Ministry of Justice updated collection, Year 2002


LAO PEOPLE’S DEMOCRATIC REPUBLIC

PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY

______

National Assembly No. 04/NA

Date: 3/4/99

Public ROAD LAW

Part 1

General Disposition

Article 1. Function of public road Law

The Public Road Law has function to define principles, regulations and measures related to the management, use, planning, survey, design, construction and maintenance of public road as well as the safety protection to assure and facilitate traffic all year round between provinces, between districts and remote areas in order to contribute importantly to the secio-economic development and to support the defence and securities of the county, to establish the basis for linking the national economic to the counties of the region.

Article 2. Meaning of Road

Road means the strip of land over which the road is constructed to use for traffic including road framework road appurtenance and delimitation area.

Road framework

Road framework comprises of road structure slope culvert ditch for drainage channel, anti-ero-sive wall, bridge, tunnel, ferry boat dock, ferry boat, parking areas and other structures which are constructed under and above the road.

Road appurtenance

Road appurtenance comprises of traffic signs, traffic lights, road lighting system and other.

Road delimitation area

Road delimitation area is the strips of land along both sides of the road which are reserved for the extension of the road or for the security activities of the road.

Safety activities of the road

Safety activities of the road mean activities which aim at preventing accidents erosion and pollution from smokes, color, light, noise by planting trees, erecting walls etc.

Article 3. Road Development Promotion

The policy of the Government is to encourage all economy sectors of the county and from abroad to construct, repair and maintain national roads by reducing or exempting taxes and duties as stipulated by the Law on the Promotion of Domestic Investment and the Law on the Promotion and Management of Foreign Investment in the Lao PDR.

In order to guarantee the traffic all year round the Government authorizes the creation of road development funds.

Article 4. Obligations of road users

Person and organizations who are the users of the road have obligations to contribute to the construction, repair and maintenance of public roads including the safety, traffic order, cleanliness, good looks and environment.

The use of the national road shall be strictly in compliance with the traffic regulation such as: carried weigh, speed etc.

PART II

PUBLIC ROAD AND BUPLIC ROAD ACTIVITIES

Chapter 1

Public Road

Article 5. Public Road

Public Road is the road system that is property of the national Community constructed for public interest and for internal and international communications.

The public road in the Lao PDR is divided into 6 classes namely:

  1. National Road;
  2. Provincial Road. Prefectural and Special Zone Road;
  3. District Road;
  4. Urban Road;
  5. Rural Road;
  6. Specific Road;

Article 6. National Road

The National Road mean a road of strategic importance for the overall interest of national and international interests and includes:

  1. Road connecting the Capital to the provincial and special zone municipalities;
  2. Road to international borders;
  3. Road of importance with regard to socio-economic and national defence and security importance.

Article 7. Provincial, Prefectural and Special Zone Road

Provincial Road, Prefecture and Special Zone Road refers to road meaningful for the economic, political, socio-cultural development and for the national defense and security at the provincial or special zone level, including:

1.  Inter-provincial road;

2.  Road connecting a provincial municipality to district centres, ports, tourist places and important historic sites of the province or special zone.

Article 8. District Road

District Road refers to road meaningful for the economic, political, socio-economic development and for the national defance and security at the district level, including:

1.  Inter-district road;

2.  Road connecting the district center to the villages, ports, tourist places, historic sites and special economic zone of the district.

Article 9. Urban Road

Urban Road means a system of roads used for the traffic within the urban area.

Article 10. Rural Road

Rural Road means a road connecting villages to villages and villages to various production and service centers of the villages.

Article 11. Specific Road

Specific Road means a road used specifically for the production and service of a sector, for the national defence and security and for reserved forest.

Chapter 2

Public Road Activities

Article 12. Public Road Activities

Public Road Activities mean the execution of activities with regard to the public road which include planning, survey, design, construction, maintenance, repair, control and use of the public road.

Article 13. Public Road planning

Road planning is the study, data collection in order to establish plan for the development of various public roads as defined in the article 5 of the Law.

