Contents
Article 3. Term interpretation
Article 4. Policies on Construction’s Activities
Article 5. Principles on Construction’s Activities
Article 6. Obligations of Citizens related to Construction’s Activities
Article 7.Scope of Applicability of the Law
Article 8. International Cooperation
PART II :Construction’s Activities
Chapter 1 :Type, Characteristic and Size of the Construction
Article 9. Type of the Construction
Article 10. Characteristics of the construction
Article 11. Sizes of the Construction
Article 12. Technical Norm, Technical Standard and the Unit’s Price on the Construction
Article 13. Construction’s Activities
Chapter 2 :Feasibility Study of the Construction Project
Article 14. Feasibility Study of the Construction Project
Article 15. Report on the Feasibility Study of the Construction Project
Article 16. Object of the Report on the Feasibility Study of the Construction Project
Article 17. Contents of the Report on the Feasibility Study of the Construction Project
Article 18. Approval of the Report on the Feasibility study of the Construction Project.
Article 19. Survey, Design of the Construction Project
Article 20. Procedures on the Survey, Design of the Construction Project
Article 21. Expectation of the Survey, Design of the Construction Project
Article 22. Approval of documents on the Survey, Design of the construction Project
Article 23. Determination on the use of Construction Materials
Chapter 4 :Construction’s Authorization
Article 24. Application for Construction Authorization
Article 25. Construction’s Authorization
Article 26. Conditions for the Person who Request for Construction Authorization
Article 27. Responsibilities of the Project’s Owner
Chapter 5 :Allotment of the Construction’s Area
Article 28. Requirements of the Allotment of the Construction Area
Article 29. Compensation for Damages
Article 30. The Use of the Construction Project Area
Chapter 6:Implementation of the Construction Project
Article 31. Requirements before the Implementation of the Construction Project
Article 32. Change of Construction Project Area
Article 33. Demolishment of Constructed Items
Article 34. Prevention for Safety
Chapter 7 :Supervision of the construction
Article 35. Supervision of the Construction
Article 36. Certification of the Correctness of Constructed Items
Article 37. Hand over of the Construction Project
Article 38. Rights and obligations of the Project’s Owner
Article 39. Right and Obligations of the Survey, Design, Construction materials Analysis Company
Article 40. Rights and Obligations of Construction Entrepreneurial Company
Article 41. Rights and Obligations of Consultancy Company
Chapter 8 :Maintenance and the Use of Constructed Items
Article 42. Maintenance of Constructed items
Article 43. Use of Constructed Items
PART III :Construction Business
Article 44. Form of Investment on Construction Business
Article 45. Application for Investment License on Construction Business
Article 46. Size of Construction Business
Article 47. Types of Construction Business
PART IV :Contract on the Construction
Article 48. Contract of Survey-Design, Supervision of the Construction
Article 49. Contents of the Survey- Design, Supervision of Construction Contract
Article 51. Construction’s Entrepreneurial Contract
Article 52. Contents of the Construction’s Entrepreneurial Contract
PART V :Professional Association on Construction
Article 54. Professional Association on Construction
Article 55. Location and Role of the Professional Association on Construction
Article 56. Rights and Duties of the Professional Association on the Construction
Article 58. Construction Engineers
Article 59. General Prohibitions
Article 60. Prohibitions for Officials and Relevant Officers
Article 61. Prohibitions for the Project’s Owner
Article 62. Prohibitions for Business Operations on the Construction
Article 63. Prohibitions for Consultancy Company, architects and construction’s Engineers
Article 64. Form of Dispute Resolution
Article 65. Mediation or Conciliation
Article 66. Administrative arrangement
Article 67. Resolution by the Economic Arbitration Committee
PART VIII :Management and Supervision of the Construction Activities
Article 69. Construction Activities Management Organization
Article 73. Rights and Duties of Village’s Administration Organization
Chapter 2 :Inspection of Construction Activities
Article 74. Inspection Organization of Construction Activities
Article 75. Rights and Duties of the Inspection Organization
Article 76. Contents of the Inspection
Article 77. Forms of Inspection
PART IX:Policies towards Productive Persons and Measures against Violators
Article 78. Policies towards Productive Persons
Article 79. Measures against Violators
Article 80. Educational Measures
Article 81. Disciplinary Measures
Unofficial Translation – Rely on Lao version for authoritative purposes
LAO PEOPLE’S DEMOCRATIC REPUBLIC
Peace Independence Democracy Unity Prosperity
National Assembly No 197/NA
RESOLUTION
Of the
National Assembly
Of the
LAO PEOPLE’S DEMOCRATIC REPUBLIC
On the Adoption of the Law on Construction
The Session decides that:
Article 1. The Law on Construction is adopted at qualified vote.
