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 (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) |
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
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.76%
Coverage rate of zero-tariffs on ICT goods (%)
53.35%
Coverage: Digital 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 Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (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 |
Sub-pillar 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 |
Sub-pillar 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 |
Sub-pillar 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
LAOS
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the World Trade Organization (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 |
Sub-pillar 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 |
Sub-pillar 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 |
Sub-pillar 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
KUWAIT
N/A
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Decision No. 48 of the Executive Regulations of Law No. 20 of 2014 Regarding Electronic Transactions
(قرار رقم 48 باللائحة التنفيذية للقانون رقم 20 لسنة 2014 في شان المعاملات الالكترونية)
(قرار رقم 48 باللائحة التنفيذية للقانون رقم 20 لسنة 2014 في شان المعاملات الالكترونية)
Kuwait has a legal framework that applies consumer protection to online transactions. Art. 2 of Law No. 20 of 2014 regarding Electronic Transactions provides for the scope of its application, which includes electronic records, messages, information, documents and signatures related to civil, commercial and administrative transactions and to any disputes arising from or in connection with their use, unless the parties agreed otherwise, or another law applies.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220302123602/https://www.informatica-juridica.com/ley/law-no-20-of-2014-concerning-electronic-transactions//
- https://web.archive.org/web/20231202115316/https://www.globalcompliancenews.com/2015/12/11/kuwait-law-regarding-electronic-transactions-in-force-introduction-of-a-concept-akin-to-data-privacy//
KUWAIT
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Kuwait has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
KUWAIT
Since 2014
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Kuwait has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
KUWAIT
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Kuwait has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal