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Registration of Document

ການຈົດທະບຽນເອກະສານ

General information
Name of formality Registration of Document
Type of formality Registration
Date of last modification 05.01.2018
Responsible Authorities State Asset Management Department
LSIC All sectors
Who should complete this business formality?
Any individual or the legal entity that intends to effectuate the registered documents under Lao PDR laws.
Qualifications needed by the business to get the formality
All documents submitted for registration shall in compliance with the laws and shall be certified by the relevant authorities as well as always attaching copies of the enterprise registration certificate and the tax registration certificate.
Additional Comment

                                                    

LEGAL FRAMEWORK
Name Number Date Comment
Law on State Property 14/NA 05.07.2012
Presidential Ordinance on Fees and Service Fees 003/PO 26.12.2012 Article 6
Instruction on the Implementation of Law on State Property 699/MOF 19.03.2015
Notice on the Implementation of the Fine Penalty to the Violator who Delays (of more than 7 days) to Submit the Payment to the State Property 1173/MOF.PSO 18.05.2016 ""
Notice on the Streamlining the Mechanism, and Procedures between the Registration of Document of Finance Sector and the Issuance of the Tax Registration Certificate 1618/MOF 30.05.2019
Decree on Document Registration 52/PM 13.03.1993 Article 1, 2.

REQUIRED DOCUMENTS FORMALITIES - First time
Name Type Comment
Registration of documents that are under a flat rate of 40.000 LAK per time listed below Confirmative act
                                                                        I. The procedures of the registration of the business establishment are as follows:
1. Proposal (to the State Asset Management Department)
2. Complete documents for the enterprise registration certificate as certified by the Industry and Commerce sector (3 sets of original and colored photocopies)
3. Complete documents for the domestic investment license as certified by the Planning and Investment sector (3 sets of original and colored photocopies)
4. Certificates applied with the relevant sectors
5. The list of the enterprise’s assets (attached documents certified regarding each type of assets)
6. Power of Attorney (in case of processing on behalf of others)
7. Other documents related to the application for the business operating license

II. Registration of loan agreements; debt transfer documents; guarantee agreements; contracts on the assignment or transfer of business operations: commercial, production, service undertakings and sale of shares; and insurance contracts. The supporting documents requested as follows:
1. Proposal (to the State Asset Management Department)
2. Complete documents for the enterprise registration certificate as certified by the Industry and Commerce sector (3 sets of original and colored photocopies)
3. Complete documents for the domestic investment license as certified by the Planning and Investment sector (3 sets of original and colored photocopies)
4. Certificates applied with the relevant sectors
5. The list of the enterprise’s assets (attached documents certified regarding each type of assets)
6. Power of Attorney (in case of processing on behalf of others)
7. Other documents related to the application for the business operating license 
Required documents under the absolute rates for the collection of registration fees that are based on the values of the assets Confirmative act
                                                                        I. The procedures of the registration of rental contract and re-rental contract of moveable and immoveable properties are as follows:
1. Proposal to the State Asset Management Department
2. Rental and re-rental contracts (3 sets of original copies indicating the value of the properties in the contract)
3. Other supporting documents

II. The procedures of the registration of the concession contract for natural resources are as follows:
1. Proposal to the State Asset Management Department
2. Concession contract for natural resources (3 sets of original copies indicating the value of the properties in the contract)
3. Other supporting documents

III. Transfer of Ownership: the registration of contracts and registration of state vehicle using a state capital (budget). The supporting documents requested as follows:
1. Proposal to the State Asset Management Department
2. The Agreement of the Minister
3. The minutes of the Bid and Quotation (signed by the bidding committee as defined in the regulation)
4. The Purchase-Sales Agreement (3 sets of original copies indicating the value of the properties in the contract)
5. A copy of the enterprise registration certificate and the annual tax registration of the company/shop
6. Certificate of Taxation or Tax-Exemption of the Customs Department
7. Vehicle import license (Ministry of Industry and Commerce)
8. The technical permit of the Department of Transportation
9. Registration Form (Purchased at the Department of the State Asset Management)
10. Other supporting documents

