Official Website
Lao Services
Portal
Register | Login

Schedule of commitment

 

WORLD TRADE

ORGANIZATION

RESTRICTED

WT/ACC/LAO/45/Add.2

1 October 2012

(12-5329)


Working Party on the

Accession of Lao PDR

 

REPORT OF THE WORKING PARTY

ON THE ACCESSION OF LAO PDR

Schedule of Specific Commitments on Services List of Article II MFN Exemptions

Addendum

As indicated in paragraph 249 of the Report of the Working Party on the Accession of Lao PDR (WT/ACC/LAO/45), the Schedule of Specific Commitments on Services resulting from the negotiations between Lao PDR and WTO Members is annexed to the Protocol on the Accession of the Lao People's Democratic Republic and is reproduced hereunder.

 

Modes of supply:      (1)   Cross-Border supply            (2)   Consumption abroad         (3)   Commercial presence         (4)   Presence of natural persons

Sector or Sub-sector

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

I.       HORIZONTAL COMMITMENTS (APPLICABLE TO ALL SECTORS INCLUDED IN THIS SCHEDULE)

Land ownership

 

(3), (4) Non-Lao PDR natural and

juridical persons are not allowed to own land but may own premises and lease land up to 75 years.

 

Subsidies and investment incentives

 

(1), (2), (3), (4) Unbound with respect to

subsidies, investment incentives and other state support measures, eligibility for which may be limited to particular regions, categories of persons, or enterprises.

 

Commercial presence

(3)   To establish a commercial presence,

a services provider must be incorporated in specific legal form in accordance with laws and  regulations of Lao PDR.

(3)   Foreign investors shall provide

adequate training opportunities to Lao PDR nationals.

 

(3)   Tax measures, generally pertaining to small and medium enterprises may result in a difference of treatment in favour of Lao PDR services and service suppliers.

 

Movement of natural persons providing

services

(4)   Unbound, except for measures

affecting the temporary entry and stay of natural persons who qualify under one of the following categories, and in all cases, the total number of foreign natural persons in the following categories shall not exceed 20% of the total staff:

 

A.     Business visitors: Natural persons who:

  • Enter Lao PDR to be engaged in activities related to representing a

services supplier for the purpose of negotiating for the sale of the

services of that supplier;

  • Stay in Lao PDR without receiving remuneration from sources within Lao PDR; and
  • Do not engage in making direct sales to the general public or supplying

(4)   Unbound, except for measures

concerning the categories of natural persons referred to in the market access column. Unbound for all measures relating to social insurance schemes including inter alia unemployment and pension benefits.

 

 

 

Sector or Sub-sector

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

 

services.

 

The temporary stay of business visitors is subject to a maximum duration of stay of 90 days.

 

B.     Intra-Corporate Transferees:

Natural persons who have been employed by a juridical person of another Member outside Lao PDR for a period of not less

than 1 year immediately preceding the request for transfer to Lao PDR, who seek

temporary entry to provide services through commercial establishment of that juridical person in Lao PDR, who cannot

be substituted by Lao PDR nationals, and

who fall within one of the following categories:

  1. Executives: Natural persons within an organization who primarily direct the management of the organization, exercise wide latitude in decision- making, and receive only general supervision or direction from higher- level executives, the board of directors, or shareholders of the business. Executives would not directly perform tasks related to the actual supply of a service or services of the organization; and
  2. Managers: Natural persons who possess knowledge at an advanced level of expertise or proprietary knowledge of a juridical entity's products, services, research, equipment, techniques, or management, and who primarily direct the organization or a department of the organization; supervise and control the work of other supervisory, professional or

 

 

 

Sector or Sub-sector

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

 

managerial employees; have the

authority to hire and fire or recommend hiring, firing or other personnel actions; and exercise discretionary authority over day-to- day operations. They do not include first-line supervisors, unless the employees supervised are professionals1, nor do they include employees who primarily perform tasks necessary for the supply of the service.

(c)     Specialists: Natural persons within an organization who possess knowledge at an advanced level of continued expertise and who possess proprietary knowledge of the organization's services, research equipment, techniques, or management and where there are shortages of Lao PDR nationals with requisite skills.

 

For the natural persons in the categories defined under intra-corporate transferees, temporary residency and work permit will be issued for 1 year which may be renewed every 6 months for up to 3 years as long as conditions indicated for each category are satisfied.

 

 

 

1 Natural persons with professional qualifications for performing work within the scope of a particular profession, where these are required by the laws and regulations of Lao PDR.

 

Sector or Sub-sector

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

II.     SECTOR-SPECIFIC    COMMITMENTS

1.      BUSINESS SERVICES

A.     Professional Services

(a)    Legal services, excluding:

-       Participation in legal proceedings in the capacity of defenders or representatives of their clients before the courts of Lao PDR;

-        Legal documentation and certification services of the laws of Lao PDR

(part of CPC 861)

(1)

(2)

(3)

 

(4)

None.

None.

Foreign equity participation limited to 49%.

Unbound, except as indicated in the horizontal section.

(1)

(2)

(3)

 

(4)

None.

None. Unbound.

 

Unbound, except as indicated in the horizontal section.

 

(b)   Accounting, auditing and

(1)

None.

(1)

None.

 

bookkeeping services

(2)

None.

(2)

None.

(CPC 862)

(3)

Unbound for 7 years after the date of

(3)

The majority of directors must be

 

accession. Thereafter, a joint

 

certified accountants who are Lao

 

venture with a Lao PDR national

 

nationals.

 

accountant who is a full member of

 

 

 

the Lao Institute of Certified Public

 

 

 

Accountants (LICPA) is required2.

 

 

(4)

Unbound.

(4)

Unbound.

(c)     Taxation consulting services

(1)

None.

(1)

None.

 

(part of CPC 863)

(2)

None.

(2)

None.

(3)

None.

(3)

None.

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

horizontal section.

horizontal section.

phase in.

2 For all phased in commitments in this schedule, it is understood that limitations indicated in sectoral headnotes and/or the horizontal commitments section will apply at

Sector or Sub-sector

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

(d)   Architectural services

(1)

None.

(1)

The service must be authenticated by

 

(CPC 8671)

 

 

 

an architect or engineer who has

(e)     Engineering services

 

 

 

appropriate practicing certificate

(CPC 8672)

 

 

 

working in a juridical entity

(f)     Integrated engineering services

 

 

 

established in Lao PDR.

(CPC 8673)

(2)

None.

(2)

The service must be authenticated by

(g)   Urban planning and landscape

 

 

 

an architect or engineer who has

architectural services

 

 

 

appropriate practicing certificate

(CPC 8674)

 

 

 

working in a juridical entity

 

 

 

established in Lao PDR.

(3)

For 5 years after accession, foreign

(3)

None.

 

equity participation limited to 51%.

 

 

 

Thereafter: none.

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

horizontal section.

horizontal section.

B.     Computer and Related Services

Computer and Related Services

(1)

None.

(1)

None.