Article 14. Survey and Design of Public Road

The survey is the collection of environmental conditions and detailed data for establishing feasibility studies completed by an efficiency evaluation to be used for the design works.

The design of public road is to establish detailed plan in compliance with technical standards based on the data analysis furnished by the survey, including: drawings, cost evaluation and time for completion of construction.

Article 15. Public Road construction

The Public road construction is the building of various public roads as defined in the article 5 of this Law. The Public road contractor shall perform the work in accordance with design documents Ensure the quality, the safety and environment protection.

Article 16. Maintenance and Repair of Public Road

The maintenance of public road is to follow up, control, check on the conditions of the public road in order to provide a regular maintenance such as: grass cutting, road surface cleaning, sewage draining, bridge and other road appurtenance cleaning.

The repair of public road is to maintain, repair and reinstate the damaged road in compliance with the design including routine repairs, periodic repairs and urgent repairs.

PART III

MANAGEMENT AND USE of Land and ROAD LIMIT

Chapter 1

Management and use of land for public road activities

Article 17. Management and use of land

The Ministry of Communication, Transport, Post and Construction is the Authority to manage and use the land for public road activities as stipulated in the Land Law.

Article 18. Material resource for public road activities

The Ministry of Communication, Transport, Post and Construction is the Authority to manage and use material resources for public road activities such as: soil, stone, gravel, sand and other types of construction materials at locations that have been surveyed and The exploitation of which has been authorized by the government.

Article 19. Compensation of land acquired for public road activities

In the construction of different kinds of public road, if there is necessity to use the land owned legally by a private person or by an organization the expropriated owner of the land for public road construction shall receive a reasonable compensation.

Chapter 2

Road Limit

Article 20. Road Limit

The road limit is the total area of the road that includes road surface, road shoulder, footpath, drainage channel, slope and the reserved area for the public road.

The width of road limit for each kind of public road is as followings:

National road : 25 meters measured from the center line of the road On each side;

Provincial road : 15 meters measured from the centre line of the road On each side;

District road : 10 meters measured from the centre line of the road On each side;

Rural road : 5 meters measured from the centre line of the road On each side;

Urban road : in compliance with Urban Master Plan;

Special Road : in compliance with technical standard specifically imposed to each road.

Technical standard for each kind of public roads is defined by the Ministry of Communication, Transport, Post and Construction.

Article 21. Reserved area for the public road

In the reserved area it is not permitted any construction. In case of necessity, the construction must be authorized by the management public road Authority.

Article 22. Safety area of the public road

The safety area of the public road is the area situated in the limit of the public road that includes: road shoulder, pedestrian, visible distant point forming the curve and road junction area open to the bridge, pipe edges, road slope, anticorrosive wall, drainage channel islet at the middle of the road, zebra-crossing, bus station. Within the safety area of the public road, it is prohibited to carry out activity and place materials and objects, which can obstruct and endanger the traffic.

PART IV

PUBLIC ROAD FEES AND SERVICE CHARGES

Article 23. Public road fees and service charges

Public road fees and service charges are the returns from the activities and the use of the public road, such as: fee for registration, fee for copy right, toll road, ftoll ferry-boat, toll bridge, etc.

Article 24. Public Road fees and service charges collection

The Ministry of Finance in cooperation with the Ministry of Communication, Transport, post and Construction determine the rate of road fees and service charges and submit it to the Government for decision.

PART V

CREATION OF ROAD CONSTRUCTION, CONSULTING

COMPANIES AND ASSOCIATION OF ROAD

ENGINEERING COMPANIES

Chapter 1

Creation of Road Construction and Consulting Companies

Article 25. Creation of Road Construction Company

Road construction company is a business unit established for carrying out activities in the road construction and repair.

Individual and organization who intend to establish a road construction company shall meet the following requirements:

  1. be an engineer or have technical staff with engineering capability in the road activities and with a minimum experience of more than 3 years;
  2. have capital as prescribed in regulation;
  3. have at least one set of technical fittings;
  4. have technicians in the field of road construction and mechanical operator.

