LAOS
Since December 2012
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Law on Electronic Transactions
The Law on Electronic Transactions establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 34 of the law, an intermediary is not liable:
- to monitor any information contained in a data message or electronic record that it handles for a user;
- for a data message or electronic record that it handles for a user if an intermediary is not an originator;
- for a data message or electronic record for which an intermediary has no actual knowledge that (the information) gives rise to liability;
- for background on a data message for which an intermediary has no actual knowledge.
- to monitor any information contained in a data message or electronic record that it handles for a user;
- for a data message or electronic record that it handles for a user if an intermediary is not an originator;
- for a data message or electronic record for which an intermediary has no actual knowledge that (the information) gives rise to liability;
- for background on a data message for which an intermediary has no actual knowledge.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20231029234327/http://laoofficialgazette.gov.la/kcfinder/upload/files/Law%20on%20Electronic%20Transactions%20.pdf
- https://web.archive.org/web/20230919071254/https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://web.archive.org/web/20230604211614/https://www.globaltradealert.org/country/110
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LAOS
Since December 2012
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Law on Electronic Transactions
The Law on Electronic Transactions establishes a safe harbour regime for intermediaries beyond copyright infringement. According to the law, an intermediary is not liable (i) to monitor any information contained in a data message or electronic record that it handles for a user; (ii) for a data message or electronic record that it handles for a user if an intermediary is not an originator; (iii) for a data message or electronic record for which an intermediary has no actual knowledge that (the information) gives rise to liability; (iv) for background on a data message for which an intermediary has no actual knowledge.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20231029234327/http://laoofficialgazette.gov.la/kcfinder/upload/files/Law%20on%20Electronic%20Transactions%20.pdf
- http://web.archive.org/web/20160328221013/https://freedomhouse.org/report/freedom-press/2015/laos
- https://web.archive.org/web/20230928221523/https://www.rfa.org/english/news/laos/decree-09242014143032.html
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LAOS
Since June 2014
Pillar Intermediary liability |
Indicator User identity requirement
Decree on Internet Information Management No. 327/GOV
According to Art. 8 of the Decree on Internet Information Management No. 327/GOV, individuals are required to register on social media sites with their full names and current addresses, making it difficult for people in Lao PDR to share news articles or other information anonymously.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20231029234327/http://laoofficialgazette.gov.la/kcfinder/upload/files/Law%20on%20Electronic%20Transactions%20.pdf
- https://web.archive.org/web/20230928221523/https://www.rfa.org/english/news/laos/decree-09242014143032.html
- https://web.archive.org/web/20160328221013/https://freedomhouse.org/report/freedom-press/2015/laos
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LAOS
Since October 2023
Pillar Intermediary liability |
Indicator User identity requirement
Agreement on the Management of Telecommunications and ICT Equipment, No. 3583/KTS
According to the January 30, 2023 notice issued by the Office of the Ministry of Technology and Communications (MTC) concerning the Agreement on the Management of Telecommunications and ICT Equipment (No. 3583/KTS), from October 1, 2023, mobile phone users are required to register their SIM cards. This registration process involves submitting photographic copies of various identification documents, including ID cards, driver’s licenses, family registration books, and resident certificates.
Coverage Telecommunications sector
LAOS
Since December 2012
Pillar Intermediary liability |
Indicator Monitoring requirement
Law on Electronic Transactions
It has been reported that, following the signing of the Law on Electronic Transaction, internet service providers can face penalties for permitting internet users to publish false information about the government or information meant to discredit it. According to Art. 10, telecommunications and Internet Service Providers (ISPs) are required to monitor information disseminated through their services for censorship of criticism of the Lao PDR government and other political content. In addition, according to Art. 18, the telecommunications and communications sector has the responsibility to supervise and inspect the dissemination of information by Internet service users, and orders should be issued to ISPs to restrict access to information, temporarily or permanently suspend the connection of those who violate this decree or other related regulations and laws. Moreover, according to Art. 7 of the law, website owners or managers have the responsibility to thoroughly check the content and information before allowing others to disseminate it through their website, despite the fact that, according to the Lao Electronic Transactions Law, intermediaries are specifically not responsible "for monitoring the information contained in a data message or electronic record they handle for a user".
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20231029234327/http://laoofficialgazette.gov.la/kcfinder/upload/files/Law%20on%20Electronic%20Transactions%20.pdf
- https://web.archive.org/web/20231126174848/https://ustr.gov/sites/default/files/files/reports/2017/NTE/2017%20NTE.pdf
- https://web.archive.org/web/20230928221523/https://www.rfa.org/english/news/laos/decree-09242014143032.html
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LAOS
Since June 2010
Pillar Content access |
Indicator Restrictions on online advertising
Law on Consumer Protection
According to Art. 15 of the Law on Consumer Protection, individuals, legal entities, and organisations intending to advertise goods and services must seek approval from the information and culture sector in accordance with laws and regulations.
