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Legal Document
Title: Law on Science and Technology No. 30/NA, dated 19 July 2013
Type: Law
Responsible Agency: Ministry of Science and Technology
Issuing Date: 2013-07-19
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Content

 

Part I
General Provisions

 


Article 1. Objective

Article 2. Science and Technology

Article 3. Science and Technology

Article 4. State Policy on Science and Technology

Article 5. Fundamental Principles relating to Science and Technology

Article 6. Scope of Application
 

Part II

The Scientific and Technological Activities
 

Chapter 1

Scientific and Technological Workings

 

Article 7. International Cooperation

Article 8. Scientific and Technological Workings

Article 9. Scientific Research

Article 10. Natural Science Research

Article 11. Social Science Research

Article 12. Technological Development

Article 13. Development of Innovation

Article 14. Scientific and Technological Services

 

Chapter 2

The Implementation of Science and Technology

 

Article 15. Implementation of Science and Technology by Public Funding

Article 16. Implementation of Science and Technology by Own Funding

Article 17. Procedure the implementation of science and technology

Article 18. Planning for the Implementation of Science and Technology

Article 19. Submission of Application to implement the Science and Technology

Article 20. Permission of implementing the science and technology
 

Chapter 3

Contracts of Scientific and Technological Workings

 

Article 21. Types of Contract

Article 22. Principles and Forms of Contract
 

Part III

Scientific and Technological Investment

Article 23. Contents of Contract

Article 24. Investment

Article 25. Forms of Investment

Article 26. Technology Application
 

Part IV

Organizations that Implement Scientific and Technological Activities
 

Chapter 1

Research and Development Entity, Enterprise and Marketing of Science and Technology

 

Article 27. Scientific Research and Technological Development Entity

Article 28. Science and Technology Enterprise

Article 29. Scientific and Technological Marketing

Chapter 2
National Academic of Science and Technology and Sect oral Science Council

 

Article 30. National Academic of Science and Technology

Article 31. Organization of the National Academic of Science and Technology
 

Chapter 3

Right, duty and obligation of Scientific and Technological Activity Operator

 

Article 33. Right of individual operating scientific and technological activity

Article 34. Obligation of individual operating scientific and technological activity

Article 35. Right of organization operating scientific and techno logical activity

Article 36. Obligation of organization operating Scientific and Technological Activity
 

Part V

Promotion of Science and Technology

 

Article 37. Promotion of Science and Technology

Article 38. Promotion of Human Resource

Article 39. Infrastructure Development

Article 40. Provision of Information

Article 41. Credit, Customs and Tax Incentives Policy
 

Part VI

Science and Technology Development Fund

 

Article 42. Establishment of the Fund

Article 43. Sources of the Fund

Article 44. Management and Utilization of the Fund


 

Part VII

Prohibitions

Article 45. General Prohibitions

Article 46. Prohibitions for Related Government Personnel

Article 47. Prohibitions for an Operator
 

Part VIII

Dispute Resolution

Article 48. Forms of Dispute Resolution

Article 49. Resolution through Compromise

Article 50. Administrative Resolution

Article 51. Resolution through Economic Dispute Resolution Body

Article 52. Court Proceedings

Article 53. Dispute Resolution of an International Nature
 

 

Part IX

Management and Inspection
 

Chapter 1
 

Management

Article 54. Management Organizations

Article 55. Rights and Duties of the Ministry of Science and Technology

Article 56. Rights and Duties of the Provincial [and] Capital Department of Science and Technology

Article 57. Rights and Duties of District [and] Municipality Office of Science and Technology
Article 58. Rights and Duties of other relevant Sectors

Chapter 2
Inspection

Article 59. Inspection Authorities

Article 60. Content for Inspection

Article 61. Forms of Inspection
 

Part X

National Science Day, Symbol, Insignia and Uniform

 

Article 62. National Science Day

Article 63. Symbol, Insignia and Uniform
 

Part XI

Incentives toward Outstanding Performers
and Measures against Violators

 

Article 64. Incentive towards Outstanding Performers

Article 65. Reception of Title, Position and Honorable Status

Article 66. Scientific Awards

Article 67. Measures Against Violators
 

 

Part XII

Final Provisions

 

Article 68. Implementation

Article 69. Effectiveness


(Unofficial Translation)
Lao People’s Democratic Republic
Peace Independence Democracy Unity Prosperity


National Assembly No. 30 / NA
Vientiane Capital, date: 19 July 2013


Law on Science and Technology
Part I
General Provisions


Article 1. Objective
This Law determines the principles, rules and measures relating to the management and monitoring of scientific and technological activities to enable such activities to develop in a systematic manner with an aim to enhance and promote scientific research, application of science, transfer of technology, invention, innovation and new advanced technology services that contribute to industrialization and modernization as well as socio-economic development and national protection and regional and international integration.


