Contents
Decision on the Rules of Operation of Environmental Technical Services
Article 2 Environmental Technical Services
Article 4: Principles on the Environmental Technical Services
Article 5: Scope of Application
Part 2: Environmental Technical Services
Article 6: Criteria of Technical Environmental Service Suppliers
Article 7: Standards of Specialists Article 8 Environmental Specialists Council
Part 3: Consideration and Licensing Procedures
Article 9: Consideration Procedures
Article 10: Receiving and Checking Documents
Article 11 Inspection of Companies
Article 12: Approval of a License
Part 4: Environmental Technical Services Operating License
Article 13: Environmental Technical Services Operating License
Article 15 Validity Period of License
Article 16 Suspension, Termination and Cancellation of License
Article 17 Modification of Enterprise Name and Location
Article 18 Expand or Reduce the Scope of Environmental Technical Services
Part 6: Expenditure and Service Charge
Article 23: Awards for Good Performance;
Article 24: Sanctions for Violation
Lao People’s Democratic Republic
Peace Independence Democracy Unity Prosperity
--------------------------
Ministry of Natural Resources and Environment | No: 0345/MONRE |
Vientiane Capital, dated: 22 Jan 2015 |
on the Rules of Operation of Environmental Technical Services
Minister of Natural Resources and Environment hereby issued a Decision:
General Provision
This Decision sets out the principles, criteria, procedures and measures related to the operation of environmental technical services in order to manage and monitor enterprises that provide environmental technical services to ensure quality and legal compliance in Lao PDR and to contribute to sustainable national socio-economic development.
Article 2 Environmental Technical Services
Environmental Technical Services comprise of:
The meanings of the terms that are used in this Decision are as follows:
Article 4 Principles on the Environmental Technical Services
The environmental technical services shall be based on the key following principles:
Article 5 Scope of Application
This decision applies to juridical persons or organizations that operate environmental technical services in Lao PDR.
Environmental Technical Services
Article 6 Criteria of Technical Environmental Service Suppliers
Juridical persons or organizations intending to establish an enterprise to operate environmental technical services shall satisfy the following criteria: :
Article 7 Standards of Specialists
Specialists to be included in the enterprise shall have the following qualifications and requirements:
Article 8 Environmental Specialists Council
The Environmental Specialists Council has a duty to provide consultancy services on natural resources and the environment particularly technical services related to the environment as described in the Article 2 of this Decision.
The functions of environmental specialists are to be implemented based on specific regulations.
Consideration and Licensing Procedures
Article 9 Consideration Procedures
Approval process comprises of following procedures:
Article 10 Receiving and Checking Documents
The Department of Environmental Quality Promotion shall receive and verify the accuracy of documents submitted for a license to operate environmental technical services. Where the documents are not accurate, enterprises will be informed and requested to make corrections within five working days., Where documents are correctly completed, the applicant shall make 5 more sets as provided in the forms. Such consideration shall be completed within 15 working days from the day all documents are completed in accordance with the principles and standards provided in this Decision.
The Department of Environmental Quality Promotion is responsible for the renewal of licenses to operate environmental technical services . The Department of Environmental Quality Promotion shall coordinate with line agencies after which the application for renewal shall be referred to the Ministry of Natural Resources and Environment for approval in accordance with regulations.
Where documents require amendment, but where the applicant does not provide the suggested amendments after 3 times during a period of 90 working days, there will be no reconsideration.
Article 11 Inspection of Companies
After completing the consideration process as provided in Article 10 of this Decision, the Department of Environmental Quality Promotion shall establish a technical inspection committee that comprises of representatives from the Department of Environmental Quality Promotion, Environmental and Social Impacts Assessment Group, relevant sectors in Ministry of Natural Resources and Environment and Division of Natural Resources and Environment in Provinces, Vientiane Capital which enterprises are located.
The inspection process for establishing of new enterprise or renew of license shall follow the criteria provided in the Article 6 and 7 of this Decision.
