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Legal Document
Title: Law on Publishing No. 05/NA, dated 9 December 2008
Type: Law
Responsible Agency: Ministry of Information, Culture and Tourism
Issuing Date: 2008-12-09
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Contents

Part I:GENERAL PROVISIONS

Article 1.Objective

Article 2.Publishing

Article 3. Words interpretation

Article 4. State’s Policy on Publishing

Article 5.Principles of the Publishing

Article 6.Scope of Applicability of the Law

Article 7. International Cooperation

Part II:PUBLISHING ACTIVITIES

Chapter 1:Printing’s Arrangement

Article 8.Printing’s Arrangement

Article 9.Arrangement of a Perfect Original Text

Article 10.Books, Printed Matters which will be reprinted

Article 11.Application for Authorization to Print

Article 12.Copyright on books and other Printed Matters

Article 13.Arrangement of the pages of Books

Article 14.Advertising inside books, other Printed Matters

Chapter 2:Printing

Article 15.Printing Operation

Article 16.Types of Printing Services

Article 17. Printing Contract

Article 18.Obligations to Hand over Books, other Printed Matters

Article 19.The Review of the Books, other Printed Matters

Chapter 3:Distribution

Article 20.Forms of Distribution

Article 21.Spreading to Sell

Article 22.Leasing, Borrowing and Distribution

Article 23.Books, other Printed Matters’ Exhibition

Article e24.Distribution through Internet

Article 25.Books, Printed Matters Exportation-Importation

Part III:Organization and Activities of the Publishing

Chapter 1:Establishment and Activities of the printing house

Article 26.Establishment of the printing House

Article 27.Requirements to Establish a Printing House

Article 28. Organization of the Printing House

Article 29.Owner of the Printing House

Article 30.Duties and Rights of the owner of the Printing House

Article 31.Duties and Rights of the Printing House

Article 32.Personnel of the Printing House

Article 33.Managing Director and Deputy Managing Director

Article 34.Editor in chief and Editors

Article 35.Standard of the Managing Director, Deputy Managing Director, Editor in Chief, Editors

Article 36.Duties and Rights of the Managing Director

Article 37.Duties and Rights of the Editor in Chief

Article 38.Duties and Rights of Editors

Article 39.Technicians of the Printing House

Article 40.Collaborators of the Printing House

Article 41.Change of the Printing House

Chapter 2:Organization and Activities of the Printing Press, Printing shop and Printing Design shop

Article 42.Establishment of Printing Press, Printing Shop and Printing Design Shop

Article 43.Requirements for the establishment of Printing press, Printing Shop and Printing Design Shop

Article 44.Duties and Rights of the Director of the Printing Press, the owner of the Printing Shop and Printing Design shop

Article 45.Conditions on the Acceptance to Print Books and other Printed Matters

Article 46.Printing Books, other Printed Matters in Foreign Countries

Article 47.Change of Printing Press

Article 48.Bidding to Print Books, other Printed Matters

Chapter 3:Organization and Activities of the Company and the Distribution Store

Article 49.Establishment of a company and a Distribution Store

Article 50.Requirements for Establishing a Company and a Distribution Store

Article 51.Duties and Rights of the Head of the Company or the Owner of the Distribution store

Part IV:Prohibitions

Article 52.Prohibitions to the Printing Arrangement

Article 53. Prohibitions for the Printing

Article 54.Prohibitions for the Distribution

Part V:Resolution of Dispute

Article 55.A Dispute which has a General Characteristic

Article 56.Dispute which has an International Characteristic

Part VI:Management and Inspection

Chapter 1:Management of the Publishing

Article 57.Publishing Management Organization

Article 58.Duties and Rights of the Ministry of Information and Culture

Article 59.Duties and Rights of Provincial, city’s Information and Culture Divisions

Article 60.Duties and Rights of the District, Municipality’s Information and Culture Offices

Article 61.Duties and Rights of other Organizations

Article 62.Publishing’s Association

Chapter 2:Inspection of the Publishing

Article 63.Publishing’s Inspection organization

Article 64.Duties and Rights of the Inspection Organization

Article 65.Contents of the Inspection

Article 66.Form of inspection

Part VII:Day, Insignia and Seal of the Publishing

Article 67.Publishing Day

Article 68.Insignia and Seal of the Publishing

Part VIII:Privileges towards Productive Persons and Measures against Violators

Article 69.Privileges towards Productive Persons

Article 70.Measures against Violators

Part IX:Final Provisions

Article 71.Implementation

Article 72.Effectiveness


Unofficial Translation – Rely on Lao version for authoritative purposes

LAO PEOPLE’S DEMOCRATIC REPUBLIC

Peace Independence Democracy Unity Prosperity

 

National Assembly                                                                                                    No 225/NA

 

RESOLUTION

of the

NATIONAL ASSEMBLY

of the

LAO PEOPLE’S DEMOCRATIC REPUBLIC

on the adoption of the Law on Publishing

 

  • Pursuant to Article 53, clause 2 of the constitution and Article 3, clause 2 of the Law on National Assembly of the Lao People’s Democratic Republic related to the rights and duties of the National Assembly.

Following the wide and in depth discussion by the 6th ordinary session of the National Assembly (VIth legislature) regarding the contents of the law on Publishing in the morning session on 9 December 2008.

The Session decides that:

Article 1.The Law on Publishing is adopted at qualified vote.

Article 2.The resolution shall enter into force on the date of its signature.