Article 2. Science and Technology
Science is the knowledge system about phenomena and rule of nature and society including object, things and imagination based on the actual experiment.

Technology is the process of transforming resources into products to serve the society by means of using tools, energy, Vehicle , methods and specific production approaches.


Article 3. Definitions
The terms as used in this law have the following meanings:
1. Innovation refers to the use of knowledge, capacity, production methods and scientific and technological experience to research, invent, serve [and] develop new forms of quality products and goods which are to be introduced to the society;
2. Fundamental scientific research refers to the natural and social scientific research processes aiming at increasing fundamental scientific knowledge;
3. Applied scientific research refers to the process of research activities in which the fundamental scientific knowledge has been used in order to develop the products to serve the society;
4. Transfer of technology refers to the transfer of ownership or usage right partly or wholly of technology of an individual or organization who has legal rights;
5. Expansion of trial experiment refers to the use of the findings of scientific research in order to pilot the creation of new technologies and new products;
6. Trial production refers to the activity of applying the results of experimental development to small-scale trial production to perfect new technologies [and] new products and comply with the targets before putting them into production and introduce to the society;
7. Scientific and technological research infrastructure refers to technology and material foundation of various organizations implementing the scientific and technological activities including standardization and metrology system, high technology zone, research institute, technology research and experiment center and scientific and technological operation center;
8. Clean technology refers to the development [and] change of production methods through the use of technology with highly effective and causes less pollution to the society and environment;
9. Biotechnology refers to the process of applying technologies that are used in the biology, living things or their components to invent or change products or processing process in a specific use;
10.Nanotechnology refers to the process of building or analysis of the smallest physical, chemical and biological objects in nanometer (1/1.000.000.000 meter) of atom and molecule with accuracy and is applicable in all areas including medical, electronic equipment, machinery technology and biological technology.


Article 4. State Policy on Science and Technology
The State encourages the importance of research and development and the application of advanced science and technology as the leverage and highly effective break-through vehicles to support and accelerate the national socio-economic development on a continuous, consistent and sustainable manner, ensuring national security and safety, and to enhance livelihoods materially and spiritually of all Lao people.

The State provides scientific and technological research infrastructure, education, upgrading and employment of human resources, granting positions, [honorable] status and qualification and scientific awards, supports and promotes the use of research findings, provision of budget, establishment and access to capital sources and provision of scientific and technological information.
The State promotes activities and investment of domestic and foreign individuals, legal entities and organizations to the scientific and technological activities by laying down policy on credit, exemption or reduction of customs duties and taxes in accordance with laws and regulations to accommodate with investment.


Article 5. Fundamental Principles relating to Science and Technology
The scientific and technological activities shall comply with the following basic principles:
1. In line with the policy direction and strategy in the National Socio-Economic Development Plan, with into the destination of
industrialization and modernization plan
2. Ensure safety towards the lives, health, properties, environment, legitimate rights and interests of the people;
3. Ensure equality, transparency and justice in the research and development of science and technology;
4. Ensure the public and society involvement in the research [and] development of science and technology;
5. Comply with and enforce the international conventions and agreements to which Lao PDR is a party.


Article 6. Scope of Application
This Law is applicable to domestic and foreign individuals, legal entities and organizations that live and carries out scientific and technological activities in the Lao PDR.


Article 7. International Cooperation

The state promotes foreign, regional and international cooperation in relation to scientific, technological and innovative activities through exchange experiences, information on research, researchers, scientists and technological transfer, organizing the fair, exhibitions, attraction of technical assistance and scientific foundation including complies with requirements in international conventions and agreements to which the Lao PDR is a party.


Part II
The Scientific and Technological Activities
Chapter 1
Scientific and Technological Workings


Article 8. Scientific and Technological Workings
Scientific and technological workings are as follows:
1. Scientific research;
2. Technological development;
3. Development of innovation
4. Scientific and technological services.


Article 9. Scientific Research
Scientific research is the process of discovering, building of understanding about phenomena, laws on natural and society including material and imagination.

Scientific research consists of natural and social sciences research which including fundamental scientific research and applied scientific research.