 

(CPC 84)

(2)

None.

(2)

None.

(3)

None.

(3)

None.

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

horizontal section.

horizontal section.

C.     Research and Development

(a)    R&D services on natural sciences

(1)

None.

(1)

None.

 

(CPC 851)

(2)

None.

(2)

None.

(3)

Foreign equity participation limited

(3)

None.

 

to 51%.

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

horizontal section.

horizontal section.

F.      Other Business Services

(a)    Advertising services:

(1)

None.

(1)

None.

 

-        Planning, creating and placement

(2)

None.

(2)

None.

services of advertising

(3)

Foreign equity participation limited

(3)

Unbound.

(CPC 87120)

 

to 49%.

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

horizontal section.

horizontal section.

(b)   Market research services

(1)

None.

(1)

None.

 

(CPC 86401)

(2)

None.

(2)

None.

(3)

None.

(3)

None.

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

horizontal section.

horizontal section.

 

Text Box: WT/ACC/LAO/45/Add.2
Page 7

Sector or Sub-sector

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

(c)     Management consulting services

(1)

None.

(1)

None.

 

(CPC 865)

(2)

None.

(2)

None.

(3)

For 3 years after accession, foreign

(3)

None.

 

equity participation limited to 51%.

 

 

 

Thereafter: None.

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

horizontal section.

horizontal section.

(e)     Technical testing and analysis

(1)

None.

(1)

None.

 

services

(2)

None.

(2)

None.

(CPC 8676)

(3)

Foreign equity participation limited

(3)

The majority of directors must be

 

to 51%. After 5 years from the date

 

engineers who are Lao PDR

 

of accession, foreign equity

 

nationals.

 

participation limited to 70%.

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

horizontal section.

horizontal section.

(h)   Services incidental to mining

(1)

Unbound3.

(1)

Unbound4.

 

(CPC 5115)

(2)

None.

(2)

None.

(3)

Foreign equity participation limited

(3)

The majority of directors must be

 

to 51%. After 5 years from the date

 

engineers who are Lao PDR

 

of accession, foreign equity

 

nationals.

 

participation limited to 70%.

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

horizontal section.

horizontal section.

(m)  Related scientific and technical

(1)

None.

(1)

None.

 

consulting services

(2)

None.

(2)

None.

(CPC 86751 and 86752 only)

(3)

Foreign equity participation limited

(3)

The majority of directors must be

 

to 51%. After 5 years from the date

 

engineers who are Lao PDR

 

of accession, foreign equity

 

nationals.

 

participation limited to 70%.

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

horizontal section.

horizontal section.

(n)   Maintenance and repair of

(1)

None.

(1)

None.

 

equipment (not including maritime

(2)

None.

(2)

None.

vessels, aircraft or other transport

(3)

Foreign equity participation limited

(3)

None.

equipment):

 

to 51%.

 

 

-        Repair of energy equipment

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

(part of CPC 88620)

horizontal section.

horizontal section.

 

 

  1. Unbound due to lack of technical feasibility.
  2. Unbound due to lack of technical feasibility.

 

Sector or Sub-sector

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

(t)     Specialty design services

(1)

None.

(1)

None.

 

(CPC 87907)

(2)

None.

(2)

None.

(3)

For 5 years after accession, foreign

(3)

None.

 

equity participation limited to 49%.

 

 

 

Thereafter: foreign equity

 

 

 

participation limited to 51%.

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

horizontal section.

horizontal section.

2.      COMMUNICATION SERVICES

B.     Courier services

Courier services (CPC 7512) consisting of

express delivery services5, except for the following services:

  1. the collection, transport and

delivery of domestic and cross- border addressed mail to Post Office (PO) boxes in the following categories:

  1. addressed letters weighing not more than 200 grams;
  2. small items or packages weighing up to 2 kg;
  1. the collection, transport and delivery to PO boxes of domestic and international postal parcels weighing

up to 20 kg;

  1. the provision of PO boxes; and
  2. issuing of postage stamps.

(1)

(2)

(3)

(4)

None.

None. None.

Unbound, except as indicated in the horizontal section.

(1)

(2)

(3)

(4)

None.

None. None.

Unbound, except as indicated in the horizontal section.

 

 

  1. Express delivery services include the collection, transport and delivery of documents, printed matter, parcels and/or other goods on an expedited basis, while tracking and maintaining control of these items throughout the supply of the service.

 

Sector or Sub-sector

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

C.     Telecommunication services

Commitments are taken consistent with "Notes for Scheduling Basic Telecom Services Commitments" (S/GBT/W/2/Rev.1) and "Market Access Limitations on Spectrum

Availability" (S/GBT/W/3).

The following services (a-o) can be

supplied only on a facilities basis, and for public use services:

 

Basic telecommunication services

 

  1. Voice telephone services (CPC 7521)
  2. Packet-switched data transmission services

(CPC 7523**)

  1. Circuit-switched data transmission services

(CPC 7523**)

  1. Telex services (CPC 7523**)
  2. Telegraph services (CPC 7522)
  3. Facsimile services (CPC 7521**+ 7529**)
  4. Private leased circuit services (CPC 7522**+7523**)

(o)   Other:

-        Terrestrial-based mobile phone services

 

 

 

 

 

 

 

  1. Wire-based services, Terrestrial- based mobile services and Satellite- based services: Service must be offered through commercial arrangements with an entity established in Lao PDR and licensed to provide international telecommunication services.
  2. None.
  3. Only through acquisition of existing operators and foreign equity participation limited to 49% for

5 years after the date of accession. Thereafter, commercial presence for new investments will be allowed with foreign equity participation limited to 60%.

  1. Unbound, except as indicated in the horizontal section.

 

 

 

 

 

 

 

  1. Wire-based services, Terrestrial- based mobile services and Satellite- based services: Service must be offered through commercial arrangements with an entity established in Lao PDR and licensed to provide international telecommunication services.
  2. None.
  3. None as phased-in in the market access column.

 

 

 

 

 

 

 

  1. Unbound, except as indicated in the horizontal section.

 

 

 

 

 

 

 

Lao PDR undertakes the obligations in the Reference Paper attached hereto within

2 years of accession.

 

** The (**) indicates that the service specified constitutes only a part of the total range of activities covered by the CPC concordance (e.g. voice mail is only a component of CPC item 7523).

 

Sector or Sub-sector

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

Value-added telecommunication services

 

 

(1)

 

 

None.

 

 

(1)

 

 

None.

 

 

(h)   Electronic-mail

(CPC 7523**)

(2)

None.

(2)

None.

(i)      Voice mail

(3)

None.

(3)

None.

(CPC 7523**)

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

(j)     Online information and data base

horizontal section.

horizontal section.

retrieval

(CPC 7523**)

(k)   Electronic data interchange (EDI)

(CPC 7523**)

(l)      Enhanced/value-added facsimile

services, including store and

forward, store and retrieve

(CPC 7523**)

(m)  Code and protocol conversion

(n)   On-line information and/or data

processing (including transaction

processing)

(CPC 843**)

 

Sector or Sub-sector

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

3.      CONSTRUCTION AND RELATED ENGINEERING SERVICES

  1. General construction work for

buildings (CPC 512)

  1. General construction work for civil engineering

(CPC 513)

  1. Installation and assembly work (CPC 514+516)
  2. Building completion and finishing work

(CPC 517)

  1. Other:

(CPC 511+515+518)

  1. Unbound.
  2. None.
  3. Foreign equity participation limited to 70%.
  4. Unbound, except as indicated in the horizontal section.
  1. Unbound.
  2. None.
  3. None.

 

  1. Unbound, except as indicated in the horizontal section.

 

4.      DISTRIBUTION SERVICES

The distribution of goods under the Controlled List of the Ministry of Industry of Commerce - arms, ammunition, explosives and explosive substances, highly toxic chemicals, narcotics, cultural items, books, newspapers and magazines, precious metals and stones, medicines and medical equipment, endangered species, gambling

machines, money printing machines, processed oil and crude oil, alcohols, tobacco products, rice - is excluded from commitments.

B.     Wholesale trade services

(part of CPC 61111, 6113, 6121)

  1. None.
  2. None.
  3. Unbound for 7 years after the date of accession. Thereafter, foreign equity participation limited to 49%. Subject to meeting economic need tests6.
  4. Unbound, except for executives and managers as per conditions in the horizontal section.
  1. None.
  2. None.
  3. Unbound.

 

 

 

  1. Unbound, except for executives and managers as per conditions in the horizontal section.

 

C.     Retailing services

(part of CPC 61112, 6113, 6121)

  1. Unbound.
  2. Unbound.
  3. Unbound for 7 years after the date of accession. Thereafter, foreign equity participation limited to 49%. Subject to meeting economic need tests7.
  4. Unbound, except for executives and managers as per conditions in the horizontal section.
  1. Unbound.
  2. Unbound.
  3. Unbound.

 

 

 

  1. Unbound, except for executives and managers as per conditions in the horizontal section.

 

 

 

  1. The main criteria include the number of existing service suppliers in a particular geographical area, the stability of market and geographical scale.
  2. The main criteria include the number of existing service suppliers in a particular geographical area, the stability of market and geographical scale.

 

Sector or Sub-sector

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

D.     Franchising

(1)

None.

(1)

None.

 

(part of CPC 8929)8

(2)

None.

(2)

None.

(3)

Unbound for 7 years after the date of

(3)

Unbound.

 

accession. Thereafter, foreign equity

 

 

 

participation limited to 49%. Subject

 

 

 

to meeting economic need tests9.

 

 

(4)

Unbound, except for executives and

(4)

Unbound, except for executives and

managers as per conditions in the

managers as per conditions in the

horizontal section.

horizontal section.

 

5.PRIVATE EDUCATIONAL SERVICES

The education curriculum and contents must be approved by the Ministry of Education of Lao PDR.

With respect to C and D below, the commitments cover only technical, natural sciences and technology, business administration and business studies, economics, accounting, international law and language training fields.

The scope of private education services concerns only fully-privately funded services.

 

A.     Primary education services

(1)

Unbound.

(1)

Unbound.

 

(part of CPC 921)

(2)

None.

(2)

None.

B.     Secondary education services

(3)

Foreign equity participation limited

(3)

Directors must be qualified teachers

(part of CPC 922)

 

to 51%.

 

who are Lao PDR nationals.

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

horizontal section.

horizontal section.

C.     Higher education services

(1)

None.

(1)

None.

 

(part of CPC 923)

(2)

None.

(2)

None.

D.     Adult education

(3)

Foreign equity participation limited

(3)

Directors must be qualified teachers

(part of CPC 924)

 

to 51%.

 

who are Lao PDR nationals.

E.      Other education services:

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

-        Short term foreign language training

horizontal section.

horizontal section.

only

(part of CPC 929)

 

  1. As related to the provision of a distribution service which is subject to a specific commitment under Section II.4 of this Schedule.
  2. The main criteria include the number of existing service suppliers in a particular geographical area, the stability of market and geographical scale.

Sector or Sub-sector

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

6.      ENVIRONMENTAL SERVICES10

Services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators.

A.     Wastewater management

(1)

Unbound, except related consulting

(1)

Unbound, except related consulting

 

(part of CPC 9401)

 

services.

 

services.

B.     Waste management

(2)

None.

(2)

None.

(part of CPC 9402 and 9403)

(3)

None.

(3)

None.

C.     Protection of ambient air and climate

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

(part of CPC 9404)

horizontal section.

horizontal section.

D.     Remediation and cleanup of soil and

water

(part of CPC 9406)

E.      Noise and vibration abatement

(part of CPC 9405)

 

7.      FINANCIAL SERVICES

Access by foreign services suppliers and the provision of new financial services within the scope of the commitments below and that have not yet been provided by the

private sector in Lao PDR at the date of accession, may be subject to measures adopted for prudential reasons. Direct branching is not allowed. Financial institutions in Lao PDR must adopt a specific legal form.

All the commitments are subject to entry requirements, domestic laws, rules and regulations and the terms and conditions of the Bank of Lao PDR, the Ministry of Finance and/or any other competent authority in Lao PDR, as the case may be, which are consistent with Article VI of the GATS and paragraph 2 of the Annex on Financial Services and do not impair the commitments undertaken herewith.

A.     All insurance and insurance-related services

Insurance companies are restricted from offering both Life and Non-life insurance services. Excluded from the scope of these commitments are compulsory insurance,

including but not limited to motor vehicle insurance, collective accident insurance for workers, depositors' protection fund and social security fund.

(i)

Direct insurance

(1)

Unbound.

(1)

Unbound.

 

(A)  Life insurance

(2)

Unbound.

(2)

Unbound.

(3)

Unbound for 5 years after the date of

(3)

None.

 

accession. Thereafter, foreign equity

 

 

 

participation limited to 51%.

 

 

(4)

Unbound, except for executives and

(4)

Unbound, except for executives and

managers as per conditions in the

managers as per conditions in the

horizontal section.

horizontal section.

 

  1. Environmental services exclude the provision of water for human use, including water collection, purification and distribution through mains.

 

Sector or Sub-sector

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

(B)  Non-life insurance

  1. Unbound except for insurance

services in international transportation, including of risks relating to:

  1. international maritime transport and international commercial aviation, with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising there-from; and
  2. goods in international transit.
  1. Unbound except for insurance services in international transportation, including of risks relating to:
    1. international maritime transport and international commercial aviation, with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising there-from; and
    2. goods in international transit.
  2. Unbound for 5 years after the date of accession. Thereafter, foreign equity participation limited to 51%.
  3. Unbound, except for executives and managers as per conditions in the horizontal section.
  1. Unbound except for insurance

services in international transportation, including of risks relating to:

  1. international maritime transport and international commercial aviation, with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising there-from; and
  2. goods in international transit.
  1. Unbound except for insurance services in international transportation, including of risks relating to:
    1. international maritime transport and international commercial aviation, with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising there-from; and
    2. goods in international transit.
  2. None.

