You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

June 17, 2025

New Trade Inspection Implementation Decision in Laos

Subscribe to Updates

On January 9, 2025, the Lao official gazette published the newly amended Decision on Trade Inspection Implementation No. 0019/MOIC, dated January 6, 2025.

This decision aims to establish principles and rules for trade officers to inspect, fine, and take measures against violators of trade laws and their related regulations on business competition, business operations, and intellectual property rights to protect consumers and business operators in Laos.

Changes in Trade Inspection Procedures

Previously, trade inspection officers, operating independently under the central Ministry of Industry and Commerce (MOIC) or the provincial-level Department of Industry and Commerce (DOIC), were responsible for administrative raid actions focusing exclusively on intellectual property issues. However, following the enactment of Decision No. 0019/MOIC, trade inspection officers will now be grouped into the Trade Officers Unit, which will also include business competition officers and consumer protection officers. This unit will conduct and participate in raids, considering not only intellectual property laws but also competition and consumer protection laws when imposing penalties on infringers.

Trade Inspection Authority Levels

Trade inspection implementation is overseen by authorities at three levels:

  • Central level: Department of Business Competition and Trade Inspection, MOIC. The MOIC handles trade inspection work covering all provinces in Laos.
  • Provincial level: DOIC offices in provinces and Vientiane handle trade inspections covering two or more districts.
  • District level: Office of the Industry and Commerce offices in districts.

Violations

Individuals, legal entities, and organizations violating the newly amended trade inspection decision, the Decree on Trade Inspection, or other related regulations will be educated about the issue, warned, disciplined (for government servants), fined, subject to compensation for damage incurred, or punished by the relevant laws, depending on the gravity of the violation.

Trade Violations

Violations of trade laws and regulations concerning business operations will result in fines and additional measures. Examples include:

  • Failure to display product prices: Fines ranging from LAK 500,000 (approx. USD 25) to LAK 1,000,000 (approx. USD 50) per item.
  • False advertising: Fines ranging from LAK 500,000 to LAK 5,000,000 (approx. USD 250) per item, with possible seizure or destruction of products.
  • Defamatory advertising: Fines ranging from LAK 500,000 to LAK 1,000,000 if a complaint is filed.
  • Incorrect labeling or failure to label in Lao language: Fines ranging from LAK 500,000 to LAK 5,000,000 per item, with possible seizure or confiscation of products.
  • Counterfeiting labels: Fines ranging from LAK 200,000 (approx. USD 10) to LAK 2,000,000 (approx. USD 100) per instance, with confiscation of products and criminal prosecution.

Intellectual Property Violations

Minor offenses in violation of intellectual property laws will result in fines of 1% of the value of the damage incurred. Intentional violations will result in fines of 5% of the damage incurred per violation.

False Business Operations

Violations of the Enterprise Law No. 33/NA, dated December 29, 2022, will result in educational measures, warnings, disciplinary actions, fines, civil damages, or criminal penalties. Conducting business without a permit will result in similar measures.

Unauthorized Trading

Illegal trading of products will be punished or fined based on the value of the goods and compliance with ensuing legal obligations. Examples include:

  • Import-export goods processed at incorrect checkpoints: Remedial education and warnings for goods below LAK 5 million, fines of 5% for goods valued between LAK 5 million and LAK 10 million, and fines of 10% for goods above LAK 10 million.
  • Violations of the import and export regulations: Fines of 30% for the first offense, 50% for the second offense, and 70% for illegal import or export of goods.

Compliance

Businesses need to ensure their compliance with the newly amended trade inspection decision and all related laws and regulations, as violating a trade regulation, operating a business without an Enterprise Registration Certificate, or conducting a business for illicit purposes involving illegal goods may result in civil or criminal proceedings, depending on the violation and applicable regulations—in addition to the fines and measures outlined above.