Article 10. Natural Science Research
Natural science research is the process of discovering the phenomena [and] law of nature that to be the foundation scientific evidence and to be applied for social-economic development, national defense and security, health care, environmental protection, and reasonable use of natural resources including the search for causes, management methods and mitigate the impacts of natural disaster.


Article 11. Social Science Research
Social science research is the process of discovering the phenomena [and] law of society as it shall provide scientific evidence and foundation for formulating of policy,
strategy, pattern of social and economic development that are consistent with the characteristics and potential of the country including the research for cultural identity and feature of Lao people of all ethnic groups.

Social science research in Lao PDR is determined in a specific regulation.


Article 12. Technological Development
Technological development is the creation of new technology and new products through the process of applying findings of research, analysis and trial production into actual application.

Technological development focuses on biotechnology,technology that uses renewable energy and new materials, informatics science and technology, mechanical technology, automation of technology, clean technology, traditional knowledge and nanotechnology to enhance the needs in the production process and business activities in science and technology.


Article 13. Development of Innovation
The development of innovation is an evolution process in transforming new technology to create new production methods or new products or new goods with higher quality.

The development of innovation focuses on the creation of agricultural [and] industrial production methods and new services, particularly traditional and potential products of the national to raise the quality and competitiveness in the domestic and international markets.


Article 14. Scientific and Technological Services
Scientific and technological services refers to the provision of data, knowledge, technique, methods for scientific research and technological development, services on intellectual property, standard, metrology, technology transfer, consultancy, environmental protection, radiation-nuclear safety and security for hazardous chemical substances.

Services related to scientific and technological findings shall be [provided on a] widespread to people and society such as health promotion, production process and development throughout the country according to the laws and regulations.


Chapter 2
The Implementation of Science and Technology


Article 15. Implementation of Science and Technology by Public Funding
Individuals, legal entities and organizations engaged the implementation of science and technology supported by government budgets are required the permit from the relevant sectors with through coordinating the science and technology sectors.


Article 16. Implementation of Science and Technology by Own Funding
Individuals legal entities and organizations engaged the implementation of science and technology supported by own funds are not required to apply for an operating permit, except sectors that are under the sensitive sector are needed the compliance certificate for informed the topics of research and development which be following the principles of scientific and technological activities.


Article 17. Procedure the implementation of science and technology
The implementation of science and technology under the procedure are following [shall] have:
1. Planning;
2. Application for a permit;
3. Permission procedure.


Article 18. Planning for the Implementation of Science and Technology
The implementation of science and technology must be determined a plan, program, project and research topic shall be registered with the relevant sectors according to the regulations.
For a research project and research topic must be approved by the relevant sectoral science council.

Details of the] formation of a plan, program, project and research topic are determined in a specific regulation.


Article 19. Submission of Application to implement the Science and Technology
Individuals, legal entities and organizations wishing to manage Scientific and technological activities shall submit an application and supporting documents to the science and technology sector through their own sector concerned as defined in the Law on Investment Promotion and Law on Business.


Article 20. Permission of implementing the science and technology
The science and technology sector shall consider the issuance of a permit to the applicant within thirty days from the date of receiving such application. If such application and supporting documents are not correct and incomplete, the science and technology sector shall inform the applicant in writing within ten working days since the date of receiving such application to make them correct and complete.

In case of an application is rejected the science and technology sector [shall] notify the applicant with reasons within ten [working days] from the date of reception such application.


Chapter 3
Contracts of Scientific and Technological Workings


Article 21. Types of Contract
Contracts with regard scientific and technological workings are as follows:
- Contract on scientific research;
- Contract on technological and innovative development;
- Contract on transfer of technology;
- Contract on scientific and technological services.

A contract for scientific and technological workings may be made between a researcher/s, technologist research, scientist/s, developer/s and innovator/s and individual, legal entity and organization.


Article 22. Principles and Forms of Contract
The contract regarding scientific and technological workings shall be made in writing and shall comply with the principles of contract formulation as defined in the Law on Contract and the Tort Law.

Article 23. Contents of Contract
The contract regarding scientific and technological workings shall consist of the following main contents:
1. Name, surname of the parties to the contract;
2. Objectives, value, operation period, payment and transportation;
3. Main contents and outcomes to be received;
4. Methods for valuation, calculation and collection of the results;
5. Place where the contract shall be implemented;
6. Intellectual property;
7. Responsibilities and sharing of benefits;
8. Consequences of contract violation; 3
9. Forms and Dispute Resolution Entities;
10. Amendments and Termination of Contract before schedule;
11. Other contents as agreed upon by the parties.


