WORLD TRADEORGANIZATION |
RESTRICTEDWT/ACC/LAO/45/Add.2 1 October 2012 (12-5329) |
Working Party on the
Accession of Lao PDR
REPORT OF THE WORKING PARTY
ON THE ACCESSION OF LAO PDR
Schedule of Specific Commitments on Services List of Article II MFN Exemptions
As indicated in paragraph 249 of the Report of the Working Party on the Accession of Lao PDR (WT/ACC/LAO/45), the Schedule of Specific Commitments on Services resulting from the negotiations between Lao PDR and WTO Members is annexed to the Protocol on the Accession of the Lao People's Democratic Republic and is reproduced hereunder.
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons |
|||
Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments |
I. HORIZONTAL COMMITMENTS (APPLICABLE TO ALL SECTORS INCLUDED IN THIS SCHEDULE) |
|||
Land ownership |
|
(3), (4) Non-Lao PDR natural and juridical persons are not allowed to own land but may own premises and lease land up to 75 years. |
|
Subsidies and investment incentives |
|
(1), (2), (3), (4) Unbound with respect to subsidies, investment incentives and other state support measures, eligibility for which may be limited to particular regions, categories of persons, or enterprises. |
|
Commercial presence |
(3) To establish a commercial presence, a services provider must be incorporated in specific legal form in accordance with laws and regulations of Lao PDR. |
(3) Foreign investors shall provide adequate training opportunities to Lao PDR nationals.
(3) Tax measures, generally pertaining to small and medium enterprises may result in a difference of treatment in favour of Lao PDR services and service suppliers. |
|
Movement of natural persons providing services |
(4) Unbound, except for measures affecting the temporary entry and stay of natural persons who qualify under one of the following categories, and in all cases, the total number of foreign natural persons in the following categories shall not exceed 20% of the total staff:
A. Business visitors: Natural persons who:
services supplier for the purpose of negotiating for the sale of the services of that supplier;
|
(4) Unbound, except for measures concerning the categories of natural persons referred to in the market access column. Unbound for all measures relating to social insurance schemes including inter alia unemployment and pension benefits. |
|
Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments |
|
services.
The temporary stay of business visitors is subject to a maximum duration of stay of 90 days.
B. Intra-Corporate Transferees: Natural persons who have been employed by a juridical person of another Member outside Lao PDR for a period of not less than 1 year immediately preceding the request for transfer to Lao PDR, who seek temporary entry to provide services through commercial establishment of that juridical person in Lao PDR, who cannot be substituted by Lao PDR nationals, and who fall within one of the following categories:
|
|
|
Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments |
|
managerial employees; have the authority to hire and fire or recommend hiring, firing or other personnel actions; and exercise discretionary authority over day-to- day operations. They do not include first-line supervisors, unless the employees supervised are professionals1, nor do they include employees who primarily perform tasks necessary for the supply of the service. (c) Specialists: Natural persons within an organization who possess knowledge at an advanced level of continued expertise and who possess proprietary knowledge of the organization's services, research equipment, techniques, or management and where there are shortages of Lao PDR nationals with requisite skills.
For the natural persons in the categories defined under intra-corporate transferees, temporary residency and work permit will be issued for 1 year which may be renewed every 6 months for up to 3 years as long as conditions indicated for each category are satisfied. |
|
|
1 Natural persons with professional qualifications for performing work within the scope of a particular profession, where these are required by the laws and regulations of Lao PDR.
Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments |
||
II. SECTOR-SPECIFIC COMMITMENTS |
|||||
1. BUSINESS SERVICES |
|||||
A. Professional Services |
|||||
(a) Legal services, excluding: - Participation in legal proceedings in the capacity of defenders or representatives of their clients before the courts of Lao PDR; - Legal documentation and certification services of the laws of Lao PDR (part of CPC 861) |
(1) (2) (3)
(4) |
None. None. Foreign equity participation limited to 49%. Unbound, except as indicated in the horizontal section. |
(1) (2) (3)
(4) |
None. None. Unbound.
Unbound, except as indicated in the horizontal section. |
|
(b) Accounting, auditing and |
(1) |
None. |
(1) |
None. |
|
bookkeeping services |
(2) |
None. |
(2) |
None. |
|
(CPC 862) |
(3) |
Unbound for 7 years after the date of |
(3) |
The majority of directors must be |
|
|
accession. Thereafter, a joint |
|
certified accountants who are Lao |
||
|
venture with a Lao PDR national |
|
nationals. |
||
|
accountant who is a full member of |
|
|
||
|
the Lao Institute of Certified Public |
|
|
||
|
Accountants (LICPA) is required2. |
|
|
||
(4) |
Unbound. |
(4) |
Unbound. |
||
(c) Taxation consulting services |
(1) |
None. |
(1) |
None. |
|
(part of CPC 863) |
(2) |
None. |
(2) |
None. |
|
(3) |
None. |
(3) |
None. |
||
(4) |
Unbound, except as indicated in the |
(4) |
Unbound, except as indicated in the |
||
horizontal section. |
horizontal section. |
phase in.