 

 

  1. Unbound, except for executives and managers as per conditions in the horizontal section.

 

(ii)   Reinsurance and retrocession

  1. None.
  2. None.
  3. Unbound for 5 years after the date of accession. Thereafter, unbound except for foreign equity participation limited to 51%.
  4. Unbound, except for executives and managers as per conditions in the horizontal section.
  1. None.
  2. None.
  3. None.

 

 

 

  1. Unbound, except for executives and managers as per conditions in the horizontal section.

 

 

Text Box: WT/ACC/LAO/45/Add.2
Page 15

Sector or Sub-sector

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

(iv)  Services auxiliary to insurance, such

as consultancy, actuarial, risk assessment and claim settlement services.

  1. None.
  2. None.
  3. Unbound for 5 years after the date of accession. Thereafter, foreign equity participation limited to 51%.
  4. Unbound, except for executives and managers as per conditions in the horizontal section.
  1. None.
  2. None.
  3. None.

 

 

  1. Unbound, except for executives and managers as per conditions in the horizontal section.

 

B.     Banking and other financial services (excluding insurance)

Commitment is with respect to commercial banking only and limited to financial institutions licensed to provide banking services. Foreign juridical person must incorporate

as either a joint stock or limited liability company, but may not incorporate as a sole ownership limited liability company.

  1. Acceptance of deposits and other

repayable funds from the public

  1. Lending of all types, including,

inter alia, consumer credit, mortgage credit, factoring and financing of commercial transactions

  1. Financial leasing
  2. All payment and money  transmission services including credit, charge and debit cards, travellers cheques and bankers drafts
  3. Guarantees and commitments
  4. Trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following:
    1. money market instruments (including cheques, bills, certificates of deposits);
    2. foreign exchange;
    3. derivative products, including, but not limited to, futures and options;
    4. exchange rate and interest rate instruments, including products such as swaps, forward rate agreements;
    5. transferable securities;
    6. other negotiable instruments and financial assets, including
  1. Unbound for 5 years after the date of

accession. Thereafter, unbound except for:

  1. Provision and transfer of financial information, and financial

data processing and related software

by suppliers of other financial services; and

  1. Advisory, intermediation and other auxiliary financial services on all the activities listed in subparagraphs (v) through (xv), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy.
  1. Unbound for 5 years after the date of accession. Thereafter, unbound except for:
    1. Provision and transfer of financial information, and financial

data processing and related software by suppliers of other financial services; and

  1. Advisory, intermediation and

other auxiliary financial services on all the activities listed in subparagraphs (v) through (xv), including credit reference and

  1. Unbound, for 5 years after the date

of accession. Thereafter, unbound except for:

  1. Provision and transfer of financial information, and financial

data processing and related software

by suppliers of other financial services; and

  1. Advisory, intermediation and other auxiliary financial services on all the activities listed in subparagraphs (v) through (xv), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy.
  1. Unbound for 5 years after the date of accession. Thereafter, unbound except for:
    1. Provision and transfer of financial information, and financial

data processing and related software by suppliers of other financial services; and

  1. Advisory, intermediation and

other auxiliary financial services on all the activities listed in subparagraphs (v) through (xv), including credit reference and

 

 

 

Sector or Sub-sector

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

bullion.

  1. Provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services;
  2. Advisory, intermediation and other auxiliary financial services on all the activities listed in subparagraphs (v) through (xv), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy.

analysis, investment and portfolio

research and advice, advice on acquisitions and on corporate restructuring and strategy.

  1. For (v) to (x): Unbound for 5 years after the date of accession. Thereafter, foreign equity participation limited to 51%.

 

For (xv) to (xvi): Unbound for 7 years after the date of accession. Thereafter, foreign equity participation limited to 51%.

  1. Unbound, except for executives and managers as per conditions in the horizontal section.

analysis, investment and portfolio

research and advice, advice on acquisitions and on corporate restructuring and strategy.

  1. For (v) to (x): None.

 

For (xv) to (xvi): The admission to the market of new financial services may be subject to the existence of, and consistency with, related laws and regulations.

 

 

  1. Unbound, except for executives and managers as per conditions in the horizontal section.

 

8.      PRIVATE HEALTH RELATED AND SOCIAL SERVICES

(Other than those listed under II.1.A.h-j.)

The scope of private health related and social services concerns only fully-privately funded services.

A.     Private hospital services

(Modern hospital with more than 100 beds in big cities only)

(part of CPC 93110)

  1. Unbound.
  2. None.
  3. None.
  4. Unbound, except for executives and managers as per conditions in the horizontal section.
  1. Unbound.
  2. None.
  3. Unbound.
  4. Unbound, except for executives and managers as per conditions in the horizontal section.

 

9.      TOURISM AND TRAVEL RELATED SERVICES

A.     Hotels and restaurants

(including catering)

(part of CPC 641 (excluding guesthouses11 and 6419), CPC 642,

and CPC 643)

  1. None.
  2. None.
  3. For lodging services: limited to establishments with three stars rating or higher.
  4. Unbound, except as indicated in the horizontal section.
  1. None.
  2. None.
  3. None.

 

 

  1. Unbound, except as indicated in the horizontal section.

 

 

lower".

  1. Defined as "furnished accommodation with up to 14 bedrooms, mainly provided in private apartments or homes on a temporary lodging, and with a two stars rating or

Sector or Sub-sector

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

B.     Travel agencies and tour operators

(1)

None.

(1)

None.

 

services

(2)

None.

(2)

None.

(CPC 7471)

(3)

Foreign equity participation limited

(3)

Foreign service supplying

 

to 70%.

 

enterprises can only do inbound

 

 

 

services.

(4)

Unbound, except for executives and

(4)

Unbound, except for executives and

managers as per conditions in the

managers as per conditions in the

horizontal section.

horizontal section.

D.     Other:

(1)

None.

(1)

None.

 

-        Tourism consultancy services

(2)

None.

(2)

None.

(3)

None.

(3)

None.

(4)

Unbound, except for executives and

(4)

Unbound, except for executives and

managers as per conditions in the

managers as per conditions in the

horizontal section.

horizontal section.

11.   TRANSPORT SERVICES

C.     Air Transport Services

(d)   Maintenance and repair of aircraft

(1)

None.

(1)

None.

 

(part of CPC 8868)

(2)

None.

(2)

None.

(3)

Foreign equity participation limited

(3)

None.

 

to 51%.

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

horizontal section.

horizontal section.

-        Selling and marketing of air

(1)

None.

(1)

None.

 

transport services

(2)

None.

(2)

None.

-        Computer reservation system (CRS)

(3)

None.

(3)

None.

services

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

horizontal section.

horizontal section.

 

 

 

 

REFERENCE PAPER

I. SCOPE

The  following  are  definitions  and  principles  on  the  regulatory  framework  for  the  basic telecommunications services.