Article 26. Road Consulting Company

Road consulting Company is business unit established for carrying out the planning, survey, design, construction, monitoring-controlling and providing advices on the road activities to the owner of road construction project.

Individual and organization who intend to establish a road consulting company shall meet the following requirements:

  1. be a highway engineer endowed with skill and engineering capability in the road activities and with a minimum experience of more than 7 years,
  2. have technical staff with a minimum experience of more than 5 years,
  3. have capital as prescribed in regulation,
  4. have an office, equipment, tolls and equipment as prescribed in regulation.

Article 27. Association of Road Engineering Company

For efficient management of road construction and for good order, state authorizes the creation of Association of Road Engineering Companies in compliance with the regulations of the Ministry of Communication, Transport, Post and Construction.

Chapter 2

Creation, Registration and Principles governing the public

road Business

Article 28. Business creation and Registration

The creation, registration of public road construction company and public road engineering consulting company shall be in compliance with the Business law and the Law on Promotion of Local Investment.

Regarding the foreign investment the Law on Promotion and Management of Foreign Investment of the Lao PDR shall be applied.

Article 29. Principles governing the public road business

The public road business shall be in compliance with this Law and the following basic principles:

  1. Selection of companies;
  2. Invitation for bids;
  3. Comparison of prices;
  4. Building operations transfer;
  5. Nomination of the owner project;
  6. Consulting company;
  7. Control;
  8. Quality guaranteeing.

Any subcontracting work shall be approved by the Owner of the Project.

PART VI

ORGANIZATIONS RESPONSIBLE FOR

MANAGING AND MONTORING PUBLIC ROAD

Chapter 1

Organization Responsible for managing

Public Road

Article 30. Organization Responsible for managing Public Road

The Organization Responsible for managing public road comprises of:

  1. Ministry of Communication, Transport, post and Construction;
  2. Divisions of Communication, Transport, post and Construction of Province, Prefecture and Special Zone;
  3. District or municipality Communication, Transport, post and Construction offices;
  4. Village Authorities.

Article 31. Rights and Duties of the Ministry of Communication, Transport, post and Construction

The Ministry of Communication, Transport, post and Construction has the following rights and duties:

  1. Make strategic plan and long, medium and short term plans related to the development of the public road network;
  2. Issue regulations on the organization, management, control, planning, survey, design, construction, maintenance, repair and use of the road throughout the country;
  3. Elaborate the technical standards of different kinds of public road;
  4. Determine the policy and road construction and maintenance cost submitted to the Government for consideration;
  5. Administer public road statistics;
  6. Maintain International relation and cooperation for the development of public road network;
  7. Execute other rights and duties related to the road activities as delegated by the Government.

Article 32. Rights and Duties of the divisions of Communication, Transport, post and Construction of the Province and Special Zone

The divisions of the Department of Communication, Transport, post and Construction of the Province, Prefecture and Special Zone have the following rights and duties:

  1. Develop the strategic plan and the public road network development plan under their responsibility;
  2. authorize manage public Road Construction Companies and the Consulting Companies operating within the limit of the province;
  3. Administer statistics and regularly report th e situation of public road under their responsibility to the Ministry of Communication, Transport, post and Construction;
  4. Execute other rights and duties related to the public road activities as delegated by the Ministry of Communication, Transport, Post and Construction.

Article 33. Rights and Duties of the district or municipality Communication, Transport, post and Construction Offices

The district or municipality Communication, Transport, post and Construction offices have the following rights and Duties:

  1. Encourage and monitor the public road construction, maintenance, repair under their responsibility;
  2. Manage the public roads within the limit of the district or Municipality under their responsibility;
  3. Administer statistics and regularly submit reports on the situation of public roads under their responsibility to the divisions of Communication, Transport, post and Construction of the province, Prefecture and Special Zone;
  4. Execute other rights and duties as delegated by the divisions of Communication, Transport, post and Construction of the province, Prefecture and Special Zone.

Article 34. Rights and duties of the Village Authorities