Lao People’s Democratic Republic

Peace Independence Democracy Unity Prosperity

Ministry of Industry and Commerce  No.0238/MOIC.DIMEX

Vientiane Capital, dated 02 February 2012

Decision

On the Procedure for Import and Distribution of Gas in the Lao PDR

-  Pursuant to the Enterprise Law No.11/NA, dated 09 November 2005;

-  Pursuant  to the Government’s Decree on the Import and Export of Goods No.114/GoL, dated 06 April 2011; and

-  Pursuant to the Prime Minister’s Decree on the Goods Import Licensing Procedures No.180/PM, dated 07 July 2009.

The Minister of Ministry of Industry and Commerce hereby issues the following Decision:

Section 1

General Provisions

^{_{Article 1. Purpose}}

This Decision sets out procedures for gas import and distribution in the Lao PDR. This Decision has no purpose to restrict the quantity or value for importation, but only for statistical and import monitoring purposes through the automatic import licensing regime.

^{_{Article 2. Definition of Terms}}

In this Decision , ‘‘gas’’ means all kinds of gas including cooking gas and gas used in the industry as defined in the Lao PDR’s Customs Nomenclature of 2711.

^{_{Article 3. Scope of Application}}

This Decision applies to the import and distribution of gas in the Lao PDR.

Section 2

Rights and requirements for Gas Import and Distribution

^{_{Article 4. Rights and Requirements for Importation of Gas}}

Any individual, entity and organization located in or outside the Lao PDR has the Rights to import gas to the Lao PDR in accordance with relevant laws and regulations of the Lao PDR.

^{_{Article 5. Rights and Requirements for Distribution of Gas}}

Gas distribution enterprises registered under Lao PDR law have the rights to distribute gas in the Lao PDR.

Gas distribution enterprises shall comply with the following requirements:

1. Be an authorized distributor of a gas company;
2. Have a gas storage or warehouse;
3. Have a sale or customer service station and other facilities to provide services tocustomers; and 4. Have a safety system.

Section 3

Gas Import Licensing Procedures

^{_{Article 6. Application for Importation of Petroleum}}

The import of gas shall obtain an import license from the Department of Import and Export, Ministry of Industry and Commerce.

Article 7. Required Documents for Gas Import License Application Documents required for applying for a gas import license are as follows:

1. Application for gas import license;

2. Copy of the following:

-  Valid Enterprise Registration Certificate or Concession Registration Certificate

(for enterprises located in the Lao PDR); or

-  Valid enterprise registration certificate issued by the competent authority of the relevant country (for enterprises located outside the Lao PDR).

3. Any documents in foreign language shall be accompanied with its Lao translation as certified by the Notary Office of Lao PDR.

^{_{Article 8. Gas Import License}}

The issuance, modification and term of gas import licenses shall follow the

Goods Import Licensing procedures No.180/PM, dated 07 July 2009. The import license is not transferrable.

^{_{Article 9. Fees and Charges}}

Fees and charges for the issuance and modification of gas import licenses shall follow the Presidential Edict No.03/P, dated 19 November 2008 on ‘‘Fees and Services Charges’’.

^{_{Article 10. Provision of Documents upon Actual Importation}}

Upon actual importation, importers shall provide the following documents to the customs authority:

1. Gas import license as issued under this decision; and
2. Other required documents as per customs regulations.

Section 4

Final Provisions

^{_{Article 11. Implementation}}

Department of Import and Export shall actively coordinate with relevant authorities to implement this Decision accordingly and effectively.

^{_{Article 12. Effectiveness}}

This Decision shall be effective 30 days after the date of signature

Minister of Industry and Commerce

[Signed and Sealed] Dr. Nam Viyaketh