WORLD TRADE  
ORGANIZATION  RESTRICTED 
WT/ACC/LAO/25/Add.1 
15 June 2012 
 (12-3203) 
Working Party on the 
Accession of the Lao PDR Original:   English 
 
 
 
ACCESSION OF THE LAO PDR 
 
Questionnaire on Import Licensing Procedures 
 
Additional Questions and Replies 
  
Addendum 
  
 The following submission, dated 1 June 2012, is being circulated at the request of the Government of the Lao People's Democratic Republic (Lao PDR). 
 
_______________ 
 WT/ACC/LAO/25/Add.1 
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  PRODUCTS SUBJECT TO AUTO MATIC IMPORT LICENSING 
 II. PURPOSES AND COVERAGE OF LICENSING 
 3. Is the licensing intended to restrict the quantity or value of imports, and if not, 
what are its purposes?  Have alternative methods of accomplishing the purposes been considered and if so which?  Why have they not been adopted? 
  A n s w e r :  
 Automatic import licensing is applied for statistical and monitoring purposes.  
The licensing is not intended to restrict the quantity or value of imports. 
Question 1 - What aspect of importation of these good s is Lao PDR "monitoring," and why does 
Lao PDR consider it necessary?  What does Lao PDR intend to do with the information 
it gathers?    
- We note that the HS Code for certain item s subject to automatic import licensing are 
marked "NA".  Are these items no longer subject to licensing? 
- Are automatic import licenses granted in a ll cases?  If not, why not, and for what 
products?  Have alternative methods of accomplishing the purposes been considered and 
if so which methods?  Why h ave they not been adopted? 
- How does the government  ensure that automatic licensing is maintained  only as long as 
the circumstances which gave rise to its introduction prevail an d as long as its underlying 
administrative purposes cannot be achieved in a more appropriate way? 
Answer: 
Lao PDR is monitoring for statistical purpose, the import of goods subject to import licensing 
(regarding importer, exporting country and indicative volume of imports). 
 The information obtained via import licensing system of those goods helps relevant ministries to establish the import statistics of goods under their r esponsibilities.  The relevant ministries include 
such statistics in their periodic report to the G overnment for consideration in its socio-economic 
development plan.  The abbreviation “NA” in the previous list of goods means HS code not assignable.  However, 
Ministerial Decision No. 0076/MoIC.DIMEX, date d 13 January 2012 (see WT/ACC/LAO/27) no 
longer contains such abbreviation.  
 
Automatic import licenses are automatically granted in all cases.   Given its institutional capacity limitation, Lao PDR could not identify any method other than 
automatic import licensing system for collecting import statistics of these products.  
 
In line with Article 6.4 of the Decree 180/PM dated 7 July 2009, the Ministry of Industry and 
Commerce holds an annual meeting or upon request of an affected party, in collaboration with relevant line ministries, to consider whether the ci rcumstances which gave rise to the introduction of 
the import licensing system still exist and whethe r the underlying administrative purposes cannot be 
achieved in a more appropriate way.  The alterna tive methods will be also taken into account if the 
underlying administrative purposes for import licensing system cannot be achieved in a more 
appropriate way.  The import licensing system fo r a particular product will be removed if the  WT/ACC/LAO/25/Add.1 
 Page 3 
 