Article 12 Approval of a License
After successfully completing the inspection process in relation to compliance, the Department of Environmental Quality Promotion shall recommend to the Ministry of Natural Resources and Environment for approval of the Applicant in accordance with regulations.
Environmental Technical Services Operating License
Article 13 Environmental Technical Services Operating License
An Environmental Technical Services Operating License is a license issued by the Ministry of Natural Resources and Environment given to juridical persons or organizations in order to carry out operation of environmental technical services.
The enterprises that obtain a license shall use and operate strictly based on the criteria specified in the license.
Where there is a loss of license, such enterprises can request for a copy of such license stating the the reasons for the loss and providing a justification document.
Article 15 Validity Period of License
An Environmental Technical Services Operating License has a validity period of 2 years. The licensee shall, before 90 days of the expiration of the license apply for renewal of the license in accordance with the criteria provided in this Decision.
Where enterprises do not apply for a renewal of their license in accordance with paragraph one of this Article, the Department of Environmental Quality Promotion shall issue a notification that they shall stop the operation of environmental technical services in accordance with regulations.
Article 16 Suspension, Termination and Cancellation of License
Where enterprises do not follow the conditions provided in the license or violate relevant laws and regulations without ethics that cause serious environmental social and natural impacts, the Department of Environmental Quality Promotion shall report this to the Leads of Ministry of Natural Resources and Environment may suspend, terminate and cancel the license and implement measures provided in the Law on Environmental Protection.
The Department of Environmental Quality Promotion shall issue notifications to inform the industry and commerce sectors on the suspension, termination and cancellation of license in accordance with regulations.
Modification
Article 17 Modification of Enterprise Name and Location
Where there is a change of an enterprise’s name or location, a request for such a change of name and address shall be made to relevant line ministries in accordance with the laws and regulations.
Article 18 Expand or Reduce the Scope of Environmental Technical Services
Enterprises that intend to expand and reduce the scope of Environmental Technical Services that are not specified in their license shall submit a request to the Ministry of Natural Resources and Environment to so expand or reduce as provided in Article 10, 11 and 12 as this Decision.
Expenditure and Service Charge
Enterprises shall be responsible for all expenditure arising from work provided in Article 10, 11 and 12 as this Decision.
Enterprises shall pay a service charge for environmental technical services as provided in the Presidential Ordinance on Fees and Service Charges No. 003/PO, dated 26 December 2012.
Assessment and Report
The Department of Environmental Quality Promotion has the duty to assess the enterprise operation by coordinating with relevant sectors in the Ministry of Natural Resources and Environment and the relevant government sectors at central and local levels.
The Department of Environmental Quality Promotion has the duty to report the outcomes of the assessment to the leads of Ministry of Natural Resources and Environment.
Every Enterprise has an obligation to report their outcome from operation every six months to the Ministry of Natural Resources and Environment.
Awards and Sanctions
Article 23 Awards for Good Performance;
Enterprises that have outstanding achievements in the operation of environmental technical services and follow laws and regulations of Lao PDR will receive compliments and other appropriate rewards specified in policy.
Article 24 Sanctions for Violation
Enterprises that violate environmental laws and regulations and this Decision shall receive warnings, education, punishment, and fine, payment for civil damages or criminal punishment, depending on seriousness of the violation.
Final Provision
The Department of Environmental Quality Promotion, Environmental and Social Impact Assessment Group, relevant sectors in the Ministry of Natural Resources and Environment, Division of Natural Resources and Environment in Provinces, Vientiane Capital are assigned to strictly implement this Decision.
This Decision is effective from the date of signature and 15 days from the date of publication on Official Gazette.
Any provisions, regulations or notifications that are contradicted with this Decision shall be terminated.