Article 2. This resolution shall enter into force on the date of its signing.
Vientiane Capital, 26 November 2009
President of the National Assembly,
(Seal and Signature)
Thongsing THAMMAVONG
Unofficial Translation – Rely on Lao version for authoritative purposes
LAO PEOPLE’S DEMOCRATIC REPUBLIC
Peace Independence Democracy Unity Prosperity
President of the State No 159/PO
Vientiane Capital, dated 16 December 2009
DECREE
Of the
PRESIDENT
Of the
LAO PEOPLE’S DEMOCRATIC REPUBLIC
On the Promulgation of the Law on Construction
The President
Of the Lao People’s Democratic Republic decrees that:
Article 1. The Law on Construction is hereby promulgated.
Article 2. This Decree shall enter into force on the date of its signature.
The President of the Lao PDR
(Seal and Signature)
Choummaly SAYASONE
Unofficial Translation – Rely on Lao version for authoritative purposes
LAO PEOPLE’S DEMOCRATIC REPUBLIC
Peace Independence Democracy Unity Prosperity
National Assembly No 05/NA
Vientiane Capital, date 26 November 2009
LAW ON CONSTRUCTION
General Provisions
The Law on Construction determines principles, rules and measures on the management, authorization, control, monitoring, inspection of construction’s activities in order to ensure the constructed items will have good quality, safety, economical, convenience, transparency and be consistent with urban plan, socio-economic development plan, proper to laws and regulations aiming to promote the construction’s development by using modern technique-technology, equally to the international standard, coordinate between the use of intelligence, domestic and foreign materials of construction, to preserve the national independence, protect the scenery, the beauty of the urban and contribute to the national socio-economic development.
A construction is the process for the implementation of all construction’s activities, the construction and repair by commencing from the feasibility study, survey, construction design, building and installation until the completion of the constructed items.
Different terms which are used in this law have the following meanings:
Article 4.Policies on Construction’s Activities
The state promotes all economic sectors both domestic and foreign to invest into the construction, repair, protection and constructed items according to laws and regulations.
The State encourages all types of construction shall be undertaken in accordance with laws and regulations conformed to technical norm, technical standard, the unit price of the construction, quality assurance, efficiency, thrift, safety, splendor, national unique preservation and protection of the environment and also to urge on the use of domestic construction’s materials products.
The State encourages and promotes to domestic construction business operator has access to the capital source, create the strength, develop labor skill and can make competition with foreign labor to ensure to make the construction business receiving a development and extension contributing to the socio-economic development.
Article 5.Principles on Construction’s Activities
The operation on construction’s activities shall be performed in accordance with principles as follows:
Article 6.Obligations of Citizens related to Construction’s Activities
A Lao citizen, aliens, foreigners and stateless persons who reside in the Lao PDR have the obligations to respect and implement in accordance with laws and regulations relating to construction, provide opinions to construction’s activities and contribute to protect other constructed items that are fundamental system of social and technical infrastructure including cultural, historical and natural heritage.
Article 7.Scope of Applicability of the Law
This law applies to all activities for the construction of infrastructure, construction’s activities, repair with a high value that are belong to individuals, organizations and private in the urban, rural area and special economic zone in the entire country such as: transportation system, irrigation system, embankment system, Telecommunication system, habitat system, electricity grid, construction system on mining and other construction’s activities.
Article 8.International Cooperation
The State opens up and promotes international relations and cooperation in the sub-regional, regional, foreign counties in the area of construction through the exchange of technical lessons, data information, science, technique and technology, build, train, upgrade professional technique to personnel, seek for assistance, investment cooperation and participate into the performance of agreements, treaties which the Lao PDR is a party.
Construction’s Activities
Type, Characteristic and Size of the Construction
Article 9.Type of the Construction
The types of construction are divided in sector as follows:
Irrigation system such as: irrigation, ditch, canal, dam, reservoir.
3. Energy and Mines Sector:
Article 10.Characteristics of the construction
The characteristics of the construction are as follows:
Article 11Sizes of the Construction
The construction of each type is divided in three sizes as follows:
The relevant sector is the body to determine the size of the construction of each type of construction that one’s has managed based on the value, location, level of importance and technique of the project. For the construction project invested by the State shall be determined in accordance the Law on the State’s Investment.