 
  circumstances which gave rise to its introduction no longer exist.  Under the above process, the 
Government of Lao PDR has revised its list of go ods subject to automatic and non-automatic import 
licensing system, a copy of which has been provi ded to the WTO Secretariat (see WT/ACC/LAO/27). 
 4. Cite the law, regulation and/or administrative order under which the licensing is 
maintained.  Is the licensing statutorily required?  Does th e legislation leave 
designation of products to be subjected to  licensing to administrative discretion?  
Is it possible for the Government (or the executive branch) to abolish the system without legislative approval? 
  A n s w e r :  
The licensing system is a statutory requirement of Decree No. 180/PM as 
implemented by relevant authorities of the Lao PDR.  The legislation does not 
leave designation of products to be licensed to administrative discretion.  The licensing system may be abolished without legislative approval. 
Question 2 Please describe the government's process for abolishi ng the licensing system.  Please identify the 
provisions of Decree No. 180/PM containing the relevant provisions referenced in the 
government's response. 
Answer: 
Pursuant to Article 6.4 of Decree No. 180/PM, an impor t licensing system may be abolished if it is no 
longer necessary.  The abolishment process of an import  licensing system is subject to the general rule 
of abolishing a regulation.  The rule is that the au thority issuing a regulation or a higher authority has 
the authority to abolish such a regulation.  The rule  is provided for in Article 60 of the 2003 Edict on 
the Making of Legal Acts.  The Ed ict is being upgraded to a law (the Law on the Making of Legal 
Acts) and would provide that any entity or organizati on may request the relevant authority to abolish a 
regulation issued by it or by a subordinate authority if  the regulation is not in line with laws or treaties 
to which Lao PDR is a party. 
 III. PROCEDURES  2. Where there is no quantitative limit on  importation of a product or on imports 
from a particular country: 
(a) How far in advance of importation must application for a licence be 
made?  Can licenses be obtained with in a shorter time-limit or for goods 
arriving at the port without a licence (for example, owing to 
inadvertency)? 
  (b) Can a licence be granted immediately on request? 
(c) Are there any limitations as to the period of the year during which 
application for licence and/or importation may be made?  If so, explain.  
(d) Is consideration of licence applications effected by a single administrative 
organ? Or must the application be pass ed on to other organs for visa, note 
or approval?  If so, which?  Does the importer have to approach more 
than one administrative organ? WT/ACC/LAO/25/Add.1 
Page 4  
 
    Answer: 
(a) In accordance with Article 2.2(a )(ii) of WTO Agreement on Import 
Licensing Procedures, an application for a licence may be submitted on any working day prior to the customs clearance as defined by Article 6.2 of the Decree No. 180/PM. Properly submitted applications shall be 
approved immediately on receipt, to the extent administratively feasible, 
but within a maximum of 10 working days. 
(b) A licence can be granted immediately on request, to the extent 
administratively feasible. 
(c) There are no limitations as to the period of the year during which 
application for licence and/or importation may be made. 
(d) Consideration of licence applications is effected by a single 
administrative body. 
Question 3 What steps may an importer take to obtain a time ly import permit in the event of an error or 
inadvertency?  Is it administratively feasible fo r an application to be approved immediately, or 
is provision of the licence within 10 days more likely?  Please confirm that the "maximum of 10 working days" begins on the date of receipt. 
Answer: 
In the event that an error or inadvertency is minor , the application will be issued without further steps 
from the applicant.  However, if the error or ina dvertency is altering basic data contained in the 
application, then the applicant will be re quested to make relevant corrections.   
 It is theoretically possible to immediately approve  an automatic import licence.  However, due to 
insufficient personnel, it is most often not administratively feasible for Lao authorities to issue a licence immediately. 
 
The timeframe of maximum 10 working days begins  on the date of receipt of an application. 
 3. Under what circumstance s may an application for a lic ence be refused other than 
failure to meet the ordinary criteria?  Are the reasons for any refusal given to the applicant?  Have applicants a right of ap peal in the event of refusal to issue a 
licence and, if so, to what bodies and under what procedures? 
  Answer: 
Beyond the failure of an applicant to m eet standard criteria, a request for 
import licence may be refused by the rele vant authority.  The reasons for refusal 
of issuing a licence are provided in writing to the applicant.  The applicants have the right to appeal against such a refusal in front of the higher authority and/or 
to seek recourse to the court of Lao P DR in accordance with the Law No. 7/NA 
of 9 November 2005 "On Handling Petition" to reverse such a refusal.  
Question 4 
Please explain under what circumstances an application for an automatic import licence may be refused other than failure to meet the applic ation criteria.  What criteria are applied?  WT/ACC/LAO/25/Add.1 
 Page 5 
 
 
  Answer: 
The application for a licence may also be refused in case of an omission or mistake obviously made 
with fraudulent intent or gross negligence. 
 
