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Legal Document
Title: Postal Law No. 45/NA, dated 25 December 2013
Type: Law
Responsible Agency: Ministry of Posts and Telecommunications
Issuing Date: 2013-12-25
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Content


Part I
General Provisions


Article 1 (Amended): Objective
 

Article 2 (Amended): Postal Services
 

Article 3 (Amended): Definitions
 

Article 4 (Amended): State’s Policy on Postal Services
 

Article 5 (New): Principles of Postal Services
 

Article 6 (Amended): Obligation of Citizens
 

Article 7 (New): Scope of Law Use
 

Article 8 (Amended): International Cooperation
 

Part II

Postal Network and Post Code

Article 9 (New): Postal Network
 

Article 10 (New): Establishment of Postal Network
 

Article 11 (New): Post Code

 

Part III

Postal Services

 

Chapter 1

Categories of Postal Services

 

Article 12 (Amended): Categories of Postal Services
 

Article 13 (Amended): Acceptance, Dispatch and Delivery of Postal Items Services
 

Article 14 (New): Ordinary Service
 

Article 15 (New): Registered Service
 

Article 16 (New): Express Delivery Service
 

Article 17 (New): Express Mail Service
 

Article 18 (New): Insured Items Service
 

Article 19 (Amended): Receiving and Transmitting
 

Article 20 (Amended): Postal Financial Services
 

Article 21 (Amended): Sale of Postage Stamps and other Postal Products
 

Chapter 2

Postage Stamps and Postal Products

Article 22 (New): Design and Issuance of Postage Stamps
 

Article 23 (New): Postal Products
 

Article 24 (New): Approval for Issuance of Postage Stamps, Post Office Boxes and Letter Boxes

Services
 

Part IV

Postal Business Operation

Article 25 (Amended): Postal Business Operation
 

Article 26 (Amended): Conditions for Approval of Postal Business Operation
 

Article 27 (New): Classification for Management Stage of Postal Business Operation
 

Article 28 (New): Monitoring of Technical Standard, Collection of Fees and Tariffs on Postal

Business Operation
 

Article 29 (New): Suspension of Postal Business Operation
 

Part V

Rights and Obligations of Postal Service Providers and Postal Service Users

 

Article 30 (Amended): General Obligations on Postal Service Providers
 

Article 31 (Amended): Rights and Obligations on Postal Service Providers for Acceptance, Dispatch

and Delivery of Postal Items
 

Article 32 (Amended): Rights and Obligations on Postal Service Providers for Receiving and

Transmitting Electronic Information Services
 

Article 33 (Amended): Rights and Obligations on Postal Service Providers for Postal Financial

Services
 

Article 34 (Amended): Rights and Obligations on Postal Service Providers for Sale of Postage

Stamps and Postal Products
 

Article 35 (Amended): Rights and Obligations on Postal Service Users
 

Part VI

Fees and Tariffs

Article 36 (Amended): Postal Fees
 

Article 37 (Amended): Postal Tariffs
 

Part VII

Prohibitions

Article 38 (Amended): General Prohibitions
 

Article 39 (New): Prohibitions on Postal Officers
 

Article 40 (Amended): Prohibitions on Postal Service Providers
 

Article 41 (Amended): Prohibitions on Postal Service Users
 

Part VIII

Dispute Settlement

Article 42 (New): Forms of Dispute Settlement
 

Article 43 (New): Compromise by Litigant
 

Article 44 (New): Settlement on Administration Dispute
 

Article 45 (New): Settlement by Commercial Arbitration Agency
 

Article 46 (New): Complaint to People’s Court
 

Article 47 (New): International Dispute Settlement

Part IX

Management and Monitoring of Postal Services

 

Chapter 1

Management of Postal Services


 

Article 48 (Amended): Management of Postal Services
 

Article 49 (Amended): Rights and Duties of the Ministry of Post and Telecommunications
 

Article 50 (Amended): Rights and Duties of Post and Telecommunications Department in

Provinces, Capital
 

Article 51 (Amended): Rights and Duties of Post and Telecommunications Division in Districts,

Municipalities
 

Article 52 (New): Rights and Duties of Other Sectors
 

Chapter 2

Monitoring of Postal Services

Article 53 (New): Monitoring Authority on Postal Services
 

Article 54 (Amended): Contents of Monitoring
 

Article 55 (Amended): Types of Monitoring
 

Part X

Policies Forward Persons with Outstanding Achievement and Measures Against Violators

 

Article 56 (Amended): Policies Forward Persons with Outstanding Achievement
 

Article 57 (Amended): Measures Against Violators
 

Article 58 (Amended): Re-Education Measures
 

Article 59 (New): Measures on Discipline Sanction
 

Article 60 (Amended): Measures on Fine Sanction
 

Article 61 (New): Measures on Civil Sanction
 

Article 62 (Amended): Measures on Criminal Sanction
 

Part XI

Final Provisions

Article 63 (New): National Post’s Day
 

Article 64 (Amended): Implementation
 

Article 65 (Amended): Effectiveness


Lao People’s Democratic Republic

Peace Independence Democracy Unity Prosperity


National Assembly No. 023/NA


Resolution


of the


National Assembly


of the


Lao People’s Democratic Republic


on the


Endorsement of the Law on Postal Services (Amended)


Pursuant to the Article 53, Clause 2 of the Constitution and the Article 3, Clause 1 of the Law on National Assembly of the Lao People’s Democratic Republic related to the Rights and Functions of the National Assembly.