Definitions

Users mean service consumers and service suppliers.

Essential facilities mean facilities of a public telecommunications transport network or service that:

  1. are exclusively or predominantly provided by a single or limited number of suppliers; and
  2. cannot  feasibly be  economically or technically substituted in order to  provide  a service.

A major supplier is a supplier which has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for basic telecommunications services as a result of:

  1. control over essential facilities; or
  2. use of its position in the market.

 

  1. Competitive safeguards

1.1 Prevention of anti-competitive practices in telecommunications

Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone or together, are a major supplier from engaging in or continuing anti-competitive practices.

1.2 Safeguards

The anti-competitive practices referred to above shall include in particular:

  1. engaging in anti-competitive cross-subsidization;
  2. using information obtained from competitors with anti-competitive results; and
  3. not  making  available  to  other  services  suppliers  on  a  timely  basis  technical information about essential facilities and commercially relevant information which are necessary for them to provide services.

 

  1. Interconnection

 

2.1 This section applies to linking with suppliers providing public telecommunications transport networks or services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier, where specific commitments are undertaken.

2.2 Interconnection to be ensured

Interconnection with a major supplier will be ensured at any technically feasible point in the network.  Such interconnection is provided:

  1. under non-discriminatory terms, conditions (including technical standards and specifications) and rates and of a quality no less favourable than that provided for its own like services or for like services of non-affiliated service suppliers or for its subsidiaries or other affiliates;
  2. in a timely fashion, on terms, conditions (including technical standards and specifications) and cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not require for the service to be provided; and
  3. upon request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.

 

2.3 Public availability of the procedures for interconnection negotiations

The procedures applicable for interconnection to a major supplier will be made publicly available.

2.4 Transparency of interconnection arrangements

It is ensured that a major supplier will make publicly available either its interconnection agreements or a reference interconnection offer.

‚Äč2.5 Interconnection: dispute settlement

A service supplier requesting interconnection with a major supplier will have recourse, either:

  1. at any time; or
  2. after  a  reasonable  period  of  time  which  has  been  made  publicly  known  to  an independent  domestic  body,  which  may  be  a  regulatory  body  as  referred  to  in

paragraph 5 below, to resolve disputes regarding appropriate terms, conditions and rates for interconnection within a reasonable period of time, to the extent that these have not been established previously.

  1. Universal service

Any Member has the right to define the kind of universal service obligation it wishes to maintain. Such obligations will not be regarded as anti-competitive per se, provided they are administered in a transparent, non-discriminatory and competitively neutral manner and are not more burdensome than necessary for the kind of universal service defined by the Member.

  1. Public availability of licensing criteria

Where a licence is required, the following will be made publicly available:

  1. all the licensing criteria and the period of time normally required to reach a decision concerning an application for a licence; and
  1. the terms and conditions of individual licenses.

The reasons for the denial of a licence will be made known to the applicant upon request.

  1. Independent regulators

The regulatory body is separate from, and not accountable to, any supplier of basic telecommunications services. The decisions of and the procedures used by regulators shall be impartial with respect to all market participants.

  1. Allocation and use of scarce resources

Any procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, will be carried out in an objective, timely, transparent and non-discriminatory manner. The current state of allocated frequency bands will be made publicly available, but detailed identification of frequencies allocated for specific government uses is not required.

 

 

Sector or sub-sector

Description of the measure indicating its

inconsistency with Article II

Country or countries to which the

measures applies

Intended

duration

Conditions creating the need for the

exemption

Audiovisual services:

-        Production and distribution of television programmes and cinematographic works

Measures based upon coproduction

agreements of audiovisual works, which confer National Treatment to audiovisual works covered by such agreements.

Countries with which such bilateral or

plurilateral agreements are in force, now or in the future.

Indefinite

The aim of these agreements is to

promote cultural links between the countries concerned.

Audiovisual Services:

-        Production and distribution of television programmes and cinematographic works

Measures granting the benefit of support

programmes to audiovisual works, and suppliers of such works meeting origin criteria.

Countries with which bilateral and

plurilateral agreements are in force, now or in the future, in the area of cultural cooperation.

Indefinite

These programmes aim at preserving and

promoting the cultural identity of countries with which Lao PDR has a long-standing cultural links.

Audiovisual Services:

-        Production and distribution of audiovisual works through broadcasting transmission to the public

Measures which extend National Treatment to

audiovisual works which meet certain origin criteria regarding access to broadcasting transmission.

Countries with which bilateral or

plurilateral agreements are in force, now or in the future, in the area of cultural cooperation.

Indefinite

These measures aim, within the sector, to

promote cultural values both within Lao PDR, and with other countries, including in the region.

Internal Waterways and land

transport

Preferential treatment for transportation

cooperation within Mekong river basin.

Parties to the Greater Mekong

Subregion agreement.

Indefinite

To facilitate tourism and trade, including

freight and passenger transportation between countries in the subregion.

All sectors

Measures extending preferential treatment to

services and services suppliers under bilateral investment and trade agreements.

Parties to bilateral agreements with

Lao PDR that entered into force before the date of accession.

Duration of

bilateral agreements

The aim is to promote investment and

foster development in Lao PDR.

 

 

 

 

ASEAN AGREEMENT ON

THE MOVEMENT OF NATURAL PERSONS

 

LAO PDR’S SCHEDULE OF MOVEMENT OF NATURAL PERSONS COMMITMENTS

 

 

 

Sector or Subsector

 

Limitation on Market Access

 

Limitation on National Treatment

Additional

Commitments

I.   HORIZONTAL COMMITMENTS

 

 

 

 

For all categories of business visitors and intra-

corporate transferees listed in this Schedule: Unless otherwise specified in the Sectoral Section below, these horizontal commitments apply to all sectors listed in Laos’ Schedule of Commitments, including the Financial and Air Transport Schedules under AFAS, up to the latest packages

In all cases:

  1. application for labor quota is required
  2. total number of skilled foreign natural persons (using physical labor) of any

establishment shall not exceed 10% of the total

staff;

  1. total number of skilled foreign natural persons

(Using intellectual labor) of any establishment shall not

exceed 20% of the total staff;

  1. if there is a need to hire the

number of skilled labor more than the regulation allows, as mentioned-above, one should seek for specific consideration/ approval from the government.

 

A. Business Visitors

a natural person seeking to enter or stay in the territory of Lao

P.D.R. temporarily, whose remuneration and financial

support for the duration of the visit is derived from outside of

Lao P.D.R;

(i)  as    a              representative              of  a

In accordance with applicable

domestic laws and regulations and unilateral and multilateral agreements which Lao P.D.R is a signatory of.

 

Foreign skilled workers

  1. shall obtain working permit from the Lao Government
  2. shall comply with Labor Law

and  Decree on Immigration-

Migration Management

  1. shall comply with Law on Taxation, in terms of taxes and

other financial obligations and

other competent regulations on other non-financial

requirements.