Article 12.Technical Norm, Technical Standard and the Unit’s Price on the Construction
The technical norm, technical standard and the unit’s price on the construction is a norm, comparative standard and indicator related to the construction for using as a reference to establish the budget plan, monitor, control and assess the construction project.
The Ministry of Public Works and Transportation coordinates with other relevant sectors to undertake the study on the norm, general technical standard and the unit’s price on the construction in order to submit to the government to consider for adoption. In addition, the relevant sectors shall be also the researchers and the body to determine the technical norm, specific technical standard and the unit’s price of their constructions.
Article 13.Construction’s Activities
The construction’s activities are as follows:
Feasibility Study of the Construction Project
Article 14.Feasibility Study of the Construction Project
The feasibility study of the construction project is the socio-economic study, technical-technology, finance, technicians or construction’s labor, environmental impact assessment, socio-cultural matter that indicate to see the efficiency of the investment based on the type, characteristic and size of the construction.
Every large and medium size of the construction project which have a complex technique, using a considerable sum of investment shall have a prior initial feasibility study by submitting many alternative, thereafter shall undertake the detailed study.
For the small scale of construction activities which have no complex technique and not high value, the relevant sector is the body to determine a specific regulation for the management.
Article 15.Report on the Feasibility Study of the Construction Project
The report on the feasibility of a construction project is the economic technical feasibility of the project for example: the assessment of the construction project which has an efficacy and efficiency, the study on technique-technology related to the construction including impacts to natural and social environment.
Article 16.Object of the Report on the Feasibility Study of the Construction Project
The study on the feasibility of a construction project shall indicate to see the following objects:
Article 17.Contents of the Report on the Feasibility Study of the Construction Project
The report on the feasibility of a construction project consists of the following contents:
Article 18.Approval of the Report on the Feasibility study of the Construction Project.
The report on the feasibility study of a construction project is adopted by state’s relevant sectors after the examination and assessment according to the contents as provided in Article 16 of this law.
For the natural and social environment impacts assessment shall be adopted through the water Resource and Environment Sector.
Survey, Design of Construction Project and
Determination on the use of Construction Materials
Article 19.Survey, Design of the Construction Project
The survey of the construction project is the collection of other necessary detailed data in order to establish the economic-technique feasibility study by having an assessment of the efficiency on socio-economic matters and impacts to natural and social environment for the preparation to make a design.
The design of the construction project is the creation of detailed plan which is accurate to the technical standard based on the analysis of data which are acquired from the survey that are consisted of the establishment of architectural, engineering plan and complete set of technique, technical norm and estimation of value and fixation of construction’s duration.
Every construction project shall have a survey, design and estimation construction value, except the small size of construction which has no complex technique and not high value of which the relevant sector is the body to define a specific regulation.
Article 20.Procedures on the Survey, Design of the Construction Project
The survey, design of the construction project shall be performed according to the following procedures:
Article 21.Expectation of the Survey, Design of the Construction Project
The survey, design of the construction project shall show to see the following expectations:
Article 22.Approval of documents on the Survey, Design of the construction Project
The documents of the survey, design of construction project are consisted of architectural plan, complete set of engineering and technique plan, technical norm and construction materials, estimation of value and the construction operation plan.
The construction project that has passed through the survey, design, if it is found that it has an efficiency in the area of socio-economic result and there is any impact to the natural and social environment such will be approved from the State’s relevant sector based on the type, size and level of such construction project.
Article 23.Determination on the use of Construction Materials
The Ministry of Public Works and transportation undertake the survey, manage the construction materials source for example: laterite deposit site, black soil, red soil, sand, gravel, basalt, limestone, soil and other type of stones for construction at the place there is a survey and has obtained the authorization from the government including the determination on the use of such construction materials and include bricks, tiles, timbers, reinforced iron bars, prepare iron and other construction materials.
The science and technology Agency will consider approving the standard of the construction materials of which the Ministry of Public Works and relevant sectors have submitted.
The Ministry of Industry and Commerce controls the production and distribution of construction materials to meet the standard issued by the science and technology agency.
Construction’s Authorization
Article 24.Application for Construction Authorization
Individuals or organizations which have the intention to undertake a construction in different characteristics such as: build, erect, install, repair, extend, restore, modify or destroy shall complete documents to request for authorization and submitted to the State’s relevant sector.