 IV. ELIGIBILITY OF IMPORTERS TO APPLY FOR LICENCE 
  1. Are all persons, firms and institutions eligible to apply for licenses: 
   (a) under restrictive licensing systems? 
   (b) under non-restrictive systems? 
 If not, is there a system of registration of persons or firms permitted to engage in 
importation?   
  Answer: 
All individuals, entities and organizations are eligible to apply for a licence as 
long as they meet the specific requirements. 
Question 5 
What are the "specific requirements" for applyi ng for a licence?  Where are these "specific 
requirements" published and in what law are they found?  
Answer: 
Specific requirements are provided in each specific re gulation which depends on the types of goods.   
 
Regulations containing specific requirements ha ve been submitted to the WTO Secretariat 
(see WT/ACC/LAO/30).  They will be also publishe d on the Trade Portal of Lao PDR which is 
expected to be launched in June 2012.   
 
 V. DOCUMENTATION AND OTHER REQUIREMENTS FOR APPLICATION 
FOR LICENCE 
 1. What information is required in appl ications?  Submit a sample form.  What 
documents is the importer required to supply with the application? 
  Answer: 
The application for a licence contains the general information regarding the 
applicant (name, address, contact deta ils) and product in question (quantity, 
value, country of origin, point of importation). 
  The following documents have to be annexed to the application for a licence: 
- Copy of valid enterprise registration certificate or concession certificate 
(for applicants domiciled in Lao PDR); 
- Copy of valid business registration certificate issued by the competent 
authority of the relevant country (for applicants residing outside of Lao PDR); or 
  - Copy of Valid ID card or Passport. WT/ACC/LAO/25/Add.1 
Page 6  
 
    Please see the sample application form in Annex 1. 
Question 6 
Please clarify whose business has to prove validatio n?  The importer?  Th e exporter? Or both?  
Is the required information for importation included in the customs import 
declaration/documentation?  If so, why does the licence also require such documentation? 
Answer: 
It is the applicant of an import licence who has to pr ovide its valid business regi stration certificate.  The 
applicant may be the importer or the exporter.  
The required information for import licensing applicat ion is minimum and basically aims to identify the 
applicant.  Apart from the identity of applicant, no information required for import licensing application is included in the customs import de claration/documentation.  The info rmation on import required to be 
included in the application for import licensing is only indicative, i.e. an indicative volume/value of 
imports expected (please refer to the applicati on form attached to the document WT/ACC/LAO/25), 
whereas the information to be included in the cust oms declaration must be according to the actual 
imports. 
 2. What documents are required upon actual importation? 
  A n s w e r :  
At the time of actual importation, the import licence must be presented to the 
customs at the port where the entry takes place.  
Question 7 
In addition to the import licence, what docu ments are required upon actual importation that 
are different from those for an import that does not require a licence? 
Answer: 
According to the 2011 Customs Law, in additio n to the import licence, no other documents are 
required upon actual importations that are different from those for an import that does not require a 
licence. 
 VI. CONDITIONS OF LICENSING 
 1. What is the period of validity of a licence?  Can the validity of a licence be 
extended?  How? 
  A n s w e r :  
An import licence is valid for one ye ar and can be extended not exceeding three 
months. 
Question 8 
Chapter II, Article 5, Paragraph 6 of Decree No. 180/PM is unclear as to the process for extending a licence.  Please clarify from when the 3-month extension begins.  Is the extension  WT/ACC/LAO/25/Add.1 
 Page 7 
 
 
  available only if the licence has not been used or  incompletely used?  Can a one year licence be 
extended to one year and three months?   
Answer: 
The three-month extension starts from the date of issuance of such extension. 
 