 

 

 

 

Sector or Subsector

 

Limitation on Market Access

 

Limitation on National Treatment

Additional

Commitments

 

goods seller/service supplier, for the purpose of negotiating the sale of goods or supply of services or entering into agreements to sell goods or supply services for that goods seller/service supplier, where such negotiations do not involve direct sale of goods or supply of services to the general public;

  1. as an employee of a juridical person as defined in category

B.    below    only,    for    the

purpose of establishing an investment or setting up a commercial presence, for the juridical person in the territory of another Member State;

  1. for the purpose of participating in business negotiations or meetings; or

 

Such natural persons enter into the Lao P.D.R for the mentioned- above purposes will be granted maximum thirty days of duration of stay, and renewable twice, each time not more than thirty days

 

B. Intra-Corporate Transferee Natural persons who have been employed by a juridical person of another Party outside the Lao PDR for a period of not less than

 

 

 

 

 

Sector or Subsector

 

Limitation on Market Access

 

Limitation on National Treatment

Additional

Commitments

 

one year immediately preceding the request for transfer to the Lao PDR, who seek temporary entry to provide services through commercial establishment of that juridical person in the Lao PDR, who cannot be substituted by Lao nationals, and who fall within one of the following categories:

 

  1. Executives: Natural persons within an organization who primarily direct the management of the organization, exercise wide latitude in decision-making, and receive only general supervision or direction from higher-level executives, the board of directors, or shareholders of the business. Executives would not directly perform tasks related to the actual supply of a service or services of the organization; and

 

  1. Managers: Natural persons who possess knowledge at an advanced level of expertise or proprietary knowledge of a juridical entity product, service, research, equipment , techniques, or management, and who primarily direct the organization or a department of the organization; supervise and control the work of other supervisory, professional or

 

 

 

 

 

Sector or Subsector

 

Limitation on Market Access

 

Limitation on National Treatment

Additional

Commitments

 

managerial employees; have the authority to hire and fire or recommend hiring, firming or other personnel actions; and exercise discretionary authority over day- to-day operations. They do not include first-line supervisors, unless the employees supervised are professionals, nor do they include employees who primarily perform tasks necessary for the supply of the service.

 

c) Specialists: Natural persons within an organization who possess knowledge at an advanced level of continued expertise and who possess proprietary knowledge of the organization’s services, research equipment , techniques, or management and where there are shortages of Lao nationals with requisite skills.

 

For the natural persons in the categories defined under intra- corporate transferees for the purpose of temporary entry and stay, shall obtain Visa, Stay Permit (ID) and Working Permit (WP) from competent authorities.

 

Natural persons will be issued, as long as conditions indicated for

 

 

 

 

 

Sector or Subsector

 

Limitation on Market Access

 

Limitation on National Treatment

Additional

Commitments

 

each category are satisfied:

  • Visa for  one month at first entry and then renewable for multiple visas for three months, six months and 1 year by the Consular affairs Department, MoFA
  • Stay Permit (ID): for the same period as visa, one month, three months, six months and 1 year, by the Ministry of National Security (MoNS)
  • Working Permit (WP) for the same as period as visa one month, three months, six months and 1 year, by the Ministry of Labor and Social Welfare (MoLSW)

 

 

 

 

 

Sector or Subsector

 

Limitation on Market Access

 

Limitation on National Treatment

Additional

Commitments

II.  SECTOR SPECIFIC COMMITMENTS

BUSINESS SERVICES

A. Professional Services

Accounting, auditing and bookkeeping services (CPC 862)

  1. participating as an employee of an registered accounting and auditing firm
  2. The number of foreigners should not exceed 30% of total employees as indicated in the LICPA’s by Law

As specified in the horizontal section

 

Taxation consulting services (Part of CPC 863)

Unbound, except as indicated in horizontal section

Unbound, except as indicated in horizontal section

 

Architectural services (CPC 8671)

As specified in the horizontal section

As specified in the  horizontal section

 

Engineering services (CPC 8672)

Unbound, except as indicated in the horizontal section

Unbound, except as indicated in the horizontal section

 

Integrated engineering services (CPC 8673)

  • Integrated engineering services for transportation infrastructure turnkey projects (CPC 86731)
  • Integration engineering and project management services (CPC 86732)
  • Integrated engineering services for the construction of manufacturing turnkey projects (CPC 86733)

As specified in the horizontal section

As specified in the horizontal section

 

 

 

 

Sector or Subsector

 

Limitation on Market Access

 

Limitation on National Treatment

Additional

Commitments

Urban Planning and Landscape architectural services

(CPC 86741+86742)

  • Urban planning services (CPC 86741)
  • Landscape architectural services (CPC 86742)

Unbound, except as indicated in the horizontal section

Unbound, except as indicated   in the horizontal section

 

Medical and dental services

  • General and Medical services (CPC 93121)
  • Specialized Medical services (CPC 93122)

Unbound, except indicated in horizontal section and based on the specific project cooperation agreements

Unbound, except as indicated   in the horizontal section

 

B. Computer and Related Services

Consultancy services related to the installation of computer hardware

(CPC 841)

 

 

 

 

As specified in the horizontal section

 

 

 

 

Same as mentioned in Market Access and in Law on Taxation

 

Software implementation services (CPC 842)

Data base services (CPC 844)

Data processing services, excluded sensitive data and for non-commercial purpose (CPC 843)

 

 

 

 

Unbound, except as indicated in the horizontal section

 

 

 

Unbound, except as indicated   in the horizontal section

 

Other:

Maintenance and repair services of computer (Part of CPC 84500)

 

 

 

Sector or Subsector

 

Limitation on Market Access

 

Limitation on National Treatment

Additional

Commitments

C. Research and Development Services

R&D services on natural sciences (CPC 851)

 

 

 

 

 

Unbound, except as indicated in the horizontal section

 

 

 

 

 

 

Unbound, except as indicated in the horizontal section

 

R&D services on social sciences and humanities

(CPC 852)

-   Research and experimental development services (CPC 852)

Interdisciplinary R&D services (CPC 853)

E. Rental / Leasing Services without Operator

Rental/Leasing Services relating to ships (CPC 83103)

As indicated in the Horizontal Section

As indicated in the Horizontal Section

 

Relating to other machinery and equipment (CPC 83106-83109)

F. Other Business Services

Advertising services (CPC 871)

Contents shall be approved by the Ministry of Information and Culture of Lao PDR

 

 

Unbound, except as indicated in the horizontal measures

 

 

Unbound, except as indicated in the horizontal measures

 

 

 

 

Sector or Subsector

 

Limitation on Market Access

 

Limitation on National Treatment

Additional

Commitments

Market research and public opinion polling services (CPC 864)

( Marketing research services CPC 86401)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unbound, except as indicated in the horizontal section

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unbound, except as indicated in the horizontal section

 

Management consulting services (CPC 865)

  • General management    consulting services (CPC 86501)
  • Marketing management consulting services (CPC 86503)

Technical testing and analysis services(CPC 8676)

CPC 86761: Testing and analysis services of the chemical and biological properties of

materials such as air, water, waste (municipal and industrial)

Related scientific and technical consulting services

  • Geological, geophysical and other scientific prospecting services (CPC 86751)
  • Sub-surface surveying services (CPC 86752)

Maintenance and repair of equipment (not including maritime vessels, aircraft or other transport equipment)

(CPC 633+8861-8866)

Building-cleaning services (CPC 874)

Photographic services (CPC 875)

Packaging services (CPC 876)

Printing, publishing (CPC 88442)

 

 

 

Sector or Subsector

 

Limitation on Market Access

 

Limitation on National Treatment

Additional

Commitments

COMMUNICATION SERVICES

A. Postal services (CPC 7511)

 

Unbound

 

Unbound

 

B. Courier services (CPC 7512)

Multi-modal courier services (CPC 75121)

As specified in the horizontal section

As specified in the horizontal section

 

C. Telecommunication services

The following services can be supplied only on a facilities basis, for public use, with regard to local and national long-distance services.