After 6th Ordinary Meeting of the National Assembly VII on the Wide and Deep Study of the Law on Postal Services (Amended) for the Noon Meeting, dated 25 December 2013.
The Meeting resolved:


Article 1. The law on postal services (Amended) is accepted by the majority vote.
Article 2. This resolution comes into force on the date it is signed.

At Vientiane Capital, 25 December 2013 National Assembly’s President

(signature and seal)
Pany YATHORTU


Lao People’s Democratic Republic

Peace Independence Democracy Unity Prosperity

Lao PDR’s President                                                                                                                                                                                                                           No. 061/PPDR

Vientiane Capital, 28 JAN 2014


State Decree of the

 

President


of the


Lao People’s Democratic Republic


on the


Promulgation of the Law on Postal Services (Amended)


- Whereas the Constitution of the Lao People’s Democratic Republic of the Chapter VI, Article 67, Clause 1;
- Pursuant the Resolution No. 023/NA of the National Assembly, dated 25 December 2013;
- With reference to the Proposal No. 013/CAN of the Standing Committees to the National Assembly, dated 23 January 2014.
The President of the Lao People’s Democratic Republic Decrees that:
Article 1. The post law is hereby promulgated.
Article 2. This state decree comes into effect on the date it is signed.


The President of the Lao People’s Democratic Republic


(signature and seal)
Choummaly SAYASONE


National Assembly No. 45/NA
Vientiane capital, 25 December 2013


Law on Postal Services (Amended)


Part I
General Provisions


Article 1 (Amended): Objective
The law on postal services defines principles, regulations and measures on organizations, activities, management and monitoring of postal services with services of high quality, convenience, speed, safety, reach to addressees, ensure providing the postal service to society with the aim of promoting widely domestic and international postal services and also to contribute in national defense and development.
Article 2 (Amended): Postal Services
Postal services refer to acceptance, dispatch, and delivery of postal items, issuing and distributing postage stamps, post office boxes and letter boxes services, sale of postal products, receiving and transmitting electronic information and postal financial services.
Article 3 (Amended): Definitions
The terms used in this law shall have the following meanings:
1. "Postal item” refers to letter post, parcel and logistics post;
2. "Letter post” refers to a postal items, such as letters,
Lao People’s Democratic Republic Peace Independence Democracy Unity Prosperity
postcards, documents, newspapers, magazines, printed matters, small packages or other postal items that do not exceed two kilograms per envelop or packet;
3. “Parcel Post” refers to a postal item that exceeds two kilograms, but it does not exceed fifty kilograms per box or packet;
4. “Logistics Post” refers to a bigger postal item or special shape that exceeds fifty kilograms, but it does not exceed two hundred kilograms per box or packet;
5. “Postage stamp” refers to a card, an authorized seal or symbol that has value of money for affixing on postal items to represent a postage charge or for collecting;
6. “Mailbag” refers to a bag or box for containing any postal items that are tied, closed and sealed with an authorized postal symbol for dispatching to the destination;
7. “Postman” refers to a person who delivers postal items to the addressees;
8. “Postal agency” refers to an individual, juristic person or an organization that represents or acts on behalf of the postal provider to provide some type of services such as acceptance and delivery of letter post, sale of postage stamps and other postal products;
9. “Designated operator with branch” refers to an authorized company or enterprise that has its branch of postal services in each province;
10. “Designated operator without branch” refers to an authorized company or enterprise that provides the postal services in a single place;
11. “Letter box” refers to a box that installed by postal provider in the post office and public area for inserting letters and postcards after affixing postage;
12. “Post office box” refers to a box with serial number owned by subscriber and installed in the Post Office, bureau, organization offices and residences for inserting letters, postcards, small printed matters and advice to subscribers;
13. “Postal fragment” refers to a letter post and parcel post that can not deliver to addressee and return to sender;
14. “Postal staff” refers to a person who works in postal area it composes of managing director, deputy managing director, administrative staff, operational staff and postman.
Article 4 (Amended): State’s Policy on Postal Services
The state encourages and promotes individuals, juristic persons, or both domestic and international organizations to invest on construction, development, expansion of postal service network
in the category and scope stipulated in this law and the concerned other law.
The state acknowledges and protects benefits righteous of postal service provider and user by law and regulation.
The state equally and fairly encourages postal service provider to emulate postal service operation and to execute law and regulation on commercial competition of the Lao PDR.
Article 5 (New): Principles of Postal Services
The postal service shall be executed by the following principles:
1. Guarantee postal service development in accordance with policy line, national socio-economic development plan, development strategy of postal sector and other sectors;
2. Guarantee universal service in safety, speed, transparency, clearness, completeness, reach punctually destination, fair and equal on law;
3. Guarantee confidentiality of nation, official service, individual, juristic person and organization;
4. Guarantee postal business operation in marketing mechanism managed by the state, and also to relate with regions and global countries;
5. Protect benefits righteous of postal service provider and user by law and regulation;
6. Ensure public security, national stability, social order, national fine tradition and environmental protection in provinces and residence of ethnic people;
7. Guarantee widely participation of that people;
8. Guarantee execution on international agreements and conventions that Lao PDR is a partner nation.
Article 6 (Amended): Obligation of Citizens
Lao citizens, aliens, foreign individuals and apatrids in the Lao PDR have the obligations to facilitate and cooperate with the postal organization in the implementation, use and protection of the postal service system and to assist postmen to carry out their tasks.
Land, maritime and air carriers have the obligation to sign a contract or agreement for the transport of postal items upon the request of a postal service provider. Such contract or agreement must be complied with and implemented in order to secure the transportation of postal items to reach the destination post office on time and safety.
Article 7 (New): Scope of Law Use
This law is applicable to the postal service providers and users, individuals, juristic persons and other organizations, both
domestic and foreign countries related to the postal services and postal business operation in the Lao PDR.
Article 8 (Amended): International Cooperation
The state promotes international relation and cooperation with regions and international organizations by exchanging experiences, information, and also to upgrade qualifications, mobilize the scientific assistance, advanced technology and to execute the international agreement and treaty that Lao PDR is a partner nation.