2 For all phased in commitments in this schedule, it is understood that limitations indicated in sectoral headnotes and/or the horizontal commitments section will apply at
Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments |
||
(d) Architectural services |
(1) |
None. |
(1) |
The service must be authenticated by |
|
(CPC 8671) |
|
|
|
an architect or engineer who has |
|
(e) Engineering services |
|
|
|
appropriate practicing certificate |
|
(CPC 8672) |
|
|
|
working in a juridical entity |
|
(f) Integrated engineering services |
|
|
|
established in Lao PDR. |
|
(CPC 8673) |
(2) |
None. |
(2) |
The service must be authenticated by |
|
(g) Urban planning and landscape |
|
|
|
an architect or engineer who has |
|
architectural services |
|
|
|
appropriate practicing certificate |
|
(CPC 8674) |
|
|
|
working in a juridical entity |
|
|
|
|
established in Lao PDR. |
||
(3) |
For 5 years after accession, foreign |
(3) |
None. |
||
|
equity participation limited to 51%. |
|
|
||
|
Thereafter: none. |
|
|
||
(4) |
Unbound, except as indicated in the |
(4) |
Unbound, except as indicated in the |
||
horizontal section. |
horizontal section. |
||||
B. Computer and Related Services |
|||||
Computer and Related Services |
(1) |
None. |
(1) |
None. |
|
(CPC 84) |
(2) |
None. |
(2) |
None. |
|
(3) |
None. |
(3) |
None. |
||
(4) |
Unbound, except as indicated in the |
(4) |
Unbound, except as indicated in the |
||
horizontal section. |
horizontal section. |
||||
C. Research and Development |
|||||
(a) R&D services on natural sciences |
(1) |
None. |
(1) |
None. |
|
(CPC 851) |
(2) |
None. |
(2) |
None. |
|
(3) |
Foreign equity participation limited |
(3) |
None. |
||
|
to 51%. |
|
|
||
(4) |
Unbound, except as indicated in the |
(4) |
Unbound, except as indicated in the |
||
horizontal section. |
horizontal section. |
||||
F. Other Business Services |
|||||
(a) Advertising services: |
(1) |
None. |
(1) |
None. |
|
- Planning, creating and placement |
(2) |
None. |
(2) |
None. |
|
services of advertising |
(3) |
Foreign equity participation limited |
(3) |
Unbound. |
|
(CPC 87120) |
|
to 49%. |
|
|
|
(4) |
Unbound, except as indicated in the |
(4) |
Unbound, except as indicated in the |
||
horizontal section. |
horizontal section. |
||||
(b) Market research services |
(1) |
None. |
(1) |
None. |
|
(CPC 86401) |
(2) |
None. |
(2) |
None. |
|
(3) |
None. |
(3) |
None. |
||
(4) |
Unbound, except as indicated in the |
(4) |
Unbound, except as indicated in the |
||
horizontal section. |
horizontal section. |
Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments |
||
(c) Management consulting services |
(1) |
None. |
(1) |
None. |
|
(CPC 865) |
(2) |
None. |
(2) |
None. |
|
(3) |
For 3 years after accession, foreign |
(3) |
None. |
||
|
equity participation limited to 51%. |
|
|
||
|
Thereafter: None. |
|
|
||
(4) |
Unbound, except as indicated in the |
(4) |
Unbound, except as indicated in the |
||
horizontal section. |
horizontal section. |
||||
(e) Technical testing and analysis |
(1) |
None. |
(1) |
None. |
|
services |
(2) |
None. |
(2) |
None. |
|
(CPC 8676) |
(3) |
Foreign equity participation limited |
(3) |
The majority of directors must be |
|
|
to 51%. After 5 years from the date |
|
engineers who are Lao PDR |
||
|
of accession, foreign equity |
|
nationals. |
||
|
participation limited to 70%. |
|
|
||
(4) |
Unbound, except as indicated in the |
(4) |
Unbound, except as indicated in the |
||
horizontal section. |
horizontal section. |
||||
(h) Services incidental to mining |
(1) |
Unbound3. |
(1) |
Unbound4. |
|
(CPC 5115) |
(2) |
None. |
(2) |
None. |
|
(3) |
Foreign equity participation limited |
(3) |
The majority of directors must be |
||
|
to 51%. After 5 years from the date |
|
engineers who are Lao PDR |
||
|
of accession, foreign equity |
|
nationals. |
||
|
participation limited to 70%. |
|
|
||
(4) |
Unbound, except as indicated in the |
(4) |
Unbound, except as indicated in the |
||
horizontal section. |
horizontal section. |
||||
(m) Related scientific and technical |
(1) |
None. |
(1) |
None. |
|
consulting services |
(2) |
None. |
(2) |
None. |
|
(CPC 86751 and 86752 only) |
(3) |
Foreign equity participation limited |
(3) |
The majority of directors must be |
|
|
to 51%. After 5 years from the date |
|
engineers who are Lao PDR |
||
|
of accession, foreign equity |
|
nationals. |
||
|
participation limited to 70%. |
|
|
||
(4) |
Unbound, except as indicated in the |
(4) |
Unbound, except as indicated in the |
||
horizontal section. |
horizontal section. |
||||
(n) Maintenance and repair of |
(1) |
None. |
(1) |
None. |
|
equipment (not including maritime |
(2) |
None. |
(2) |
None. |
|
vessels, aircraft or other transport |
(3) |
Foreign equity participation limited |
(3) |
None. |
|
equipment): |
|
to 51%. |
|
|
|
- Repair of energy equipment |
(4) |
Unbound, except as indicated in the |
(4) |
Unbound, except as indicated in the |
|
(part of CPC 88620) |
horizontal section. |
horizontal section. |
Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments |
||
(t) Specialty design services |
(1) |
None. |
(1) |
None. |
|
(CPC 87907) |
(2) |
None. |
(2) |
None. |
|
(3) |
For 5 years after accession, foreign |
(3) |
None. |
||
|
equity participation limited to 49%. |
|
|
||
|
Thereafter: foreign equity |
|
|
||
|
participation limited to 51%. |
|
|
||
(4) |
Unbound, except as indicated in the |
(4) |
Unbound, except as indicated in the |
||
horizontal section. |
horizontal section. |
||||
2. COMMUNICATION SERVICES |
|||||
B. Courier services |
|||||
Courier services (CPC 7512) consisting of express delivery services5, except for the following services:
delivery of domestic and cross- border addressed mail to Post Office (PO) boxes in the following categories:
up to 20 kg;
|
(1) (2) (3) (4) |
None. None. None. Unbound, except as indicated in the horizontal section. |
(1) (2) (3) (4) |
None. None. None. Unbound, except as indicated in the horizontal section. |
|
Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments |
C. Telecommunication services Commitments are taken consistent with "Notes for Scheduling Basic Telecom Services Commitments" (S/GBT/W/2/Rev.1) and "Market Access Limitations on Spectrum Availability" (S/GBT/W/3). |
|||
The following services (a-o) can be supplied only on a facilities basis, and for public use services:
Basic telecommunication services
(CPC 7523**)
(CPC 7523**)
(o) Other: - Terrestrial-based mobile phone services |
5 years after the date of accession. Thereafter, commercial presence for new investments will be allowed with foreign equity participation limited to 60%.