 

 

Vientiane capital, dated 9 December 2008

The President of the National Assembly

(Seal and Signature)              

Thongsing THAMMAVONG         

 

 

LAO PEOPLE’S DEMOCRATIC REPUBLIC

Peace Independence Democracy Unity Prosperity

 

President of the State                                                                                               No. 240/PO

Vientiane capital, dated 18 December 2008

 

DECREE

of the

PRESIDENT

of the

LAO PEOPLE’S DEMOCRATIC REPUBLIC

on the Promulgation of the Law on Publishing

 

  • Pursuant to chapter VI, Article 67, point 1 of the Constitution of the Lao People’s Democratic Republic which provides for promulgation of the constitution and the laws adopted by the National Assembly;
  • Pursuant to Resolution N. 225/NA, dated 9 December 2008 of the National Assembly of the Lao People’s Democratic Republic regarding the adoption of the Law on Publishing;
  • Pursuant to the proposal N.41/NASC, dated 16 December 2008 of the National Assembly Standing Committee.

 

The President

of the Lao People’s Democratic Republic decrees that:

Article 1.The Law on Publishing is hereby promulgated.

Article 2.The Decree shall enter into force from the date of its signing.

 

 

The President of the Lao People’s Democratic Republic

 

(Seal and Signature)

 

Choummaly SAYASONE

 

LAO PEOPLE’S DEMOCRATIC REPUBLIC

Peace Independence Democracy Unity Prosperity

National Assembly                                                                                                    N. 05/NA

Vientiane Capital, 9 December 2008

LAW ON PUBLISHING

Part I

GENERAL PROVISIONS

 

Article 1.Objective

The Law on Publishing determines principles, regulations and measures on the organization, activities, management, inspection, development of the publishing to be progressively expanded aiming to promote the invention in writing, reading, dissemination of directives, policies, laws and regulations, achievements in terms of intellectual property, providing knowledge, entertainment and others which are useful to the society, creating vision, qualification, a livelihood plan which is transparent to the readers, preventing any ideas and negative phenomena’s acts, contributing into the human resource development, the protection and the construction of the nation.

Article 2.Publishing

The publishing is an arrangement to publish, print and distribute by bringing all the results of a research, invention, translation, paintings or photos to correct, edit then compiling in a perfect original text in order to send to print in many copies under a form (of books, articles) electronic printed matters or other printed matters to distribute under different aspects.

Article 3. Words interpretation

Different words which are used in this law have the following meanings:

  1. The owner of the printing house is referred to organization or individual which obtain the authorization to establish a printing house;
  2. Printing house is referred to academic organization in the field of printing arrangement which has obtained the authorization to accurately establish;
  3. Editor is referred to the corrector, approval, edition of original text to be appropriate and complete;
  4. Print is referred to the bring of the original text to produce in books, electronic printed matters or other printed matters;
  5. Publishing products are referred to books, electronic articles or other printed matters for distributions;
  6. Electronic articles are referred to cassettes, CD, VCD, CD Rom and other types of memories;
  7. Cassettes , CD, VCD, CD Rom and other types of memories are referred to an apparatus to record a text sound, color, different pictures;
  8. Other printed matters are referred to printed matters which are not books such as: electronic printed matters, media printed matters, advertising board, leaflet, post card, calendar, greeting card, palm manuscript;
  9. Distribution is referred to the bringing of publishing products to sell, lease, borrow, dispatch, exhibit or export, import books, other printed mattes;
  10. Publishing activities are referred to the work on the arrangement to print, print and distribute;
  11. Publishing organization is referred to the printing house, printing press, printing design shop, company or distribution shop;
  12. Printing press is referred to the place to print books, other printed matters by using the typographic machine, offset, lines printer and digital device;
  13. Printing shop is referred a small size printing place which use an easy technique in printing such as: photocopy shop, silken curtain printing shop and other;
  14. Printing design shop is referred to the place where to arrange the original text, color print separation and other;
  15. Distribution through internet is referred to the bringing of books, other printed matters to distribute through the internet;
  16. Copyright is referred to the ownership right of the results that are obtained from its intelligence to invent or write in the field of art, literature and science of which other people can not violate such right.

Article 4. State’s Policy on Publishing

The State promotes and develops the publishing to be expanded in quantity and quality, encourages the invention and writing, reading, seeking to widely, thoroughly learn and know through different policies such as: the building and recruitment of personal, the provision of budget, credit, vehicles, technical equipment, modern technology, the award of honorary titles and honorarium of inventor, writer, policy of exemption or reduction of tax and custom duty in accordance with laws and regulations.

The State promotes and encourages organizations, individuals both in domestic and in foreign countries to contribute by providing vehicles, materials and equipment, a fund into the development of publishing including the publishing operations which are not contradict to laws and regulations.

Article 5.Principles of the Publishing

The principles of the publishing are as follows:

  1. The publishing shall be useful to the protection and the development of the nation, providing knowledge, entertainment to the society appropriately to directives, policies, laws and regulations and the fine tradition of the nation and also consistent to the market economy mechanism;
  2. The publishing shall be controlled through the edition of the printing house and shall be obtained the authorization from the relevant publishing management organization;
  3. The publishing products which have already been registered the publishing can be registered the copyright with the relevant organization; organizations or other individuals which have the purpose to make photocopy to distribute such publishing products shall obtain the authorization from the owner of the copyright and publishing management organization.

Article 6.Scope of Applicability of the Law

This law is applied to individuals and organizations both domestic and foreign countries that are related to the publishing under this law except the printing which has a special characteristic: bank note, secret code.

Article 7. International Cooperation

The State promotes the relationship with foreign countries, regional and world organization regarding the publishing by encouraging the technical activities, exchanging experience, the result of the research and outstanding invention and writing, upgrading the ability of officials, seeking to attract fund, technology and others in order to make the publishing has a progress, modern based on the respect of independence, principles, integrity, liberty and gaining mutual benefits in consistent with international agreement and convention that the Lao PDR in a party.

 

Part II

PUBLISHING ACTIVITIES

Chapter 1

Printing’s Arrangement

Article 8.Printing’s Arrangement

The printing arrangement is the gathering of the results of the research, invention and writing, the translation, paintings or photographs to correct, edit then comply in a perfect original text and applying the authorization to print.

Article 9.Arrangement of a Perfect Original Text

The printing house and the owner of the original text have the duties to correct together and edit the original text to become a perfect original text in order to apply for authorization to print.

The joint arrangement of the original text shall be conducted according to the agreement in different forms such as: mutually divide the benefits or the owner of the original text may definitely sell such original text or having a determined duration.

Article 10.Books, Printed Matters which will be reprinted

Books, other printed matters which will be reprinted at each time shall obtain the consent from the owner of the copyright and shall be reviewed including books, other printed matters which were printed in foreign countries as original text or have been already brought to distribute in Laos.

Article 11.Application for Authorization to Print

The printing house shall bring the complete original text of all types of books, all titles to apply for authorization to print with the Ministry of Information and culture. For other printed matters it may apply the authorization to print with the Ministry of Information and culture or the relevant provincial, city information and culture division according to laws and regulations.

Such Publishing management organization shall consider for approval the authorization to print by issuing the publishing registration certificate within a period of fifteen official working days from the date of the receipt of the application onward. In case that it may not authorize to print, it shall answer to such printing house in writing.

Article 12.Copyright on books and other Printed Matters

The complete original text of books, other printed matters which are already registered the publishing may bring to register the copyright with the relevant science and technology sector in accordance with regulations.

The complete original text, other printed matters which are already registered the copyright will be acknowledged the right of the owner and will obtain the protection by laws.

Article 13.Arrangement of the pages of Books

The arrangement of the pages of books shall be carried out as follows:

  1. Hard cover book shall print the name of the book, the name of the writer or the translator, the printing house or office, organizations which obtain the authorization to publish, year of printing, relevant pictures (if any):
  2. Soft cover shall print according to clause 1 above, number of edition, the mark of the printing house;
  3. The back of the soft cover book shall print the name of the responsible of the publishing, the editor, the designer, number of registration, place of the printing, size, number of print, if it is a book that is translated shall print the name of the writer, the name of the printing house, the year of print, translate from what language, the name of the translator;
  4. Next to the soft cover page shall print the preface or opinion before printing the contents;
  5. In each page shall print the order of page number;
  6. The last page of the book shall print the document of reference and the sponsor to print books (if any):
  7. Soft back cover;
  8. Hard back cover

For the contents, it may be printed next to the preface or after the text.

Article 14.Advertising inside books, other Printed Matters

The goods and service advertising shall be arranged to print inside the books, other printed matters in accordance with regulations.

Books, other printed matters concerning leaders shall not authorize to print goods and services advertisement.

 

Chapter 2

Printing

Article 15.Printing Operation

The printing is able to operate in the printing press, printing shop, printing design shop which obtain the authorization in compliance with laws and regulations by using an appropriate technique in the printing such as type, offset, laser, mimeograph, ink jet photocopy, silk material and other.

The owner of the printing press, printing shop and printing design shop shall properly operate the printing in accordance with the complete original text of the books, other printed matters that are hand-over and perform in compliance with the contract related to the printing as provided in Article 17 of this law.

Article 16.Types of Printing Services

The printing services are as follows:

  1. Printing press of the State, of private both domestic and foreign;
  2. Printing shop of the State, of private both domestic and foreign;
  3. Printing design shop of the State, of private both domestic and foreign.

The establishment of printing press, printing shop and such printing design shop shall be carried out in accordance with the Enterprise Law of the Lao PDR.

Article 17. Printing Contract

After the print has been registered, the owner of the books, other printed matters with complete original texts and the owner of the printing press, printing shop or printing design shop have entered in contract together to print in writing which determines the rights, obligations and the responsibilities of each party including the quality, duration of the print and the payment of the print cost.

Article 18.Obligations to Hand over Books, other Printed Matters

After the completion of the printing the owner of such books, other printed matters has the obligations to hand over to the relevant publishing management organization for making photocopy and offer to the library in accordance with regulations.

Article 19.The Review of the Books, other Printed Matters

After receiving books, other printed matters from the owner, the relevant publishing management organization shall review books, other printed matters that have brought to make photocopy in the reasonable time.

In the event that it has seen books, other printed matters which have the contents are not proper to the directives, policies, laws and regulations and the complete original text, the relevant publishing management organization shall write an official letter to the owner of the books, other printed matters for improving the contents or ordering to distribution’s shop or seeking ways to solve in accordance with laws and regulations including to get back if it is deemed as a severe mistake.

The wage of the review books, other printed matters is provided in a specific regulation.

 

Chapter 3

Distribution

Article 20.Forms of Distribution

The distribution of books, other printer matters has the following forms:

  1. Exposure to see;
  2. Leasing, borrowing and distributing;
  3. Exhibition;
  4. Distribution through Internet;
  5. Exportation-importation;

Article 21.Spreading to Sell

Books other printed matters may spread to sell with many methods through distribution’s companies, distribution shops, internet and others in consistent to laws and regulations.

Article 22.Leasing, Borrowing and Distribution

Books, other printed matters are able to lease in a certain period and may collect the leasing fees in accordance with regulations.

Individuals and organizations have the rights to bring their books, other printed matters to other people to borrow or distribute for reading, making research, collecting information in a certain period in accordance with regulations.