Such extension is applicable only during the term of  the relevant import licence.  Upon expiration of 
such a term, the holder of the expired licence must apply for a new import licence.  The current legislation of Lao PDR (Decree no. 180/ PM) sets the term of import licence for one year.  
The three-month extension is to give a possibility for the holder of licence who would need a slightly 
longer time to use the licence at hand, but does not wa nt to apply for a new licence.  In no case such 
extension would deprive an expired import licence holder of the right to apply for a new import 
licence. 
 2. Is there any penalty for the non-utilizat ion of a licence or a portion of a licence? 
  A n s w e r :  
  There is no penalty for the non-utilization or a portion of a licence. 
Question 9 
Please explain Lao PDR's response in light of Chapter II, Article 5, Paragraph 6 of Decree 
No. 180/PM which states that in the event that th e import licence has not been utilized, or fully 
utilized, the "import licensing authority shall terminate the original licence and reissue the new 
one, but such extensions can only be do ne once and shall not exceed three months". 
Answer: 
The request for extension must be made during the term of the relevant import licence.  Upon such a 
request, the licensing authority will replace existing licence with an extension licence for a term of 
three months from the date of issuance of such extension.  
 
In case the applicant intends to import for a period long er than such extension, he/she may apply for a 
new licence. 
 VII. OTHER PROCED URAL REQUIREMENTS  
2. Is foreign exchange automatically pr ovided by the banking authorities for 
goods to be imported?  Is a licence re quired as a condition to obtaining 
foreign exchange?  Is foreign exchan ge always available to cover licenses 
issued?  What formalities must be fulfilled for obtaining the foreign exchange? 
  Answer: 
Foreign exchange is provided for goods to be imported as agreed between 
commercial banks and importers. WT/ACC/LAO/25/Add.1 
Page 8  
 
  Question 10 
What is the government's role in ensuring that  foreign exchange is automatically provided by 
the banking authorities for goods to be imported?  Is foreign exchange always available to cover 
importation of goods for which lice nses have been issued?  If no t, why not?  What formalities 
must be fulfilled to obtain the foreign exchange? 
For an imported good that requires a licence, is there any legal requirement that the licence be 
mandatory as a condition for obtaining foreign exchange?  
Answer: 
The Government regulates the use/purchase of foreign exchange via 2008 Edict No. 01/P "On the 
Management of Foreign Exchange and Precious Me tals", which permits the use/purchase of foreign 
currencies for activities relating to cross-borde r transactions including import-export of goods.  
Such permission ensures that goods to be imported have access to foreign exchange as available in 
commercial banks. 
An import licence is not mandatory as a c ondition for obtaining foreign exchange.   WT/ACC/LAO/25/Add.1 
 Page 9 
 
 
  PRODUCTS SUBJECT TO NON-AUTOMATIC LICENSING UNDER GENERAL AND 
SECURITY EXCEPTIONS (ARTICLES XX AND XXI OF THE GATT 1994) 
 II. PURPOSES AND COVERAGE OF LICENSING 
 4. Cite the law, regulation and/or administrative order under which the licensing is 
maintained.  Is the licensing statutorily required?  Does th e legislation leave 
designation of products to be subjected to  licensing to administrative discretion?  
Is it possible for the Government (or the executive branch) to abolish the system without legislative approval? 
  Answer: 
The licensing system is a statutory requirement of Decree No. 180/PM as 
implemented by relevant authorities of the Lao PDR.  The legislation leaves 
designation of products to be licensed  to administrative discretion within 
principles set-out by Decree No. 180/PM.  The licensing system may be abolished 
requirement of legislative approval. 
Question 11 
Please identify the provisions of Decree No . 180/PM containing the relevant principles 
referenced in the government's response.  Wh at are the purposes for which non-automatic 
licensing is applied to imported goods? 
Which government entity has the authority to abolish the system? The executive branch?  
The legislative branch?  Both? What would be the process?  
Answer: 
The provisions of Decree No. 180/PM containing the relevant principles referenced to the 
government's response are under Article 7 of th e said decree (regarding non-automatic import 
licensing procedures).  
As mentioned in Ministerial Decision no.  0076/MOIC.DIMEX, dated 13 January 2012 
(see WT/ACC/LAO/27) non-automatic import licenses ar e used for the safety of the public and 
national security, in line with the WTO general ex ceptions and security exceptions (Article XX and 
XXI of the GATT 1994).  Pursuant to Article 6.4 of Decree No. 180/PM, an impor t licensing system may be abolished if it is no 
longer necessary.  The abolishment process of an import  licensing system is subject to the general rule 
of abolishing a regulation.  The rule is that the au thority issuing such a regulation or a higher authority 
has the authority to abolish such a regulation.  Th e rule is provided for Article 60 of the 2003 Edict on 
the Making of Legal Acts.  The Ed ict is being upgraded to a law (the Law on the Making of Legal 
Acts) and would provide that any entity or organizati on may request the relevant authority to abolish a 
regulation issued by it or by a subordinate authority if  the regulation is not in line with laws or treaties 
to which Lao PDR is a party.  
III. PROCEDURES 
 1. For products under restriction as to the quantity or value of imports (whether 
applicable globally or to a limited number of countries or whether established bilaterally or unilaterally). WT/ACC/LAO/25/Add.1 
Page 10  
 
