Professional Documents
Culture Documents
Aviation Law en
Aviation Law en
DECREE
of the
PRESIDEN T
of the
LAO PEOPLE’S DEMOCRATIC REPUBLIC
Article 2. This decree shall enter into force on the date it is signed.
Khamtai SIPHANDON
Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
Article 1. Purpose
Article 3. Definitions
Terms that are used in this Law on Civil Aviation shall have the
following meanings:
1
Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
1
The term “policies” in this context takes the meaning of “privileges”.
2
Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
Part II
Civil Aviation
Chapter 1
Components of Civil Aviation
Chapter 2
Aircraft
Any aircraft that intends to fly within the airspace of the Lao PDR
shall be registered and shall have nationality and registration marks in
accordance with the laws of the Lao PDR or of the concerned 2 State.
2
The term “concerned” is used in the sense of “relevant”.
3
Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
When a person or organisation has duly registered its own civil aircraft
in the Lao PDR, the rights in such aircraft shall be recognised in accordance
with the relevant international conventions to which the Lao PDR is a party.
Article 13. Documents Carried Onboard the Aircraft and During Flight
1. Certificate of registration;
2. Certificate of airworthiness;
3. Licenses of each crew member;
4. Certificate of noise;
5. Aircraft communication license;
6. Journey logbook;
7. Flight manual and operations manual;
8. Load and trim sheet, list of passengers and their baggage, cargo
and mail manifest, and relevant insurance documentation for the
transport of passengers and cargo.
3
Readers may wish to refer to the Law on Lao Nationality for the distinction between aliens,
apatrids (i.e. persons unable to certify their nationality) and foreign individuals.
4
Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
Entries in any logbook are considered prima facie proof of the truth of
the circumstances that occurred in flight and form the basis for investigation 4
when there is a violation of laws and regulations, or orders or directives
relating to civil aviation.
4
The Lao word for “investigation” is a compound word: “investigation-interrogation”, where
investigation has the sense of inquiries through means other than the questioning of witnesses. Since
the English word “investigation” does not connote a similar exclusion or carve-out, the translators have
translated the compound word (and its variants) simply as “investigation”.
5
Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
Chapter 3
Aerodromes
Within the aerodrome surrounding area, the width and height [of such
aerodrome surrounding area], and height limitations on buildings and trees,
shall be determined to ensure the safety of flight, people’s lives and property,
and the environment.
6
Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
All civil aviation aerodromes in the Lao PDR shall be under the
management of the government of the Lao PDR by delegating authority to the
management organisation subject to assigned levels of management prescribed
in this law.
Chapter 4
Crew Members and Civil Aviation Technical Officers
5
This is a literal translation. The translators are unable to definitively resolve whether
“maintain” qualifies “aerodromes” (like operate) or “benefits”.
7
Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
Article 26. Standards for Crew Members and Aviation Technical Officers
The air carrier shall designate one pilot as the pilot-in-command for
each flight segment and another as his assistant who shall, when necessary,
assume command.
8
Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
The pilot-in-command shall have the principal powers and duties to:
In carrying out his duties, every individual crew member and technical
officer shall be the holder of a personal license issued by the Ministry of
Communication, Transport, Post and Construction.
Chapter 5
Air Traffic Control
Air traffic operating within the airspace of the Lao PDR shall strictly
comply with the air traffic rules of the Lao PDR consistent with the air traffic
rules established by the International Civil Aviation Organisation.
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Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
State or, if over the high seas, such rules established by the International Civil
Aviation Organisation.
Airway refers to a flight corridor with bearing, width and height limits
established by the government of the Lao PDR based on regulations of the
International Civil Aviation Organisation.
All aircraft shall strictly fly in an established airway, and never fly into
any prohibited area or enter into any danger area or restricted area. In the
event that an aircraft deviates from an airway, flies into a prohibited area, or
into a danger area or restricted area outside of the specified period and height,
the pilot-in-command shall promptly resume an authorised airway as ordered
by the air traffic controller. If not, the appropriate measures shall be applied to
that aircraft.
6
In the Lao language, the same word is used for “instruments”, “vehicles” and “means” in their
conceptual sense (e.g., “words are the vehicles of meaning”) and also to refer to physical, tangible
instruments and vehicles. Generally, the translators have used the more neutral “means” rather than
“vehicles”, which is likely to be understood as tangible, motorised vehicles, unless the context clearly
indicates that vehicles is intended.
10
Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
The government of the Lao PDR shall notify said foreign government
of the results of the investigation.
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Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
Chapter 6
Ensuring Flight Safety
Each air carrier shall have measures for the safety of passengers in
conformity with the standards specified in the operation manual. In addition,
the air carrier shall prepare and maintain the existing emergency equipment in
readiness for use at all times, such as: seat belts, breathing apparatus, life
jackets, pressurisation system, warning lights, first aid kits and other
necessities.
Article 39. Measures for the Safety of Baggage, Cargo and Mail
Each air carrier shall have measures for the safety of baggage, cargo
and mail by checking and properly securing [them] in conformity with
relevant regulations to ensure protection against damage or loss.