Part II
Postal Network and Post Code


Article 9 (New): Postal Network
Postal network defines the infrastructural system that provides the postal services, it comprises of the post office, mail exchange center and mail route.
This post office is a place for acceptance, dispatch and delivery of postal items.
Mail Exchange Center refers to a place where the postal service provider establishes it for sorting and dispatching postal items.
Mail route refers to the quickest and safe route that chosen by the postal service provider for dispatching postal.
Article 10 (New): Establishment of Postal Network
The postal network shall be established on request and in suitable place, such as airport, transportation station, train station, port, market, educational institution, hospital, hotel, community area and other sites.
Establishment of postal network shall meet the need of universal services and also to operate together with construction of new city, municipality restoration, industrial zone, special economic zone, development zone, residence and rural area.
The concerned organization shall include postal network establishment plan into municipality and community development.
Article 11 (New): Post Code
Post code refers to the indicator number of location and the scope of delivering the postal items; it comprises the delivery code of province, capital, district, municipality and village.
Ministry of Post and Telecommunications shall cooperate with other ministries and the concerned provincial administration authorities to define the post code in accordance with procedures of the Universal Postal Union.


Part III
Postal Services

Chapter 1
Categories of Postal Services


Article 12 (Amended): Categories of Postal Services
Postal services in the Lao PDR comprise the following four categories:
1. The acceptance, dispatch, and delivery of postal items services;
2. Receiving and transmitting electronic information services;
3. Postal financial services;
4. Sale of postage stamps and other postal products.
Article 13 (Amended): Acceptance, Dispatch and Delivery of Postal Items Services
Acceptance, dispatch and delivery of postal items services shall secure the reach to destination post office on time and safety, it defines the following five forms:
1. Ordinary service;
2. Registered service;
3. Express delivery service;
4. Express mail service;
5. Insured items service.
Article 14 (New): Ordinary Service
Ordinary service refers to acceptance, dispatch and delivery of postal items through a general service without registration and this service is dispatched by normal conveyance .
Ordinary service of acceptance for letters and postcards can be posted at the post office counters or postal service users can put them into a letter-box located in public areas, after affixing the complete and legal postage stamps.
For the delivery of postal items to subscribers of post office boxes, the postman shall put letters, postcards, small printed matters or advices into their respective boxes.
Article 15 (New): Registered Service
Registered service refers to acceptance, dispatch and delivery of postal items that are guaranteed from the date of posting them to the date of delivery to the addressees and an additional charge will be collected for such service.
Article 16 (New): Express Delivery Service
Express delivery service refers to acceptance, dispatch and
delivery of postal items both in the form of ordinary and registered services, but delivery must be the form of first priority, and additional charge will be collected for such service.
Article 17 (New): Express Mail Service
Express mail service refers to acceptance, dispatch and delivery of postal item in the first priority it can be tracked and traced and additional charge will be collected for such service.
Article 18 (New): Insured Items Service
Insured items service refers to acceptance, dispatch and delivery of postal items that the sender has to declare the type, value of the postal items and pay the ensure fee at the posting time.
Article 19 (Amended): Receiving and Transmitting
Electronic Information Services
Receiving and transmitting electronic information services refers to postal services through the concerned telecommunication system at post office, such as facsimile, computers and telecommunication devices.
Article 20 (Amended): Postal Financial Services
Postal financial services refer to acceptance and paying money order, issuing and paying postal cheques, money transfer and paying the public utility bills through postal services, postal item insurance, postal saving services and the offering of loans to depositors.
Postal saving services and the offering of loans to depositors are required to follow the regulations of the Bank of the Lao PDR.
Other financial services can be implemented by the approval of the government.
Article 21 (Amended): Sale of Postage Stamps and other Postal Products
The Postage stamps distribution refer to selling postage stamps to sender for posting charge of postal items or selling them to general individuals for collection.
The other postal products distribution shall be sold to other
users.


Chapter 2
Postage Stamps and Postal Products


Article 22 (New): Design and Issuance of Postage Stamps
Lao Postal Enterprise acts to study, design and issue the postage stamps in authorized sets and seals on the approval of the Ministry of Post and Telecommunications, based on unanimous agreement of the concerned sectors.
Article 23 (New): Postal Products
Other postal products shall be distributed by postal service provider and post office agency, such as envelops, postcards, cases, boxes, packages, wrapping paper and souvenirs.
Article 24 (New): Approval for Issuance of Postage Stamps, Post Office Boxes and Letter Boxes Services
The state authorizes the Lao Postal Enterprise that has sole rights to issue postage stamps, provide post office boxes and letter boxes in the Lao PDR.