|
|
Lao PDR undertakes the obligations in the Reference Paper attached hereto within 2 years of accession. |
** The (**) indicates that the service specified constitutes only a part of the total range of activities covered by the CPC concordance (e.g. voice mail is only a component of CPC item 7523).
Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments |
||
Value-added telecommunication services |
(1) |
None. |
(1) |
None. |
|
(h) Electronic-mail |
|||||
(CPC 7523**) |
(2) |
None. |
(2) |
None. |
|
(i) Voice mail |
(3) |
None. |
(3) |
None. |
|
(CPC 7523**) |
(4) |
Unbound, except as indicated in the |
(4) |
Unbound, except as indicated in the |
|
(j) Online information and data base |
horizontal section. |
horizontal section. |
|||
retrieval |
|||||
(CPC 7523**) |
|||||
(k) Electronic data interchange (EDI) |
|||||
(CPC 7523**) |
|||||
(l) Enhanced/value-added facsimile |
|||||
services, including store and |
|||||
forward, store and retrieve |
|||||
(CPC 7523**) |
|||||
(m) Code and protocol conversion |
|||||
(n) On-line information and/or data |
|||||
processing (including transaction |
|||||
processing) |
|||||
(CPC 843**) |
Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments |
3. CONSTRUCTION AND RELATED ENGINEERING SERVICES |
|||
buildings (CPC 512)
(CPC 513)
(CPC 517)
(CPC 511+515+518) |
|
|
|
4. DISTRIBUTION SERVICES The distribution of goods under the Controlled List of the Ministry of Industry of Commerce - arms, ammunition, explosives and explosive substances, highly toxic chemicals, narcotics, cultural items, books, newspapers and magazines, precious metals and stones, medicines and medical equipment, endangered species, gambling machines, money printing machines, processed oil and crude oil, alcohols, tobacco products, rice - is excluded from commitments. |
|||
B. Wholesale trade services (part of CPC 61111, 6113, 6121) |
|
|
|
C. Retailing services (part of CPC 61112, 6113, 6121) |
|
|
|
Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments |
||
D. Franchising |
(1) |
None. |
(1) |
None. |
|
(part of CPC 8929)8 |
(2) |
None. |
(2) |
None. |
|
(3) |
Unbound for 7 years after the date of |
(3) |
Unbound. |
||
|
accession. Thereafter, foreign equity |
|
|
||
|
participation limited to 49%. Subject |
|
|
||
|
to meeting economic need tests9. |
|
|
||
(4) |
Unbound, except for executives and |
(4) |
Unbound, except for executives and |
||
managers as per conditions in the |
managers as per conditions in the |
||||
horizontal section. |
horizontal section. |
||||
5.PRIVATE EDUCATIONAL SERVICES The education curriculum and contents must be approved by the Ministry of Education of Lao PDR. With respect to C and D below, the commitments cover only technical, natural sciences and technology, business administration and business studies, economics, accounting, international law and language training fields. The scope of private education services concerns only fully-privately funded services.
|
|||||
A. Primary education services |
(1) |
Unbound. |
(1) |
Unbound. |
|
(part of CPC 921) |
(2) |
None. |
(2) |
None. |
|
B. Secondary education services |
(3) |
Foreign equity participation limited |
(3) |
Directors must be qualified teachers |
|
(part of CPC 922) |
|
to 51%. |
|
who are Lao PDR nationals. |
|
(4) |
Unbound, except as indicated in the |
(4) |
Unbound, except as indicated in the |
||
horizontal section. |
horizontal section. |
||||
C. Higher education services |
(1) |
None. |
(1) |
None. |
|
(part of CPC 923) |
(2) |
None. |
(2) |
None. |
|
D. Adult education |
(3) |
Foreign equity participation limited |
(3) |
Directors must be qualified teachers |
|
(part of CPC 924) |
|
to 51%. |
|
who are Lao PDR nationals. |
|
E. Other education services: |
(4) |
Unbound, except as indicated in the |
(4) |
Unbound, except as indicated in the |
|
- Short term foreign language training |
horizontal section. |
horizontal section. |
|||
only |
|||||
(part of CPC 929) |
Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments |
|||
6. ENVIRONMENTAL SERVICES10 Services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators. |
||||||
A. Wastewater management |
(1) |
Unbound, except related consulting |
(1) |
Unbound, except related consulting |
|
|
(part of CPC 9401) |
|
services. |
|
services. |
||
B. Waste management |
(2) |
None. |
(2) |
None. |
||
(part of CPC 9402 and 9403) |
(3) |
None. |
(3) |
None. |
||
C. Protection of ambient air and climate |
(4) |
Unbound, except as indicated in the |
(4) |
Unbound, except as indicated in the |
||
(part of CPC 9404) |
horizontal section. |
horizontal section. |
||||
D. Remediation and cleanup of soil and |
||||||
water |
||||||
(part of CPC 9406) |
||||||
E. Noise and vibration abatement |
||||||
(part of CPC 9405) |
||||||
7. FINANCIAL SERVICES Access by foreign services suppliers and the provision of new financial services within the scope of the commitments below and that have not yet been provided by the private sector in Lao PDR at the date of accession, may be subject to measures adopted for prudential reasons. Direct branching is not allowed. Financial institutions in Lao PDR must adopt a specific legal form. All the commitments are subject to entry requirements, domestic laws, rules and regulations and the terms and conditions of the Bank of Lao PDR, the Ministry of Finance and/or any other competent authority in Lao PDR, as the case may be, which are consistent with Article VI of the GATS and paragraph 2 of the Annex on Financial Services and do not impair the commitments undertaken herewith. |