In case that the hirers or the borrowers make loss, tear apart, damage, become dirty that are not readable the interested person shall compensate in accordance with regulation.

Article 23.Books, other Printed Matters’ Exhibition

Individuals and organizations have the rights to exhibit their books other printed matters at the different places, at the time in accordance with regulations which have obtained the authorization from the publishing management organization and other relevant organization.

In case of necessity it may organize books, other printed matters’ fair including the cooperation with foreign countries.

Articlee24.Distribution through Internet

Books, other printed matters that are obtained the authorization to print have the rights to distribute through internet.

Article 25.Books, Printed Matters Exportation-Importation

Individuals and organizations wishing to export-import books, other printed matters shall apply for authorization from the publishing management organization and other relevant organization in accordance with laws and regulations.

 

Part III

Organization and Activities of the Publishing

Chapter 1

Establishment and Activities of the printing house

Article 26.Establishment of the printing House

Organizations of the party, of the State, Lao National Front for Construction, mass organizations, social organizations, Professional associations and individuals wishing to establish their printing house shall submit their application to the Ministry of Information and Culture.

The Ministry of Information and Culture shall consider the application within a time limit of three official working days from the date of the receipt of such application onward. In case of failure they shall give reasons in writing to the applicants.

Article 27.Requirements to Establish a Printing House

The establishment of a printing house shall have the complete following conditions:

  1. Name, purpose, goal of services expected to provide by the printing house and feasibility study;
  2. Organization mechanism and personal which meet the standard;
  3. Office, vehicles, technical equipment, capital to ensure to activities operation;
  4. The managing director or deputy managing director, editor in chief and editors shall have a certificate on arrangement to print, qualification or diploma on the arrangement to print.

Article 28. Organization of the Printing House

The organization of the printing house is comprised of:

  • The owner of the printing house;
  • Printing house;
  • Association of printing houses.

Article 29.Owner of the Printing House

The owner of a printing house is an organization of the party, of the State, of the National Front for Construction, Mass Organizations, social organizations and professional associations including the person who is the citizen which has obtained the authorization to establish a printing house and operate its activities on the arrangement of the printing in accordance with laws and regulations.

Article 30.Duties and Rights of the owner of the Printing House

The owner of the printing house has the main duties and rights as follows:

  1. Determine, direct objective, target to serve, scope of the arrangement to print books, other printed matters;
  2. Organize the mechanism of work assistance, build human resources and direct, manage, control the role performance, duties, rights, directions, plans and activities of his printing house;
  3. Create conditions and facilitate to the activities of his printing house;
  4. Propose to establish or dissolve his printing house;
  5. Appoint, transfer, remove the managing director, editor in chief, editors of the printing house from the consent of the relevant publishing management organization;
  6. Be responsible before laws according to role, duties and rights in the works of the printing house.

Article 31.Duties and Rights of the Printing House

A printing house has the main following duties and rights:

  1. Determine plans, projects, create short term and long term titles;
  2. Encourage, promote inventors, writers to make research and undertake the writing of contents of titles;
  3. Liaise, coordinate on the arrangement to print with relevant parties;
  4. Review the contents, arrange to be a complete original text of books, other printed matters;
  5. Apply for authorization to print books, other printed matters in accordance with regulations;
  6. Send the complete original text to the printing press;
  7. Pay the honorarium to the writers and their colleagues in accordance with regulations.

Article 32.Personnel of the Printing House

The personnel of the printing house is comprised of: Managing director, deputy managing director, editor in chief, editors, printing house’s technicians and colleagues which have been appointed or assigned from the owner of the printing house.

Article 33.Managing Director and Deputy Managing Director

The managing director is the highest administrator in the printing house and is directly responsible before the owner of the printing house and laws and regulations.

The deputy managing director is the assistant to managing director and is responsible to some works and acting on behalf of the managing director according to the assignment when the latter is unable to perform his duty.

The appointment, transfer or removal of a managing director and a deputy managing director is belonging to the owner of the printing house to make decision with the consent of the relevant publishing management organization.

Article 34.Editor in chief and Editors

The editor in chief is the person who has the rights to make decision on technical works in the printing house and is directly responsible before the managing director and laws and regulations.

The editor is the person who corrects the original texts of books; other printed matters and is responsible before the editor in chief and laws and regulations.

The appointment, transfer or removal of a editor in chief, editors is belong to the owner of the printing house to make decision with the consent of the relevant publishing management organization.

Article 35.Standard of the Managing Director, Deputy Managing Director, Editor in Chief, Editors

The managing director, deputy managing director, editor in chief, and editor shall have the following standard:

  1. Have a permanent place of origin in the Lao PDR;
  2. Hold Lao nationality and have an age of twenty one years or more;
  3. For the managing director, deputy managing director shall have a capacity in the management of general services and for the editor in chief, editor shall have capacity to edit;
  4. Have a high certificate and an experience in the field of publishing; for the deputy managing director or deputy editor in chief;
  5. Have a revolutionary principles and virtues;
  6. Know some of foreign language in a certain level;
  7. To be in good health.

Article 36.Duties and Rights of the Managing Director

The managing director of a printing house has duties and rights as follows:

  1. Make research, expand the plan lines regarding the activities of the printing house to the owner of the printing house for consideration;
  2. Elaborate plan to implement the printing arrangement projects of the printing house and be directly responsible before the owner of the printing house, laws and regulations concerning books other printed matters in compliance to his role;
  3. Direct, supervise, manage, monitor the printing arrangement works of editors in order to ensure the work performance to be proper in accordance with objective of the printing house;
  4. Establish the organization mechanism, train, upgrade the level of personnel and manage the proper result of the invention, the writing and to solve the living conditions within the printing house;
  5. Fix the whole sale and retailed sale of books, other printed matters from time to time with the consent of the owner of the printing house;
  6. Exercise such other duties and perform such other rights as provides by the laws and by the assignment of the owner of the printing house.

