On 7 April 2023, the Government of Lao PDR issued Decree on the Imposition of Fines and other Measures Against Violators of Laws and Regulations on Measurement No.192/NA ("Decree"). The Decree took effect on 9 May 2023, and applies to individuals, legal entities and organisations that violate laws and regulations on measurement in Lao PDR.
Imposition of Fines
The imposition of fines is a type of administrative sanction imposed on a violator that commits a breach that is not criminal in nature, i.e. is administrative in nature. A breach of laws and regulations on measurement intentionally or unintentionally for the second time, which is not a criminal offence, attracts a fine equivalent to twice the value of the damage.
Other Sanctions
Apart from fines imposed on violators of administrative breaches as opposed to criminal offences, other sanctions include (i) suspension of certificate regarding measurement, (ii) withdrawal or cancellation of certificate regarding measurement, and (iii) cessation, revocation, seizure, or destruction of measuring templates, instruments and equipment, and packaged goods.
Acts that constitute violation of laws and regulations regarding measurement
The following acts constitute a violation of laws and regulations regarding measurement:
- Production and distribution of measuring templates, tools and measuring equipment that are not compared, verified and re-verified or not registered;
- Unauthorised importation of measuring templates, instruments and devices;
- Using expired or revoked certificates and using measuring templates, instruments and or equipment regarding measurement that have expired;
- Violation of regulations on the comparation, verification and re-verification of measuring templates, instruments and equipment. Comparation refers to checking or comparing the measuring instruments and equipment to the standard template of Industry and Commerce sector;
- Unauthorised removal of locking devices;
- Locking or removing stickers and markings from measuring templates, instruments and devices;
- Affixing fake or illegal certifications or re-inspection marks;
- Violation of conditions regarding packaged goods;
- Intentionally misrepresenting calculated amounts to mislead or deceive others; and
- Modification of measuring templates, instruments and measuring devices that do not constitute components of a criminal offence.
The Industry and Commerce Sector imposes fines and applies other sanctions to violators of laws and regulations on measurement, in coordination with relevant ministries, agencies and local government agencies.