||||||
A. All insurance and insurance-related services Insurance companies are restricted from offering both Life and Non-life insurance services. Excluded from the scope of these commitments are compulsory insurance, including but not limited to motor vehicle insurance, collective accident insurance for workers, depositors' protection fund and social security fund. |
||||||
(i) |
Direct insurance |
(1) |
Unbound. |
(1) |
Unbound. |
|
(A) Life insurance |
(2) |
Unbound. |
(2) |
Unbound. |
||
(3) |
Unbound for 5 years after the date of |
(3) |
None. |
|||
|
accession. Thereafter, foreign equity |
|
|
|||
|
participation limited to 51%. |
|
|
|||
(4) |
Unbound, except for executives and |
(4) |
Unbound, except for executives and |
|||
managers as per conditions in the |
managers as per conditions in the |
|||||
horizontal section. |
horizontal section. |
Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments |
(B) Non-life insurance |
services in international transportation, including of risks relating to:
|
services in international transportation, including of risks relating to:
|
|
(ii) Reinsurance and retrocession |
|
|
|
Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments |
(iv) Services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services. |
|
|
|
B. Banking and other financial services (excluding insurance) Commitment is with respect to commercial banking only and limited to financial institutions licensed to provide banking services. Foreign juridical person must incorporate as either a joint stock or limited liability company, but may not incorporate as a sole ownership limited liability company. |
|||
repayable funds from the public
inter alia, consumer credit, mortgage credit, factoring and financing of commercial transactions
|
accession. Thereafter, unbound except for:
data processing and related software by suppliers of other financial services; and
data processing and related software by suppliers of other financial services; and
other auxiliary financial services on all the activities listed in subparagraphs (v) through (xv), including credit reference and |
of accession. Thereafter, unbound except for:
data processing and related software by suppliers of other financial services; and
data processing and related software by suppliers of other financial services; and
other auxiliary financial services on all the activities listed in subparagraphs (v) through (xv), including credit reference and |
|
Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments |
bullion.
|
analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy.
For (xv) to (xvi): Unbound for 7 years after the date of accession. Thereafter, foreign equity participation limited to 51%.
|
analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy.
For (xv) to (xvi): The admission to the market of new financial services may be subject to the existence of, and consistency with, related laws and regulations.
|
|
8. PRIVATE HEALTH RELATED AND SOCIAL SERVICES (Other than those listed under II.1.A.h-j.) The scope of private health related and social services concerns only fully-privately funded services. |
|||
A. Private hospital services (Modern hospital with more than 100 beds in big cities only) (part of CPC 93110) |
|
|
|
9. TOURISM AND TRAVEL RELATED SERVICES |
|||
A. Hotels and restaurants (including catering) (part of CPC 641 (excluding guesthouses11 and 6419), CPC 642, and CPC 643) |
|
|
|
lower".
Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments |
||
B. Travel agencies and tour operators |
(1) |
None. |
(1) |
None. |
|
services |
(2) |
None. |
(2) |
None. |
|
(CPC 7471) |
(3) |
Foreign equity participation limited |
(3) |
Foreign service supplying |
|
|
to 70%. |
|
enterprises can only do inbound |
||
|
|
|
services. |
||
(4) |
Unbound, except for executives and |
(4) |
Unbound, except for executives and |
||
managers as per conditions in the |
managers as per conditions in the |
||||
horizontal section. |
horizontal section. |
||||
D. Other: |
(1) |
None. |
(1) |
None. |
|
- Tourism consultancy services |
(2) |
None. |
(2) |
None. |
|
(3) |
None. |
(3) |
None. |
||
(4) |
Unbound, except for executives and |
(4) |
Unbound, except for executives and |
||
managers as per conditions in the |
managers as per conditions in the |
||||
horizontal section. |
horizontal section. |
||||
11. TRANSPORT SERVICES |
|||||
C. Air Transport Services |
|||||
(d) Maintenance and repair of aircraft |
(1) |
None. |
(1) |
None. |
|
(part of CPC 8868) |
(2) |
None. |
(2) |
None. |
|
(3) |
Foreign equity participation limited |
(3) |
None. |
||
|
to 51%. |
|
|
||
(4) |
Unbound, except as indicated in the |
(4) |
Unbound, except as indicated in the |
||
horizontal section. |
horizontal section. |
||||
- Selling and marketing of air |
(1) |
None. |
(1) |
None. |
|
transport services |
(2) |
None. |
(2) |
None. |
|
- Computer reservation system (CRS) |
(3) |
None. |
(3) |
None. |
|
services |
(4) |
Unbound, except as indicated in the |
(4) |
Unbound, except as indicated in the |
|
horizontal section. |
horizontal section. |
REFERENCE PAPER
I. SCOPE
The following are definitions and principles on the regulatory framework for the basic telecommunications services.
Definitions
Users mean service consumers and service suppliers.