Part IV
Postal Business Operation


Article 25 (Amended): Postal Business Operation
Individuals, juristic persons or both domestic and international organizations with purpose of postal business operation shall file their applications to industrial and commercial sector as defined in law on investment promotion, law on enterprise and other relevant regulations, which the enterprise register shall be issued after approval by Post and Telecommunications Sector.
Article 26 (Amended): Conditions for Approval of Postal Business Operation
Postal business operation has the following conditions:
1. Have capital, office, equipment, tools, and vehicles as provided by regulations;
2. Have the qualified technical staffs or technical staffs in the approximate level, as the persons who have higher education in area of postal services and at least three years experience;
3. Have the qualified technical staffs in number appropriate to the scale of the business as provided by regulations;
4. Have other necessary requirements.
Article 27 (New): Classification for Management Stage of Postal Business Operation
Management of postal business operation shall carry out the following conditions:
Ministry of Post and Telecommunications acts to manage the postal business units that provide services of letter post, postal items and logistics post with their nation-wide branches and international services of letter post, parcel post and logistics post.
Post and Telecommunications Department of Provinces, Capital acts to manage the postal business units without their branches for services of letter post, parcel post and logistics post in area of their responsibilities.
Article 28 (New): Monitoring of Technical Standard, Collection of Fees and Tariffs on Postal Business Operation
Post and Telecommunications Sector inspects the technical standards, collection of fees and tariffs on postal business operation in each year.
Postal business operator shall process the following documents:
1. Copy of Enterprise Register;
2. Copy of Lao national identification card or copy of foreign citizen passport;
3. Efficiency assessment on business operation of previous year;
4. Copy of legal performance obligations;
5. Other necessary documents.
Article 29 (New): Suspension of Postal Business Operation
Postal service provider shall be suspended by the following conditions:
1. As the proposal requested by postal service provider;
2. Purpose of business operation is in unconformity with technical standards and regulations.
Suspension of postal business operation is used in order that postal business unit shall improve their postal business operation on certain time and it will issue written notice to the concerned sectors. In case of such postal business unit can’t improve and also to correct the postal business operation, and it will be terminated as the stage specified in law on enterprise, law on investment promotion and relevant laws.


Part V
Rights and Obligations of Postal Service Providers and Postal Service Users


Article 30 (Amended): General Obligations on Postal Service Providers
Postal service providers have the following general obligations:
1. Under management and monitoring of Post and Telecommunications Sector on postal techniques and the concerned sectors;
2. Register and renew their postal service licences with the concerned sectors in accordance with laws and regulations;
3. Report their postal business operation where are concerned with Post and Telecommunications Sector on regular time;
4. Deliver obligations to the government on law and
regulation;
5. Execute such other obligations as defined in the law and regulations.
Article 31 (Amended): Rights and Obligations on Postal Service Providers for Acceptance, Dispatch and Delivery of Postal Items
Postal service providers for acceptance, dispatch and delivery of postal items have the following rights:
1. Study and propose the tariff of postal charges to the Ministry of Post and Telecommunications in conformity with the socio-economic situation in each period;
2. Open envelops, cases, boxes, packages and postal items in front of sender or addressee and concerned officials, in the event that packets or envelops are suspended to contained the prohibited articles or illegal items;
3. Retain and confiscate any postal item that contains the prohibited articles or illegal goods and to hand them to the concerned authorities for further actions;
4. Refuse acceptance of any postal item that contains the weapons, explosives, chemicals or biological substances,
drugs, other prohibited articles or illegal items in unconformity with regulation on postal services;
5. Retain for up to one year of postal item that can not be delivered to addressee or can not be returned to sender;
6. Collect postal charges in accordance with laws and regulations;
7. Make contract or agreement with individuals, juristic persons or organizations to be their representatives to provide wide postal services on the society;
8. Execute such other rights as defined in the laws and regulations.

Postal service providers for acceptance, dispatch and delivery of postal items have the following obligations:
1. Provide services for acceptance, dispatch and delivery of postal items with convenience, speed and safety, and without loss, damage, change in form, or deterioration and also to ensure that items reach the addressees;
2. Return to the senders for any postal item that can not be delivered to addressee, and addressee refused to accept the postal items or the sender requested to return them;
3. Pay indemnity to sender for postal items lost due to failures of postal service providers. Except that damage is occurred due to force majeure, condition of postal items, or failures of the senders or addressees for which indemnity is not payable;
4. Protect and manage letter boxes and post office boxes in accordance with the regulations issued by the Ministry of Post and Telecommunications;
5. Preserve the copyrights of postal products;
6. Execute such other obligations as defined in the laws and regulations.
Business units provided postal service shall observe tax law as well as a postal business unit, such as airport, transportation station, train station, port and carriers.
Article 32 (Amended): Rights and Obligations on Postal Service Providers for Receiving and Transmitting Electronic Information Services
Postal service providers for receiving and transmitting electronic information services have the following rights:
1. Agree with the concerned agency for the use of equipment and the telecommunication systems to provide the service;
2. Collect service charges in accordance with laws and regulations;
3. Execute such other rights as defined in the laws and regulations.
Postal service providers for receiving and transmitting electronic information service have the following obligations:
1. Provide services with high quality, convenience, speed, accuracy, safety and also to ensure that information reach the destination;
2. Maintain the secret of postal service users;
3. Execute such other obligations as defined in the laws and regulations.
Article 33 (Amended): Rights and Obligations on Postal Service Providers for Postal Financial Services
Postal service providers on postal financial services have the following rights:
1. Provide services with acceptance of postal saving deposit and the offering of loans to postal saving depositors;
2. Accept money order, issue postal checks; to make money transfers and other payments through postal services;
3. Provide the insurance services for postal items;
4. Collect service charges in accordance with laws and regulations;
5. Execute such other rights as defined in the laws and regulations.

