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Legal Document
Title: Law On National Heritage (Amended) No. 44/NA, dated 24 December 2013
Type: Law
Responsible Agency: Ministry of Information, Culture and Tourism
Issuing Date: 2014-12-24
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Contents

Law On National Heritage (Amended)

Part I: General Provisions

Article 1 (amended) Objective

Article 2 (amended) National Heritage

Article 3 (amended) Definitions

Article 4 (amended) Government Policy on National Heritage works

Article 5 (new) Basic principles regarding National Heritage

Article 6 (amended) Obligations of Citizens

Article 7 (new) Scope of Application of this Law

Article 8 (amended)   International Cooperation

Part II: Types of National Heritage

Chapter 1: Cultural Heritage

Article 9 Types of Cultural Heritage

Article 10 (amended) Cultural Heritage in Tangible Items

Article 11 Cultural Heritage in Intangible Items

Chapter 2: Historical Heritage

Article 12 Types of Historical Heritage

Article 13 (amended) Historical Heritage in Tangible Objects

Article 14 Historical Heritage in Intangible Items

Chapter 3 Natural Heritage

Article 15 Types of Natural Heritage

Article 16 Natural Heritage Having Scenic Value

Article 17 (amended) Natural Heritage Having Ecological or Scientific Value

Part III: National Heritage and National Icons

Chapter 1: Levels of National Heritage

Article 18 (amended) Levels of National Heritage

Article 19 (amended) National Heritage at Local Level

Article 20 (amended) National Heritage at National Level

Article 21 (amended) National Heritage at Regional Level

Article 22 (amended) National Heritage at World Level

Chapter 2: National Icons

Article 23 (amended) The Importance of National Icons

Article 24 (amended) Types of National Icons

Part IV: Management, Use, Protection, Conservation, Restoration and Rehabilitation of Cultural and Historical National Heritage

Chapter 1: Management of Cultural and Historical National Heritage

Article 25 (amended) Management

Article 26 (amended) Registration

Article 27 (new) Registration Process

Article 28 (new) Submission of application for registration

Article 29 (new) Consideration for registration

Article 30 (new) Storage of registration documents

Article 31 (new) Modification to, cancellation of and objection to the registration

Article 32 (amended) Replicas

Article 33 (amended) New Creations

Article 34 (amended) Exhibition

Article 35 (amended) Seen, found and Discovery

Article 36 (amended) Research and Analysis

Article 37 (amended) Export for Analysis

Article 38 (amended) Import, Publication, Display or Distribution

Article 39 (amended) Transfer

Article 40 (amended) Purchase and Sale

Article 41 (amended) Succession

Chapter 2: Use of Cultural and Historical National Heritage

Article 42 (amended) Purpose of Use

Article 43 (amended) Use

Chapter 3: Protection, Conservation, Maintenance and Restoration of National Cultural and Historical Heritage

Article 44 (amended) Protection and Conservation of National Cultural and Historical Heritage in Tangible Objects

Article 45 (amended) Area of Heritage Sites

Article 46 (amended) Protection of Heritage Sites

Article 47 (amended) Maintenance, Restoration and Rehabilitation

Article 48 (amended) Conditions for Maintenance, Restoration and Rehabilitation

Article 49 (amended) Protection and Conservation of National Heritage in the Form of Intangible Items

Part V: Management, Use, Protection, Conservation and Restoration of Natural National Heritage

Chapter 1: Management of Natural National Heritage

Article 50 (amended) Management of Natural National Heritage

Article 51 (amended) Registration of Natural National Heritage

Article 52 Management of Sources of Biodiversity

Article 53 Management of Conservation Forests

Article 54 Management of National

Parks Article 55 (amended) Management of Natural Landscape Scenery

Chapter 2: Use, Protection, Conservation, Restoration and Development of National Natural Heritage

Article 56 (amended) Purpose of the Use

Article 57 (amended) The Use

Article 58 (amended) Protection and Conservation of National Natural Heritage

Article 59 (new) Restoration

Article 60 (amended) Conditions for Restoration of National Natural Heritage

Article 61 (amended) Development

Part VI: Museums

Article 62 Types of Museums

Article 63 (amended) Government Museums

Article 64 (new) Collective Museums

Article 65 (new) Private Museums

Article 66 (amended) Conditions for Establishment of Museums

Article 67 (new) Approval to Establish Museums

Article 68 (new) Management of Museums

Part VII: National Heritage Fund

Article 69 (new) National Heritage Fund

Article 70 (amended) Sources of National Heritage Fund

Article 71 (amended) Management and Use of the National Heritage Fund

Part VIII: Prohibitions

Article 72 (new) General Prohibitions

Article 73 (new) Prohibitions for staffs responsible for national heritage and museum works

Article 74 (new) Prohibitions for Individuals, Legal entities and other Organizations

Part IX: Conflict Resolutions

Article 75 (new) Forms of Conflict Resolution  

Article 76 (New) Amicable Settlement or Mediations

Article 77 (New) Administrative Resolutions

Article 78 (New) Resolutions by the Economic Resolution Organization

Article 79 (New) Petition to the People’s Court

Article 80 (New) International Resolutions

Part X: Management and Inspection

Chapter 1: Management of National Heritage

Article 81 (amended) National Heritage Management Authorities

Article 82 (amended) Rights and Duties of the Ministry of Information, Culture and Tourism

Article 83 (amended) Rights and Duties of the Information, Culture and Tourism Departments

Article 84 (amended) Rights and Duties of Information, Culture and Tourism Offices at the District or Municipal Level

Article 85 (amended) Rights and Duties of the Village Managements

Article 86 (amended) Rights and Duties of Other Concerned Agencies

Chapter 2: Inspection of National Heritage

Article 87 (amended) Inspection Agencies for National Heritage

Article 88 Forms of Inspections

Part XI: Awards for Good Performance and Measures Against Violators

Article 89 (amended) Awards for Good Performance

Article 90 (amended) Measures against Violators

Part X: Final Provisions

Article 91 Implementation

Article 92 Effectiveness


Lao People’s Democratic Republic

Peace Independence Democracy Unity Prosperity

----------------------------

President   No.: 062/P
  Vientiane Capital, dated 28 January 2014

                                                                                                                  

DECREE

of the

PRESIDENT

of the

LAO PEOPLE’S DEMOCRATIC REPUBLIC

 

On the Promulgation of the Law on National Heritage (Amended)

_____________________

- Pursuant to Chapter VI, Article 67, Point 1 of the Constitution of the Lao People’s Democratic Republic;

- Pursuant to Resolution No. 022/NA, dated 24 December 2013; and

- Pursuant to Proposal No. 014/NASC, dated 23 January 2014 of the National Assembly Standing Committee.