Essential facilities mean facilities of a public telecommunications transport network or service that:
A major supplier is a supplier which has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for basic telecommunications services as a result of:
1.1 Prevention of anti-competitive practices in telecommunications
Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone or together, are a major supplier from engaging in or continuing anti-competitive practices.
1.2 Safeguards
The anti-competitive practices referred to above shall include in particular:
2.1 This section applies to linking with suppliers providing public telecommunications transport networks or services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier, where specific commitments are undertaken.
2.2 Interconnection to be ensured
Interconnection with a major supplier will be ensured at any technically feasible point in the network. Such interconnection is provided:
2.3 Public availability of the procedures for interconnection negotiations
The procedures applicable for interconnection to a major supplier will be made publicly available.
2.4 Transparency of interconnection arrangements
It is ensured that a major supplier will make publicly available either its interconnection agreements or a reference interconnection offer.
2.5 Interconnection: dispute settlement
A service supplier requesting interconnection with a major supplier will have recourse, either:
paragraph 5 below, to resolve disputes regarding appropriate terms, conditions and rates for interconnection within a reasonable period of time, to the extent that these have not been established previously.
Any Member has the right to define the kind of universal service obligation it wishes to maintain. Such obligations will not be regarded as anti-competitive per se, provided they are administered in a transparent, non-discriminatory and competitively neutral manner and are not more burdensome than necessary for the kind of universal service defined by the Member.
Where a licence is required, the following will be made publicly available:
The reasons for the denial of a licence will be made known to the applicant upon request.
The regulatory body is separate from, and not accountable to, any supplier of basic telecommunications services. The decisions of and the procedures used by regulators shall be impartial with respect to all market participants.
Any procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, will be carried out in an objective, timely, transparent and non-discriminatory manner. The current state of allocated frequency bands will be made publicly available, but detailed identification of frequencies allocated for specific government uses is not required.
Sector or sub-sector |
Description of the measure indicating its inconsistency with Article II |
Country or countries to which the measures applies |
Intended duration |
Conditions creating the need for the exemption |
Audiovisual services: - Production and distribution of television programmes and cinematographic works |
Measures based upon coproduction agreements of audiovisual works, which confer National Treatment to audiovisual works covered by such agreements. |
Countries with which such bilateral or plurilateral agreements are in force, now or in the future. |
Indefinite |
The aim of these agreements is to promote cultural links between the countries concerned. |
Audiovisual Services: - Production and distribution of television programmes and cinematographic works |
Measures granting the benefit of support programmes to audiovisual works, and suppliers of such works meeting origin criteria. |
Countries with which bilateral and plurilateral agreements are in force, now or in the future, in the area of cultural cooperation. |
Indefinite |
These programmes aim at preserving and promoting the cultural identity of countries with which Lao PDR has a long-standing cultural links. |
Audiovisual Services: - Production and distribution of audiovisual works through broadcasting transmission to the public |
Measures which extend National Treatment to audiovisual works which meet certain origin criteria regarding access to broadcasting transmission. |
Countries with which bilateral or plurilateral agreements are in force, now or in the future, in the area of cultural cooperation. |
Indefinite |
These measures aim, within the sector, to promote cultural values both within Lao PDR, and with other countries, including in the region. |
Internal Waterways and land transport |
Preferential treatment for transportation cooperation within Mekong river basin. |
Parties to the Greater Mekong Subregion agreement. |
Indefinite |
To facilitate tourism and trade, including freight and passenger transportation between countries in the subregion. |
All sectors |
Measures extending preferential treatment to services and services suppliers under bilateral investment and trade agreements. |
Parties to bilateral agreements with Lao PDR that entered into force before the date of accession. |
Duration of bilateral agreements |
The aim is to promote investment and foster development in Lao PDR. |
Sector or Subsector |
Limitation on Market Access |
Limitation on National Treatment |
Additional Commitments |
I. HORIZONTAL COMMITMENTS |
|||
|
|
|
|
For all categories of business visitors and intra- corporate transferees listed in this Schedule: Unless otherwise specified in the Sectoral Section below, these horizontal commitments apply to all sectors listed in Laos’ Schedule of Commitments, including the Financial and Air Transport Schedules under AFAS, up to the latest packages |
In all cases:
establishment shall not exceed 10% of the total staff;
(Using intellectual labor) of any establishment shall not exceed 20% of the total staff;
number of skilled labor more than the regulation allows, as mentioned-above, one should seek for specific consideration/ approval from the government.
A. Business Visitors a natural person seeking to enter or stay in the territory of Lao P.D.R. temporarily, whose remuneration and financial support for the duration of the visit is derived from outside of Lao P.D.R; (i) as a representative of a |
In accordance with applicable domestic laws and regulations and unilateral and multilateral agreements which Lao P.D.R is a signatory of.
Foreign skilled workers
and Decree on Immigration- Migration Management
other financial obligations and other competent regulations on other non-financial requirements. |
|
Sector or Subsector |
Limitation on Market Access |
Limitation on National Treatment |
Additional Commitments |
|
goods seller/service supplier, for the purpose of negotiating the sale of goods or supply of services or entering into agreements to sell goods or supply services for that goods seller/service supplier, where such negotiations do not involve direct sale of goods or supply of services to the general public;
B. below only, for the purpose of establishing an investment or setting up a commercial presence, for the juridical person in the territory of another Member State;
Such natural persons enter into the Lao P.D.R for the mentioned- above purposes will be granted maximum thirty days of duration of stay, and renewable twice, each time not more than thirty days
B. Intra-Corporate Transferee Natural persons who have been employed by a juridical person of another Party outside the Lao PDR for a period of not less than |
|
|
Sector or Subsector |
Limitation on Market Access |
Limitation on National Treatment |
Additional Commitments |
|
one year immediately preceding the request for transfer to the Lao PDR, who seek temporary entry to provide services through commercial establishment of that juridical person in the Lao PDR, who cannot be substituted by Lao nationals, and who fall within one of the following categories:
|
|
|
Sector or Subsector |
Limitation on Market Access |
Limitation on National Treatment |
Additional Commitments |
|
managerial employees; have the authority to hire and fire or recommend hiring, firming or other personnel actions; and exercise discretionary authority over day- to-day operations. They do not include first-line supervisors, unless the employees supervised are professionals, nor do they include employees who primarily perform tasks necessary for the supply of the service.
