LAOS
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Laos has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
LAOS
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Laos does not possess a comprehensive legal framework to ensure the effective protection of trade secrets, though certain measures exist to address related issues. Art. 53 of Law No. 50/NA of 20 November 2023 on Intellectual Property (ກົດໝາຍວ່າດ້ວຍ ຊັບສິນທາງປັນຍາ, ເລກທີ 50/ສພຊ, ລົງວັນທີ 20 ພະຈິກ 2023), defines the rights of trade secret proprietors. According to Art. 20, a trade secret is characterised as "secret information which cannot be disclosed regarding a formula, production process, or any information that has commercial value by virtue of not being known among or readily accessible to individuals within the circles that normally deal with the type of information in question." This legislation came into force in January 2024, superseding Law No. 38/NA of 15 November 2017 on Intellectual Property (ກົດໝາຍວ່າດ້ວຍ ຊັບສິນທາງປັນຍາ, ເລກທີ່ 38/NA ຂອງວັນທີ 15 ເດືອນພະຈິກປີ 2017), which included similar provisions in Arts. 20 and 61.
It has been reported that the absence of a dedicated legal framework for the protection and enforcement of trade secrets poses considerable challenges, particularly for foreign entities operating within Laos.
It has been reported that the absence of a dedicated legal framework for the protection and enforcement of trade secrets poses considerable challenges, particularly for foreign entities operating within Laos.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/legislation/details/22624
- https://web.archive.org/web/20240925191607/http://laoofficialgazette.gov.la/kcfinder/upload/files/50%20%E0%BA%AA%E0%BA%9E%E0%BA%8A%2020.11.2023.pdf
- https://web.archive.org/web/20231222180239/https://internationalipcooperation.eu/sites/default/files/arise-docs/2019/Lao-PDR_Law-on-Intellectual-Property-No-38_15-11-2017_Eng.pdf
- https://www.lexology.com/library/detail.aspx?g=db6fe766-a1e0-48b1-a21a-15edf342c3ad
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LAOS
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that Laos has no obligation for passive infrastructure sharing in the country to deliver telecom services to end users. However, it is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
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
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Laos is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
LAOS
Since April 2021, entry into force in June 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Decree on Electronic Commerce, No. 296/GOL (ດຳລັດວ່າດ້ວຍການຄ້າເອເລັກໂຕຣນິກ)
Art. 9 of Decree No. 296/GOV stipulates that foreign shareholders are prohibited from holding more than 90% of the shares of the legal entity operating an electronic marketplace.
Coverage E-commerce sector
LAOS
Since April 2021, entry into force in June 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Decree on Electronic Commerce, No. 296/GOL (ດຳລັດວ່າດ້ວຍການຄ້າເອເລັກໂຕຣນິກ)
According to Art. 9 of Decree No. 296/GOV, foreign investment in e-commerce requires a minimum registered capital of LAK 10 billion (approx. USD 1 million) and is subject to a maximum limit of 90% of the entity’s shares.
Coverage E-commerce
LAOS
Since 2010, last amended in 2016
Since January 2019
Since January 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Law on Investment Promotion 2010, amended by Law on Investment Promotion 2016
Decree on the Endorsement of the Business Activities under the Controlled Business List and the Concession List of Lao PDR - No. 03/PM.
Decree on the Endorsement of the Business Activities under the Controlled Business List and the Concession List of Lao PDR - No. 03/PM.
Under Art. 4 of the Law on Investment Promotion, foreign investors may engage in any sector or business except those that the government deems detrimental to national security. Art. 34 specifies that the "Controlled Business List" includes activities that could impact national security, public order, cultural traditions, the environment, society, or nature. Furthermore, Art. 41 defines concession businesses as investments authorised by the government to develop and operate specific projects, including land concessions, special economic zones, export-oriented industrial processing zones, and telecommunications.
The Decree on the Endorsement of the Controlled Business List and the Concession List of Lao PDR details the sectors included in these lists and outlines the investment procedures, classifying the telecom sector as a concession business. Although the Controlled Business List does not currently include sectors relevant to digital trade, Art. 5 of the Decree allows the government to propose updates—improvements, additions, or reductions—of business activities under the Controlled and Concession Lists as needed.
Art. 3 of the Decree requires both domestic and foreign entities seeking to invest in concession-listed activities in Lao PDR to submit their applications to the One-Stop Service Office at either the central or provincial level. The office will review the application and forward it to the Investment Promotion and Supervision Committee. This review process must be completed within 65 days from the date on which the One-Stop Service Office receives all required documents.