Postal service providers on postal financial services have the following obligations:
1. Provide services with convenience, speed, transparence and safety for paying on money orders, making money transfer, paying postal checks and other payments through postal services and also to ensure that postal services reach the destination;
2. Execute such other obligations as defined in the laws and regulations.
Article 34 (Amended): Rights and Obligations on Postal Service Providers for Sale of Postage Stamps and Postal Products
Postal service providers for sale of postage stamps and other postal products have the following rights:
1. Sell postage stamps for service charges to postal service users on letter post and parcel post or sell them to the general person for collection;
2. Sell souvenirs;
3. Execute such other rights as defined in the laws and regulations.

Postal service providers on sale of postage stamps and postal products have the following obligations:
1. Sell postage stamps and other postal products with high quality, accuracy, completeness, convenience, speed and safety;
2. Execute such other obligations as defined in the laws and regulations.
Article 35 (Amended): Rights and Obligations on Postal Service Users
Postal Service Users have the following rights:
1. Revoke postal items that are not delivered to addressees, except illegal items are retained for further actions;
2. Request postal officers to open envelop, case, box, package and any postal item that returned to sender in case of no addressee before accepting it or not;
3. Request postal officers to open envelop, case, box, package and any postal item that sent to addressee before accepting it or not;
4. Refuse postal item that sent to addressee;
5. Use the subscribed post office boxes and the public letter boxes;
6. Receive services of receiving and transmitting information with high quality, convenience, speed, accuracy, safety and also to ensure that information reach destination;
7. Receive services of deposits and pay money orders, postal check including money transfer and other payments through postal services;
8. Receive services of postal savings deposit and the offering of loans in accordance with regulations;
9. Insure postal items;
10. Buy postage stamps for services on posting or for collection;
11. Ask and make complaint on postal service providers for fair process on compensation of postal items that are damaged due to their failures;
12. Be aware of information on postal services, such as regulations or principles on acceptance, dispatch and delivery of postal items, including level of security;
13. Execute such other rights as defined in the laws and regulations.

Postal service users have the following obligations:
1. Declare the valuable items to postal officers, such as silver, gold, diamond, precious stones or other valuable items that are posted or sent through postal services;
2. Pay service charges in accordance with regulations;
3. Be responsible for illegal postal items;
4. Pay additional service charge at destination in accordance with regulation in case the sender paid insufficient service charge on real price if addressee agrees to accept it;
5. Protect and maintain the subscribed post office boxes and the public letter boxes;
6. Execute such other obligations as define in the laws and regulations.

Part VI
Fees and Tariffs


Article 36 (Amended): Postal Fees
Postal fees refer to the issuance and renewal for charge of postal business operation licence which will be paid to the state budget.
Collection of postal fees is defined in the separate regulations.
Article 37 (Amended): Postal Tariffs
Postal tariffs refer to the charge of technical administration services collected with individuals, juristic persons or organizations that request approval for their postal business operation, and they will be paid to the state budget.
Collection of postal tariffs is defined in the separate regulations.


Part VII

Prohibitions


Article 38 (Amended): General Prohibitions
Individuals, juristic persons or organizations are prohibited to have the following actions:
1. Provide postal services without approval;
2. Obstruct, delay and prevent postman or vehicle from transporting postal items;
3. Retain, confiscate, inspect, open envelops, cases, boxes, packages, postal items during the course of transport. Except the solid evidence proves that illegal articles are contained in any postal item or transport vehicle;
4. Open postal items outside the post office. Except the solid evidence proves that dangerous materials may cause harm to the society;
5. Counterfeit or duplicate postage stamps, other postal products and seals for prepaid postal services;
6. Sell postage stamps and other postal products without approval;
7. Destroy or cause damages to the vehicles, equipment and other facilities on postal services;
8. Cause damage on or calumniate other postal service providers resulted to lose their reputation;
9. Have any other actions to violate the laws and regulations.

Article 39 (New): Prohibitions on Postal Officers
Postal officers are prohibited to have the following actions:
1. Disclose the confidential information of the state, official servants, individual, juristic persons or organizations;
2. Obstruct, delay and counterfeit documents on postal services;
3. Take advantage to acquire personal interests that case damage to any person, corporation, state and organization;
4. Neglect responsibilities commissioned by organization;
5. Take any position or act as the consultants to postal service providers;
6. Operate business on postal services;
7. Recruit and promote family members in any administration title or consultation service to Lao Postal Enterprise;
8. Have any other actions to violate the laws and regulations.

Article 40 (Amended): Prohibitions on Postal Service Providers
Postal service providers are prohibited to have the following actions:
1. Accept, dispatch and deliver postal items that are contained by illegal articles, prohibited articles or offences on postal regulations;
2. Delay the dispatch or delivery of postal items without any reason;
3. Open envelops, cases, boxes, packages, postal items without the presence of sender or addressee or the concerned officer;
4. Cause damage, loss, change in form, or deterioration of postal items;
5. Collect higher service charges from postal service users than defined values;
6. Transmit or accept information that causes damage on national economy society, culture, national stability, public security and social order;
7. Counterfeit money orders, postal checks, withdraw money in excess of limit and delay payment of service charges;
8. Offer loans in unconformity with regulations on postal savings services;
9. Provide services other than categories and scopes of the approved services;
10. Allow any other persons to use or lease, to transfer business license to another person;
11. Use an expired license on postal business;
12. Have any other actions to violate the laws and regulations.

Article 41 (Amended): Prohibitions on Postal Service Users
Postal service users are prohibited to have the following actions:
1. Bring illegal items or have offence on postal regulations;
2. Bring valuable items, such as silver, gold, diamond, precious stones or other valuable items that are posted or sent through postal services, without declaring them to the postal officers;
3. Offer the bribe to the postal officers;
4. Have any other actions to violate the laws and regulations.


Part VIII
Dispute Settlement


Article 42 (New): Forms of Dispute Settlement
Dispute settlement on postal services can be exercised by the following forms:
1. Compromise with litigant;
2. Settlement on administration dispute;
3. Settlement by Commercial Arbitration Agency;
4. Complaint to people’s court;
5. International dispute settlement.

Article 43 (New): Compromise by Litigant
In case the dispute on postal services that do not violate the criminal law, the litigant can discuss and compromise each other.
Article 44 (New): Settlement on Administration Dispute
In case the dispute on postal services, the litigant is entitled to offer the postal service management authority to settle such dispute in accordance with laws and regulations.
Article 45 (New): Settlement by Commercial Arbitration Agency
In case the dispute occurred due to postal business operation, the litigant is entitled to request the Commercial Arbitration Agency to judge matter in accordance with the laws and regulations.
Article 46 (New): Complaint to People’s Court
In case the dispute occurred due to postal business
operation, the litigant is entitled to complain the people’s court to
judge matter in accordance with the laws and regulations.
Article 47 (New): International Dispute Settlement
Any dispute on international postal services shall be executed by the relevant laws and regulations of the Lao PDR, by international agreement and treaty on postal services that Lao PDR is a partner nation.


Part IX
Management and Monitoring of Postal Services


Chapter 1
Management of Postal Services


Article 48 (Amended): Management of Postal Services
The state centrally and unanimously manages postal services in nation-wide area, the Ministry of Post and Telecommunications is commissioned to have direct responsibility to cooperating with ministries, organizations and the concerned provincial administration authorities.
The Postal Service Management Authority is comprised of:
1. Ministry of Post and Telecommunications;
2. Post and Telecommunications Department in Provinces, Capital;
3. Post and Telecommunications Division in Districts, Municipalities.
Post and Telecommunications Unit of Village can be established due to the case of requirement and need.
Article 49 (Amended): Rights and Duties of the Ministry of Post and Telecommunications
In the management of postal services, the Ministry of Post and Telecommunications has the following rights and duties:
1. Study and establish policies, strategies, programs, plans and projects regarding the postal service development to propose to the government for consideration;
2. Study, establish and improve the laws and other acts on postal services;
3. Elaborate and disseminate policies, strategies, laws and regulations, programs, plans and projects on nation-wide postal services;
4. Instruct and observe postal service implementation of postal service sector at lower stage;
5. authorize, renew, suspend, withdraw or terminate business license of designated operator with branch and international postal service;
6. Warn or lay down disciplines on individuals, juristic persons or organizations that violate this law and other relevant regulations;
7. Collect fees or tariffs, service charges and fines on postal business operation in accordance with laws and regulations;
8. Cooperate with the concerned sectors to study and improve fees or tariffs and service charges on postal services in each period;
9. Appoint communities to open any fragment of postal items;
10. Gather information and statistics on categories of postal services;
11. Consider, adopt forms, and also to approve issuance of postage stamps and other postal products as the proposal of the Lao Postal Enterprise, based on the agreement of concerned sectors;
12. Accept and consider to correct proposals on postal services;
13. Establish plans, train and upgrade postal staffs;
14. Cooperate with the concerned sectors to define the lists of prohibited items on postal services;
15. Relate and cooperate with foreign countries, regions and international organizations on postal services;
16. Summarize and report the implementation to the government on regular time;
17. Execute rights and duties as defined in the laws and regulations.
Article 50 (Amended): Rights and Duties of Post and Telecommunications Department in Provinces, Capital
In the management of postal services, the Post and Telecommunications Department in Provinces, Capital has the following rights and duties in the scope of its own responsibility:
1. Elaborate and implement the postal service plans issued by the Ministry of Post and Telecommunications;
2. Elaborate and disseminate policies, strategies, laws and regulations, programs, plans and projects on postal services;
3. Instruct and monitor implementation on postal services of the Post and Telecommunications Division in Districts, Municipalities;
4. Motivate and encourage people and all organizations in provinces, capital to use postal services;
5. Accept and consider to correct the proposals on postal services;
6. Authorize, renew, suspend, withdraw or terminate business licence of designated operator without branch, under its own responsibility;
7. Warn or lay down disciplines on individuals, juristic persons or organizations that violate this law and relevant regulations;
8. Collect fees or tariffs, service charges and fines on postal business operation in accordance with laws and regulations;
9. Appoint committees to open the fragment of postal items;
10. Gather, summarize information and statistics on categories of postal services;
11. Relate and cooperate with international organizations on postal services commissioned by higher stage;
12. Summarize and report implementation of postal services to the Ministry of Post and Telecommunications and administration authority of provinces, capital on regular time;
13. Execute rights and duties as defined in the laws and regulations;
Article 51 (Amended): Rights and Duties of Post and Telecommunications Division in Districts, Municipalities
In the management of postal services, the Post and Telecommunications Division in Districts, Municipalities has rights and duties in the scope of its own responsibility:
1. Elaborate and implement plans on postal services issued by higher level of Post and Telecommunications Sector;
2. Elaborate and disseminate policies, strategies, laws and regulations, programmes, plans and projects on postal services;
3. Motivate and encourage the people and all organizations in the districts, municipalities to use the postal services;
4. Accept and consider to correct proposal on postal services;
5. Appoint the committees to open the fragment of postal items;
6. Gather information and statistics different categories of postal services;
7. Summarize and report the implementation of postal services to Post and Telecommunications Department and administration authorities in district and municipality on regular time;
8. Execute rights and obligations as defined in laws and regulations.
Article 52 (New): Rights and Duties of Other Sectors
In the management of postal services of other sectors, especially the public work and transportation sector, public health sector, information, culture and tourism sector, financial sector, national defence sector, public security sector and other sectors under their own responsibility shall cooperate with Post and Telecommunications Sector.
The local administration authority in all stages has rights and duties to manage and protect the postal service infrastructure, and also to facilitate postal service activities in its own local area.