c) Specialists: Natural persons within an organization who possess knowledge at an advanced level of continued expertise and who possess proprietary knowledge of the organization’s services, research equipment , techniques, or management and where there are shortages of Lao nationals with requisite skills.
For the natural persons in the categories defined under intra- corporate transferees for the purpose of temporary entry and stay, shall obtain Visa, Stay Permit (ID) and Working Permit (WP) from competent authorities.
Natural persons will be issued, as long as conditions indicated for |
|
|
Sector or Subsector |
Limitation on Market Access |
Limitation on National Treatment |
Additional Commitments |
|
each category are satisfied:
|
|
|
Sector or Subsector |
Limitation on Market Access |
Limitation on National Treatment |
Additional Commitments |
II. SECTOR SPECIFIC COMMITMENTS |
|||
BUSINESS SERVICES |
|||
A. Professional Services |
|||
Accounting, auditing and bookkeeping services (CPC 862) |
|
As specified in the horizontal section |
|
Taxation consulting services (Part of CPC 863) |
Unbound, except as indicated in horizontal section |
Unbound, except as indicated in horizontal section |
|
Architectural services (CPC 8671) |
As specified in the horizontal section |
As specified in the horizontal section |
|
Engineering services (CPC 8672) |
Unbound, except as indicated in the horizontal section |
Unbound, except as indicated in the horizontal section |
|
Integrated engineering services (CPC 8673)
|
As specified in the horizontal section |
As specified in the horizontal section |
|
Sector or Subsector |
Limitation on Market Access |
Limitation on National Treatment |
Additional Commitments |
Urban Planning and Landscape architectural services (CPC 86741+86742)
|
Unbound, except as indicated in the horizontal section |
Unbound, except as indicated in the horizontal section |
|
Medical and dental services
|
Unbound, except indicated in horizontal section and based on the specific project cooperation agreements |
Unbound, except as indicated in the horizontal section |
|
B. Computer and Related Services |
|||
Consultancy services related to the installation of computer hardware (CPC 841) |
As specified in the horizontal section |
Same as mentioned in Market Access and in Law on Taxation |
|
Software implementation services (CPC 842) |
|||
Data base services (CPC 844) |
|||
Data processing services, excluded sensitive data and for non-commercial purpose (CPC 843) |
Unbound, except as indicated in the horizontal section |
Unbound, except as indicated in the horizontal section |
|
Other: Maintenance and repair services of computer (Part of CPC 84500) |
Sector or Subsector |
Limitation on Market Access |
Limitation on National Treatment |
Additional Commitments |
C. Research and Development Services |
|||
R&D services on natural sciences (CPC 851) |
Unbound, except as indicated in the horizontal section |
Unbound, except as indicated in the horizontal section |
|
R&D services on social sciences and humanities (CPC 852) - Research and experimental development services (CPC 852) |
|||
Interdisciplinary R&D services (CPC 853) |
|||
E. Rental / Leasing Services without Operator |
|||
Rental/Leasing Services relating to ships (CPC 83103) |
As indicated in the Horizontal Section |
As indicated in the Horizontal Section |
|
Relating to other machinery and equipment (CPC 83106-83109) |
|||
F. Other Business Services |
|||
Advertising services (CPC 871) Contents shall be approved by the Ministry of Information and Culture of Lao PDR |
Unbound, except as indicated in the horizontal measures |
Unbound, except as indicated in the horizontal measures |
|
Sector or Subsector |
Limitation on Market Access |
Limitation on National Treatment |
Additional Commitments |
Market research and public opinion polling services (CPC 864) ( Marketing research services CPC 86401) |
Unbound, except as indicated in the horizontal section |
Unbound, except as indicated in the horizontal section |
|
Management consulting services (CPC 865)
|
|||
Technical testing and analysis services(CPC 8676) CPC 86761: Testing and analysis services of the chemical and biological properties of materials such as air, water, waste (municipal and industrial) |
|||
Related scientific and technical consulting services
|
|||
Maintenance and repair of equipment (not including maritime vessels, aircraft or other transport equipment) (CPC 633+8861-8866) |
|||
Building-cleaning services (CPC 874) |
|||
Photographic services (CPC 875) |
|||
Packaging services (CPC 876) |
|||
Printing, publishing (CPC 88442) |
Sector or Subsector |
Limitation on Market Access |
Limitation on National Treatment |
Additional Commitments |
COMMUNICATION SERVICES |
|||
A. Postal services (CPC 7511) |
Unbound |
Unbound |
|
B. Courier services (CPC 7512) Multi-modal courier services (CPC 75121) |
As specified in the horizontal section |
As specified in the horizontal section |
|
C. Telecommunication services The following services can be supplied only on a facilities basis, for public use, with regard to local and national long-distance services. |
|||
Voice telephone services (CPC 7521) |
This has to be in consistence with the labour law and law on promotion and management of foreign investment |
As specified in the horizontal section |
|
Packet-switched data transmission services (CPC 7523**) (Electronic message and information services (CPC 75232)) |
Unbound, except as indicated in the horizontal section |
Unbound, except as indicated in the horizontal section |
|
Circuit-switched data transmission services (CPC 7523**) Data and message transmission services (CPC 7523)) |
|||
Telex services (CPC 7523**) |
Sector or Subsector |
Limitation on Market Access |
Limitation on National Treatment |
Additional Commitments |
Telegraph services (CPC 7522) |