Related Professionals

Practices

Antitrust and Competition

Customs and International Trade

Intellectual Property

Location

RELATED INSIGHTS​ 

December 20, 2024
Closing out the year, Thailand’s Department of Intellectual Property (DIP) has gifted green innovators with a chance to take a faster route for examining their patent and petty patent applications under the “Target Patent Fast-Track” program. This route prioritizes environmentally sustainable inventions, and significantly accelerates the preliminary and substantive examinations of selected applications at no additional official fee. The program was publicly announced on December 2, 2024, in the DIP Notification on the Expansion of Technological Fields under the Target Patent Fast-Track Program, which took effect on December 15, 2024. The expedited process is open to both Thai and foreign applicants, provided the requirements in the notification are met. Under the fast-track program, a first office action for qualifying applications can be expected within 6 months during the preliminary examination stage. These applications will also be issued a first office action within just 12 months in the substantive examination period after publication. The DIP begins accepting formal requests for selection to participate in the program from January 1, 2025, onward. Each applicant can submit only one application per fast-track patent program per month, as selected applications cannot belong to the same applicant. No more than 10 applications per month will be chosen to participate in the fast-track route, with the results being announced on the 5th of every following month. To be eligible for selection, applications must comply with all the fast-track requirements specified in the recent DIP notification, particularly: The patent or petty patent application must have been filed with the DIP for at least three months, or a substantive examination request has already been filed in the case of patent applications. Each application must contain no more than 10 claims throughout its participation in the program. The application must be electronically filed in Thailand first or through
Read More
December 18, 2024
The EU-Thailand Free Trade Agreement is drawing a lot of interest as the fourth round recently concluded in Bangkok. Despite negotiations starting in 2013, there was a ten-year pause before we saw the first round of negotiations end in September 2023. The initial plan was for four rounds of negotiations, with the free trade agreement (FTA) finalized in 2025. However, following the fourth round it is clear that the negotiations are still ongoing. Now, the question is: how much closer are the EU and Thailand to concluding their FTA? The EU initially submitted 13 chapter proposals for the FTA, followed by a further 12, and these became the springboard for the negotiations. Given the complexity of agreeing on an accord of this size, there will probably be additional proposals submitted in 2025. These chapters have seen sector-specific negotiation groups formed, and although it has been difficult to truly gauge the status, steady progress has been made in each. Arguably one of the biggest points of discussion pertains to the customs process for imports and exports. Both sides aim to align their practices in relation to rules of origin and custom rates, with preferential tariff treatments offered to goods originating from Thailand and the EU, as well as talks of eliminating or reducing relevant taxes. The desire for a faster customs clearance can be seen in EU proposals for clearance of goods on arrival. Although there has been progress in agreeing to a more simplified customs process, more work needs to be done before we hear news of the agreed-upon fees and charges, or confirmation of what goods would be allowed temporary admission. When we consider customs clearance, it is important to also examine what this FTA could mean for rightsholders. One piece of good news is that it appears
Read More
December 9, 2024
Cambodia’s Law on Seed Management and Plant Breeder’s Rights was enacted in 2008, but it was not until recently that new plant varieties could successfully be registered for protection in the country. Although the law has been in place for some time, recent developments confirmed the application process and a schedule of charges for the registration of new plant varieties. With these developments, breeders have been able to register their new plant varieties in Cambodia since March 1, 2024. Applicants for new plant variety protection must be Cambodian nationals, foreign nationals domiciled in Cambodia, or permanent residents of either a country that is a contracting party to the International Union for the Protection of New Varieties of Plants (UPOV) Convention or a country with which Cambodia has signed a memorandum of understanding on plant variety protection. Applicants can also claim a priority date from the first application for the same plant variety filed in any contracting party of the UPOV Convention within 12 months of the earliest application’s filing date. To be eligible for protection, new plant varieties must satisfy the following criteria: Novelty: A variety is considered “new” if, at the date of filing the application for new plant variety protection, it has not been sold, marketed, or otherwise disposed of others—by or with the consent of the breeder—for more than: One year for any plant variety in Cambodia; Six years for trees and vines or four years for all other plant varieties in countries besides Cambodia. Distinctiveness: A variety must be clearly distinguishable from any other existing varieties. Uniformity: A variety must be sufficiently uniform in its relevant characteristics. Stability: A variety must remain unchanged in its essential characteristics at the end of each cycle of propagation and in each generation. The last three criteria are often
Read More
December 4, 2024
On December 1, 2024, Myanmar’s Intellectual Property Department (IPD) issued the first group of trademark certificates of registration for marks registered under the Trademark Law of 2019. This is the first registration announcement since the start of the IPD’s soft opening period in 2020. With the registration of marks now in place, registered owners will benefit from stronger legal protections. These protections include the exclusive right to prevent unauthorized use of identical or similar marks by third parties and the ability to take enforcement and administrative actions. Myanmar’s implementation of the “first-to-file” system further emphasizes the importance of early registration. Marks registered at an early stage will be in a stronger position when filing oppositions against subsequent applications for identical or confusingly similar marks. The IPD issues certificates of registration in an electronic format to owners who have filed their applications via the IPD’s online filing system. For applicants who submitted their marks via physical applications, the IPD will issue physical certificates of registration. The initial registration term for a mark is 10 years from the filing date and is renewable for additional periods of 10 years each time. The IPD publicly discloses the details of marks registered under Myanmar’s Trademark Law via their official website. The IPD’s issuance of mark registrations under the Trademark Law of 2019 is a decisive step forward in intellectual property protection in Myanmar. It enhances legal safeguards for mark owners and any other authorized persons, and affirms Myanmar’s commitment to aligning its practices with global standards. For more information on protecting intellectual property rights in Myanmar, please contact Tilleke & Gibbins at [email protected].
Read More