Article 37.Duties and Rights of the Editor in Chief

The editor in chief has duties and rights as follows:

  1. Implement in accordance with plan, projects of the printing house, laws and regulations on the print arrangement;
  2. Review and make decision in the field of technique regarding the print arrangement with the consent of the managing director;
  3. Coordinate with the owner of the books, other printed matters in case of necessity;
  4. Be directly responsible to the managing director, laws and regulations regarding the contents of the books, other printed matters that one’s has reviewed;
  5. Regularly summarize, report the result of his work performance on the review and the print arrangement to the managing director;
  6. Exercise such other duties and perform such other rights as provided by the laws or by the assignment of the managing director and the owner of the printing house.

Article 38.Duties and Rights of Editors

An editor has duties and rights as follows:

  1. Perform plans, projects of the printing house from the assignment of the editor in chief and adhere to laws and regulations on the print arrangement;
  2. Review, control to pass, compile the contents of the original text according to the assignment of the editor;
  3. Coordinate with the owner of books, other printed matters in case of necessity;
  4. Report to the editor in chief when it has seen the contents of the books, other printed matters are not in consistence with the directives, policies, laws and regulations;
  5. Regularly summarize, report the result of his work performance regarding the review and the print arrangement to the editor in chief;
  6. Exercise such other duties and perform such other rights as provided by the laws and by the assignment of the managing director and the owner of the printing house.

Article 39.Technicians of the Printing House

Technicians of the printing house are the personnel of the printing house that are comprised of the printing designer, painter, technician and other staff.Duties and rights of these technicians are defined in a specific regulation on printing house.

Article 40.Collaborators of the Printing House

The collaborators of the printing house are the persons who are not permanently posted to such printing house but they are experienced in writing editorials and participate into the invention and writing, review, compile books, other printed matters by receiving remunerations and other privileges from the printing house.Duties and rights of the collaborators are defined in a specific regulation on the printing house.

Article 41.Change of the Printing House

When the owner of the printing house wishing to change the name of the printing house, target to serve; the printing house shall request for authorization from the relevant publishing management organization according to the proposal of the owner of such printing house.

In case that there is a move of the place of the printing house or a dissolution of the printing house it shall report in writing to the publishing management organization the latest within fifteen official working days from the date of the move to another place or the dissolution onward.

 

Chapter 2

Organization and Activities of the Printing Press, Printing shop and

Printing Design shop

Article 42.Establishment of Printing Press, Printing Shop and Printing Design Shop

Individuals and organizations wishing to establish a printing press, printing shop and printing design shop shall submit their application to the relevant publishing management organization.

The publishing management organization shall consider within a period of fifteen official working days from the date of receiving such application onward. Incase that can not authorize it shall inform to the applicant in writing.

The authorization to establish the printing press, printing shop and printing design shop are defined in a specific regulation.

Article 43.Requirements for the establishment of Printing press, Printing Shop and Printing Design Shop

The establishment of printing press, printing shop and printing design shop shall have conditions as follows:

  1. Name, objective, targets, technical feasibility study and environmental impact;
  2. Location, vehicles, technical equipment, capital in order to ensure the activities operations;
  3. Personnel with qualifications, knowledge, capability in the field of printing;
  4. Obtain approval from the relevant sector.

Article 44.Duties and Rights of the Director of the Printing Press, the owner of the Printing Shop and Printing Design shop

The director of the printing press has duties and rights as follows:

  1. Adhere to laws and regulations, ensure the environment, the safety of the laborers in his printing press;
  2. Ensure the printing to be proper in accordance with the provisions of the contract as agreed with the printing house or the owner of books, other printed matters;
  3. Direct, supervise, manage and monitor the performance of printing works of his employees and workers;
  4. Regularly disseminate, educate directives, policies, laws and regulations especially on the printing and labor;
  5. Make decision on all issues arisen within his printing press;
  6. Establish the organization mechanism, be responsible to train, upgrade the printing’s professional skill to employees and workers under his responsibility;
  7. Regularly summarize, report the result of the implementation of the printing’s works to the publishing management organization.

For the duties and rights of the owner of the printing shop and printing design shop are defined in a specific regulation.

Article 45.Conditions on the Acceptance to Print Books and other Printed Matters

The acceptance to print books and other printed matters has conditions as follows:

  1. Shall have a publishing registration certificate from the publishing management organization;
  2. Shall have an agreement between the printing press and the printing house.

Article 46.Printing Books, other Printed Matters in Foreign Countries

Individuals and organizations wishing to print books, other printed matters in foreign countries shall submit their applications to the relevant printing house together with two sets of the original text of books, other printed matters.

Such printing house shall consider reviewing, compiling into a complete original text then submitting to request the authorization to print from the relevant publishing management organization. Such organization shall consider within a period of fifteen official working days from the date of receipt such proposal onward.

In case that it can not authorize, it shall give the reasons in writing to the applicant for information.

Article 47.Change of Printing Press

When there is an intention to change the name, target to serve, transfer or dissolve the printing press, printing shop and printing design shop shall be performed in accordance with Article 41 of this law.