Unbound, except as indicated in the horizontal section |
Unbound, except as indicated in the horizontal section |
|
Fascimile services (CPC7521**+7529**) |
|||
Private leased circuit services (CPC 7522**+7523**) |
|||
Electronic mail (CPC 7523**) |
|||
Voice mail (CPC 7523**) |
|||
On-line information and data base retrieval (CPC 7523**) |
|||
Electronic data interchange (EDI) (CPC 7523**) |
|||
Enhanced / value-added facsimile services, incl. store and forward, store and retrieve (CPC 7523**) |
|||
On-line information and / or data processing (incl transaction processing) (CPC 843**) |
|||
Other Paging services (CPC 75291) Telecommunication consulting services (CPC 75440) |
Sector or Subsector |
Limitation on Market Access |
Limitation on National Treatment |
Additional Commitments |
D. Audiovisual services |
|||
Motion picture and video tape production and distribution services (CPC 9611)
|
Unbound, except as indicated in the horizontal section |
Unbound, except as indicated in the horizontal section |
|
Motion picture projection service (CPC 9612) |
|||
Radio and television services (CPC 9613) - Radio Services only for production of radio programmes (CPC 96131) - Television Services only for production of TV programmes (CPC 96132) |
|||
CONSTRUCTION AND RELATED ENGINEERING SERVICES |
|||
A. General construction work for buildings (CPC 512) |
This has to be in consistence with the labour law and law on promotion and management of foreign investment |
Same as mention in Market Access and in Law on Taxation |
|
B. General construction work for civil engineering (CPC 513) |
|||
C. Installation and assembly work (CPC 514+516)
|
|||
D. Building completion and finishing work (CPC 517) |
Sector or Subsector |
Limitation on Market Access |
Limitation on National Treatment |
Additional Commitments |
E. Other (CPC 511+515+518)
(CPC515)
with operator (CPC 518) |
Unbound, except intra cooperate transfer and as per conditions in the horizontal section |
Same as mention in Market Access and in Law on Taxation |
|
DISTRIBUTION SERVICES |
|||
A. Commission agents' services (CPC 621) Sale on a fee or contract basis of textiles, clothing and footwear (Part of CPC 621) |
Unbound |
Unbound |
|
B. Wholesale trade services (CPC 622) Wholesale trade services on a fee or contract basis of textiles, clothing and footwear (6223 (Part of CPC 622) |
|||
D. Franchising (CPC 8929) included only for textiles, clothing and footwear (Part of CPC 8929) |
Sector or Subsector |
Limitation on Market Access |
Limitation on National Treatment |
Additional Commitments |
EDUCATIONAL SERVICES |
|||
A. Primary education services (CPC 921) |
Unbound, except as indicated in the horizontal section |
Unbound, except as indicated in the horizontal section |
|
B. Secondary education services |
|||
(CPC 922) |
|||
- Higher Secondary Education Services (CPC |
|||
9222) |
|||
- General Secondary Education services (CPC |
|||
9221) |
|||
- Technical and vocational training (Part of CPC |
|||
922) |
|||
C. Higher education services (CPC 923) - Post Secondary Technical and Vocational Education Services (CPC 92310) |
|||
D. Adult education (CPC 924) |
|||
E. Other education services Short term foreign language training (Part of CPC 929) |
Sector or Subsector |
Limitation on Market Access |
Limitation on National Treatment |
Additional Commitments |
ENVIRONMENTAL SERVICES |
|||
A. Sewage services (CPC 9401) |
Unbound, except as indicated in the horizontal section |
Unbound, except as indicated in the horizontal section |
|
B. Refuse disposal services (CPC 9402) |
|||
C. Sanitation and similar services (CPC 9403) |
|||
D. Other
|
|||
FINANCIAL SERVICES |
|||
A. All insurance and insurance related services |
|||
Direct insurance (including co-insurance)
(CPC 81211)
Reinsurance and retrocession (CPC 81299), excluding pension fund, broking and agency service |
Unbound, except the following:
the mentioned natural persons in Lao PDR shall be approved by relevant authorities of Lao PDR. |
Unbound, except as specified in the Limitation on Market Access. Foreign service suppliers and their foreign personnel working within the Lao PDR shall pay to the Lao Government the personal income tax, calculated in accordance with the provisions of the applicable Laws and regulations of the Lao PDR. |
|
Sector or Subsector |
Limitation on Market Access |
Limitation on National Treatment |
Additional Commitments |
Acceptance of deposits and other repayable funds from the public (CPC 81115 – 81119) |
Unbound, except as indicated in the horizontal commitments |
Unbound, except as indicated in the horizontal commitments |
|
Lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transaction (8113) |
Unbound, except for the case of cooperation in line with the necessity of economy, allow for management level and expertise level to come in |
Unbound, except for the case of cooperation in line with the necessity of economy, allow for management level and expertise level to come in |
|
Financial leasing (CPC 8112) |
Unbound, except as indicated in the horizontal commitments |
Unbound, except as indicated in the horizontal commitments |
|
All payment and money transmission services (CPC 81339**) |
Unbound, except as indicated in the horizontal commitments |
Unbound, except as indicated in the horizontal commitments |
|
Guarantees and commitments (CPC 81199**); |
Unbound, except the case of cooperation in line with the necessity of economy, allow for management level and expertise level to come in |
Unbound, except the case of cooperation in line with the necessity of economy, allow for management level and expertise level to come in |
|
Trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following: transferable securities (CPC 81321*) |
Unbound except as indicated in horizontal commitments |
Unbound except as indicated in horizontal commitments |