The President

of the Lao People’s Democratic Republic hereby issues the Presidential Decree:

Article 1          The Law on National Heritage (Amended) is hereby promulgated.

Article 2          This Presidential Decree is effective from the date of signature.

 

President of the Lao PDR

 [Signature and seal]

 

Choummaly SAYASONE

 

 

Lao People’s Democratic Republic

Peace Independence Democracy Unity Prosperity

-------------------------

National Assembly    No.: 022/NA    
   

                                                                                         

RESOLUTION

of the

NATIONAL ASSEMBLY

of the

LAO PEOPLE’S DEMOCRATIC REPUBLIC

On the Adoption of the Law on National Heritage

(Amended)

_____________________

      Pursuant to Item 2, Article 53 of the Constitution and Item 1, Article 3 of the Law on the National Assembly of the Lao People’s Democratic Republic on the rights and duties of the National Assembly (NA);

After the 6th Ordinary National Assembly’s Session of the VII Legislature have considerably and thoroughly considered the contents of the Law on National Heritage (Amended) in the afternoon session on 24 December 2013.

The Session hereby decides:

 

Article 1          To adopt the Law on National Heritage (Amended) by majority vote.

Article 2          This Resolution is effective from date of signature.

 

Vientiane Capital, dated 24 December 2013

President of the National Assembly

 

 

[Signature and seal]

Pany YATHOTOU

 


 

Lao People’s Democratic Republic

Peace Independence Democracy Unity Prosperity

-------------------------

National Assembly        No.: 44/NA
  Vientiane Capital, dated 24 December 2013

 LAW ON NATIONAL HERITAGE (Amended)

Part I

General Provisions

 

Article 1 (amended)   Objective

The Law on National Heritage determines the principles, regulations and measures for the Management, use, protection, conservation, restoration, [and] rehabilitation of the national heritage to preserve the value of the national cultural, historical and natural heritage, with the aims of educating citizens with a conscious love for their nation and fine national traditions that are assuring elements for prosper sustainability of the nation, regional and international integration, and participation in the national socio-economic development.

Article 2 (amended)   National Heritage

National Heritage [refers to items] produced by mankind or formed by nature that have outstanding cultural, historical or natural value, thereby becoming precious assets [and] property of the Lao national community which are adopted as local, national, regional or world heritage.

National heritage consists of cultural, historical and natural heritage existing in the form of tangible objects, intangible items, moveable or immoveable property, and living or non-living organisms, reflecting3 the history of the Lao nation [and] the Lao people in each different era.

National heritage includes items existing in the country and abroad.

Article 3 (amended)   Definitions

The terms used in this law shall have following meanings:

  1. National cultural and historical heritage means tangible objects, intangible items, moveable property and immoveable property which are of high outstanding value from the point of view of culture, history, science or technology, thereby becoming national property, and which have been inherited from generation to generation in different eras;
  2. National natural heritage means the heritage formed by nature which is alive or not alive, and of outstanding value from the point of view of landscape scenery, biodiversity of a pure nature and aesthetics.
  3. National icons means tangible objects, intangible items, moveable property and immoveable property which are special, rare, and unique to the nation from the point of view of culture, history, and nature;
  4. Historical trails means the sites, architectural works, and archaeological sites with archaeological objects, which are of high outstanding value from the point of view of culture, history and science;
  5. Archaeological objects means the tangible products created by mankind evidencing the historical evolution of mankind’s society;
  6. Sources of archaeological objects means the places where the archaeological objects and historical evidence are found in a homogeneous group;
  7. Replica means a newly created object which is copied from an ancient object, which has similar characteristics, features, dimensions, colours, patterns, decorations and other specifications that are identical to the original pattern;
  8. Architectural works means artistic structures, which are outstanding from the point of view of culture and history, relating to ethnic livelihood practices, ancestors and national heroes;
  9. Protection of the national heritage means the protection from theft, destruction, burning, natural causes of damage or illegal use;
  10. Conservation of national heritage means preserving the cultural, historical, or natural value and the traits of national heritage against loss or deterioration;
  11. Restoration of the national heritage means the process of maintaining [and] protecting the forms, patterns, architecture and original details of buildings, [and] structures in accordance with a certain era by adding or recovering the missing parts to the originals;
  12. Rehabilitation of national heritage means restoration, [or] repair in order to return historical cultural objects or structures, [or] natural scenery to its original condition and unique character;
  13. Heritage sites means archaeological, anthropological, monumental, natural, and architectural places, which are of outstanding value from the point of view of culture, history, science or technology, [and] scenery, which have been inherited from generation to generation;
  14. Anthropological places means places, which are sacred to the people, relating to their religions, traditions and historical trails;
  15. Monuments means places that are memorials to glorious ancestors and the heroic liberation movements and struggle of the multi-ethnic Lao people in the protection and development of the nation, [serving to remind] future generations;
  16. Museums means places for restoring, conserving and exhibiting articles relating to culture, history, nature, science and society for domestic and foreign research, education, study tours, [and] tourism;
  17. Precious property means highly valuable, outstanding and rare property.

Article 4 (amended) Government Policy on National Heritage works

The government promotes the protection and conservation of the national heritage side by side with the socio-economic development.

The government promotes and creates the conditions for individuals, legal entities and organizations within the country and abroad to contribute to and participate in the provision of data, protection, conservation, restoration and rehabilitation of the national heritage in a sustainable manner.

The Government promotes research, innovation and advancement regarding national heritage, and publicises5 the national and public value of national heritage, meanwhile restricting [and] eliminating obstructions to the advancement of the multi-ethnic people and of the nation.

The Government recognizes and protects property constituting national heritage that belongs to individuals, legal entities and organizations that has been lawfully registered.