Article 25.Construction’s Authorization
After the receipt of documents requesting for authorization from individual or organization the State’s relevant sector shall consider according to regulations. If the request for construction authorization is met the conditions, such sector shall issue a construction permit according to the nature of the construction as requested within the duration as provided by laws and regulations.
Article 26.Conditions for the Person who Request for Construction Authorization
Individuals or organizations which request the authorization for construction shall have complete conditions as follows:
Article 27.Responsibilities of the Project’s Owner
The project’s owner has the responsibilities as follows:
Allotment of the Construction’s Area
Article 28.Requirements of the Allotment of the Construction Area
The allotment of the construction area shall ensure the conditions as follows:
Article 29.Compensation for Damages
The compensation for damages which are incurred in the allotment of the construction project area shall be performed as follows:
Article 30.The Use of the Construction Project Area
The use of the construction project area shall ensure firstly the general benefit, rights and legitimate interests of individuals or organizations also to ensure the safety, protection of the environment, cultural, historical and natural heritage in consistency with the national socio- economic development plan, urban plan and master plan of relevant sectors.
Implementation of the Construction Project
Article 31.Requirements before the Implementation of the Construction Project
Before the implementation of the construction project, the project’s owner and the contractor shall have the main requirements as follows:
In the event that there is discovery of artifacts which are cultural and historical traces during the period of construction operation shall immediately notify the relevant sector.
Article 32.Change of Construction Project Area
The change of construction project area from one place to another place shall ensure the construction having a correctness and be appropriate to the approved plan, having a consistence with the neighboring environment, ensure the shape, characteristic and quality of the initial constructed items including to ensure the equitable benefit of the population, having a safety and have not adverse effects to the environment.
The change of the construction project area is arisen in the main cases as follows:
The change of the construction project area shall request for authorization from the relevant sector which has approved such construction project.
Article 33.Demolishment of Constructed Items
The constructed items which will be demolished are as follows:
The demolishment of such constructed items is the responsibility of the project’s owner or the owner of the constructed items. If the project’s owner or the owner of the constructed items does not performed according to their responsibilities, the relevant sector will demolish or dismantle and keep such constructed items by which the project’s owner or the owner of such constructed items shall be liable to all costs.
Article 34.Prevention for Safety
The prevention of safety in general cases shall use measures according to the rules of relevant sector for example: there is an alert signal, fence around the construction site, protection tools for labor: helmets, shoes, gloves, glasses.
During any construction project execution if there is a force majeure has been arisen such as: floods, storm, fire, earthquake, soil collapse or other catastrophe that affect to the construction project operation, the contractor shall have measures of prevention and timely solve as follows:
Supervision of the construction
Article 35.Supervision of the Construction
The supervision of the construction shall be performed as follows:
The project’s owner shall appoint or hire a person or consultancy’s company which has an ability and appropriate experience with the work, type, size and level of the project, in order to monitor, control and supervise the construction, except the small size construction project which has no complex technique and no high value.
Article 36.Certification of the Correctness of Constructed Items
Every construction project shall be passed through the inspection of the construction project management organization after the completion of such construction. If it is found that the construction has been implemented according to the design, technical standard, technical norm, construction materials and other relevant documents as provided for correctly and completely in the construction contract, the construction activities management organization will issue the certificate of correctness of the constructed items to the project owner.
Article 37.Hand over of the Construction Project
After the completion of the construction project and there is an inspection of correctness of the constructed items; then the contractor and the project owner shall establish documents on the hand over of such construction project in order to officially use according to laws and regulations and organize to hand over the project of each type within the highest period not excess three months.
Duration and value of the guarantee of the construction project of each type is regulated in a specific regulation of each sector.
Article 38.Rights and obligations of the Project’s Owner
In the operation of the construction project, the Project’s owner has the rights and main obligations as follows:
Article 39.Right and Obligations of the Survey, Design, Construction materials Analysis Company
The company which undertakes the survey, design, construction materials analysis has the rights and main obligations as follows:
Article 40.Rights and Obligations of Construction Entrepreneurial Company
Article 41.Rights and Obligations of Consultancy Company
The consultancy company has the rights and main obligations as follows:
Maintenance and the Use of Constructed Items
Article 42.Maintenance of Constructed items
Individuals or organizations which are the owners or the possessors of the constructed items shall manage, maintain, restore, repair their constructed items to have a lasting, safe, clean, beautiful and can be used for long time.
