Database

Browse Database

LAOS

Since June 2019

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Decision on Trading Rights of Foreign Traders No. 0623/MOIC (ຂໍ້ຕົກລົງ ວ່າດ້ວຍສິດທາງການຄ້າຂອງຜູ້ຄ້າຕ່າງປະເທດ ເລກທີ 0623 /ອຄ.ກຂອ)
According to Decision No. 0623/MOIC, foreign traders in Laos without a registered business must obtain a Trading Rights Certificate from the Department of Import and Export, Ministry of Industry and Commerce, to import or export goods. Foreign traders—whether individuals or legal entities—cannot sell directly to consumers in Laos and must, therefore, operate through authorised distributors. The Trading Rights Certificate qualifies foreign traders to sell and purchase goods via such distributors.
Eligibility requires compliance with their country's laws, no involvement in trading or financial crimes, and being from a WTO member country.
Coverage Horizontal

LAOS

Reported in 2020

Pillar Telecom infrastructure & competition  |  Sub-pillar 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 March 2012

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Decree on the Management and Use of Internet and Domain Name of the Lao PDR
The political parties and government organisations having their own website must use the Domain Name “.la” and must store the information in the land system computer, which uses the Internet Protocol of the National Internet Center located in Lao PDR according to Art. 10 of the Decree on the Management and Use of Internet and Domain Name of the Lao PDR.
Coverage Public sector

LAOS

Since July 2015

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar 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)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Law No. 38/NA of 15 November 2017, on Intellectual Property (ກົດ​ໝາຍ​ວ່າ​ດ້ວຍ ຊັບ​ສິນ​ທາງ​ປັນ​ຍາ, 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)  |  Sub-pillar 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

LAOS

Since November 2017, entry into force in June 2018

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Law No. 38/NA of 15 November 2017, on Intellectual Property (ກົດ​ໝາຍ​ວ່າ​ດ້ວຍ ຊັບ​ສິນ​ທາງ​ປັນ​ຍາ, ເລກທີ່ 38/NA ຂອງວັນທີ 15 ເດືອນພະຈິກປີ 2017)
Laos has a clear regime of copyright exceptions that follows fair use, which enables the lawful use of copyrighted work by others without obtaining permission. Art. 115 of the Law on Intellectual Property Rights lists exceptions that include: the quotation of a publicly available work, provided that it conforms to the principles of fair use and the scope of the quotation is justified for the intended purpose; the use of literary or artistic works to illustrate publications, broadcasts or recordings for educational or scientific research purposes; the translation of literary works into Braille or other characters for visually impaired persons is a permitted use of copyrighted material; among others.
Coverage Horizontal

LAOS

Reported in 2021, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement
Copyright is not adequately enforced online in Laos. It is reported that IP enforcement authorities in Laos remain relatively inexperienced, and the country's IP Law contains no specific provisions on e-commerce IP infringement.
Coverage Horizontal

LAOS

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Laos has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

LAOS

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram 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)  |  Sub-pillar 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 (ກົດ​ໝາຍ​ວ່າ​ດ້ວຍ ຊັບ​ສິນ​ທາງ​ປັນ​ຍາ, 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 (ກົດ​ໝາຍ​ວ່າ​ດ້ວຍ ຊັບ​ສິນ​ທາງ​ປັນ​ຍາ, 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.
Coverage Horizontal

LAOS

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar 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  |  Sub-pillar 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  |  Sub-pillar 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  |  Sub-pillar Other 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

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