Article 5 (new) Basic principles regarding National Heritage

The works regarding National Heritage must follow the following basic principles:

  1. Education, survey, extraction, collection, gathering, research, analysis, creativity [and] dissemination must ensure the sustainability of the nation, and be pushing factors for the development, wealth and strength of the nation;
  2. Management, protection and conservation of national heritage must be in line with concepts, policies, regulations [and] laws of the Government, and alongside with the socio-economic development;
  3. Rehabilitation of national heritage must ensure national identity, public agreement and advancement, and limit or solve obstructions to the advancement of the multi-ethnic people and of the nation.
  4. Resolution of conflicts regarding national heritage must ensure fairness [and] transparency, and be auditable.
  5. Protection, conservation and promotion of the value of national heritage must require participation of people, government agencies, Lao National Front for Construction, civil organizations, and economic sectors.

Article 6 (amended)   Obligations of Citizens

Lao citizens, aliens, and foreigners residing in the Lao PDR shall have the obligation to the protection, conservation, restoration and rehabilitation of the national heritage.

Foreigners, tourists entering the Lao PDR, and Lao people residing abroad shall also have the obligation to participate in the protection and conservation of the national heritage.

Article 7 (new) Scope of Application of this Law

This Law applies to individuals, legal entities and organizations that undertake the works relating to cultural, historical and natural national heritage in Lao PDR.

Article 8 (amended)   International Cooperation

The Government promotes international and regional relations and cooperation regarding national heritage in the exchange of lessons, information, scientific research, [and] technical training, in the dissemination of culture, in exhibitions, in attracting funds, [and] in implementing international agreements and conventions to which Lao PDR is the party.

Part II

Types of National Heritage

Chapter 1

Cultural Heritage

 

Article 9 Types of Cultural Heritage

Cultural heritage consists of:

  1. Cultural heritage in tangible objects;
  2. Cultural heritage in intangible items.

Article 10 (amended) Cultural Heritage in Tangible Items

The cultural heritage in tangible items refers to [items of] tangible heritage which are of high outstanding value from a cultural point of view, including in the form of moveable or immoveable property with unique character, namely: production tools, handicrafts, consumer goods, foods, artistic works, traditional music instruments, ancient inscriptions, antiques, archaeological sites, anthropological sites and others.

Article 11 Cultural Heritage in Intangible Items

The cultural heritage in intangible items refers to [items of] intangible heritage which are of high outstanding value from a cultural point of view, such as: local innovation, knowledge, public philosophies, beliefs, fine traditions which are expressed in livelihood practices, social behaviour, languages, alphabets, numbers, scripts, legends, novels, proverbs, poems, traditional music, traditional dances, songs, melodies, folk songs, formulas of traditional medicine and others which are inherited from generation to generation.

Chapter 2

Historical Heritage

Article 12 Types of Historical Heritage

Historical heritage consists of two types:

  1. Historical heritage in tangible objects;
  2. Historical heritage in intangible items.

Article 13 (amended) Historical Heritage in Tangible Objects

The historical heritage in tangible objects refers to [items of] tangible heritage which are of high outstanding value from a historical point of view, including in the form of moveable or immoveable property, namely: places of worship, sacred buildings, military equipment, vehicles, consumer goods, foods, documents of record, historical sites such as: battle fields, monuments, places of liberation and struggle of the people, heroic ancestors and revolutionary leaders.

Article 14 Historical Heritage in Intangible Items

The historical heritage in intangible items refers to [items of] conceptual12 heritage which are connected with the history in different eras and generations, such as: ideas, theories, ideologies which express love for the nation and unyielding bravery13, innovative knowledge, capability, strategies, martial arts and tactics, warfare lessons, [and experiences gained from] the leadership, Management and development of the nation.

Chapter 3

Natural Heritage

Article 15 Types of Natural Heritage

Natural heritage consists of two types:

  1. Natural heritage having scenic value;
  2. Natural heritage having ecological or scientific value.

Article 16 Natural Heritage Having Scenic Value

Natural heritage having scenic value refers to heritage [areas] which have outstanding aesthetic value, [or] are pure in biodiversity, namely: national conservation forests, biodiversity conservation areas, natural caves, waterfalls, rapids, cascades, streams, islands, mountains, cliffs, aquatic and wild animals, lakes, marshes, canals, ponds, and others.

Article 17 (amended) Natural Heritage Having Ecological or Scientific Value

Natural heritage having ecological or scientific value refers to heritage [areas] which have precious natural value, and which are significant, [and] outstanding from the point of view of geology, biology and geography mainly minerals, floras, faunas, mountains, cliffs, [and] forests.

Part III

National Heritage and National Icons

Chapter 1

Levels of National Heritage

Article 18 (amended) Levels of National Heritage

The national heritage is divided into four levels:

  1. Local level;
  2. National level;
  3. Regional level;
  4. World level.

Article 19 (amended)  National Heritage at Local Level

National heritage at local level refers to heritage which are of outstanding cultural, historical and natural local value arose and situated in that local area, such as: Prathat Inghang, Prabat Phon San, Prathat Sikhottabong, Piew cave, standing cliffs, hot springs, traditional music, songs and dances.

Article 20 (amended) National Heritage at National Level

National heritage at national level refers to heritages which are of outstanding cultural, historical and natural national value arose and situated in an area of Lao PDR, and which have become the heritage of the national community, such as: Plain of Jars, That Luang, Wat Xieng Thong, Viengxay district cave, Khon Phapheng, Li Phi, Lao Lumvong dances, Sang Sinh Say and Seosavath novels.

Article 21 (amended) National Heritage at Regional Level

National heritage at regional level refers to heritages which are of outstanding cultural, historical and natural national value arose and situated in an area of Lao PDR, and which have been adopted by the United Nations Educational, Scientific and Cultural Regional Organization, such as: national conservation forests.

Article 22 (amended) National Heritage at World Level

National heritage at world level refers to heritages which are of outstanding cultural, historical and natural national value arose and situated in an area of Lao PDR, and which have been adopted by the United Nations Educational, Scientific and Cultural Organization, such as: Luang Prabang City, Wat Phou Champasack.

Chapter 2

National Icons

Article 23 (amended) The Importance of National Icons

Natioal icons include [items of] national heritage which are special, rare, unique to the nation and sacred, which Lao people shall pay attention to protect [and] conserve for sustainable15 existence with the country.