Voice telephone services (CPC 7521)

This has to be in consistence with the labour law and law on promotion and management of foreign investment

 

As specified in the horizontal section

 

Packet-switched data transmission services (CPC 7523**)

(Electronic message and information services (CPC 75232))

 

 

 

 

 

 

Unbound, except as indicated in the horizontal section

 

 

 

 

 

Unbound, except as indicated in the horizontal section

 

Circuit-switched data transmission services (CPC 7523**)

Data and message transmission services (CPC 7523))

Telex services (CPC 7523**)

 

 

 

Sector or Subsector

 

Limitation on Market Access

 

Limitation on National Treatment

Additional

Commitments

Telegraph services (CPC 7522)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unbound, except as indicated in the horizontal section

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unbound, except as indicated in the horizontal section

 

Fascimile services (CPC7521**+7529**)

Private leased circuit services (CPC 7522**+7523**)

Electronic mail (CPC 7523**)

Voice mail (CPC 7523**)

On-line information and data base retrieval (CPC 7523**)

Electronic data interchange (EDI) (CPC 7523**)

Enhanced / value-added facsimile services, incl. store and forward, store and retrieve (CPC 7523**)

On-line information and / or data processing (incl transaction processing)

(CPC 843**)

Other

Paging services (CPC 75291)

Telecommunication consulting services

(CPC 75440)

 

 

 

Sector or Subsector

 

Limitation on Market Access

 

Limitation on National Treatment

Additional

Commitments

D. Audiovisual services

Motion picture and video tape production and distribution services

(CPC 9611)

  • Motion Picture Production (CPC 96112 excl. video tape)
  • Motion Picture Distribution (CPC 96113 excl. video tape)

 

 

 

 

 

 

 

 

 

Unbound, except as indicated in the horizontal section

 

 

 

 

 

 

 

 

 

Unbound, except as indicated in the horizontal section

 

Motion picture projection service (CPC 9612)

Radio and television services (CPC 9613)

- Radio Services only for production of radio programmes (CPC 96131)

- Television Services only for production of TV programmes (CPC 96132)

CONSTRUCTION AND RELATED ENGINEERING SERVICES

A. General construction work for buildings (CPC 512)

 

 

 

 

 

 

This has to be in consistence with the labour law and law on promotion and management of foreign investment

 

 

 

 

 

 

 

 

Same as mention in Market Access and in Law on Taxation

 

B. General construction work for civil engineering

(CPC 513)

C. Installation and assembly work (CPC 514+516)

  • Assembly and Erection of Prefabricated Constructions(CPC 514)
  • Installation Work (CPC 516)

D. Building completion and finishing work (CPC 517)

 

 

 

Sector or Subsector

 

Limitation on Market Access

 

Limitation on National Treatment

Additional

Commitments

E. Other

(CPC 511+515+518)

  • Pre-erection Work at Construction Site (CPC 511)
  • Special Trade Construction

(CPC515)

  • Rental services related to equipment for construction or demolition of buildings works

with operator

(CPC 518)

 

 

 

 

 

Unbound, except intra cooperate transfer and as per conditions in the horizontal section

 

 

 

 

 

Same as mention in Market Access and in Law on Taxation

 

DISTRIBUTION SERVICES

A. Commission agents' services (CPC 621)

Sale on a fee or contract basis of textiles, clothing and footwear (Part of CPC 621)

 

 

 

 

 

 

 

 

Unbound

 

 

 

 

 

 

 

 

Unbound

 

B. Wholesale trade services (CPC 622) Wholesale trade services on a fee or contract basis of textiles, clothing and footwear (6223 (Part of CPC 622)

D. Franchising (CPC 8929)

included only for textiles, clothing and footwear (Part of CPC 8929)

 

 

 

Sector or Subsector

 

Limitation on Market Access

 

Limitation on National Treatment

Additional

Commitments

EDUCATIONAL SERVICES

A. Primary education services (CPC 921)

 

 

 

 

 

 

 

 

 

 

 

 

Unbound, except as indicated in the horizontal section

 

 

 

 

 

 

 

 

 

 

 

 

 

Unbound, except as indicated in the horizontal section

 

B. Secondary education services

(CPC 922)

- Higher Secondary Education Services (CPC

9222)

- General Secondary Education services (CPC

9221)

- Technical and vocational training (Part of CPC

922)

C. Higher education services (CPC 923)

- Post Secondary Technical and Vocational Education Services (CPC 92310)

D. Adult education (CPC 924)

E. Other education services

Short term foreign language training (Part of CPC 929)

 

 

 

Sector or Subsector

 

Limitation on Market Access

 

Limitation on National Treatment

Additional

Commitments

ENVIRONMENTAL SERVICES

A. Sewage services (CPC 9401)

 

 

 

 

 

 

 

 

 

Unbound, except as indicated in the horizontal section

 

 

 

 

 

 

 

 

 

Unbound, except as indicated in the horizontal section

 

B. Refuse disposal services (CPC 9402)

C. Sanitation and similar services (CPC 9403)

D. Other

  • Cleaning of exhaust gases (Part of CPC 9404)
  • Noise abatement services (Part of CPC 9405)
  • Nature and Landscape Protection Services(CPC 9406)

FINANCIAL SERVICES

A. All insurance and insurance related services

Direct insurance (including co-insurance)

  1. Life insurance (Excluding Health Insurance)

(CPC 81211)

  1. Non-life insurance (CPC 8129)

 

 

 

Reinsurance and retrocession (CPC 81299), excluding pension fund, broking and agency service

Unbound, except the following:

  1. Only senior managers, experts are allowed.
  2. The entry and movement of

the mentioned natural persons in Lao PDR shall be approved

by relevant authorities of Lao

PDR.

Unbound, except as specified in the Limitation on Market Access. Foreign service suppliers and their foreign personnel working within the Lao PDR shall pay to the Lao Government the personal income tax, calculated in accordance with the provisions of the applicable Laws and regulations of the Lao PDR.