Article 43.Use of Constructed Items
Individuals or organizations which are the owners or the possessors of constructed items shall properly use constructed items to the authorized targets and shall have measures to protect the safety towards health, life, assets of the population and not having impacts to the environment.
In case that should have change of the targets it shall request prior authorization from the relevant construction activities management organization.
Construction Business
Article 44.Form of Investment on Construction Business
The form of the investment on construction business is consisted of individual enterprise, partnership enterprise and company as provided in Article 10 of the Law on Enterprise.
Article 45.Application for Investment License on Construction Business
Individuals or organizations which have the intention to invest in construction’s business shall apply to the relevant sector to consider upon the procedures as provided for in the Enterprise Law and the Law on the Promotion of the Investment.
Article 46.Size of Construction Business
The business on construction is divided in tree sizes:
The business on construction of each size is the relevant sector to determine.
Article 47.Types of Construction Business
The business on construction has four types as follows:
Each type of construction’s business may divide into different levels based on the size, value, technical requirements, technology, construction materials and duration on the use of which the relevant sector is the body to do research and specifically regulate.
Contract on the Construction
Article 48.Contract of Survey-Design, Supervision of the Construction
The project’s owner shall enter into agreement on the survey design, supervision of the construction with a consultancy company, architect or engineer according to each task of the project in respect to the conditions as provided in the contract and Tort Law in order to regularly monitor, control in the area of professional in the process of the construction aiming to ensure that the construction project has a quality and proper to the design.
Article 49.Contents of the Survey- Design, Supervision of Construction Contract
The contract on survey design, supervision of the construction has the main contents as follows:
Article 50.Bidding and Requirements in tendering a bid of the survey-design Construction’s Consultancy Company
The survey-design, the selection of construction consultancy, in general shall have bidding in consistency with the law on state’s investment especially the State’s investment.
Participation to the bid by the survey design, construction Consultancy Company shall met the complete requirements as follows:
Article 51.Construction’s Entrepreneurial Contract
After the completion of the survey-design, before operating the construction, the project’s owner and the construction entrepreneurship company shall mutually make a contract in respect to the requirements as provided in the Contract and Tort Law.
Article 52.Contents of the Construction’s Entrepreneurial Contract
The construction’s entrepreneurial contract has the main contents as follows:
Article 53.Bidding and Requirements in the Participation of the bid of the Construction Entrepreneurial Contract
The construction entrepreneurial contract in general shall have a bid in consistency with the Law on State’s Investment especially State’s Investment Project.
The participation into the bidding of a construction entrepreneurial company shall have complete requirements as follows:
Professional Association on Construction
Article 54.Professional Association on Construction
The Association of professionals on construction is a social organization that is a place to gather architects, engineers, technicians and business operators on the construction.
The association of professionals shall be established in accordance with laws and regulations.
Article 55.Location and Role of the Professional Association on Construction
The association of professionals is one social organization which is subject to the Public Works and Transportation sector, has the role to gather the solidarity, intelligence, of professionals in construction and business operators on the construction to act upon the construction, laws and regulations, by laws and their ethics in order to protect, promote and develop their profession, contributing into the creation of advantages to the society and the development of the nation.
Article 56.Rights and Duties of the Professional Association on the Construction
The association of professionals on construction has the rights and main duties as follows:
An architect is a technician who has knowledge, ability in architectural design, decoration and embellishment.
An architect has the duty and role to determine ideology regarding the form on the draft design, shape, proportion, structure, economic-technical norm and determination on the use of construction materials, monitoring, control of correctness in respect to architectural style, technical standard and direct the construction to be realized.
Article 58.Construction Engineers
A construction engineer is a technician who has knowledge, ability in the field of science-technique on the construction.
A construction engineer has the duty and the role to analyses, calculate, engineering design, direct, control and supervise the quality of the construction according to the plan.
Prohibitions
Article 59.General Prohibitions
It is prohibited to individuals and organizations to act as follows:
Article 60.Prohibitions for Officials and Relevant Officers
It is prohibited to officials and relevant officers to act as follows:
Article 61.Prohibitions for the Project’s Owner
It is prohibited to the project’s owner to act as follows:
Article 62.Prohibitions for Business Operations on the Construction
It is prohibited to a business operator on the construction to act as follows:
Article 63.Prohibitions for Consultancy Company, architects and construction’s Engineers
It is prohibited to the consultancy company, architects and construction’s engineers to act as follows:
Dispute Resolution
Article 64.Form of Dispute Resolution
The dispute resolution may undertake under the following forms:
Article 65.Mediation or Conciliation
In the event that a dispute is arisen in the course of business operation concerning the construction, the parties may negotiate, mediate and mutually conciliate.