   (a) Is information published, and where, concerning allocation of quotas and 
formalities of filing applications for lice nses?  If not, how is it brought to the 
attention of possible importers?  Of g overnments and export promotion bodies of 
exporting countries and their trade representatives?  Is the overall amount published?  The amount allocated to good s from each country?  The maximum 
amount allocated to each importer?  How to request any exceptions or derogations 
from the licensing requirement? 
 (b) How is the size of the quotas determin ed:  on a yearly, six-monthly or quarterly 
basis?  Are there cases where the size of quota is determined on a yearly basis but licenses are issued for imports on a six-monthly or quarterly basis?  In the latter 
case, is it necessary for importers to a pply for fresh licence on a six-monthly or 
quarterly basis? 
 (c) Are licenses allo tted for certain goods partly or on ly to domestic producers of like 
goods?  What steps are taken to ensure that  licenses allocated are actually used for 
imports?  Are unused allocations added to quotas for a succeeding period?  Are 
the names of importers to whom licenses have been allocated made known to 
governments and export promotion bodies of exporting countries upon request?  
If not, for what reason?  (Indicate products to which replies relate) 
 (d) From the time of announcing the openin g of quotas, as indica ted in I above, what 
is the period of time allowed for the su bmission of applications for licenses? 
 (e) What are the minimum and maximum lengths of time for processing 
applications? 
 (f) How much time remains, at a minimum, between the granting of licenses and the 
date of opening of the period of importation? 
 (g) Is consideration of licence applications effected by a single administrative organ?  
Or must the application be passed on to other organs for visa, note or approval?  
If so, which?  Does the importer have to approach more than one administrative 
organ? 
 (h) If the demand for licenses cannot be fully  satisfied, on what basis is the allocation 
to applicants made?  First come, first served?  Past performance?  Is there a maximum amount to be alloca ted per applicant and, if so, on what basis is it 
determined?  What provision is made for new importers?  Are applications 
examined simultaneously or on receipt? 
 (i) In the case of bilateral quotas or export restraint arrangements where export 
permits are issued by exporting countries, a re import licenses also required?  If so, 
are licenses issued automatically? 
 (j) In cases where imports are allowed on the basis of export permits only, how is the 
importing country informed of the effect given by the exporting countries to the 
understanding between the two countries? 
 (k) Are there products for which licenses a re issued on condition that goods should be 
exported and not sold in the domestic market? 
  A n s w e r :  
  Not applicable. 
Question 12 
How does Lao PDR explain its res ponse in light of Chapter 3, Article 7, paragraph 1 of Decree 
No. 180/PM, which states: "Non-aut omatic licensing pr ocedures are normally used when there 
are quantitative restrictions (quota s) on the import of goods."?   WT/ACC/LAO/25/Add.1 
 Page 11 
 
 
  Answer: 
The Decree mentions that when a quantitative restric tion is applied, it is only as a consequence of the 
use of the non-automatic licence for WTO conforme d purposes identified in Ministerial Decision 
No. 0076/MOIC.DIMEX, dated 13 January 2012 (see WT/ACC/LAO/27).  Please also refer to the answer to Question 11.  
 