Chapter 2
Monitoring of Postal Services


Article 53 (New): Monitoring Authority on Postal Services
The monitoring authority on postal services is comprised of:
1. Interior Monitoring Authority refers to the same one as the Postal Management Authority as defined in the article 48 of this law;
2. Exterior Monitoring Authority refers to the National Assembly, Anti-Corruption and Government Monitoring Authority, State Audit Authority and Public, Mass Media and People.
Article 54 (Amended): Contents of Monitoring
The main contents of postal service monitoring are defined as the following:
1. Execution of policies and regulations on postal services;
2. Organization and activities of postal service sector;
3. Responsibility, action and method on performances of postal staffs;
4. Activities of postal service providers;
5. Execution of international agreements and conventions on postal services as the Lao PDR is a partner nation.
Article 55 (Amended): Types of Monitoring
Monitoring of postal services has the following three types:
1. Regular monitoring;
2. Monitoring with advance notice;
3. Emergency monitoring.
Regular monitoring is conducted under a regular plan and subject to the specified time.
Monitoring with advance notice is conducted outside the plan when deems to have requirement with prior notice to the monitored person.
Emergency monitoring is conducted on an urgent basis and without prior notice to the monitored person.


Part X
Policies Forward Persons with Outstanding Achievement and Measures Against Violators


Article 56 (Amended): Policies Forward Persons with Outstanding Achievement
An individual, juristic person or an organization with outstanding achievement conformed to this law shall be rewarded or shall be given with the appropriate policies on regulations.
Article 57 (Amended): Measures Against Violators
An individual, juristic person or an organization violated this law shall be re-educated, warned, disciplined, fined or shall be conducted subject to criminal sanction on heavy or light degree of violation, including payment of compensation shall be conducted by such violator.
Article 58 (Amended): Re-Education Measures
An individual, juristic person or an organization violated this law shall be re-educated and waned as the following conditions:
1. Postal staff does not facilitate and delay postal services without any reason;
2. Postal service provider and user affixed the used postage stamp on postal items or affixed postage stamps with lower or higher value than service charge;
3. Violation on light prohibition.
Article 59 (New): Measures on Discipline Sanction
Postal staff violated this law, such as criminal sanction and with light damage shall be disciplined as the following conditions:
1. Remind and warn such person, and record in his/her biographic data;
2. Suspend promotion, salary level and reward;
3. Discharge from position or move to another commission with lower position;
4. Dismiss out of official service without any policy.
The properties acquired by the disciplined person shall return them in full amount to organization.
Article 60 (Amended): Measures on Fine Sanction
Individual, juristic person or an organization violated this law shall be fined as the following conditions:
1. Operate the postal business without approval;
2. Provide services beyond the scope of authorization;
3. Allow any other persons to use or lease, and to transfer business licence to another person;
4. Send illegal items through postal services, hide the precious articles to send through postal services;
5. Any person committed violation and undergone re-education but such person still continues violation;
6. Types of violation defined in the laws and regulations.
The fine rate on violation is defined in the separate law and regulation.
Article 61 (New): Measures on Civil Sanction
Individual, juristic person or organization violated this law; such person caused damage to any other persons shall be in charge of compensation.
Article 62 (Amended): Measures on Criminal Sanction
Any persons violated this law shall be defined by the criminal sanction and shall be committed by criminal law or other relevant laws as defined in criminal punishment.


Part XI
Final Provisions


Article 63 (New): National Post’s Day
On 13th March of each year is defined for Lao National Post’s Day by the Government of the Lao PDR. Central and provincial stage implements such day for celebration in the appropriate form.
Article 64 (Amended): Implementation
The Government of the Lao People’s Democratic Republic implements this law.
Article 65 (Amended): Effectiveness
The law shall enter into force of 15 days after the date of the promulgating decree issued and the official memorandum signed by the President of the Lao People’s Democratic Republic.
This law is superseded by the Law on Postal Service No.06/NA, dated 17 May 2004.
Provisions and regulations conflicted this law shall be null and void.


The President of the National Assembly

(signature and seal) Pany YATHORTOU
 



Download English:Postal Law No. 45/NA, dated 25 December 2013

Download Lao:Postal Law No. 45/NA, dated 25 December 2013


List Measures Related to Legal Documents
NameDescriptionStatus
Application for the Establishment and Operation of a Postal BusinessIndividuals, juristic persons or both domestic and international organizations desirous of establishing and operating a postal business must file an application for approval by the Post and Telecommunications Ministry as defined in law on investment promotion, law on enterprise and other relevant regulationActive
Appropriateness of staff to the scale of the businessIndividuals, juristic persons or both domestic and international organizations desirous of establishing and operating a postal business must have qualified technical staff in numbers appropriate to the scale of the business as provided by regulationsActive
Appropriateness of technical competence and experience of staff required for the establishment and operation of a postal service businessIndividuals, juristic persons or both domestic and international organizations desirous of establishing and operating a postal business must have the qualified technical staff at the approximate level, with higher education experience in the area of postal services and with at least three years experienceActive
Capital and Equipment required for the establishment and operation of a postal service businessIndividuals, juristic persons or both domestic and international organizations desirous of establishing and operating a postal business must possess capital, office, equipment, tools, and vehicles as provided by regulationsActive
Prohibition on damaging or discrediting other postal service providersIndividuals, juristic persons or organizations are prohibited from damaging the reputation of other postal service providersActive
Prohibition on providing postal services without requisite approval/authorizationIndividuals, juristic persons or organizations are prohibited from providing postal services without approvalActive
Prohibition on selling postal stamps and products without approval/authorizationIndividuals, juristic persons or organizations are prohibited from selling postage stamps and other postal products without approvalActive
Prohibition on the unwarranted retaining, confiscation or inspection of postIndividuals, juristic persons or organizations are prohibited from retaining, confiscating, inspecting, opening envelops, cases, boxes, packages, postal items during the course of transport, except should there be solid evidence that proves that illegal articles are contained in any postal item or transport vehicleActive
Prohibitions on Postal Service Providers from accepting, dispatching and delivering postal items that are contained by illegal articles, prohibited articles or offences on postal regulationsPostal service providers are prohibited from accepting, dispatching and delivering postal items that are contain illegal articles, prohibited articles or offences on postal regulationsActive
Prohibitions on Postal Service Providers from allowing any other persons to use or lease, to transfer business license to another personPostal service providers are prohibited from allowing any other persons to use or lease, to transfer business license to another personActive
Prohibitions on Postal Service Providers from causing damage, loss, change in form, or deterioration of postal itemsPostal service providers are prohibited from causing damage, loss, change in form, or deterioration of postal itemsActive
Prohibitions on Postal Service Providers from collecting higher service charges from postal service users than defined values;Postal service providers are prohibited from collecting higher service charges from postal service users than defined values;Active
Prohibitions on Postal Service Providers from delaying the dispatch or delivery of postal items without any reasonsPostal service providers are prohibited from delaying the dispatch or delivery of postal items without any reasonActive
Prohibitions on Postal Service Providers from offering loans which are not in conformity with regulations on postal savings servicesPostal service providers are prohibited from offering loans in unconformity with regulations on postal savings servicesActive
Prohibitions on Postal Service Providers from opening envelops, cases, boxes, packages, postal items without the presence of sender or addressee or the concerned officerPostal service providers are prohibited from opening envelops, cases, boxes, packages, postal items without the presence of sender or addressee or the concerned officerActive
Prohibitions on Postal Service Providers from producing counterfeit money orders, postal checks, withdraw money in excess of limit and delay payment of service charges;Postal service providers are prohibited from producing counterfeit money orders, postal checks, withdraw money in excess of limit and delay payment of service chargesActive
Prohibitions on Postal Service Providers from providing services other than categories and scopes of the approved servicesPostal service providers are prohibited from providing services other than categories and scopes of the approved servicesActive
Prohibitions on Postal Service Providers from transmitting or accepting information that causes damage on the national economy society, culture, national stability, public security and social orderPostal service providers are prohibited from transmitting or accepting information that causes damage on national economy society, culture, national stability, public security and social orderActive
Prohibitions on Postal Service Providers from using an expired license on postal businessPostal service providers are prohibited from using an expired license on postal businessActive
Prohibitions on Postal Service Providers from violating any other laws and regulationsPostal service providers are prohibited from violating other laws and regulations.Active