The Decree on the Endorsement of the Controlled Business List and the Concession List of Lao PDR details the sectors included in these lists and outlines the investment procedures, classifying the telecom sector as a concession business. Although the Controlled Business List does not currently include sectors relevant to digital trade, Art. 5 of the Decree allows the government to propose updates—improvements, additions, or reductions—of business activities under the Controlled and Concession Lists as needed.
Art. 3 of the Decree requires both domestic and foreign entities seeking to invest in concession-listed activities in Lao PDR to submit their applications to the One-Stop Service Office at either the central or provincial level. The office will review the application and forward it to the Investment Promotion and Supervision Committee. This review process must be completed within 65 days from the date on which the One-Stop Service Office receives all required documents.
Coverage Media, publishing, telecom sector
LAOS
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.75%
Coverage rate of zero-tariffs on ICT goods (%)
53.35%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/news21_e/ita_02dec21_e.htm
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
LAOS
Since January 2022
Since January 2022
Since January 2022
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)
ITA Expansion Agreement (ITA II)
ITA Expansion Agreement (ITA II)
Lao PDR is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/news21_e/ita_02dec21_e.htm
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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LAOS
Since January 2004
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Decree of the Prime Minister on Government Procurement of Goods, Construction, Maintenance and Services No. 03/PM
Art. 9 of the Decree of the Prime Minister on Government Procurement of Goods, Construction, Maintenance and Services No. 03/PM stipulates that the use of the national budget for the procurement of foreign goods is not authorised if such goods can be produced locally at equal quality. The regulation also states that local firms are given priority in public procurements of goods, works, and services financed in full with domestic funds. Local firms that are not affiliated with foreign firms and that supply goods, works, and services of equal quality to local firms are given preferential rights in competitive bidding.
Coverage Horizontal
LAOS
Since November 2017
Since February 2019
Since February 2019
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 30/NA on Public Procurement, 2017 (ກົດໝາຍວ່າດ້ວຍ ການຈັດຊື້)
Instruction No. 0477/MOF on Implementation of Law on Public Procurement
Instruction No. 0477/MOF on Implementation of Law on Public Procurement
Art. 45 of Law No. 30/NA provides that contractors, suppliers or consultants meeting all conditions must be given domestic preference and considered to be awarded the contracts. Clause 14 of Instruction No. 0477/MOF clarifies that domestic preference should apply for international open bidding (international competitive bidding) only, and such given domestic preference must be stipulated in the bidding documents through the following conditions:
- For works and/or maintenance: if a local bidder’s bid price does not exceed 7.5% of an international bidders bid price, the local bidder must be considered as the winning bidder for works and/or maintenance.
- Supply of goods: if, as a result of a comparison, the lowest evaluated bid is a bid from Group C (bids offering goods manufactured abroad and will be directly imported), all bids from Group C must be further compared with the lowest evaluated bid from Group A (bids offering domestically manufactured goods) after adding to the evaluated price of goods offered in each bid from Group C, for the purpose of this further comparison only, an amount not to exceed 15% of the respective bid price. The lowest evaluated price from the final comparison must be selected for the award.
- For works and/or maintenance: if a local bidder’s bid price does not exceed 7.5% of an international bidders bid price, the local bidder must be considered as the winning bidder for works and/or maintenance.
- Supply of goods: if, as a result of a comparison, the lowest evaluated bid is a bid from Group C (bids offering goods manufactured abroad and will be directly imported), all bids from Group C must be further compared with the lowest evaluated bid from Group A (bids offering domestically manufactured goods) after adding to the evaluated price of goods offered in each bid from Group C, for the purpose of this further comparison only, an amount not to exceed 15% of the respective bid price. The lowest evaluated price from the final comparison must be selected for the award.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230402111448/http://ppmd.mof.gov.la/storage/1632981237.Laos%20PDR%20Public%20Procurement%20Law_English[23].pdf
- https://web.archive.org/web/20220813115629/https://www.mof.gov.la/wp-content/uploads/2020/06/Instruction-of-law-on-public-procurement_Eng-1.pdf
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S394R1.pdf&Open=True
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LAOS
Reported in 2021, last reported in 2024
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in procurement procedures
It is reported that the procurement procedures are not transparent. It is not common practice for government purchases to be advertised or bid on openly.
Coverage Horizontal