Part III
Scientific and Technological Investment


Article 24. Investment
Domestic and foreign individuals, legal entities and organizations may invest into the scientific research, technological and innovative development and transfer of technology, scientific and technological services.

The State sees the priorities of investment into the scientific and technological research and development one percent (1%) of the Gross Domestic Investment each year and shall be increased budgetary each year up to necessity condition;


Article 25. Forms of Investment
Individuals, legal entities and organizations invest in the science and technology shall follow the forms of investment as stipulated in the Law on Investment Promotion Law on Enterprise and other relevant laws.

Article 26. Technology Application
Individuals, legal entities and organizations investing in the science and technology encouraged where appropriate to use new, advance [and that]save energy, labor, raw materials and environmental friendly technologies into their production and business operations and comply with the technical standards as defined by relevant sectors.



Part IV
Organizations that Implement Scientific and Technological Activities


Chapter 1
Research and Development Entity, Enterprise and Marketing of Science and Technology


Article 27. Scientific Research and Technological Development Entity
Scientific Research and Technological Development Entity is an organization that carries out research [and] development activities and promotion of innovative activities in Lao PDR moving toward to knowledge economic intelligence, applying scientific research and technology development into study research-studies, application in the business sector, scientific and technological services.
Scientific research and technological development entity mainly include:
1. National Academic of Science and Technology;
2. Sect oral Science Council.
In addition, there are State-supported research and development institutes, scientific academy, research stations, experimental and analytical stations, research and development centers, service centers, service offices, other organizations related to scientific and technological activities.
The organization and activity of the scientific research and technological development entities are determined in specific regulations.


Article 28. Science and Technology Enterprise
Individuals, legal entities and organizations wishing to establish a science and technology enterprise shall apply for an operating permit in accordance with the Law on Investment Promotion and the Law on Enterprise which is through technical certification and approval by the science and technology sector.
The establishment of a science and technology enterprise, in addition to the compliance with the requirements as defined in the Law on Enterprise, the following requirements shall also be applied:
1. Have a capacity to implement science and technology activities;
2. Implement scientific and technological production to obtain outcomes and products from such scientific research and technological development.


Article 29. Scientific and Technological Marketing
Scientific and technological marketing is the provision, exchange and transfer of technology the findings of result scientific research and technological development.
Scientific and technological marketing shall be carried out as follows:
1. Formulate a regulation on supporting the development of scientific and technological findings marketing;
2. Utilize and expand the findings of result scientific research and technological development into commercial products use to society;
3. Enhance the level of research, development and application of science and technology of the individual, legal entity and organization to meet the needs of sect oral and local development;


Chapter 2
National Academic of Science and Technology and Sect oral Science Council


Article 30. National Academic of Science and Technology
National Academic of Science and Technology is one of the organizations whose duties are to provide advice for formulation of policy, strategy, plan, program, project about scientific research, technological and innovative development; study and provide scientific evidence in setting up policy direction; evaluate and propose plans, programs, scientific research projects, certify and accredit research results, give complement, grant scientific positions, titles, honorable status and rewards to outstanding performers for scientific research and technological development.

Article 31. Organization of the National Academic of Science and Technology
The National Academic of Science and Technology consist of:
1. President;
2. Vice-President;
3. Committee;
4. Members that include some representatives, researchers, scientists and qualified people in the areas of scientific from both public and private sectors.
The organizational structure, rights, duties and activities of the National Academic of Science and Technology shall be determined in a specific regulation.


Article 32. Sect oral Science Council
The Sect oral Science Council is the technical organization that is established in various ministries, agencies, local level and other relevant sectors with the approval of the National Academic of Science and Technology, whose role and duties are to provide advice for studying and considering, assessing the achievement of supported research, analysis and development [and] application of technology so that they are consistent with policy direction, strategy, national social-economic development plan, sect oral development plans in each period.
The organizational structure, rights, duties and activities of the Sect oral Science Council shall be determined in a specific regulation.


Chapter 3
Right, duty and obligation of Scientific and Technological Activity Operator


Article 33. Right of individual operating scientific and technological activity
An individual operating scientific and technological activity has the following rights:
1. Research [and] expand intelligence in an innovative way;
2. Apply advancement of science and technology;
3. Protect intellectual property;
4. Transfer, assign, publish, disseminate scientific and technological achievement;
5. Receive financial and material supported on scientific and technological research;
6. Receive service charges for their research findings and in kind benefits for innovative work;
7. Capitalize their research findings in the production and business operations;
8. Receive information and receive capacity building and technical assistance from the government and other partnership;
9. Participate in scientific and technological activities;
10. Provide consultancy [and] provide comments on the development of scientific and technological plan of the organization where they belong to;
11. Review [and] assess their own performances;
12. Implement other rights as defined in the laws of Lao PDR.