For the safety of human life, each aircraft must fly at the assigned
altitude. [There shall be] no acrobatic or training flights above densely
populated areas, unless specific authorisation is received from the Ministry of
Communication, Transport, Post and Construction on the basis of prior
coordination with the other concerned sectors 7 .
Each air carrier shall regularly inspect, maintain, repair, and use
equipment and aircraft in conformity with the prescribed regulations, so as to
maintain their airworthiness and readiness for use and the capacity to fly of the
aircraft, including having safety equipment such as fire extinguishers and
warning systems.
7
The term “sector” is used in many Lao laws to refer to the cluster of government ministries or
agencies engaged in a particular activity.
12
Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
1. Enter any restricted area in the aerodrome; or, while on board [any
aircraft], create any noise disturbance to other passengers, use any
electronic devices such as mobile telephones, personal computers
or radio transceivers, or take any photos without obtaining prior
permission;
2. Smoke in the aircraft or the non-smoking areas of an aerodrome;
3. Cause loss of life or injury to any passenger or other person;
4. Hijack or seize any aircraft;
5. Assault, intimidate, threaten or commit any such act that
endangers the safety or causes loss of life or damage to the
property of crew members, passengers and other people;
6. Bring unauthorised firearms, explosives, dangerous chemical
substances, live animals or other unauthorised substances onto the
aircraft without prior inspection from the relevant officers;
7. Forge, counterfeit, alter or falsely make any certificate or license
or other aviation document;
8. Intentionally perform any act that causes damage to the aircraft or
to the facilities at the aerodrome;
13
Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
Chapter 7
Fees and Service Charges
The State determines the rates of fees and service charges relating to
civil aviation.
8
Readers may wish to refer to Article 155 of the 2005 Amended Penal Law for more
information on this concept.
9
This term is intentionally broad. The apparent slight overlap with the next term is also
intended.
14
Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
assigned roles and duties, the management and utilisation of which shall
comply with the State Budget Law.
Part III
Civil Aviation Business
Chapter 1
Civil Aviation Business Operation
15
Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
Chapter 2
Air Transport
10
The Lao language does not require nouns to contain information as to whether they are
singular or plural. See Explanatory Notes 6(ii). This was an instance where the translators could not
resolve whether a term was intended to be singular or plural and have used the singular form.
16
Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
places outside the territory of the Lao PDR according to flight schedules and
then to return to the Lao PDR.
The air carrier has the obligation to transport passengers with baggage,
cargo and mail to the destination safely, without loss, damage, deterioration or
change in form.
Passengers, and cargo and mail owners, have the obligation to pay for
the transport as agreed. The detailed contents 11 and format of the agreement
shall be consistent with the relevant laws and regulations.
The tariffs for international air transport shall comply with agreements
that the Lao PDR has signed with foreign countries.
Chapter 3
Liabilities of Air Carriers
In each flight, the air carrier shall be civilly liable for damages to
passengers in the following cases:
The air carrier shall not be civilly liable or shall only be partly liable
for damages in the following cases:
11
This is a literal translation. The intention is to refer to “those matters that must be included”.
See Article 11 of the Contract Law for a similar use of “contents”.
17
Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
The air carrier shall be civilly liable for damages to the cargo or mail
owner in the event that the cargo or mail is lost, is damaged, is destroyed, has
deteriorated or is delayed.
The air carrier shall not be civilly liable for the damages so incurred
when caused by any of the following:
The air carrier shall be civilly liable for the damage caused by any
aircraft, aircraft operation, personnel, part of an aircraft or part attached to an
aircraft to individuals, other than passengers, who may be on board or outside
an aircraft, resulting in injury or loss of life or damage to their property.
In the event that a foreign aircraft causes injury or loss of life to any
individual outside of such aircraft or damage to his property within the
territory of the Lao PDR, the relevant laws of the Lao PDR shall be applied.
The air carrier shall not be liable under the above paragraph if it proves
that such damage was caused by the fault of the party concerned.
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Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
Part IV
Civil Aviation Management and Inspection
Chapter 1
Management
19
Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
20
Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
Chapter 2
Inspection
12
The translators are aware that there are subtle (and presumably intended) differences between
this clause 5 and Article 64(6).
21
Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
x Regular inspection;
x Inspection with advance notice;
x Emergency inspection.
Part V
Policies Towards Persons with Outstanding Achievement
and Measures Against Violators 13
13
The term “policies” is often used as an indirect way of referring to “incentives’ or “privileges” and
the term “measures” is often used as an indirect way of referring to “sanctions”.
22
Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
14
Here, “re-education” does not mean the same as “re-education without deprivation of liberty”
referred to in the Penal Law.
23
Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
Part VI
Final Provisions
This law shall enter into force after ninety days from the promulgating
decree of the President of the Lao People’s Democratic Republic.
All regulations or provisions that contradict this law are null and void.
Samane VIGNAKET
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