Article 66.Administrative arrangement
In case of failure of the mutual conciliation, the parties have the rights to propose to the relevant sector where one’s has been licensed to arrange for settlement.
Article 67.Resolution by the Economic Arbitration Committee
In the event that the relevant can not mediate and resolve, the parties have the rights to submit to the economic arbitration committee to consider for giving an award in accordance with laws and regulations.
The dispute that is occurred during the operation of business related to the construction which can not settle by the mediation or conciliation or administrative arrangement or economic arbitration committee, one of the parties has the rights to sue to the People’s Court to consider for decision in accordance with laws and regulations.
Management and Supervision of the Construction Activities
Article 69.Construction Activities Management Organization
The government is the organ to manage the construction’s activities in centralized and unified manner throughout the country by assigning to the Public Works and Transportation as the focal point of coordination with other relevant sectors for example: Energy and Mines sector, agriculture and forestry sector, industry and commerce sector, science and technology agency, relevant local administration to manage according to their responsibilities.
The Construction Activities Management Organization is consisted of:
Article 70.Rights and Duties of the Ministry of Public Works and Transportation, other relevant Sectors
In the management of the construction’s activities, the Ministry of Public Works and Transportation, other relevant rectors have the rights and main duties as follows:
Article 71.Rights and Duties of Public Works and Transportation Division, other Division subject to the Provinces, City
In the management of the construction’s activities the division of Public Works and Transportation, other divisions subject to the provinces, city have the rights and main duties as follows:
Article 72.Rights and Duties of the Public Works and Transportation Offices other district, municipality, relevant offices
In the management of the construction’s activities, the Public Works and Transportation Offices, other district, municipality, relevant offices have the rights and main duties as follows:
Article 73.Rights and Duties of Village’s Administration Organization
In the management of the construction’s activities the village’s administration organization has the rights and main duties as follows:
Chapter 2
Inspection of Construction Activities
Article 74.Inspection Organization of Construction Activities
The construction activities inspection organization has two categories as follows:
The external inspection has the objective to control the performance of duties of construction’s activities management and control in order to have the strength, transparency, justice and efficiency.
Article 75.Rights and Duties of the Inspection Organization
In the control of the construction’s activities, the inspection organization has the rights and duties to perform according to the contents and forms as provide in Article 76 and 77 of this law.
Article 76.Contents of the Inspection
The inspection of the construction’s activities has the main contents as follows:
In addition, the control shall be performed in accordance with the contents of the control as provided in the law on the State’s investment.
Article 77.Forms of Inspection
The inspection of the construction’s activities is performed on regular basis, by having an advance notification and immediate inspection.
In performing construction’s project inspection, officers of the inspection authority shall strictly comply with the laws and regulations.
Policies towards Productive Persons and Measures against Violators
Article 78.Policies towards Productive Persons
Individuals, legal entities or organization which have an outstanding deed in the performance of this law especially the contribution into the construction’s activities development will receive commendations and policies as deemed reasonable.
Article 79.Measures against Violators
Individuals, legal entities or organizations which violate this law will be educated, imposed discipline sanctions, fined, compensated civil damages cost or be taken action in accordance with law depending on the severity of the case.
Article 80.Educational Measures
Individuals, legal entities or organizations which violate the laws and regulations related to the construction especially prohibitions that have minor characteristic which are not criminal offenses will be educated and admonished.
Article 81.Disciplinary Measures
Officers or officials that manage the construction’s activities which violate the laws and regulation related to the construction, especially prohibitions that have minor characteristic which is not criminal offense, cause not considerable damages and not willingly to report on his own wrongdoing, escape from his own mistake will be imposed disciplinary sanction according to regulations must be admonished of the wrongdoing, suspended of the promotion of rank or dismissed from office.
Individuals, legal entities or organizations which violate the law and regulations related to construction causing damages that have no constituent proof of criminal offense will be fined due to the main acts as follows:
For the rate of the fines is regulated in a specific regulation.
Individuals, legal entities or organizations which violate laws and regulations related to the construction that cause damages to property of individuals, legal entities or other organizations shall compensate for damages that one’s has incurred.