|
Participation in issues of all kinds of securities, incl. underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues (CPC 8132) |
Unbound except for categories of horizontal commitments |
Unbound except for categories of horizontal commitments |
|
Provision and transfer of financial information, and financial data processing and related |
Unbound except for categories of horizontal commitments |
Unbound except for categories of horizontal commitments |
|
Sector or Subsector |
Limitation on Market Access |
Limitation on National Treatment |
Additional Commitments |
software by providers of other financial services (CPC 8131). |
|
|
|
Money broking (CPC 81339**i). |
Unbound except for categories of horizontal commitments |
Unbound except for categories of horizontal commitments |
|
Asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository and trust services (CPC 81323*). |
Unbound except for categories of horizontal commitments |
Unbound except for categories of horizontal commitments |
|
Settlement and clearing services for financial assets, incl. securities, derivative products, and other negotiable instruments (CPC 81339** or 81319**) |
Unbound except for categories of horizontal commitments |
Unbound except for categories of horizontal commitments |
|
Advisory, intermediation and other auxiliary financial services on all the activities listed in sub-sectors 6.above incl. credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy (CPC 8131 or 8133) |
Unbound except for categories of horizontal commitments |
Unbound except for categories of horizontal commitments |
|
Sector or Subsector |
Limitation on Market Access |
Limitation on National Treatment |
Additional Commitments |
HEALTH RELATED AND SOCIAL SERVICES |
|||
A. Private Hospital services Hospital with more than 100 beds and modern facilities only (Part of CPC 93110) |
Unbound, except as indicated in horizontal section and based on specific project cooperation agreement |
Unbound, except as indicated in horizontal section |
|
TOURISM AND TRAVEL RELATED SERVICES |
|||
A. Hotels and restaurants (incl catering)
(CPC 64210)
(CPC 64310) |
Unbound, except for intra- corporate transferees of general manager and managers |
Unbound, except as indicated in the Horizontal Section |
|
B. Travel agencies and tour operators services
Travel agencies services, in-bound services only (Part of CPC 74710) |
Unbound, except for managers |
Unbound, except as indicated in the horizontal section |
|
D. Other
Tourism consulting services |
Unbound, except for managers |
Unbound, except as indicated in the horizontal section |
|
Sector or Subsector |
Limitation on Market Access |
Limitation on National Treatment |
Additional Commitments |
TRANSPORT SERVICES: Where relevant Decree on Control List will be Applied on the sub-sectors |
|||
A. Maritime transport services |
|||
Passenger transportation (CPC 7211) |
Unbound, except as indicated in the Horizontal Section |
Unbound, except as indicated in the Horizontal Section |
|
Freight transportation (CPC 7212) |
|||
Rental of vessels with crew (CPC 7213) |
|||
Maintenance and repair of vessels (CPC 8868**) |
|||
Pushing and towing services (CPC 7214) |
|||
Supporting services for maritime transport (CPC 745**) - Vessels salvage and re-floating services (not applicable in harbor) (CPC 7454) |
|||
B. Internal Waterways Transport |
|||
Passenger transportation (CPC 7221) |
Unbound, except as indicated in the Horizontal Section |
Unbound, except as indicated in the Horizontal Section |
|
Freight transportation (CPC 7222) |
|||
Rental of vessels with crew (CPC 7223) |
|||
Maintenance and repair of vessels (CPC 8868**) |
Sector or Subsector |
Limitation on Market Access |
Limitation on National Treatment |
Additional Commitments |
C. Air Transport Services |
|||
Aircraft repair and maintenance services |
As indicated in horizontal section |
As indicated in horizontal section |
|
Selling and Marketing of Air Transport services |
|||
Computer reservation system services (CRS) |
|||
Aircraft leasing without crew |
|||
Aircraft leasing with crew |
|||
Air freight forwarding services |
|||
Aircraft catering services |
|||
Aircraft line maintenance |
|||
E. Rail Transport Services |
|||
Passenger transportation (CPC 7111) |
As specified in the Horizontal Section |
As specified in the Horizontal Section |
|
Freight transportation (CPC 7112) |
|||
Pushing and towing services (CPC 7113) |
|||
Maintenance and repair of rail transport equipment (CPC 8868**) |
|||
Supporting services for rail transport services (CPC 743) |
|||
F. Road Transport Services |
|||
Freight transportation (CPC 7123) |
As specified in the Horizontal Section |
As specified in the Horizontal Section |
|
Rental of commercial vehicles with operator (CPC 7124) |
As specified in the Horizontal Section |
As specified in the Horizontal Section |
|
Sector or Subsector |
Limitation on Market Access |
Limitation on National Treatment |
Additional Commitments |
Maintenance and repair of road transport equipment (CPC 6112+8867) |
Unbound, except as indicated in the Horizontal Section |
Unbound, except as indicated in the Horizontal Section |
|
Supporting services for road transport services (CPC 744) |
As specified in the Horizontal Section |
As specified in the Horizontal Section |
|
H. Services auxiliary to all modes of transport |
|||
Storage and warehouse services (CPC 742) Storage and warehousing services related to maritime transportation (Part of CPC 742) |
Unbound, except as indicated in the Horizontal Section |
Unbound, except as indicated in the Horizontal Section |
|
Freight transport agency services (CPC 748)
|
|||
Other services not included elsewhere |
|||
Skill training services (CPC 97090) |
Unbound, except as indicated in the Horizontal Section |
Unbound, except as indicated in the Horizontal Section |
|