Name | Description | Status |
---|---|---|
Additional Financial requirements for the establishment of an enterprise to operate environmental technical services | Juridical persons or organizations desirous of establishing an enterprise to supply environmental technical services must have financial resources of at least one hundred million Kip for the operation of other services not related to research, analysis, assessment and report on environmental, social and natural assessment, | Active |
Adequacy of Office Equipment and Stationery | Juridical persons or organizations desirous of establishing an enterprise to supply environmental technical services must have adequate stationery and office equipment | Active |
Compliance with the Law on Enterprises required for the establishment of an enterprise to operate environmental technical services | Juridical persons or organizations desirous of establishing an enterprise to supply environmental technical services must comply with the Law on Enterprises | Active |
Compliance with the Law on Investment Promotion required for the establishment of an enterprise to operate environmental technical services | Juridical persons or organizations desirous of establishing an enterprise to supply environmental technical services must comply with the Law on Investment Promotion | Active |
Economic Feasibility Study required for the establishment of an enterprise to operate environmental technical services | Juridical persons or organizations desirous of establishing an enterprise to supply environmental technical services must conduct an economic feasibility study | Active |
Enterprise registration certificate required for the establishment of an enterprise to operate environmental technical services | Juridical persons or organizations desirous of establishing an enterprise to supply environmental technical services must obtain an enterprise registration certificate | Active |
Expansion of the Scope of Environmental Technical Services Offered by Enterprises | Enterprises that intend to expand the scope of Environmental Technical Services that are specified in their license must submit a request to the Ministry of Natural Resources and Environment | Active |
Financial requirements for the establishment of an enterprise to operate environmental technical services | Juridical persons or organizations desirous of establishing an enterprise to supply environmental technical services must have financial resources of at least four hundred million Kip for the operation of environmental technical services, which must be certified by a bank operated under the laws of Lao PDR. | Active |
Modification of Enterprise Name or Location | when an enterprise intends to change its name or location, a request for such change(s) must be submitted to the relevant line ministries in accordance with the laws and regulations. | Active |
Reduction of the Scope of Environmental Technical Services Offered by Enterprises | Enterprises that intend to reduce the scope of Environmental Technical Services that are not specified in their license must submit a request to the Ministry of Natural Resources and Environment | Active |
Renewal of License | An Environmental Technical Services Operating Enterprise which possesses an Environmental Technical Services License must apply for the renewal of such license, before 90 days of the expiration of the license. | Active |
Specialists required for the establishment of an enterprise to operate environmental technical services | Juridical persons or organizations desirous of establishing an enterprise to supply environmental technical services must have at least three specialists who provide specific services related to natural resources and the environment based in the enterprise and who are not working under other enterprises | Active |
Specialists required for the establishment of an enterprise to operate environmental technical services and particularly engaged in research, analysis assessment and report on the environment | Juridical persons or organizations desirous of establishing an enterprise to supply environmental technical services must have least five specialists, in supplying services related to research, analysis, assessment and report on the environment, especially in the area of: forestry, hydrology, geology-minerals, biodiversity, society and others, who are not working under other enterprise | Active |
Use of License in keeping with specifications of the License | An enterprise that has been issued a license must operate exclusively in accordance with the specifications of the license | Active |
License requirements for environmental service providers | Applicants for a license to provide environmental services must attach an Enterprise Registration Certificate and a feasibility study with the application form | Active |
Minimum environmental specialists requirements for environmental service providers | Applicants for a license to provide environmental services must employ at least 3 environmental specialists for technical environmental business and at least 5 environmental experts for the provision of environmental consultation services | Active |
Minimum registered capital requirements for environmental service providers | Applicants for a license to provide environmental services are subject to a minimum registered capital of LAK 400 million for technical environmental business, LAK 100 million for the provision of environmental consultation service | Active |
Operation license for environmental service providers | Any entity providing environmental services must obtain a Business Operation License for such services from the Ministry of Natural Resources and Environment | Active |
Registration requirement for environmental service providers | All enterprises wishing to conduct environmental services must be registered with the MOIC. | Active |
Requirement to renew the environmental business operation license | The environmental business operation license is valid for 2 years, and must be renewed within 90 days before its expiration. | Active |