Coverage Horizontal
LAOS
Reported in 2018, last reported in 2023
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
In Lao PDR, there are four approved companies offering both fixed and mobile telecommunications services, with a fifth holding a mobile license but presently focusing solely on providing internet access. Each of these companies has a certain degree of government ownership.
Coverage Telecommunication sector
LAOS
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory accounting separation for dominant network operators
It is reported that Laos does not mandate accounting separation for operators with significant market power (SMP) in the telecom market. However, there has been an obligation of functional separation since 2014.
Coverage Telecommunications sector
LAOS
Since December 2011
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Law on Telecommunication (ກົດໝາຍວ່າດ້ວຍ ການໂທລະຄົມມະນາຄົມ)
Art. 36 of the Law on Telecommunication mandates the following activities to be approved by the Ministry of Post and Telecommunications or relevant ministries: i) adjusting its radio frequency spectrum, telecommunication equipment, and networks into the radio frequency spectrum, telecommunication equipment, and networks of other telecommunication service providers; ii) Increasing or decreasing service prices, and iii) using telecommunication resources and import telecommunication equipment. It is reported that since 2022, there has been a new telecom law. However, the text is not available online.
Coverage Telecommunications sector
LAOS
Since February 2015
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Decision on Telecommunication Business Operating License No. 221/MPT
According to Art. 2 of the Decision on Telecommunication Business Operating License No. 221/MPT, a Telecommunication Business Operating License provides the right and legal certification to individuals or juridical persons who operate telecommunication businesses in accordance with the laws of Lao PDR. Pursuant the Art. 10, individuals, legal entities, and organisations, both domestic and international, aiming to conduct a telecommunication business must provide a complete set of application documents and submit them to the responsible office as stipulated in the law on investment promotion and other relevant regulations. Registration criteria for the business license for telecommunication services, as stated in Art. 11, include: i) having adequate financial resources; ii) having staff with the relevant knowledge, capability, and experience; iii) buildings, vehicles, and equipment for supporting telecommunications-related work; iv) making the full payment of related fees and service charges; and v) preparing the full set of required documents.
In addition, Art. 12 states that some documents are required, including a feasibility study and a technical plan.
In addition, Art. 12 states that some documents are required, including a feasibility study and a technical plan.
Coverage Telecommunications sector
LAOS
Since April 2013
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Laos has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=116265&CurrentCatalogueIdIndex=0&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord=True
- https://web.archive.org/web/20211025203315/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
LAOS
Reported in 2020
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
Laos has established a telecommunications authority known as the Lao Telecommunication Regulatory Authority (LTRA). However, it has been reported that the entity's decision-making process lacks full independence from government influence. The LTRA operates as a subsidiary structure within the Ministry of Post and Telecommunications, holding a status equivalent to that of a department and functioning as a think tank to support the Ministry in overseeing telecommunications regulatory activities. The Director General of the LTRA is directly accountable to the Minister of Post and Telecommunications, as well as the supervising Vice Minister, for the organisation’s performance, including its successes and shortcomings.
Coverage Telecommunications sector
LAOS
Since July 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Law on Business Competition (No. 60/NA) (ກົດໝາຍ ວ່າດ້ວຍການແຂ່ງຂັນທາງທຸລະກີດ)
Art. 39 of the Law on Business Competition establishes a general mergers and acquisitions review regime. However, this regime has never been used to block investment in sectors relevant to the digital economy.
Coverage Horizontal
LAOS
Since November 2017, entry into force in June 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Law No. 38/NA of 15 November 2017, on Intellectual Property (ກົດໝາຍວ່າດ້ວຍ ຊັບສິນທາງປັນຍາ, ເລກທີ່ 38/NA ຂອງວັນທີ 15 ເດືອນພະຈິກປີ 2017)
According to Art. 21 of the Law on Intellectual Property, a patent or petty patent shall be refused, in any case, if it is contrary to the culture and fine traditions of the nation, social orders and morale, and security and peace of the Lao PDR. Pursuant to Art. 27, any domestic or foreign individuals, legal entities or organisations may apply for registration of their industrial property with the Ministry of Technology and Science or with an international intellectual property registration organisation to which the Lao PDR is a party. However, any individual, legal entity or organisation residing in a foreign country wishing to apply for industrial property registration shall have a business premise or an authorised representative in the Lao PDR to be able to apply. The applicant without a business premise or residence in the Lao PDR shall appoint an authorised representative to carry out transactions related to intellectual property in the Lao PDR.
Coverage Horizontal
LAOS
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Laos is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
