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Legal Document
Title: Decree on the Notification and Enquiry of Trade Related Information Ref: 363/PM, dated 19 August 2010
Type: Decree
Responsible Agency: Ministry of Industry and Commerce
Issuing Date: 2010-08-19
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Lao People’s Democratic Republic

Peace Independence Democracy Unity Prosperity

**********

Prime Minister’s Office       Ref: 363 /PM
  Vientiane Capital,19 August 2010

                                                                                        

Decree on the Notification and Enquiry of Trade Related Information

- Pursuant to the Law on Government of Lao PDR no.02/NA, dated 6 May 2003;

- Pursuant to the proposal of the Minister of Industry and Commerce, no 1508/MOIC.FTPD, dated 6 August 2010

Prime Minister of Lao PDR Decreed as follows:

Chapter I

General Provisions

Article 1. Objective

The decree sets out principles and regulations on the notification and enquiry of trade related information, including information on sanitary and phytosanitary measures, technical barriers to trade, trade in services and other trade related information aim to promote access to information and participation in the development and implementation of trade related measures with a view to avoiding discrimination and unnecessary barriers to trade.

Article 2. Explanation of terms

The terms used in this decree have the meaning as follows:

  1. Trade related information means information on sanitary and phytosanitary measure, technical barriers to trade, trade in services and etc;
  2. Measures refers to laws, regulations and procedures in drafting, adopted, and implementing throughout the country, and information on membership and participation in regional and international organizations;
  3. Sanitary means hygienic, clean, healthy and free from all risks that endanger human and animal health;
  4. Phytosanitary means clean and free from decease and pests which is harmful for plant and plant product;
  5. Technical barriers to trade refers to technical regulations, standards and conformity assessment with objective to ensure the protection for health, environment, and national security;
  6. Notification of information refers to the notification on trade related measures to regional and international organization including the World Trade Organization with reasonable time period for comment;
  7. Enquiry of Information refers to the enquiry and response on trade related information of Lao PDR and foreign countries to individuals, legal entities, and regional and international organizations both in the country and abroad.

Article 3. Basic principles

The notification and enquiry of trade related information shall adhere to the following basic principles:

  1. Ensure consistency with national policies, laws and regulations, national socio- economic development plan, and regional and international economic integration agenda;
  2. Be transparent, fair, equal, and avoid discrimination and unnecessary barriers to trade;
  3. To ensure accuracy, reliability and up to date in publishing, notification and enquiry of information;
  4. Ensure participation by all interest parties both in the country and abroad in commenting on the draft of sanitary and phytosanitary measures and technical barriers to trade within a reasonable time period at least 60 days, except in urgent circumstances, but the notification still be proceeded to inform relevant parties;
  5. Publish sanitary and phytosanitary measures and technical barriers to trade at least 180 days before they enter into force. In urgent circumstances, relevant sectors shall develop separate regulations.

Chapter II

 Information Notification and Enquiry

Article 4. Notification of trade related information

The Ministry of Industry and Commerce is the focal point on the notification of trade related information in collaboration with relevant sectors in central and local levels, and has the role in coordination, collection and notification of trade related information from central and local level to regional and international organizations including the WTO.

Article 5. Enquiry of trade related information

The Ministry of Agriculture and Forestry is the focal point on enquiry of information on sanitary and phytosanitary measures in collaboration with public health and relevant sectors in central and local levels, and has the role in coordination, collection and enquiry of such measure information for individuals, legal entities, and regional and international organizations both in the county and abroad.

The National Authority for Science and Technology is the focal point on enquiry of information on technical barriers to trade in collaboration with relevant sectors in central and local levels, and has the role in coordination, collection and enquiry of such measure information for individual, legal entities, and regional and international organizations both in the county and abroad.

The Ministry of Industry and Commerce is the focal point on enquiry of information on trade in service in collaboration with relevant sectors in central and local levels, and has the role in coordination, collection and enquiry of such information for individuals, legal entities, and regional and international organizations both in the county and abroad.

Chapter III

Final Provisions

Article 6. Implementation

The Ministry of Industry and Commerce, the Ministry of Agriculture and Forestry, the Ministry of Public Health and the National Authority for Science and Technology in collaboration with other relevant sectors shall develop detailed regulations on roles, obligations and rights, organizations, working mechanism and personnel within their sectors in order to ensure the implementation of this decree.

Industry and commerce, agriculture and forestry, public health, science and technology, and other relevant sectors in central and local levels shall be informed and implement this decree.

Article 7. Effectiveness

This decree shall be effective 60 days after the date of its signature. Any regulations, provisions contradict to this decree shall be annulled.

 

Prime Minister of Lao PDR            

 

[signed and sealed]               

Bouasone Bouphavanh        



Download English:Decree on the Notification and Enquiry of Trade Related Information Ref: 363/PM, dated 19 August 2010

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