Article 48.Bidding to Print Books, other Printed Matters

The bidding to print books, other printed matters shall be performed as follows:

  1. The person who participate into the bidding shall have complete conditions as required by the bidding responsibility committee;
  2. Each time of bidding shall have the authorization from the relevant publishing management organization;
  3. Each time of the opening of the bid shall have the representative of the publishing management organization;
  4. The bidding which has an international characteristic shall grant the priority to the Lao Printing Press.

 

Chapter 3

Organization and Activities of the Company and the Distribution Store

Article 49.Establishment of a company and a Distribution Store

Individuals and organizations wishing to establish a company or a books, other printed matters distribution store shall submit their applications to the relevant sector in accordance with laws and regulations.

Such sector shall consider within the period as provided in the enterprise law and other relevant laws. In case that it can not authorize it shall inform with reasons in writing to such applicant.

Article 50.Requirements for Establishing a Company and a Distribution Store

The establishment of a company shall have the conditions as follows:

  1. Name, objective, targets to serve and feasibility study;
  2. Location, vehicles, technical equipment, capital in order to ensure the activities operations;
  3. Personnel who has qualifications, knowledge, capability in the field of marketing;
  4. Receive approval from the relevant sector;

Requirements to establish a distribution store is defined in a specific regulation.

Article 51.Duties and Rights of the Head of the Company or the Owner of the Distribution store

The Head of a company has duties and rights as follows:

  1. Widely distribute and be conform with laws and regulations in order to make the society to gain knowledge (and) information;
  2. Regularly disseminate, educate directives, policies, laws and regulations mainly concerning the distribution and labor;
  3. Direct, control, manage and monitor the distribution by his employees and workers;
  4. Make decision to all issues within his company;
  5. Be responsible to train, upgrade the professional skill on distribution to employees, workers which are under his responsibility;
  6. Cooperate other printing house, and companies, books other printed matters distribution stores both domestic and foreign in conformity to laws and regulations.
  7. Expand his activities inside the country and abroad in accordance with laws and regulations;
  8. Regularly summarize, report on the result of the implementation of his distribution works to the publishing management organization and other relevant sectors.

For duties and rights of the distribution store are defined in a specific regulation.

 

Part IV

Prohibitions

Article 52.Prohibitions to the Printing Arrangement

The printing house is prohibited to arrange books, other printed matters as follows:

  1. Which threaten to the security, peace of the nation, the orderliness of the society, the secret of the State and official, the fine culture of the nation or the solidarity of the multi-ethnic population;
  2. Which contain indecent contents, promote narcotics abuse, gambling, hooliganism, blind belief;
  3. Which contain contents that distort the reality, threat to the dignity of the organization and other individuals;
  4. Which contain contents to promote acts that create damages to the benefits of the nation and the people

Article 53. Prohibitions for the Printing

It is prohibited to the printing press, printing shop and the printing design shop to act as follows:

  1. Over print, print or print design not conform to the agreement which is agreed with the printing house or store or bring to distribute without authorization;
  2. Bring books, other printed matters to print without receiving to authorization from the publishing management organization;
  3. Print books, other printed matters which are ordered to stop to print, be recollected, seized, forbidden to distribute and destroy;
  4. Import, use vehicles, materials and equipment, printing means or device to design the print which are not met the standard;
  5. Export books, other printed matters which have been authorized to print inside the country, to print in abroad;
  6. Design the print not in conformity and there is a threat to the dignity of the nation, leaders, ancestors, the solidarity of the multi ethnics and others.

Article 54.Prohibitions for the Distribution

It is prohibited to a company or a distribution store having acts as follows:

  1. Distribute unauthorized books, other printed matters or such were prohibited by the publishing management organization;
  2. Circulate, distribute books, other printed matters which have been ordered to stop to print, be recollected, be seized, be prohibited to distribute or be destroyed;
  3. Import books, other printed matters which are not listed in the authorization to import or not perform in conformity to items that are obtained the authorization to import;
  4. Export the palm manuscript and keep the original text without receiving the authorization from the publishing management organization.

 

Part V

Resolution of Dispute

Article 55.A Dispute which has a General Characteristic

The resolution of a dispute which has a general characteristic concerning the establishment and activities or business operation on the distribution of books, other printed matters is to let the parties to settle by the method of conciliation. If there is a failure, it is to submit to the publishing management organization at the place where one’s is subject to be the body to settle.

In case that the publishing management organization can not settle, it is to submit to the relevant economic arbitration to be the organ to mediate and arbitrate in accordance with laws and regulations.

In case that it can not be mediated and arbitrated; the parties have the rights to submit the application to the people’s court to consider adjudicating in accordance with laws and regulations.

Article 56.Dispute which has an International Characteristic

The resolution of dispute which has an international characteristic regarding the publishing of books, other printed matters is be performed in compliance to agreement, convention of which the Lao PDR is a party.

 

Part VI

Management and Inspection

Chapter 1

Management of the Publishing

Article 57.Publishing Management Organization

The State manages the publishing in centralized manner and is uniformity throughout the country by assigning to the Ministry of Information and Culture to be the focal in the management through coordination with other sectors and relevant local administration.

The publishing management organization is comprised of:

  • The Ministry of Information and Culture;
  • Provincial, city’s Information and Culture Divisions;
  • District, Municipality’s Information and Culture Offices.