Individuals who violate laws and regulations related to the construction that are criminal offenses will be taken action as provided in the Penal Law.
Final Provisions
The government of the Lao People’s Democratic Republic Implements this law.
This law shall enter into force after one hundred twenty days from the date of the President of the Lao People’s Democratic Republic has issued a decree to promulgate it.
Any regulations, provisions which contradict this law are hereby repealed.
President of National Assembly
(Seal and Signature)
Thonsing THAMMAVONG
Name | Description | Status |
---|---|---|
Hand over Procedures of the Construction Project | After the completion of the construction project and an inspection of correctness of the constructed items, the contractor and the project owner must develop documents on the handing over of the construction project within three months. | Active |
Prohibition for Business Operators on the selling or transferring of construction project without authorization | Business Operators are prohibited from selling or transferring the construction project to an individual or other organization without obtaining the authorization from the project’s owner; | Active |
Prohibition for Business Operators to abandon activities of the construction project | Business Operators are prohibited from abandoning activities under a construction project that should there be a signed construction contract with the Project Owner | Active |
Prohibition for Business Operators on digging, heaping or filling soil outside the area of the construction site without authorization | Business Operators are prohibited from digging soil, heaping soil or filling soil outside of the construction site as prescribed during the construction operation, except if it has obtained the authorization from the relevant sector | Active |
Prohibition on undertaking construction activities not in adherence with the safety measures and environmental standards by Business Operators | Business Operators are prohibited from undertaking construction activities without ensuring the implementation of safety, natural, social and environmental measures | Active |
Prohibition on operating construction activities outside the scope of authorized registration | Business Owners are prohibited from conducting construction activities within the sphere of the area that the enterprise has registered or a granted concession | Active |
Prohibition for Business Operators to construct items not in adherence to technical standards | Business owners are prohibited from constructing items in a manner not in keeping with the plan and technical standards | Active |
Prohibition on engaging in conspiracy with the Project Owner | Consultancy Company, architects and construction’s Engineers are prohibited from conspiring with the project owner or the contractor on the construction project to seek for personal interests | Active |
Prohibition on copying architectural and engineering plans by Consultancy Companies, architects and engineers in pursuit of commercial benefit | Consultancy Company, architects and construction’s Engineers are prohibited from copying architectural and engineering plans of another people to seek for personal commercial benefit | Active |
Prohibition on data disclosure by Consultancy Company, architects and construction’s Engineers on cost issues of the construction project | Consultancy Company, architects and construction’s Engineers are prohibited from disclosing data on the cost of the construction project which has opened an auction | Active |
Prohibition on violating professional ethics | Consultancy Company, architects and construction’s Engineers are prohibited from engaging in unethical professional behaviour | Active |
Prohibition on cutting trees by Business Operators without authorization | Cutting trees to make the wooden support without authorization; | Active |
Implementation of Measures to ensure safety of labourers and protection of assets following an occurrence of Force Majeure | Following the occurrence of Force Majeure, the Contractor must implement reasonable measures to ensure the safety to laborers and protect assets of the construction project | Active |
Prohibition on being a party to a bribe in relation to construction activities | Individuals and organizations are prohibited from being an accomplice in bribery in relation to construction activities | Active |
Prohibition on constructing in certain areas | Individuals and organizations are prohibited from constructing in the following areas: military strategic zone, artifacts site, historical place, cultural, reserved forest heritage area, reserved area of the public road, railroad, pond, marsh, stream, rice fields, irrigation system, hydropower dam, airport area, and areas related to the safety of the aviation, embankment protection area and others | Active |
Prohibition on cutting small trees without authorization | Individuals and organizations are prohibited from cutting small trees to make wooden supports without authorization | Active |
Prohibition on digging, heaping and filling soil without authorization | Individuals and organizations are prohibited from digging soil, heaping soil or filling soil without the authorization from the relevant sector | Active |
Prohibition on operating a construction business without authorization | Individuals and organizations are prohibited from operating a construction business without authorization from the relevant sector | Active |
Prohibition on undertaking activities within requisite authorization | Individuals and organizations are prohibited from repairing, extending and modifying the plan without authorization | Active |
Prohibition on transporting certain construction materials without authorization | Individuals and organizations are prohibited from transporting construction materials such as soil, gravel, stone and sand that create dirt on the surface of the roads, public places or the places of other people without receiving authorization from the relevant sector | Active |