Article 24 (amended) Types of National Icons

National icons are classified into tangible objects, intangible items, moveable property or immoveable property, such as: Prabang, That Luang Vientiane, Haw Pha Keo, Wat Sisaket, Wat Xieng Thong, twelve traditions and fourteen cultures, and others.

Part IV

Management, Use, Protection, Conservation, Restoration and Rehabilitation of Cultural and Historical National Heritage

Chapter 1

Management of Cultural and Historical National Heritage

Article 25 (amended) Management

Cultural and historical national heritage throughout the country are managed by registering, and by dividing management among central and local administrations, including representative offices of the Lao PDR abroad.

The Government administers [and] protects the property and copyright [subsisting in items of] Lao cultural and historical national heritage that belong to individuals, legal entities or organizations which are inside or outside the territory of the Lao PDR, which are in the illegitimate possession of other countries, or [in respect of which foreign countries have illegitimately asserted] copyright.

Management of national heritages that are adopted and registered as regional and world heritage is set out in separate regulations.

Article 26 (amended) Registration

National cultural and historical heritage which are possessed by individuals, legal entities or organizations shall be registered.

The Government conducts surveys, and collects the heritage to evaluate, classify and register, while encouraging possessors of heritage to propose them for registration in accordance with the following regulations:

  1. National heritage at the local level shall be registered with the information, culture and tourism departments at provincial or city level;
  2. National heritage at the national level shall be registered with the Ministry of Information, Culture and Tourism;
  3. National heritage at regional level and world level shall be registered with the concerned international organizations based on the proposal of the government of the Lao PDR;
  4. National heritage that is in the possession of the representative offices of the Lao PDR abroad shall be registered with the Ministry of Information, Culture and Tourism, and the concerned sector;
  5. National heritage which are national icons shall be registered with the Ministry of Information, Culture and Tourism.

After registration, the Government recognizes these [items of] heritage as national heritage, and also recognizes the right of possession of the owners of these [items of] heritage.

In the event that the [items of] heritage are not registered, the owners of these [items of] heritage are not entitled to conduct any activities relating to these [items of] heritage, such as: displaying them in exhibitions, making replicas and others.

National heritage [items] at national level that are researched and certified that they have high value, are rare and are of unique national character shall be proposed for registration of ownership and copyright in the name of the nation with relevant international organisations.

Article 27 (new) Registration Process

Registration process shall follow below steps:

  1. Submission of application for registration;
  2. Consideration for registration;
  3. Storage of registration documents;
  4. Modification to, cancellation of and objection to the registration.

Article 28 (new) Submission of application for registration

Individuals, legal entities or organizations intending for registration must submit an application to information, culture and tourism sectors through relevant local administrations. For remote areas, application can be submitted to village authorities of residence of the applicant, in accordance with applicable regulations for registration.

Article 29 (new) Consideration for registration

After an application is received, relevant information, culture and tourism sectors must consider such application within no more than 90 days from the date of receipt.

Application and registration must follow registration regulations laid out by Ministry of Information, Culture and Tourism.

Article 30 (new) Storage of registration documents

Registration documents regarding all types of national heritage must be stored safely in a specific room to avoid loss damage and destruction.

Article 31 (new) Modification to, cancellation of and objection to the registration

A person, who notices that a registration is not rightful, has the right to request to information, culture and tourism sectors where such person resides to modify or cancel. In the event that such sectors do not consider [the request of that person], such person has the right to resort to a court in order to modify or cancel such registration.

For registration that affects the right and benefit of another person, such person has the right to object the registration and relevant sectors shall consider the matter in accordance with applicable regulations and laws.

A sector noticing that its registration is not rightful, has the right in its capacity to modify or cancel the registration within fifteen days from the date of notice.

Modification to, cancellation of and objection to the registration shall be considered within thirty days from the date an application is received.

Article 32 (amended) Replicas

A replica is a new object created by copying the pattern, colour, design of the original heritage.

Authorization to replicate all types of national heritage is stipulated in separate regulations. 

Article 33 (amended) New Creations

Individuals, legal entities or organizations intending to create or sculpture new items at national level such as monuments, sculptures of ancestors, leaders, national heroes, religious places, Buddha shall obtain approval from the Government.

For new creation and sculpture at local level including the sculpting of an individual’s ancestors, approval shall be obtained information, culture and tourism sectors, in coordination with concerned authorities.

Article 34 (amended) Exhibition

There are three main types of exhibition of national heritage:

  1. Exhibitions open to the public;
  2. Exhibitions for the purpose of obtaining contributions for the protection, restoration and rehabilitation [of the national heritage];
  3. Exhibitions for commercial purpose.

The exhibition of national heritage may be conducted within the country or abroad.

The exhibition of national heritage within the country shall require the approval of the information, culture and tourism sector, after coordination with other sectors and concerned local administrations.

The exhibition of national heritage abroad shall require the approval of the government, by a proposal through the Ministry of Information, Culture and Tourism.

Article 35 (amended) Seen, found and Discovery

Individuals, legal entities or organizations that, during the conduct of any activities, see, find and discover any national heritage shall immediately report to the local administrations and the concerned information, culture and tourism sector, and shall suspend such activities until approval for continuation or non-approval is granted.

Individuals, legal entities or organizations that have seen, found or discovered sites, received information on existing sites, or suspect that any [item of] national heritage or holy relic exists, shall immediately report to the local administrations and the information, culture and tourism sector, and shall be prohibited from exploring or moving them without approval.

Article 36 (amended) Research and Analysis

Domestic or foreign individuals, legal entities or organizations are promoted to conduct research and analysis on the national cultural and historical heritage by granting different policies in accordance with regulations and laws.

The research and analysis of such national heritage shall require approval from the information, culture and tourism sector.

The individual, legal entity or organization intending to cooperate with foreign countries to conduct such research and analysis shall obtain approval from the Ministry of Information, Culture and Tourism.

The original record of the data and the results of such research and analysis shall be handed over to the information, culture and tourism sector for storage and publication, in accordance with regulations.

Article 37 (amended) Export for Analysis

The export to other countries for analysis of objects of high value or parts thereof that constitute part of the national cultural and historical heritage shall require the approval of the Government based on a proposal of the Ministry of Information, Culture and Tourism.

Article 38 (amended) Import, Publication, Display or Distribution

The importation, publication, display or distribution of cultural products of other countries shall be examined and approved by the information, culture and tourism sector.