 

 

 

 

Sector or Subsector

 

Limitation on Market Access

 

Limitation on National Treatment

Additional

Commitments

Acceptance of deposits and other repayable funds from the public (CPC 81115 – 81119)

Unbound, except as indicated in the horizontal commitments

Unbound, except as indicated in the horizontal commitments

 

Lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transaction (8113)

Unbound, except for the case of cooperation in line with the necessity of economy, allow for management level and expertise level to come in

Unbound, except for the case of cooperation in line with the necessity of economy, allow for management level and expertise level to come in

 

Financial leasing (CPC 8112)

Unbound, except as indicated in the horizontal commitments

Unbound, except as indicated in the horizontal commitments

 

All payment and money transmission services (CPC 81339**)

Unbound, except as indicated in the horizontal commitments

Unbound, except as indicated in the horizontal commitments

 

Guarantees and commitments (CPC 81199**);

Unbound, except the case of cooperation in line with the necessity of economy, allow for management level and expertise level to come in

Unbound, except the case of cooperation in line with the necessity of economy, allow for management level and expertise level to come in

 

Trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the

following:  transferable securities (CPC 81321*)

Unbound except  as indicated in horizontal commitments

Unbound except  as indicated in horizontal commitments

 

Participation in issues of all kinds of securities, incl. underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues (CPC 8132)

Unbound except for categories of horizontal commitments

Unbound except for categories of horizontal commitments

 

Provision and transfer of financial information, and financial data processing and related

Unbound except for categories of horizontal commitments

Unbound except for categories of horizontal commitments

 

 

 

 

Sector or Subsector

 

Limitation on Market Access

 

Limitation on National Treatment

Additional

Commitments

software by providers of other financial services (CPC 8131).

 

 

 

Money broking (CPC 81339**i).

Unbound except for categories of horizontal commitments

Unbound except for categories of horizontal commitments

 

Asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository and trust services (CPC 81323*).

Unbound except for categories of horizontal commitments

Unbound except for categories of horizontal commitments

 

Settlement and clearing services for financial assets, incl. securities, derivative products, and other negotiable instruments (CPC 81339** or 81319**)

Unbound except for categories of horizontal commitments

Unbound except for categories of horizontal commitments

 

Advisory, intermediation and other auxiliary financial services on all the activities listed in sub-sectors 6.above incl. credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy (CPC 8131 or 8133)

Unbound except for categories of horizontal commitments

Unbound except for categories of horizontal commitments

 

 

 

 

Sector or Subsector

 

Limitation on Market Access

 

Limitation on National Treatment

Additional

Commitments

HEALTH RELATED AND SOCIAL SERVICES

A. Private Hospital services

Hospital with more than 100 beds and modern facilities only

(Part of CPC 93110)

Unbound, except as indicated in horizontal section and based on specific project cooperation agreement

Unbound, except as indicated in horizontal section

 

TOURISM AND TRAVEL RELATED SERVICES

A. Hotels and restaurants (incl catering)

 

  • Hotel lodging services, with 3 stars or more (Part of CPC 641)
  • Meal serving services with full restaurant service

(CPC 64210)

  • Beverage serving services without entertainment

(CPC 64310)

Unbound, except for intra- corporate transferees of general manager and managers

Unbound, except as indicated in the Horizontal Section

 

B. Travel agencies and tour operators services

 

Travel agencies services, in-bound services only

(Part of CPC 74710)

 

 

 

Unbound, except for managers

 

 

Unbound, except as indicated in the horizontal section

 

D. Other

 

Tourism consulting services

 

 

 

Unbound, except for managers

 

 

Unbound, except as indicated in the horizontal section

 

 

 

 

Sector or Subsector

 

Limitation on Market Access

 

Limitation on National Treatment

Additional

Commitments

TRANSPORT SERVICES: Where relevant Decree on Control List will be Applied on the sub-sectors

A. Maritime transport services

Passenger transportation (CPC 7211)

 

 

 

 

 

 

 

 

 

Unbound, except as indicated in the Horizontal Section

 

 

 

 

 

 

 

 

 

Unbound, except as indicated in the Horizontal Section

 

Freight transportation (CPC 7212)

Rental of vessels with crew (CPC 7213)

Maintenance and repair of vessels (CPC 8868**)

Pushing and towing services (CPC 7214)

Supporting services for maritime transport (CPC 745**)

- Vessels salvage and re-floating services (not applicable in harbor) (CPC 7454)

B. Internal Waterways Transport

Passenger transportation (CPC 7221)

 

 

 

 

 

 

 

Unbound, except as indicated in the Horizontal Section

 

 

 

 

 

 

 

Unbound, except as indicated in the Horizontal Section

 

Freight transportation (CPC 7222)

Rental of vessels with crew (CPC 7223)

Maintenance and repair of vessels (CPC 8868**)

 

 

 

Sector or Subsector

 

Limitation on Market Access

 

Limitation on National Treatment

Additional

Commitments

C. Air Transport Services

Aircraft repair and maintenance services

 

 

 

 

 

 

 

As indicated in horizontal section

 

 

 

 

 

 

 

As indicated in horizontal section

 

Selling and Marketing of Air Transport services

Computer reservation system services (CRS)

Aircraft leasing without crew

Aircraft leasing with crew

Air freight forwarding services

Aircraft catering services

Aircraft line maintenance

E. Rail Transport Services

Passenger transportation (CPC 7111)

 

 

 

 

 

 

 

As specified in the Horizontal Section

 

 

 

 

 

 

 

As specified in the Horizontal Section

 

Freight transportation (CPC 7112)

Pushing and towing services (CPC 7113)

Maintenance and repair of rail transport equipment

(CPC 8868**)

Supporting services for rail transport services (CPC 743)

F. Road Transport Services

Freight transportation (CPC 7123)

As specified in the Horizontal Section

As specified in the Horizontal Section

 

Rental of commercial vehicles with operator (CPC 7124)

As specified in the Horizontal Section

As specified in the Horizontal Section

 

 

 

 

Sector or Subsector

 

Limitation on Market Access

 

Limitation on National Treatment

Additional

Commitments

Maintenance and repair of road transport equipment

(CPC 6112+8867)

Unbound, except as indicated in the Horizontal Section

Unbound, except as indicated in the Horizontal Section

 

Supporting services for road transport services (CPC 744)

As specified in the Horizontal Section

As specified in the Horizontal Section

 

H. Services auxiliary to all modes of transport

Storage and warehouse services (CPC 742)

Storage and warehousing services related to

maritime transportation (Part of CPC 742)

 

 

 

 

 

Unbound, except as indicated in the Horizontal Section

 

 

 

 

 

Unbound, except as indicated in the Horizontal Section

 

Freight transport agency services (CPC 748)

  • Freight forwarding services
  • Shipping brokerage services

Other services not included elsewhere

Skill training services (CPC 97090)

Unbound, except as indicated in the Horizontal Section

Unbound, except as indicated in the Horizontal Section