Regulation No. 1226/PMO-STEA on the Quality Inspection of Goods

Lao People’s Democratic Republic Peace Independent Democracy Unity Prosperity Prime Minister’s Office Science Technology and Environment Agency No.1226/PMO-STEA Vientiane Capital, date 17/07/2009 Regulation On the Quality Inspection of Goods  Based on standard law No.13 NA, dated 26 December 2007.  Based on the Prime Minister’s Decree No. 85/PM, date 02 November 1995 on the Management of Products and Goods.  Based on the agreement made at the Prime Minister and deputy Prime Minister’s meeting dated 5/12/2000 and notice of the Prime Minister’s Office No. 2053, dated 13/12/2000 on an approval for notification of national standards and establishment of national committee on the quality inspection of goods.  Based on the requirement of the management for goods quality and the consumers’ rights protection. President of the Science Technology and Environment Agency regulates: Article 1. Purpose This regulation is to determine principles, rules and measures for the inspection of goods quality accordance to promulgated national standards or foreign standards or international standards which Lao PDR recognized or accepted mutual reorganization in order to ensure safety of health, protection of consumers and preservation of environment which are may affected by the goods that failed to standards or technical regulations enforcing in Lao PDR. Article 2. Scope This regulation enters into force to control the goods which are listed as items for controlling, except products and goods under the loan project of the Government of Lao PDR, foreign investment projects shall declare to the National Authority for Science and Technology, but if those goods bring to sale in the market are shall be subjected to this regulation. Article 3. An individual or organization who is conducting the import business (hereafter call importer) shall responsible for its quality of product and goods and shall cooperate with the Government on the quality inspection activities for those product and goods. Article 4. Issuance of quality certificate Importer who has the listed goods for controlling which have been promulgated as national standards or foreign standards shall apply for a certificate on goods quality to the National Authority for Science and Technology or Department of Science and Technology of the provinces, capital city or an authorized organization of the province before issuing an import license from relevant sectors. Article 5. Declaration on quality of imported product and goods Declaration on quality of imported product and goods under the listed goods for controlling (construction materials, fuel, electrical, electronic and other) of an each import shall have a quality certificate or conformity certificate from the exported foreign certification body or inspection body for its quality attached with. Article 6. Quality Inspection Unit Quality inspection unit is a unit established under the advising by the National Authority for Science and Technology or Department of Science and Technology of province or Capital city or authorized organization of the province through the coordination with the National Standards Council and other relevant sectors which have full rights and duties according to the law. Article 7. The Quality Inspection Unit having the following duties: 1. Collaborate with relevant (inspector) to conduct the quality inspection to meeting with the time frame which has been agreed with the Importer. 2. Conduct the inspection effectively and meeting with determined time, upgrade its technicians to ensure certain competent level and having honestly and highly responsibilities which they have assigned for inspection. 3. Instruct Importers on procedures for an application of goods import license and quality inspection of their goods. 4. Keeping and disseminate (if required) information on the quality inspection of type goods. 5. Summary and report to the higher authority on the inspection activities situation as having the following contents:  List of importers which have been inspected and certified the quality of their goods.  Type and quantity of the goods have been inspected.  Accounting and cost (value) of the goods have been inspected  Complaints of the Importers and consumers.  Propose the measures for solution and other proposes. Article 8. The Quality Inspection Unit having the following rights: 1. Inspect the quality of goods as determined in the listed goods for controlling (construction materials and electrical and electronic). 2. Collect samples of goods to test, if necessary. 3. Coordinate with relevant sectors for inspecting, order a temporary stoppage of import goods if found that are not conform to national standards and foreign standards. Article 9. Quality certification documents and location inspection: Each declaration of import goods shall have a quality certificate or conformity certificate from the foreign standards body in which those may re-inspect at the border checking point or at the warehouse. Article 10. Holding the inspector card for quality inspection Quality inspection unit each time conducting the inspection shall be Holden inspection card authorized by the National Authority for Science and Technology or Department of Science and Technology of the Province/capital city or assigned organization. Article 11. Declaration of quality inspection Importer who has the goods which are listed as items for controlling and have been promulgated as national standards or foreign standards subject to be inspected shall be declared to the National Authority for Science and Technology or Department of Science and Technology of the Province/capital city or assigned organization. Article 12. Agreement on conducting of quality inspection Importer, each time declaring a license on import goods shall be agreed with the National Authority for Science and Technology or Department of Science and Technology of the Province/capital city or assigned organization about its each import location to be inspected Article 13. Use of quality certificate of goods A quality inspection certificate of goods is effective use for only in case that the quality of goods are not changing from original conditions by transportation, storage and a certificate is valid for one year and use for one time import only. Article14. Official fee and service fee Importer who has received the quality certificate shall pay service fee and official fee to the National Authority for Science and Technology or Department of Science and Technology of the Province/capital or assigned organization and testing laboratory as the following: 1. Application form 5,000 kip 2. A quality certificate 30,000 kip 3. Cost for each quality testing of the goods refers to actual testing cost of the relevant laboratory. 4. Service fee for the quality inspection of each imported goods 600,000 kip. Article15. Prohibition Prohibit import goods which are listed as items for controlling and have been promulgated as national standards or foreign standards without permission from the National Authority for Science and Technology or Department of Science and Technology of the Province/capital or assigned organization. Article16. Prohibition for the officials (inspector) responsible for the quality inspection activities of goods Prohibit Officials responsible for the inspection activities on goods quality have the exercise are following: 1. Absence of responsibilities and duties; 2. Making unfair in the work performance or to the any person or organization; 3. Received bride, utilize position, duties, power to make benefits for an individual, family and its relatives; 4. Having other action in line with prohibition prescribed in the law. Article17. Individual who have made achievement in the implementation of this regulation and have effectively worked for the inspection activities on goods quality or who have made achievement, discovered violations on the regulations on quality inspection will be entitled to awards and receive bonuses in accordance to the determination of the National Authority for Science Technology or other relevant Government Management Body. Article18. Importer who has the goods under the listed for controlling which have been promulgated as the national standards violating this regulation or avoid on quality inspection shall be warned and fined: 1st: shall be fined 10% of the cost imported goods ( lot). 2nd: shall be fined 20% of the cost imported goods (lot). 3rd: coordinate with relevant sectors, order stoppage the business operation and subject to the law. Article19. Measures on the administrative disciplinary The Officials and Inspectors violated on the inspection and prohibitation of the goods quality in case (slight) violent and is not the criminal violent in which the damaged cost less than five hundred thousand kip but the violent did not have intentionally report, hinder violent shall be measured accordance to the case as the following: 1. Educated, warned accordance to the Regulation on the Government Officials and recorded in its personnel document; 2. Terminated position or changed the assignment to other work lower than the old position; 3. Terminate from the Government Official without receiving any wealth faire; A person who have measured on disciplinary shall return all its properties related to violent to the (relevant) organization. Article 20. The Science Technology and Environment Agency is assigned to Department of Intellectual Property, Standardization and Metrology to drastically implement this regulation. Article 21. This regulation enters into force after 30 days from the date of its signature and other any regulations which are contrary to this regulation shall be cancelled. Minister to the Prime Minister’s Office President of National Authority for Science and Technology