Tangible cultural products of other countries, especially Buddha, or intangible items that contradict the culture, [or] fine national traditions of Laos will not be permitted to be imported, published, displayed or distributed in any case.

Article 39 (amended) Transfer

The ownership of [items of] national cultural and historical heritage which are registered may be transferred or licensed to other people in accordance with applicable regulations and laws, but the transferee shall notify the information, culture and tourism sector where the [item of] heritage is registered within thirty days from the date of transfer.

Article 40 (amended) Purchase and Sale

Any individual, legal entity or organization intending to purchase or sell any national cultural and historical heritage shall obtain approval from the information, culture and tourism sector. In the case where such national cultural and historical heritage has high outstanding value, the State shall have priority to buy such heritage at an agreed price.

The Government does not permit the sale of national heritage out of the country. For the exchange between governments, prior approval of the government shall be obtained.

Article 41 (amended) Succession

National cultural and historical heritage which are registered may be transferred to a successor, provided that the successor shall notify the information, culture and tourism sector where the [item of] national heritage is registered within sixty days from the date of succession. In the event that there are many successors, one person shall be assigned in writing as the representative to make such notification.

Chapter 2

Use of Cultural and Historical National Heritage

Article 42 (amended) Purpose of Use

The use of national cultural and historical heritage has the following purposes:

  1. As the basis for national prosperity, as the driving force for social expansion, and for the development of a strong and wealthy nation;
  2. To educate citizens to love their nation, to be unified and proud of historical efforts, to be creative, to bravely struggle, and to be united as one with the multi-ethnic Lao people in the protection and development of the nation;
  3. To increase the wealth of the store of national cultural and historical heritage;
  4. To promote the tourism industry;
  5. To integrate with the use of regional and international cultural and historical heritage;
  6. To conduct research on archaeological science, history and others.

Article 43 (amended) Use

The use of national cultural and historical heritage shall comply with the purpose, be in an effective manner; maintain their original conditions, and be in a sustainable manner. The revenue from the national heritage shall be used for the development of national heritage.

Chapter 3

Protection, Conservation, Maintenance and Restoration of National Cultural and Historical Heritage

 

Article 44 (amended) Protection and Conservation of National Cultural and Historical Heritage in Tangible Objects

In the protection and conservation of national cultural and historical heritage in tangible objects, individuals, legal entities or organizations shall:

  1. assess the effect of damage to the national cultural and historical heritage, and determine preventive and corrective measures appropriately and timely;
  2. pursue socio-economic development, in particular industrial, agricultural and infrastructural development, in [national cultural and historical heritage] areas or in places where it is suspected that there is any national cultural and historical heritage shall obtain prior approval from the information, culture and tourism sector, including determination of measures to protect such heritage from damage;

Article 45 (amended) Area of Heritage Sites

The area of heritage sites is divided into four zones:

  1. Zone 1 is the central area, where the heritage is located, which must be protected in its original circumstances and where no construction is permitted;
  2. Zone 2 is the area surrounding the central area, where some activities are permitted to increase the value of zone 1, provided that no damage shall be caused to that surrounding area;
  3. Zone 4 is the buffer area, where construction is permitted to protect and facilitate zone 1 and zone 2 for accommodation of development, tourism and transportation;
  4. Zone 4 is the administrative area where construction is permitted to serve zones 1, zone 2 and zone 3 for expansion of cities and for accommodation of tourism.

Management of area of heritage site is provided in specific regulations.

Article 46 (amended) Protection of Heritage Sites

Areas of heritage sites must be protected so that they are not encroached, destroyed or damaged by human or natural causes.

In the event of encroachment or destroy, individuals, legal entities or organizations must stop it and implement immediate measures in coordination with the local administration where the heritage is located, followed by notification to the information, culture and tourism sector.

Article 47 (amended) Maintenance, Restoration and Rehabilitation

The maintenance, restoration and rehabilitation of national cultural and historical heritage is to restore and repair a destroyed and degraded heritage in a good condition, and to maintain original characteristics. 

Individuals, legal entities and organizations are involved in the maintenance, restoration and rehabilitation of national cultural and historical heritage.

The maintenance, restoration and rehabilitation of such national heritage shall be approved by information, culture and tourism sector where the heritage situates.

The maintenance, restoration and rehabilitation of all types of national heritages are provided in separate regulations.

Article 48 (amended) Conditions for Maintenance, Restoration and Rehabilitation

The maintenance, restoration and rehabilitation of national cultural and historical heritage shall be carried out with following conditions:

  1. There must be a specific enterprise or enterprises, which are lawfully registered, meet the conditions, and with expertise technicians to perform the maintenance, restoration and rehabilitation of national cultural and historical heritage;
  2. The performance of work shall be approved by the heritage administrative agency where the heritage is registered. For national cultural and historical heritage at the national, regional and world levels, approval shall be obtained from the Ministry of Information, Culture and Tourism;
  3. The original character of the [items of] national heritage shall be maintained.

Article 49 (amended) Protection and Conservation of National Heritage in the Form of Intangible Items

National Heritage in the form of intangible items must be registered, protected and conserved.

The protection and conservation of national cultural and historical heritage in the form of intangible items shall be undertaken simultaneously with its promotion, publication and wide use in domestic and foreign contexts;

The nature of research and creation shall be national, public, and advanced;

Expatriates and foreigners, including their organizations, and international organizations intending to conduct research and analysis on the national cultural and historical heritage in the form of intangible items shall perform [such research and analysis] in accordance with the reality of that heritage, shall obtain approval from the Ministry of Information, Culture and Tourism, and shall maintain original characteristics of such heritage;

The conservation of national cultural and historical heritage in the form of intangible items is provided in separate regulations.

Part V

Management, Use, Protection, Conservation and

Restoration of Natural National Heritage

Chapter 1

Management of Natural National Heritage

Article 50 (amended) Management of Natural National Heritage

Natural national heritage throughout the country are administered by registering, and by dividing management among central and local administrations, and among relevant sectors such as information, culture and tourism sector, natural resources and environment sector, and agriculture and forestry sector.

The Government administers and protects the property and copyright [subsisting in items of] natural national heritage that belong to individuals, legal entities or organizations which are inside the country.