Article 34. Obligation of individual operating scientific and technological activity
Any individual operating scientific and technological activity has the following obligations:
1. Contribute intelligence, knowledge and capacity in the scientific and technological development, to serve the national social-economic development plan, national defense and security;
2. Inform topic research and registration of result scientific research and technological development;
3. Transfer of scientific and technological research findings;
4. Protect environment;
5. Comply with [the requirements] of scientific and technological contract;
6. Keep confidentiality and protect the national interests;
7. Comply with other obligations as defined in the laws of Lao PDR.

Article 35. Right of organization operating scientific and techno logical activity
Individual operating scientific and technological activity has the following rights:
1. Take the lead in the research [and] innovation;
2. Apply the scientific and technological advances;
3. Jointly invest, Sign agreements and cooperate with other individual, legal entity and organization;
4. Train and develop human resources;
5. Receive incentives, promotion and priority for business operation;
6. Protect intellectual properties;
7. Transfer, hand-over technologies, publish and disseminate the research findings;
8. Cooperate and collaborate with international organizations based on the laws and regulations;
9. Perform other rights as defined in the laws of Lao PDR.

Article 36. Obligation of organization operating Scientific and Technological Activity
Organization operating scientific and technological activity has the following obligation:
1. Implement the activities in compliance with the technical standard according to the objectives as requested;
2. Register [research topic] and the scientific and technological achievements;
3. Maintain the findings of scientific and technological research as confidential;
4. Protect the rights and interests of the society and the nation;
5. Protect the environment;
6. Provide scientific and technological information;
7. Contribute to the training and development of human resources;
8. Keep and transfer the results of scientific research and technological development;
9. Cooperate with the sectors and local administrations where the activities are being implemented;
10.Reported findings result of scientific research and technological development;
11. Perform other obligation as defined in the laws of Lao PDR.


Part V
Promotion of Science and Technology


Article 37. Promotion of Science and Technology
The promotion of science and technology is the creation of favorable facilitation and support of the implementation of incentives to individuals, legal entities and organizations that operate activities in science, technology and innovation. The incentives include human resource development, infrastructure development, provision of information, budget, credit, customs and tax exemptions according to the laws and regulations.

Individual, legal entity and organization which including public and private partnership much be jointly cooperate scientific research and technological innovating and ownership using result of research and development.

Article 38. Promotion of Human Resource
Any legal entity and organization operating of scientific and technological shall be encouraged to have its policy, human resource development plan, budget allocation and provision of educational fund to be used for the building, training and upgrading professional [and] technical skills for their personnel and talented persons in science and technology.

Persons with outstanding performance and achievement in scientific research and technological development shall be subject to complement, granting positions, title, honorable status and scientific prizes to such outstanding performers as determined in a specific regulation. For legal entity and organization with outstanding performances are also subject to such awards.

Article 39. Infrastructure Development
Any legal entity and organization operating of scientific and technological may invest in developing and applying technical infrastructure and research institute at the national, sect oral and local levels.

Article 40. Provision of Information
An individual, legal entity and organization operating of scientific and technological shall collect, establish a database and provide information, science and technology statistics data as well as report to the relevant management authorities in a systematic, complete and accurate manner.

Findings result of scientific research, technological and innovative development of the domestic and foreign shall obtain certificate [and shall be] recorded, exchanged and disseminated to the society for application according to the laws and regulations.

Article 41. Credit, Customs and Tax Incentives Policy
In operating scientific and technological activities of an individual, legal entity and organization may receive incentives in getting low interest loan and have priority to utilize the grant from the science and technology fund.

Individual, legal entity and organization may receive customs and tax exemptions or reductions including the importation of vehicles, machineries and equipment to be used in the scientific research and technological development according to the laws and regulations.


Part VI
Science and Technology Development Fund


Article 42. Establishment of the Fund
The State allows the establishment of the science and technology development Fund to support scientific research, technological and innovative development and application at the central and local levels for the production and livelihood of people.