 2. Where there is no quantitative limit on  importation of a product or on imports 
from a particular country: 
 (a) How far in advance of importation mu st application for a licence be made?  
Can licenses be obtained within a shorter time-limit or for goods arriving at the 
port without a licence (for example, owing to inadvertency)? 
 (b) Can a licence be granted immediately on request? 
 (c) Are there any limitations as to the period of the year during which application for 
licence and/or importation may be made?  If so, explain.  
 (d) Is consideration of licence applications effected by a single administrative organ? 
Or must the application be passed on to other organs for visa, note or approval?  
If so, which?  Does the importer have to approach more than one administrative 
organ? 
  Answer: 
(a) The applications must be processed within 30 working days. 
(b) Licence cannot be granted immediately on request. (c) There are no limitations as to the period of the year during which 
application for licence and/or importation may be made. 
(d) Consideration of licence applications is effected by a single 
administrative body.  
 
Question 13 
With respect to the answer to question (b), please explain why it is impossible to grant a licence 
immediately upon request. 
Answer: 
These products may affect the safety of the public and national security.  Thus, licensing authority 
needs time to evaluate each application and the co mpliance with domestic regulations.  However, the 
period of consideration cannot be longer than th at indicated in Article 7 of Decree 180/PM, which 
reflects Article 3.5 (f) of the Agreement on Import Licensing Procedures. 
Question 14 
With respect to the answer to question (d), in  order to obtain consideration of the licence 
application, is the Ministry of Commerce and Industry the only administrative organ that the 
importer must approach?  Does the Ministry of Commerce and Industry process each application request through each additional Ministry from which the government requires 
approval before the Commerce Ministry issues a licence? WT/ACC/LAO/25/Add.1 
Page 12  
 
  Answer: 
The Ministry of Industry and Commerce is not re sponsible for issuing a licence for all products 
subject to import licensing system. Applicant shall approach the concerned ministry which is one 
administrative organ for issuing each impor t licence as indicated in Notification 
No.0076/MOIC.DIMEX, dated 13 January 2012. 
 3. Under what circumstance s may an application for a lic ence be refused other than 
failure to meet the ordinary criteria?  Are the reasons for any refusal given to the applicant?  Have applicants a right of ap peal in the event of refusal to issue a 
licence and, if so, to what bodies and under what procedures? 
  Answer: 
Beyond the failure of an applicant to m eet standard criteria, a request for 
import licence may be refused by the rele vant authority.  The reasons for refusal 
of issuing a licence are provided in writing to the applicant.  The applicants have the right to appeal against such a refusal in front of the higher authority and/or to seek recourse to the court of the L ao PDR in accordance with Law No. 7/NA 
of 9 November 2005 "On Handling Petition" to reverse such a refusal.  
Question 15 
What are the "standard criteria" to be met to  acquire a non-automatic licence?  How do they 
differ from the criteria applied for automatic licenses?  Who (other than the Ministry of 
Commerce and Industry) establishes these criteria?  Is the "relevant authority" the Ministry of 
Commerce and Industry, or is it another Mini stry that establishes su bstantive criteria for 
acquisition of the licence? 
What are the circumstances for which an applic ation for a licence may be refused, including 
failure to meet the standard criteria?  Pl ease identify "the higher authority". 
Answer: 
The standard criteria are provided in each speci fic regulation which depends on the types of goods. 
Regulations containing standard criteria will be su bmitted to the WTO Secretariat by July 2012.  
The standard criteria applied for non-automatic licen sing are more restrictive than those applied for 
automatic licensing.   The concerned ministry as identified in Mi nisterial Decision No. 0076/MOIC.DIMEX, dated 
13 January 2012 (see WT/ACC/LAO/27) is responsible for establishing the criteria to determine the 
conformity of the application with th e purpose of the non- automatic licence. 
  The application for a licence may also be refused in case of an omission or mistake obviously made 
with fraudulent intent or gross negligence. 
 