Management of natural national heritages that are adopted and registered as regional and world heritage, is set out in separate regulations.

Article 51 (amended) Registration of Natural National Heritage

National natural heritage which is possessed by individuals, legal entities or organizations shall be registered.

The Government conducts surveys, and collects the [items of] natural heritage in areas such as landscape and biodiversity areas to evaluate, classify and register [them], while encouraging possessors of natural heritage [items] to propose them for registration in accordance with the following regulations:

  1. National natural heritage at the local level shall be registered with the information, culture and tourism departments at provincial or city level;
  2. National natural heritage at the national level shall be registered with the Ministry of Information, Culture and Tourism;
  3. National natural heritage at regional level and world level shall be registered with the concerned international organizations based on the proposal of the government of the Lao PDR;

After registration, the Government recognizes these [items of] heritage as national natural heritage, and also recognizes the right of possession of the owners of these [items of] heritage.

In the event that the heritage is not registered, the owners of these [items of] heritage are not entitled to conduct any activities relating to these [items of] heritage, such as: making replicas and others.

National natural heritage at national level that are researched and certified that they have high value, are rare and are of unique national character shall be proposed for registration of ownership and copyright in the name of the nation with relevant international organizations.

Article 52 Management of Sources of Biodiversity

Sources of biodiversity which are national natural heritage, such as: wetlands, ponds and marshes, shall be administered by inspection and registration, as proposed by the concerned sectors.

Article 53 Management of Conservation Forests

Conservation forests that have been registered as national natural heritage shall be administered for the purpose of protecting nature in a sustainable [and] rich manner.

Article 54 Management of National Parks

National parks, which are full of richness in respect of the ecosystem and their clean and aesthetic attraction, and which have become national natural heritage shall be administered as places for relaxation and for domestic and foreign tourists.

Article 55 (amended) Management of Natural Landscape Scenery

Areas with natural landscape scenery, which are of value from the point of view of natural and aesthetic scenery and are outstanding, including mountains, cliffs, forests, rivers, streams, waterfalls and others, shall be registered as national natural heritage and shall be administered for the sustainable preservation of their aesthetic nature.

The Management of the natural heritage is set out in separate regulations.

Chapter 2

Use, Protection, Conservation, Restoration and

Development of National Natural Heritage

Article 56 (amended) Purpose of the Use

The use of national natural heritage has the following purposes:

  1. As the basis for national prosperity, as the driving force for social expansion, and for the development of a strong and wealthy nation;
  2. To educate and to raise awareness for citizens to love their nation, to be proud, and to be cautious in the protection of environment sustainably and in the development of the nation wealthily;
  3. To increase the wealth of the store of national cultural and historical heritage;
  4. To promote the natural tourism industry;
  5. To conduct research on nature, biodiversity and others.

Article 57 (amended) The Use

Use of national natural heritage shall:

  1. Be consistent with the national socio-economic development plan;
  2. Be effective, sustainable, and cause no harmful effects to the natural environment and to society;
  3. Be in accordance with laws and regulations.

Article 58 (amended) Protection and Conservation of National Natural Heritage

In the protection and conservation of national natural heritage, individuals, legal entities or organizations shall:

  1. assess the effect of damage to the national natural heritage, and determine preventive and corrective measures appropriately and timely;
  2. pursue socio-economic development, in particular industrial, agricultural and infrastructural development, in national natural heritage areas, and shall obtain prior approval from the information, culture and tourism sector, including determination of measures to protect and maintain such heritage from intrusion and damage;

Article 59 (new) Restoration

The restoration national natural heritage is to restore and repair a destroyed and degraded heritage in a good condition, and to maintain health biodiversity.

Individuals, legal entities and organizations are involved in the restoration of national natural heritage.

The maintenance, restoration and rehabilitation of such national heritage shall be approved by information, culture and tourism sector where the heritage situates.

The restoration of such national heritage must be approved by information, culture and tourism sector where the heritage is registered.

Article 60 (amended) Conditions for Restoration of National Natural Heritage

The restoration of national natural heritage shall be carried out with following conditions:

  1. There must be a specific enterprise or enterprises, which are lawfully registered, meet the conditions, with sufficient fund, and with expertise technicians to perform the restoration of national natural heritage;
  2. The performance of work shall be approved by the heritage management authorities where the heritage is registered. For national natural heritage at the national, regional and world levels, approval shall be obtained from the Ministry of Information, Culture and Tourism;
  3. The original scenery and biodiversity shall be maintained in a stable and esthetic manner.

Article 61 (amended) Development

The development of national natural heritage is to make the heritage sustainable, abundant and richer as the basis for national socio-economic development, [and] for research and study, [and] to promote the maximum value of such heritage, while at the same time extending the potential of the heritage, serving to tourism and protect the natural environment throughout the country, and contributing to national protection and development.

Part VI

Museums

Article 62 Types of Museums

Museums are divided into three types as follows:

  1. Government museums;
  2. Collective museums;
  3. Private museums.

Article 63 (amended) Government Museums

Government museums include:

  1. The national museums, which are places for storing, collecting, studying, researching, analyzing, conserving, protecting, registering, exhibiting, and disseminating precious and outstanding objects throughout the country;
  2. The sectoral museums, which are places for storing, exhibiting, conserving and preserving precious and outstanding objects relating to the concerned sector;
  3. The local museums, which are places for storing, exhibiting, conserving and preserving precious and outstanding objects existing in that local area.

Article 64 (new) Collective Museums

Collective museums are places for storing, exhibiting, conserving and preserving precious and outstanding objects of associations, communities, cooperatives and collectives in that area.

Article 65 (new) Private Museums

Private museums are places for storing, exhibiting, conserving and preserving private and family articles.

Article 66 (amended) Conditions for Establishment of Museums

The establishment of museums shall meet the following conditions:

  1. There shall be adequate numbers of articles that are of precious value in culture, history, nature, science, [or] technology for exhibition;
  2. Places for exhibition and storage must be secure and appropriate;
  3. There shall be knowledgeable experts on museology or other related fields;
  4. There shall be sufficient fund.  

Article 67 (new) Approval to Establish Museums

The establishment of museums shall be approved in the following cases:

  1. National museums shall be approved by the Government, based on the proposal of the Ministry of Information, Culture and Tourism;
  2. Sectoral and local museums shall be approved by the Ministry of Information, Culture and Tourism, based on the proposal of the concerned sector or local administration;
  3. Collective and private museums shall be approved by the provincial governors or city mayors, based on the proposal of the information, culture and tourism departments.

Article 68 (new) Management of Museums

All types of museums shall be administered in a way that they are places for educating, researching, analyzing, conserving, protecting, registering, exhibiting and disseminating [objects] both in the country and abroad.

Administrative regulations for museums are defined separately. 

Part VII

National Heritage Fund

Article 69 (new) National Heritage Fund

National heritage fund is a fund established to assure the national heritage works mainly the Management, protection, conservation, restoration and rehabilitation of national heritage in a sustainable and developed manner.

Article 70 (amended) Sources of National Heritage Fund

National heritage fund shall be derived from:

  1. The Government budget;
  2. The revenue from the use of national heritage such as: entrance fees, video shooting fees for commercial purpose, and fees for research and analysis of national heritage;
  3. Obligation of other parties for activities that relates to national heritage;
  4. The contribution and assistance of individuals, legal entities and organizations within the country and from abroad;
  5. Income from activities relating to national heritage and others.

Article 71 (amended) Management and Use of the National Heritage Fund

The Management and use of the national heritage fund shall be centrally through one-stop service, ensure transparency, be auditable, in line with the purpose of Article 69 of this law, in accordance with the Law on Government Budget, and other relevant laws.

The Management and use of such fund is defined separately.

Part VIII

Prohibitions

Article 72 (new)         General Prohibitions

Individuals, legal entities or organizations are prohibited to behave as follows:

  1. To destroy Buddha, archeological places, anthropological places, [and] historical places. To intrude and encroach conservation land for national heritage. To modify original status of heritage into other status. To misinterpret historical contents;
  2. To arrange a concession of national cultural and historical heritage at national level without approval;
  3. To use national heritage areas such as: heritage sites, historical places, for a purpose to alter original status;
  4. To copy research results and creations of others related to national heritage, and claim its copyright, or to disseminate them without permission of copyright owners or concerned parties;
  5. To destroy national forest conservation areas or extract natural resources on the ground surface, underground, under water [and] within national heritage areas. To intrude and encroach biodiversity conservation areas, national parks and scenery landscapes including alteration of original status of the national heritage;
  6. To import, distribute and disseminate foreign cultural products in tangible forms specifically Buddha, or in intangible forms which are not appropriate to the culture and tradition of Laos;
  7. To behave in conflict with regulations and laws.

Article 73 (new) Prohibitions for staffs responsible for national heritage and museum works

Staffs that are responsible for national heritage and museum works, are prohibited to behave as follows:

  1. To take advantage of their positions to gain personal benefits form the national heritage and museum works;
  2. To abuse their powers that result in the damage to the rightful State, communal and people’s benefits;
  3. To neglect their duties and responsibilities related to national heritage and museum works as assigned to them;
  4. To disclose confidentiality of the Government and official confidentiality related to national heritage and museum works;
  5. To falsify documents related to national heritage and museum works;
  6. To conduct or engage in business related to national heritage and museum works;
  7. To destroy evidence data. To hide revenue for personal gains. To give or receive, request or ask for bribes. To cooperate with other persons to hide wrongful actions related to national heritage and museum works;
  8. To replace, exchange or take away national heritage;
  9. To propagate in a way to misinterpret the content, scope of work, object buy and sale, and products related to national heritage;
  10. To collect fees and services fees that are not in line with regulations;
  11. To copy and replicate objects or products related to national heritage without approval;
  12. To behave in conflict with regulations and laws.

Article 74 (new) Prohibitions for Individuals, Legal entities and other Organizations

Individuals, legal entities and other organizations are prohibited to behave as follows:

  1. To libel, force, threaten, use forces and refer to a name of other persons in front of concerned staffs to gain personal or group’s benefits related to national heritage works;
  2. To conduct a national heritage design business without approval;
  3. To prevent concerned staffs from performing their duties;
  4. To deny to provide information, to cooperate in concealing, and to delay research in relation to national heritage works;
  5. To behave in conflict with regulations and laws.

Part IX

Conflict Resolutions

Article 75 (new) Forms of Conflict Resolution  

Conflicts concerning national heritage could be resolved by one of the following forms of resolution:

  1. Amicable settlement or mediation;
  2. Administrative resolution;
  3. Resolution by the Economic Resolution Organization;
  4. Petition to the People’s Court;
  5. International resolution.

Article 76 (New) Amicable Settlement or Mediations

In the event of dispute related to national heritage, the parties can solve [the dispute] by amicable settlement or mediation.

Article 77 (New) Administrative Resolutions

In the event of dispute related to national heritage, the parties can submit [the dispute] to Ministry of Information, Culture and Tourism for consideration in accordance with regulations and laws.

Article 78 (New) Resolutions by the Economic Resolution Organization

In the event of dispute related to conduct of business regarding national heritage, the parties can submit [the dispute] to the Economic Resolution Organization for consideration in accordance with regulations and laws.

Article 79 (New) Petition to the People’s Court

In the event of dispute related to national heritage, the parties can submit [the dispute] to the People’s Court for court decision in accordance with regulations and laws.

Article 80 (New) International Resolutions

Any dispute related to national heritage at international level shall follow international agreements and conventions that Lao PDR is a party.

Part X

Management and Inspection

Chapter 1

Management of National Heritage

Article 81 (amended) National Heritage Management Authorities

The Government centrally and uniformly administers the national heritage throughout the country by assigning tasks to the Ministry of Information, Culture and Tourism as the focal point, in coordination with concerned sectors and with concerned local administrations.

The national heritage management authorities are as follows:

  1. The Ministry of Information, Culture and Tourism;
  2. The information, culture and tourism departments at the provincial and city level;
  3. The information, culture and tourism offices at the district and municipal level;
  4. The village administrations.

