Rajah & Tann Regional Round-Up
your snapshot of key legal developments in Asia
Issue 1 - Jan/Feb/Mar 2022
 

Encouragement of Telecommunication Activities through Amended Law on Telecommunications

On 23 March 2022, the newly amended Law on Telecommunications No.05/NA dated 16 November 2021 ("Amended Law"). was published on the Electronic Official Gazette ("e-Gazette"). It will come into effect from 7 April 2022, 15 days after its publication on the e-Gazette. The Amended Law aims to support telecommunications service operations in Lao PDR by encouraging domestic and foreign individuals, legal entities and organisations to invest in the construction, development and extension of telecommunication networks. The key features of the Amended Law include the following:


Types of telecommunication service operations


There are two types of telecommunication service operations: (i) telecommunication services, and (ii) provision of telecommunication facilities.


   a. Telecommunication services


Telecommunication services is a form of business operation in which one or more telecommunication companies have their own networks in carrying out the business operation. It consists of the following:


  • Mobile communication;
  • Landline telephone services;
  • Internet services;
  • Satellite communication;
  • Communication Survey and location search;
  • Intelligent Transport System (ITS);
  • Internet service using a high-altitude platform station (HAPS);
  • Mobile phone service using high altitude platform station as imt base stations (HIBS);
  • Auxiliary services;
  • Application services;
  • Internet of Things (IoT); and
  • Other telecommunication services.

   b. Provision of telecommunication facilities


The provision of telecommunication facilities is a form of business operation which involves one or more activities related to the telecommunications business. It consists of the following activities:


  • Rental of telecommunication infrastructure;
  • Assembling, manufacturing and/or distributing telecommunication equipment;
  • Installation-repair of telecommunication equipment;
  • Importation and exportation of telecommunication equipment;
  • Telecommunication consulting;
  • Data Center Services; and
  • Provisions of other telecommunication facilities.

Term of investment and validity of licence


The term of investment in telecommunications business is not more than 15 years and can be renewed. The telecommunication operating license is valid for one year. This can also be renewed.


The Technology and Communications Sectors of MTC will assess the business application documents from applicants for a telecommunication operating licence. Once satisfied that the necessary documents have been submitted, it will issue such licence within 30 days from receipt of the documents.

 

The Amended Law also stipulates the conditions for conducting telecommunications business.



Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.

 

Rajah & Tann (Laos) Co., Ltd
Anou Village,
Samsenthai Road, Unit 17,
Chanthabouly District,
Vientiane Capital, Lao PDR.
http://la.rajahtannasia.com


Contacts:

Lee Hock Chye
Managing Partner
D +603 2273 1919
F +603 2273 8310
hock.chye.lee@christopherleeong.com

Khanti Syackhaphom
Legal Advisor
D +856 21 454 239
F +856 21 285 261
khanti.syackhaphom@rajahtann.com

Desmond Wee
Director
D +65 62320474
desmond.wee@rajahtann.com

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