Article 58.Duties and Rights of the Ministry of Information and Culture

In the management of the publishing activities the Ministry of Information and Culture has duties and rights as follows:

  1. Conduct research, draft policies, strategic plans, action plans, development plans, legal acts on publishing in order to propose to the government for decision then implement;
  2. Propagate, disseminate, educate directives and policies, laws and regulations on publishing;
  3. Direct, encourage, monitor the activities operations of the provincial, city’s information and culture divisions in the implementation of laws and regulations, plans, projects on publishing;
  4. Build, train and upgrade the publishing’s personnel in the field of politics and professional skill. Has an opinion to the proposal to appoint, transfer, remove the title of the managing director, deputy managing director, editor in chief and editors;
  5. Issue, withdraw and cancel the license on publishing, recollect, destroy books, other printed matters which are not correct and that are under its responsibility;
  6. Settle the proposal and prevent the publishing activities that contradict to laws and regulations in relation to its role;
  7. Be the focal point in the coordination with other relevant sectors in the management and implementation of the publishing;
  8. Liaise, cooperate with foreign countries and international organizations regarding the publishing;
  9. Summarize, report and evaluate the implementation of the publishing to the government;
  10. Exercise such other duties and perform such other rights as provided by the laws and regulations.

Article 59.Duties and Rights of Provincial, city’s Information and Culture Divisions

In the management of the publishing activities the provincial and city’s information and culture divisions have duties and rights as follows:

  1. Expend laws and regulations, plans, projects of the Ministry of Information and Culture to become its rules, plans, projects, and implement;
  2. Conduct survey and collect data on publishing in the scope of its responsibility;
  3. Propagate, disseminate, educate directives, policies, laws and regulations on publishing;
  4. Issue, withdraw and cancel the license on publishing, recollect, destroy books, other printed matters which are not proper and that are under its responsibility;
  5. Direct, encourage the district, municipality’s information and culture offices in the implementation of publishing work;
  6. Settle proposals and prevent the activities of publishing which contradict to laws and regulations according to its role;
  7. Coordinate with relevant parties in the management and implementation of the publishing;
  8. Liaise and cooperate on the publishing with foreign countries by the assignment of the relevant competent organization;
  9. Summarize, report and evaluate the implementation on the publishing then report to its higher level;
  10. Exercise such other duties and perform such other rights as provided in the laws and regulations or by the assignment of the Ministry of Information and Culture.

Article 60.Duties and Rights of the District, Municipality’s Information and Culture Offices

In the management of the publishing works the district and municipality’s information and culture offices have duties and rights as follows:

  1. Implement laws and regulations, plans, projects on publishing;
  2. Conduct survey, collect data and list the publishing which are under its responsibility;
  3. Disseminate, educate directives, policies, laws and regulations on publishing;
  4. Issue, withdraw, and cancel the license on publishing, recollect, destroy books, other printed matters which are not proper and that are under its responsibility;
  5. Coordinate with relevant sectors in the management and implementation of the publishing works;
  6. Summarize, report and evaluate the implementation of the publishing works then report to its higher level;
  7. Exercise such other duties and perform such other rights as provided in the laws and regulations.

Article 61.Duties and Rights of other Organizations

Other organizations which are involved in relation with the publishing have duties and rights to coordinate with the relevant information and culture sector in respect to their roles and responsibilities;

Article 62.Publishing’s Association

The association of publishing is a social-professional organization of the publishing, printing, distribution that have obtained the approval to establish by the Ministry of Information and Culture and has the role to educate, assemble the solidarity and has the duties to protect the equitable rights and benefits of its members including the adherence of directives, policies, laws and regulation regarding the publishing.

Duties and rights of the publishing’s association are defined in a specific regulation.

 

Chapter 2

Inspection of the Publishing

Article 63.Publishing’s Inspection organization

The publishing’s inspection organization is comprised of:

  • Internal inspection organization that is the same as well as the publishing management organization as provided in Article 57 of this law;
  • External inspection organization that is the owner of the printing house, ad hoc committee and other relevant parties.

Article 64.Duties and Rights of the Inspection Organization

The inspection organization has the duties and rights as follows:

  1. Supervise the implementation of plans, projects, laws and regulations on publishing including agreement and international conventions of which the Lao PDR has signed and is a party;
  2. Supervise the settlement of proposals of persons and organizations regarding the publishing;
  3. Exercise such other duties and perform such other rights as provided in the laws and regulations.

Article 65.Contents of the Inspection

The inspection of the publishing has the main contents as follows:

  1. Control the establishment and the performance of plans, projects of the publishing from lime to time;
  2. Control the contents, exportation, importation of books and other printed matters;
  3. Control the building, training, the use and policies towards the personnel of the publishing;
  4. Control the composition and the use the basic materials, vehicles, equipments and budget of the publishing;
  5. Control the adherence to laws and regulations regarding the publishing.

Article 66.Form of inspection

The inspection of the publishing has three forms as follows:

  1. Regular inspection;
  2. Inspection upon advance notification;
  3. Immediate inspection.

A regular inspection refers to an inspection which is performed according to plans on a regular basis and at a specified time.

An inspection upon an advance notification refers to an inspection outside the plan when deemed necessary and of which the person to be inspected is notified in advance.

An immediate inspection refers to an emergency inspection of which the person to be inspected is not notified in advance.

In performing the publishing inspection, the inspection organization shall strictly comply with laws and regulations.

 

Part VII

Day, Insignia and Seal of the Publishing

Article 67.Publishing Day

The publishing day is the 13 August, of which each year shall have a celebration and commemoration of the belief, achievements, experience in order to improve and develop the publishing activities to become better.

Article 68.Insignia and Seal of the Publishing

The publishing has its own insignia and seal to use in its official activities operations which are set out by the Ministry of Information and Culture.

 

Part VIII

Privileges towards Productive Persons and Measures against Violators

Article 69.Privileges towards Productive Persons

Individuals or organizations which have outstanding deeds in the implementation of this law especially in the invention, writing, printing arrangement, printing, distribution or a participation in the publishing management activities will receive commendations such as: medals, congratulation certificates, honorific titles and other privileges according to regulations.