In case of necessity, national world heritage committee, local heritage committee, and provincial world heritage departments or offices where national heritage does exist and is adopted as world heritage, could be established

Article 82 (amended) Rights and Duties of the Ministry of Information, Culture and Tourism

In the Management of the national heritage, the Ministry of Information, Culture and Tourism shall have following main rights and duties:

1. To conduct research, lay down policies and strategies, and draft laws on the national heritage for Government’s consideration;

2. To disseminate and educate on the policy directives, laws and regulations relating to the national heritage;

3. To mobilize fund and develop budget plan to be spent for national heritage works;

4. To supervise surveys, gather data, analyze, [and] explore each type of national heritage;

To be directly responsible for national, regional, and world heritages;

5. To supervise, encourage, monitor, [and] inspect the information, culture and tourism departments in their implementation of laws, regulations, plans, [and] projects on the national heritage;

6. To register and issue licenses relating to national heritage within its responsibility;

7. To build up, upgrade, train and use human resources relating to national heritage;

8. To extend relations and cooperation with foreign countries, regional and international organizations on activities relating to national heritage;

To summarize, report and provide evaluations on the implementation of activities relating to national heritage to the government regularly;

9. To exercise other rights and perform other duties as regulated by laws and regulations.

Article 83 (amended) Rights and Duties of the Information, Culture and Tourism Departments

In the Management of national heritage, each information, culture and tourism department at the provincial or city level shall have following rights and duties under their responsibilities:

  1. To elaborate on the policies, regulations, laws, plans, [and] projects of the Ministry in its own regulations, plans, projects and implementation;
  2. To disseminate and educate on the policy directives, laws and regulations relating to the national heritage;
  3. To mobilize fund and develop budget plan to be spent for national heritage works;
  4. To conduct surveys, [and] gather data on the national heritage;
  5. To register and issue licenses relating to the national heritage;
  6. To supervise, [and] encourage the information, culture and tourism offices at district and municipal level in their implementation of administrative activities relating to national heritage;
  7. To be the focal point, in coordination with other concerned sectors, in the Management and implementation of activities relating to national heritage;
  8. To extend relations and cooperation with foreign countries, regional and international organisations on activities relating to national heritage as assigned to them;
  9. To summarise and provide evaluations on the implementation of activities relating to national heritage to its higher authority;
  10. To exercise other rights and perform other duties as regulated by laws and regulations.

Article 84 (amended) Rights and Duties of Information, Culture and Tourism Offices at the District or Municipal Level

In the Management of national heritage, each information, culture and tourism office at the district or municipal level shall have following rights and duties under their responsibilities:

  1. To implement regulations, laws, plans, [and] projects on national heritage;
  2. To disseminate and educate on the policy directives, laws and regulations relating to the national heritage;
  3. To mobilize fund and develop budget plan to be spent for national heritage works;
  4. To conduct surveys, gather data, [and] create lists of the national heritage;
  5. To provide comments relating to approval to conduct activities regarding national heritage;
  6. To coordinate with other concerned sectors in the Management and implementation of activities relating to national heritage;
  7. To summarise and provide evaluations on the implementation of activities relating to national heritage to its higher authority;
  8. To exercise other rights and perform other duties as regulated by laws and regulations.

Article 85 (amended) Rights and Duties of the Village Managements

In the Management of national heritage, each village administration shall have following main rights and duties:

  1. To administrate, protect, conserve, rehabilitate, use and implement activities related to national heritage within its area of responsibility;
  2. To conduct surveys, and create lists of the national heritage within its area of responsibility to propose to higher authorities for adoption;
  3. To summarise and report on the implementation of activities relating to the national heritage to its higher authorities.

Article 86 (amended) Rights and Duties of Other Concerned Agencies

In the Management of national heritage, other sectors mainly public works and transportation sectors, natural resources and environment sectors, agriculture and forestry sectors, energy and mines sectors, national defense – public security sectors, home affairs sectors, Lao Buddhist Fellowship Organization, Lao National Front for Construction, [and] civil society organizations shall have the right and duty to coordinate with the information, culture and tourism sector in accordance with their roles and responsibilities.

Chapter 2

Inspection of National Heritage

Article 87 (amended) Inspection Agencies for National Heritage

The inspection agencies for national heritage consist of:

  1. Internal Inspection Agencies which are the same agencies as the national heritage administrative agencies defined in Article 81 of this law;
  2. External Inspection Agencies which are National Assembly, Government Audit and Anti-corruption Organization, State Audit Organization, Lao Front for National Construction, civil society organizations, people and mass media.

The inspection agencies for national heritage shall have the following rights and duties:

  1. To inspect the implementation of budget, plans, projects, laws and regulations relating to the Management of national heritage, including international agreements and conventions to which Lao PDR is a party;
  2. To inspect the resolution of proposals by individuals, legal entities or organisations relating to national heritage;
  3. To request to audited targets to solve, improve and repair their performance of duties;
  4. To exercise other rights and perform other duties as stipulated by laws and regulations.

Article 88 Forms of Inspections

There are three forms of inspections of national heritage:

  1. Regular systematic inspections, which are carried out based on the operational plan, on a regular basis and at a specified time;
  2. Inspections with advance notification, which are inspections outside the operational plan in the event of necessity and of which notice shall be given in advance to the person inspected;
  3. Emergency inspections, which are emergency inspections without advance notice to the inspected person.

Part XI

Awards for Good Performance and Measures Against Violators

Article 89 (amended) Awards for Good Performance

Individuals, legal entities or organizations with outstanding performance in the implementation of this law mainly the Management, protection, conservation, restoration and development of national heritage will receive awards and other policies in accordance with regulations.

Persons who have seen, discovered, researched or given useful information on national heritage, in addition to receiving awards as defined in the above paragraph one, will also receive other benefits in accordance with the laws and regulations.

Article 90 (amended) Measures against Violators

Individuals, legal entities or organizations that violate the law will be educated, warned, disciplined, and fined, subject to civil liability or criminal punishment, as determined on a case by case basis.

Part XII Final Provisions

 

Article 91 Implementation

The government of the Lao People’s Democratic Republic is assigned to implement this law.

Article 92 Effectiveness

This Law is effective from the date of the promulgation by the President of the Lao People's Democratic Republic and fifteen days after posting on the Lao Official Gazette.

This Law replaces the Law on National Heritage No. 08/NA dated 9 November 2005.

Regulations and provisions that contradict with this shall be canceled.

 

President of the National Assembly

[Signature and seal]

 

Pany YATHOTOU



Download English:Law On National Heritage (Amended) No. 44/NA, dated 24 December 2013

Download Lao:Law On National Heritage (Amended) No. 44/NA, dated 24 December 2013