;
3. To formulate policies, regulations, plans, and programs regarding public business operations within its jurisdiction;
4. To lead, encourage, and monitor the implementation of business operations by developers and investors, ensuring alignment with agreements, regulations, and operational procedures;
5. To conduct research and make recommendations on investment projects in business operations;
6. To review and consider business activities involving public services;
7. To cooperate with relevant ministries to form a supervisory committee for business operations;
8. To set tasks and support the development of business operations;
9. To issue permits for the operation and investment of public business activities.
Article 55 Responsibilities of Financial Sector
Financial Sector has the following responsibilities:
1. Researching and developing policies, procedures, plans, and programs related to tax operations at the Seaport;
2. Communicating and disseminating policies, procedures, plans, and programs related to tax operations at the Seaport to the public and relevant sectors;
3. Appointing a tax officer to the Seaport's supervisory committee;
4. Appointing or assigning a permanent tax officer at the Seaport;
5. Collaborating and coordinating with relevant sectors in the development of the Seaport, strengthening tax collection systems, and ensuring proper, comprehensive, timely, and accurate tax and revenue collection at the Seaport;
6. Summarizing and reporting on tax operations at the Seaport to the upper-level authorities regularly;
7. Implement other responsibilities as prescribed by law and regulations.
Section 56 Responsibilities of Agriculture and Forestry Sector
Agriculture and Forestry Sector has the following responsibilities:
1. Researching and developing policies, procedures, plans, and programs related to agriculture and livestock at the Seaport;
2. Communicating and disseminating policies, procedures, plans, and programs related to agriculture and livestock at the Seaport to the public and relevant sectors;
3. Appointing an agricultural officer to the Seaport’s supervisory committee;
4. Appointing or assigning a permanent agricultural officer at the Seaport;
5. Collaborating and coordinating with relevant sectors in the development of dry port, strengthening inspection systems, ensuring risk management, controlling movement, and creating proper, safe, and timely conditions for agricultural and livestock products at the Seaport;
6. Summarizing and reporting on agricultural operations at the Seaport to the upper-level authorities regularly;
7. Implement other responsibilities as prescribed by law and regulations.
Section 57 Responsibilities of Health Sector
Health Sector has the following responsibilities:
1. Researching and developing policies, procedures, plans, and programs related to food, medicine, and infectious disease control at the dry port;
2. Communicating and disseminating policies, procedures, plans, and programs related to food, medicine, and disease control at the Seaport to the public and relevant sectors;
3. Appointing a public health officer to the Seaport’s supervisory committee;
4. Appointing or assigning a permanent public health officer at the dry port;
5. Collaborating and coordinating with relevant sectors in the development of the dry port, strengthening control systems, ensuring risk management, controlling movement, ensuring safety and hygiene, and timely procedures for food, medicines, and disease control at the Seaport;
6. Summarizing and reporting on public health operations at the dry port to the upper-level authorities regularly;
7. Implement other responsibilities as prescribed by law and regulations.
Article 58 Responsibilities of the Public Security Sector
Public Security Sector has the following responsibilities:
1. Establish policies, regulations, plans, and programs related to the work of the dry port.
2. Appoint or assign the head of operations to the dry port.
3. Cooperate and collaborate with relevant parties in the development of dry port, strengthening the inspection process, monitoring risks, managing movement control, creating food inspection locations, medicines, and ensuring the proper control of infectious diseases, with safety and timeliness.
4. Summarize and report on the movement of food, medicine, and disease control operations at the dry port in a timely and appropriate manner.
5. Implement other responsibilities as prescribed by law and regulations.
Article 59 Responsibilities of Other Relevant Organizations and Local Governance
Other organizations and local governance involved in dry port operations have the responsibilities to cooperate and collaborate with relevant agencies in monitoring and inspecting dry port activities, as well as in setting up operational policies and ensuring proper adherence to this regulation.
Article 60 Inspection of Operations
The scope of inspecting checkpoint operations includes:
1. Implementation of laws and regulations related to dry port operations.
2. Inspection of work setup, understanding records, agreements, and other related documents.
3. Enforcement of rights and responsibilities of dry port staff.
4. Development and implementation of plans for dry port operations.
Article 61: Types of Inspections
There are three types of inspections of dry port operations:
1. Regular inspections as part of the plan, with fixed and reliable schedules.
2. Advance Notification Inspection: This refers to the inspection of plans by notifying the target in advance for review.
3. Quick Inspection Method: This refers to a rapid inspection method where no advance notification is provided to the target for review.
Chapter 11
Policy on Employees and Measures for Violators
Article 62 Policy on Employees
Individuals, legal persons, and organizations with outstanding performance in this sector are regarded as key players in development, management, investment, and providing effective services. They play a crucial role in economic-social development, attracting and supporting development, and are a key focus for policy support and other related policies.
Article 63 Measures for Violators
Individuals, legal persons, and organizations that violate these policies will be warned, trained, penalized, fined, or face other legal consequences depending on the severity of the violation.
Chapter 12
Final Provisions
Article 64 Enforcement
Ministry of Public Work and Transport is the responsible agency for coordinating with Ministry of Finance, Ministry of Agriculture and Forestry, Ministry of Health, Ministry of Public Security, other related ministries, and local authorities to ensure effective enforcement of this regulation.
Article 65: Effective Date
This regulation becomes effective starting from the 11 July 2024.
This regulation replaces previous regulation number 513/GOV, dated 04 August 2021.
Representative of the Laos PDR
Prime Minister
Sonexay Siphondon
# | Title | Download |
---|---|---|
1 | Decree on Dry Port, No. 298/GOL, date 05 June 2024 | |
2 | ດໍາລັດ ວ່າດ້ວຍທ່າບົກ ເລກທີ 298/ລບ, ລົງວັນທີ 05 ມິຖຸນາ 2024. |
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