Article 70.Measures against Violators

Individuals or organizations which violate law and regulations on publishing, prohibitions as prescribed in Article 52, 53 and 54 of this law including the publishing organization which obtain the authorization to establish, but does not operate within a period of one year, will be imposed measures depending on the severity of the case such as: will be educated, admonished, disciplinary sanction, fined, civil compensation of damages or be criminally punished in compliance with laws and regulations, temporary suspension of activities, withdrawn the license of publishing activities.

 

Part IX

Final Provisions

Article 71.Implementation

The government of the Lao People’s Democratic Republic implements this law.

Article 72.Effectiveness

This law is effective after sixty days from the date the President of the Lao People’s Democratic Republic issues a decree to promulgate it.

Any provisions, regulations which contradict to this law are hereby repealed.

 

 

The President of the National Assembly

(Signed and sealed)

Thongsing THAMMAVONG



Download English:Law on Publishing No. 05/NA, dated 9 December 2008

Download Lao:Law on Publishing No. 05/NA, dated 9 December 2008


List Measures Related to Legal Documents
NameDescriptionStatus
Age Requirement of Senior Personnel of the Printing HouseSenior Personnel of a Printing House including the managing director, deputy managing director, editor in chief, and editor must be at least 21 years of ageActive
Application for authorization to print booksA printing house desirous of printing books shall bring the complete original text of all books and titles to apply for authorization to print from the Ministry of Information Culture and Tourism.Active
Application for authorization to print other printed materialsA printing house desirous of printing other printed materials shall apply for authorization to print with the Ministry of Information Culture and Tourism or the relevant provincial, city information and culture division according to laws and regulations.Active
Authorization to Change the name Printing HouseWhen the owner of the printing house is desirous of changing the name of the printing house or the target audience, the printing house must request authorization from the relevant publishing management organization according to the proposal of the owner of such printing houseActive
Change of Name of Printing design ShopIndividuals and organisations which intend to change the name of the printing design shop and/or its target audience must request authorization from the relevant publishing management organization according to the proposal of the owner of such printing pressActive
Change of Name of Printing PressIndividuals and organisations which intend to change the name of the printing press and/or its target audience must request authorization from the relevant publishing management organization according to the proposal of the owner of such printing pressActive
Change of Name of Printing ShopIndividuals and organisations which intend to change the name of the printing shop and/or its target audience must request authorization from the relevant publishing management organization according to the proposal of the owner of such printing pressActive
Consent required for reprinting of books and other printed materialsAn individual or organisation desirous of reprinting Books and other printed materials, whether published locally or abroad, must seek and obtain consent from the owner of the copyrightActive
Establishment of a Books CompanyIndividuals and organizations wishing to establish a books company must submit their application to the relevant sector for authorization to do so in accordance with laws and regulations, detailing the name, objective, targets to serve and feasibility study; Location, vehicles, technical equipment, capital in order to ensure the activities operations; and personnel who has qualifications, knowledge, capability in the field of marketingActive
Establishment of a Company dealing with other printed materialsIndividuals and organizations wishing to establish a company dealing with other printed materials must submit their application to the relevant sector for authorization to do so in accordance with laws and regulations, detailing the name, objective, targets to serve and feasibility study; Location, vehicles, technical equipment, capital in order to ensure the activities operations; and personnel who has qualifications, knowledge, capability in the field of marketingActive
Establishment of a Distribution CompanyIndividuals and organizations wishing to establish a books and/or other printed materials distribution company must submit their application to the relevant sector for authorization to do so in accordance with laws and regulations, detailing the name, objective, targets to serve and feasibility study; Location, vehicles, technical equipment, capital in order to ensure the activities operations; and personnel who has qualifications, knowledge, capability in the field of marketingActive
Establishment of a Printing design ShopIndividuals and organisations desirous of establishing a printing design shop must obtain approval from the relevant sectorActive
Establishment of a Printing design ShopIndividuals and organizations desirous of establishing a printing design shop must submit their application, detailing the name, objective, targets, technical feasibility study and environmental impact;
location, vehicles, technical equipment, capital in order to ensure the activities operations; and personnel with qualifications, knowledge, capability in the field of printing, to the relevant publishing management organization for authorization to do so.
Active
Establishment of a Printing HouseOrganizations of the party, of the State, Lao National Front for Construction, mass organizations, social organizations, Professional associations and individuals wishing to establish their printing house must apply to the Ministry of Information Culture and Tourism to do so.Active
Establishment of a Printing ShopIndividuals and organisations desirous of establishing a printing shop must obtain approval from the relevant sectorActive
Establishment of a Printing ShopIndividuals and organizations desirous of establishing a printing shop must submit their application, detailing the name, objective, targets, technical feasibility study and environmental impact;
location, vehicles, technical equipment, capital in order to ensure the activities operations; and personnel with qualifications, knowledge, capability in the field of printing, to the relevant publishing management organization for authorization to do so.
Active
Experience requirement for the Senior Personnel of the Printing HouseThe managing director and deputy managing director must possess experience in the management of general servicesActive
Experience requirement for the Senior Personnel of the Printing HouseThe managing director, deputy managing director and editor must possess experience in the field of publishingActive
Nationality of Senior Personnel of the Printing HouseSenior Personnel of a Printing House including the managing director, deputy managing director, editor in chief, and editor must be a national of Lao PDRActive
Notification of change in location of the Printing HouseIn instances where the location of the printing house has changed, the printing house shall report such change in writing to the publishing management organization within fifteen official working days from the date of the move to the new locationActive