Higher authority means the next administrative level of the concerned licensing authority. 
 IV. ELIGIBILITY OF IMPORTERS TO APPLY FOR LICENCE 
 1. Are all persons, firms and institutions eligible to apply for licenses:   (a) under restrictive licensing systems?  WT/ACC/LAO/25/Add.1 
 Page 13 
 
 
    (b) under non-restrictive systems? 
 If not, is there a system of registration of persons or firms permitted to engage in 
importation?   
  Answer: 
All individuals, entities and organizations are eligible to apply for a licence as 
long as they meet the specific requirements. 
Question 16 
Is registration beyond that normally required of importers required to be able to import goods 
subject to non-automatic licensing?  Please id entify each of the requirements to which the 
government refers and where the se requirements are published. 
Answer: 
There is no registration beyond that  normally required of importers re quired to be able to import goods 
subject to non-automatic licensing. 
Specific requirements are provided in each specific regulation varying depending on the types of 
goods.   
Regulations containing specific requirements ha ve been submitted to the WTO Secretariat 
(see WT/ACC/LAO/30).  They will be also publishe d on the Trade Portal of Lao PDR which is 
expected to be launched in June 2012.   
 V. DOCUMENTATION AND OTHER REQUIREMENTS FOR APPLICATION 
FOR LICENCE 
 1. What information is required in appl ications?  Submit a sample form.  What 
documents is the importer required to supply with the application? 
  Answer: 
The application for a licence contains general information regarding the 
applicant (name, address, contact deta ils) and product in question (quantity, 
value, country of origin, point of importation). 
  The following documents have to be a nnexed to the application for a licence: 
- Copy of valid enterprise registration certificate or concession certificate 
(for applicants domiciled in Lao PDR); 
- Copy of valid business registration certificate issued by the competent 
authority of the relevant country (for applicants residing outside of 
Lao PDR); or 
  - Copy of Valid ID card or Passport. 
  Please see the sample application form in Annex 1. WT/ACC/LAO/25/Add.1 
Page 14  
 
  Question 17 
Please clarify whose business has to prove validation?   The importer?  The exporter?  Or both?  
Is the required information for importation included in the customs import declaration/documentation?  If so, why does the licence also require such documentation? 
Answer: 
Please see the response in V.1 (Question 6).  
 2. What documents are required upon actual importation? 
  A n s w e r :  
At the time of actual importation, the import licence must be presented to the 
customs at the port where the entry takes place.  
 3. Is there any licensing fee or administrative charge?  If  so, what is the amount of 
the fee or charge? 
  Answer: 
Please refer to the Presidential Edict No. 03/PO of 19 November 2008 "On Fees 
and Services Charges". 
Question 18 
Please clarify the following found in document WT/ACC/SPEC/LAO/4/Rev.1, page 89, Table 7, 
"Fees on or in Connection with Importation or Exportation:" 
- Biennial registration of imported products:  Does the fee apply to foodstuffs only?  If the 
fee applies to other goods, please identify  them.  Please clarify why Lao PDR requires 
"biennial registration of imported products"? 
- Customs Processing Fee for Import and Expo rt:  Please clarify whether all imports and 
exports are subject to these fees.  If  not, which products are not covered? 
- Please clarify why Lao PDR charges different fees for different kinds of vehicles. - In the column entitled "Customs Processing  Fee for Import and Export," please clarify 
what the government means by "Retail customs declaration form (D44)".  What 
differentiates a "retail" customs declaration from any other customs declaration?  Why does the government believe it is necessary to  require a "retail" customs declaration in 
addition to a "customs declaration"?  
- We note that the "Service charge of cu stoms data management system" is the second 
highest (KN 100,000) on the list of fees char ged on or in connection with importation 
and exportation.  Is this a one-time char ge?  Please describe the data management 
system for which this fee is charged and ex plain why the fee is larger than nearly all 
other fees in Table 7?     
- With regard to "Warehouse fees," please descri be how the fees are charged.  Is there a 
specific tariff that is calculated by weight or  by size?  Please clarify what "depending on 
type of goods" means. Where are the fees for such goods published?  Please clarify how  WT/ACC/LAO/25/Add.1 
 Page 15 
 