Article 43. Sources of the Fund
The Science and Technology Development Fund is the monetary and material fund received from:
1. Government budget;
2. Donations or contribution from domestic and foreign individuals, legal entities and organizations;
3. Grants and loans from domestic and international organizations;
4. Income generating activities, such as exhibition of findings of scientific and technological research; scientific, technological and innovative creation contest and other activities;
5. Interest from the deposit or the dividend generated from such fund;
6. Other incomes that are legally received.

Article 44. Management and Utilization of the Fund
The management and utilization of the fund has [is supervised by] the Fund Management Committee that is determined in a specific regulation.
The Fund Management Committee manages and uses such fund according to the objectives as defined in Article 42 of this Law.


Part VII
Prohibitions


Article 45. General Prohibitions
Any individual, legal entity and organization are prohibited to act as follows:
1. Operate the scientific and technological activities without permission;
2. Create barriers and obstruct the promotion and development of scientific and technological activities;
3. Use technology that is out of date and waste a lot of natural resources, destroy; environment;
4. Bring from others findings result of research into owner;
5. Wroth technical repairing negative dangerous impact to society
6. Other acts that violate the laws and regulations of Lao PDR.

Article 46. Prohibitions for Related Government Personnel
Related government personnel are prohibited to act as follows:
1. Abuse of power, authority, positions, coerce others people for self and group enrichment;
2. Request for, ask for, take bribe or other benefits;
3. Disclose the confidential documents of the Nation, of the Government and of the Operator;
4. Retard, prolong the process for consideration of various documents unreasonably;
5. Other behaviors that violate the laws and regulations of Lao PDR.

Article 47. Prohibitions for an Operator
The operator scientific and technological activities are prohibited to act as follows:
1. Operate scientific and technological activities without authorization or inconsistent with the authorized activities, except operations of individuals as defined in Article 16 of this Law;
2. Use his/her permit as the guaranty or as the share contribution, lend, lease, transfer or sell to others person;
3. Abuse of scientific and technological activities for rent seeking behaviors for himself and the group;
4. Pay the kickback, offer bribery to the relevant government or private officers;
5. Use violence action or refer to the names of somebody to threat relevant officers;
6. Falsify the documents, use the forged document.
7. Other behaviors that violate the laws and regulations of Lao PDR.


Part VIII
Dispute Resolution


Article 48. Forms of Dispute Resolution
Dispute resolution maybe carried out by any of the following:
1. Compromise;
2. Administrative resolution;
3. Resolution through economic dispute resolution body;
4. Court proceedings;
5. Resolution with international nature.

Article 49. Resolution through Compromise
In case a dispute arises related to scientific and technological activities, both Parties may discuss, negotiate or compromise.

Article 50. Administrative Resolution
In case a dispute arises related to scientific and technological activities, both Parties are entitled to request relevant sector where the permission is granted to consider addressing the dispute according to relevant laws and regulations.

Article 51. Resolution through Economic Dispute Resolution Body
In case a dispute arises related to scientific and technological activities, both Parties are entitled to request to the Economic Dispute Resolution Body to consider and reach a decision according to the laws and regulations.

Article 52. Court Proceedings
In case a dispute arises related to scientific and technological activities, one of the Parties may sue the case to People’s Court to consider and make judgment according to the laws and regulations.

Article 53. Dispute Resolution of an International Nature
Dispute resolution of an international nature for the scientific and technological business operation, the Parties may refer the case to domestic, foreign or international dispute resolution bodies, based on the agreement or to follow the international agreements and treaties to which Lao PDR is a party.


Part IX
Management and Inspection
Chapter 1
Management


Article 54. Management Organizations
The Government shall centrally and uniformly manage supported science and technology activities throughout the country by designating the Ministry of Science and Technology to be responsible for [its] management by cooperating with other relevant ministries and parties and local administrations.
The Management organizations are comprised of:
1. Ministry of Science and Technology;
2. Provincial [and] Capital Department of Science and Technology;
3. District [and] Municipal Offices of Science and Technology.
In case of necessity, village units of science and technology may be established.

Article 55. Rights and Duties of the Ministry of Science and Technology
In the management of science and technology activities, the Ministry of Science and Technology has the following rights and duties:
1. Develop the policies, strategic plan, development plan and legislation regarding scientific and technological activities to propose to the Government for consideration;
2. Translate the above mentioned policies, strategic plans,
development plans and legislations regarding scientific and technological activities into detailed program, plan, project and legislation as well as to supervise the implementation;
3. Popularize and educate the policy, strategic plan and laws and regulations regarding scientific and technological activities;
4. Issue or remove the permit, certificate and accreditation of the scientific and technological activities depending on each case according to the laws and regulations;
5. Supervise, monitor and evaluate the implementation of scientific and technological activities;
6. Collaborate with the National Science and Technology Council, Sectoral Science and Technology Council, sectors at the central and local levels to consider research topics of national priority, budget, management mechanism and application of research findings;
7. Study, consider and propose the measures and solutions for the violation the laws and regulations about scientific and technological activities;
8. Manage, establish, train, upgrade the knowledge, capacity and expertise to the science and technology staff;
9. Supervise, manage, train the scientific and technological activities at local levels under their jurisdictions;
10.Collaborate and cooperate with other countries and international organizations to promote scientific research and development and application of new advanced technology;
11.Summarize, consolidate the scientific and technological activities, then, report to the Government;
12.Perform other rights and duties as defined in the Laws and regulations.

Article 56. Rights and Duties of the Provincial [and] Capital Department of Science and Technology
In the management of science and technology activities, the Provincial [and] Capital Departments of Science and Technology has the following rights and duties:
1. Translate and implement policies, strategic plan, laws and regulations regarding scientific and technological activities include advocacy, dissemination of such works in its respective localities;
2. Supervise, monitor and collaborate with relevant sectors under its jurisdictions in the implementation of scientific and technological activities;
3. Issue or remove the permit for scientific and technological activities based on the scope of its respective responsibilities in accordance to their roles;
4. Supervise, monitor and evaluate the implementation of scientific and technological activities of the district and municipality;
5. Study, consider and propose the measures, the solutions for violating the laws and regulations about scientific and technological activities under their jurisdictions;
6. Collaborate and cooperate with international organizations with regards to scientific and technological activities;
7. Summarize, consolidate the scientific and technological activities, then, report to its higher authorities;
8. Perform other rights and duties as defined in the Laws and regulations.

Article 57. Rights and Duties of District [and] Municipality Office of Science and Technology
In the management of science and technology activities, the District [and] Municipality Office of Science and Technology have the following rights and duties:
1. Effectively implement the policies, laws and regulations and plan regarding scientific and technological activities as well as to disseminate such activities in its respective localities;
2. Consider and propose to the Provincial [and] Capital Department of Science and Technology to issue or remove the permit for scientific and technological activities;
3. Consider and resolve proposal on the measures, the solutions for violating the laws and regulations about scientific and technological activities under their jurisdiction;
4. Collaborate with other relevant sectors in its localities;
5. Summarize, consolidate the scientific and technological activities, then, report to its higher organizations;
6. Perform other rights and duties as defined in the Laws and regulations.


Article 58. Rights and Duties of other relevant Sectors
In the management of science and technology activities, other relevant sectors have rights and duties to implement and manage the science and technology activities in accordance with their roles which in close cooperation with the science and technology sector.


Chapter 2
Inspection


Article 59. Inspection Authorities
Inspection authorities for scientific and technological activities will include the following:
1. Internal inspection authorities that are the same organization of science and technology management as defined in Article 54 of this Law;
2. External Inspection authorities are:
- National Assembly as defined in the Law on Oversight by the National Assembly;
- Governmental Inspection and Anti-Corruption Authority as defined in the Law on State Inspection;
- State Audit Authority as defined in the Law on Audit;
- Lao Front for National Construction, Mass Organizations, People and the Mass Media.
The external inspection aims to examine the performance of the management organizations for the science and technology so that they are strong, transparent, just and effective.

Article 60. Content for Inspection
Content for the inspection of scientific and technological activities include:
1. Inspect the implementation of policy, strategic plan, action plan, law and regulation on science and technology;
2. Plan, program, project, scientific research topics and technological development;
3. Perform scientific and technological activities;
In addition of inspection shall follow the content for inspection as defined in the relevant Laws and regulations.

Article 61. Forms of Inspection
There are three forms for scientific and technological inspection as follows:
1. Regular inspection is an inspection that follow regular plan with certain timeframe;
2. Inspection after notification is an inspection that is not included in the plan but is carried out by informing the audited person in advance;
3. Emergency inspection is an urgent inspection without informing the inspected person in advance.
An inspection of scientific and technological activities shall comply with law and regulation strictly.


Part X
National Science Day,
Symbol, Insignia and Uniform


Article 62. National Science Day
Lao PDR considers the 12th October as the National Science Day.
The Ministry of Science and Technology takes the lead in collaboration with central level organizations and local administration and all sectors in the society to contribute to the organization of the National Science Day Celebration each year with good contents and widely processes in order to promote scientific and technological activities.