 
  the fees are charged "depending on …period of storage?"  Where are these fees 
published?  
Answer: 
- This biennial registration fee applies for f oodstuff only. Such registration is required for 
monitoring purpose by the Ministry of Health. 
 
- These customs procedure fees apply for the impor tation and exportation of any kind of goods. 
 
- The charge depends on the size of the vehicle and the number of wheels, as indicated in Edict 
No. 03/PO of 19 November 2008 "On Fees and Services Charges". 
 
- Detailed customs declaration form D44 is a cu stoms declaration used by travellers who 
exceed their personal allowances and have to pay customs duties on such excess. It replaces 
the normal customs declaration. 
 
- The charge applies for each declaration.  Da ta management system refers to ASYCUDA 
system.  The charge reflects the cost of mainte nance of electronic system used in the customs 
data management and has been calculated by the World Bank's project. 
 - The indication in WT/ACC/SPEC/LAO/4/Rev.1, pa ge 89, Table 7, "Fees on or in Connection 
with Importation or Exportation" is a summary as the list of warehouse fees which is too long 
to be included therein.  Warehouses in Lao PDR are managed by private enterprises. 
 VI. CONDITIONS OF LICENSING 
 1. What is the period of validity of a licence?  Can the validity of a licence be 
extended?  How? 
  Answer: 
An import licence is valid for one ye ar and can be extended not exceeding three 
months. 
Question 19 Chapter II, Article 5, Paragraph 6 of Decree No. 180/PM is unclear as to the process for 
extending a licence.  Please clarify from when the 3-month extension begins.  Is the extension 
available only if the licence hasn't been used or incompletely used?  Can a one year licence be 
extended to one year and three months? 
Answer: 
Please see the response in VI.1 (Question 8). 
 2. Is there any penalty for the non-utilizat ion of a licence or a portion of a licence? 
  A n s w e r :  
  There is no penalty for the non-utilization or a portion of a licence. WT/ACC/LAO/25/Add.1 
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  Question 20 
Please explain Lao PDR's response in light of Chapter II, Article 5, Paragraph 6 of Decree 
No. 180/PM which states that in the event that th e import licence has not been utilized, or fully 
utilized, the "import licensing authority shall terminate the original licence and reissue the new one, but such extensions can only be do ne once and shall not exceed three months". 
Answer: 
Please see the response in VI.2 (Question 9). 
 VII. OTHER PROCED URAL REQUIREMENTS 
 2. Is foreign exchange automatically pr ovided by the banking authorities for goods 
to be imported?  Is a licence required  as a condition to obtaining foreign 
exchange?  Is foreign exchange always available to cover licenses issued?  What 
formalities must be fulfilled for obtaining the foreign exchange? 
  Answer: 
Foreign exchange is provided for goods to be imported as agreed between 
commercial banks and importers. 
Question 21 
What is the government's role in ensuring that  foreign exchange is automatically provided by 
the banking authorities for goods to be imported?  Is foreign exchange always available to cover 
importation of goods for which lice nses have been issued?  If no t, why not?  What formalities 
must be fulfilled to obtain the foreign exchange? 
For an imported good that requires a licence, is there any legal requirement that the licence be 
mandatory as a condition for obtaining foreign exchange? 
Answer: 
Please see the response in VII.2 (Question 10).  
 
 
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