Article 63. Symbol, Insignia and Uniform
The Ministry of Science and Technology shall identify the symbol, insignia and uniform of the staff under science and technology sector.


Part XI
Incentives toward Outstanding Performers
and Measures against Violators


Article 64. Incentive towards Outstanding Performers
Individuals, legal entities and organizations who have had outstanding achievements in scientific and technological research and development effectively as well as the role model for integrating into the national socio-economic development and implement the activities in compliance with the Law of Lao PDR shall receive appreciation or perform other policies, such as title, position, honorable status, scientific prize according to the laws and regulations.

Article 65. Reception of Title, Position and Honorable Status
Individual, legal entity and organization with outstanding performances in the research and development of science and technology, produced research papers that are certified and accredited by the National Science and Technology Council will receive title and position in science and technology.
Individual, legal entity and organization with outstanding performances in contributing intelligence, capital and material in the operation of science and technology activities will also receive honorable status.

Article 66. Scientific Awards
Individuals, legal entities and organizations both in the country and abroad with outstanding performance in contributing to scientific and technological research and development of Lao PDR shall receive scientific awards based on their actual performance.
Scientific and technological awards have three levels as follows:
– National award;
– Ministerial award;
– Local awards.
Scientific awards for each level are determined in a specific regulation.
The State recognizes foreign, regional and international scientific awards granted to Lao citizens in accordance with the laws and regulations.

Article 67. Measures Against Violators
Individuals, legal entities and organizations who violate this Law, including prohibitions, shall be educated, taken disciplinary measures, fined, compensated the damages or criminal prosecution based on the severity of the case.


Part XII
Final Provisions


Article 68. Implementation
The Government of the Lao People’s Democratic Republic is responsible for the implementation of this Law.

Article 69. Effectiveness
This Law is effective ninety days after the President of the Lao People’s Democratic Republic issues a Presidential Decree for Promulgation.
Any provision of any other law that conflicts with a provision of this Law shall be cancelled.


President of the National Assembly
Stamped and signed
Pany YATHOTOU



Download English:Law on Science and Technology No. 30/NA, dated 19 July 2013

Download Lao:Law on Science and Technology No. 30/NA, dated 19 July 2013


List Measures Related to Legal Documents
NameDescriptionStatus
Requirement for a license to establish science and technology enterpriseAn operating permit must be received to establish a science and technology enterprise by fulfilling criteria including technical certification.Active
Requirement for a license to implement science and technology projects by own fundingIndividuals legal entities and organizations engaged
in the implementation of science and technology projects
in sensitive sectors and are supported by own
funds must be licensed
Active
Requirement for information to be provided on the sharing of the resutls of scientific and technological activitiesA certificate must be received for results of scientific research and dessimination to the society.Active
Requirement for information to be provided when operating scientific and technological activitiesAn individual, legal entity and organization operating scientific and technology activities must collect, establish a database and provide information.Active
Requirement for investment in science & technology to be made in a form allowed by lawDomestic and foreign individuals, legal entities and organizations may invest in science and technology in the forms of investment allowed by the Law on Investment Promotion, Law on Enterprise and other relevant laws. These forms include A wholly domestic or foreign-owned investment; A joint venture between domestic and foreign investor; or A business cooperation by contractActive
Requirement for licensing to implement science and technology by public fundingIndividuals, legal entities and organizations engaged in
the implementation of science and technology
supported by government budgets must be licensed.
Active
Requirement for organizations operating scientific and technological activities to follow operating obligtionsOrganizations operating scientific and technological
activities must meet several criteria, including
transferring the results of scientific research and technological
development.
Active
Requirement for organizations operating scientific and technological activity to follow operating obligtionsOrganizations operating scientific and technological
activity must meet several criteria, including
registering the scientific and technological
achievements and keeping records
Active
Requirement for procedures to be followed in implementing science & technology projectsThe implementation of science and technology projects
must follow the procedure of planning; application
for a permit; and permission procedure.
For a research project a research topic must be
approved by the relevant sectoral science council
Active
Requirement for science and technology projects to be registeredThe implementation of science and technology projects
must have a plan, program, project and research
topic which must be registered with the relevant
sectors
Active
Requirement to prohibit the conduct of certain activities in implementing scientific and technological activities unless authorizedScientific and technological activities are prohibited, including operating without authorization or inconsistent with authorized activities.Active