IV. Transfer of Ownership: the registration of the state materials and equipment using the state capital (budget). The supporting documents requested as follows:
1. Proposal to the State Asset Management Department
2. The Agreement of the Minister
3. The minutes of the Bid and Quotation (signed by the bidding committee as defined in the regulation)
4. The Purchase-Sales Agreement (3 sets of original copies indicating the value of the properties in the contract)
5. A copy of the enterprise registration certificate and the annual tax registration of the company/shop
6. Other supporting documents

V. Transfer of Ownership: the registration of employment contracts, materials, and equipment of the project (aid and loan)
1. Proposal to the State Asset Management Department (checked by the National Treasury, and the External Finance Department)
2. The Agreement of the Minister
3. The minutes of the Bid and Quotation (signed by the bidding committee as defined in the regulation)
4. The Purchase-Sales Agreement (3 sets of original copies indicating the value of the properties in the contract)
5. A copy of the enterprise registration certificate and the annual tax registration of the company/shop
6. Certificate of Taxation or Tax-Exemption of the Customs Department
7. Vehicle import license (Ministry of Industry and Commerce)
8. Permit for Importing Vehicle (Ministry of Industry and Commerce)
9. The technical permit of the Department of Transportation
10. Registration Form (Purchased at the Department of the State Asset Management)
11. Other supporting documents

VI. The procedures of the registration of the construction and repair contract
1. Proposal to the State Asset Management Department
2. The Agreement of the Minister and the work order.
3. A minutes of the Bid and Quotation (signed by the bidding committee as defined in the regulation)
4. The construction and repair contract (5sets of original copies indicating the value of the properties in the contract) (if the contract is written in a foreign language, it shall attach a Lao translation of the contract)
5. The quotation (via the Ministry of Public Works and Transport)
6. The inspection record of the committee
7. Copies of a business operating license, enterprise registration certificate, and annual tax registration of the company

VII. The procedures of registration of the contract of transferring an asset into enterprise capital
1. Proposal to the State Asset Management Department
2. The list of Assets (list of each type of assets)
3. Summary of the list of assets or registered assets
4. The enterprise registration certificate
5. Certificate of Tax Registration
6. The location certificate

VIII. The procedures of the registration of capitalization contract to operate businesses
1. Proposal to the State Asset Management Department
2. Delivery Note (from the Industry and Commerce sector)
3. Enterprise Registration Certificate
4. Approval of the Name of the Enterprise
5. The company’s regulation
6. Establishment contract (for company limited)
7. Application for the enterprise registration certificate (from the Industry and Commerce)
8. Location certificate
9. The minutes of a meeting of the company establishment (complete documents from the Industry and Commerce sector)
10. Power of Attorney (in case it is proceeded by individual or broker)
11. Other documents (If any)

IX. All Type of Contracts
1. Loan contract or property borrowing contract (2-3 original copies)
2. Debt transfer document (2-3 original copies)
3. Contract on the assignment or transfer of business operations: commercial, production, service undertakings and sale of shares (2-3 original copies)
4. Insurance contracts (2-3 original copies)
5. Guarantee contract (moveable asset) or individual (2-3 original copies)
 

REQUIRED DOCUMENTS FORMALITIES - Renew
Name Type Comment
 
Mean of presentation
Means of presentation At the Authority Offices
Address of authority State Asset Management Department, Ministry of Finance
Processing Time (Day(s)) 2 The relevant law does not define the timeframe for the review and registration process, but the authorities informed that it would normally take 2 working days - Submitting the documents to the reception unit, then sending them to the relevant department for the verification of the details. After that, they will issue the payment order to the registration unit for printing to be signed by the director and deputy director general level as well as by the director of the division of Legal and Monitoring, and getting a stamp in accordance with the regulation. Then, the payment order will be delivered to the entrepreneur in order to make a payment at any bank or via BCEL One. - After the entrepreneur makes the payment and receives the certificate of delivery from the bank, it will be sent to the registration authority to be stamped and signed by the director and deputy director general level as well as by the Director of the Division of Legal and Monitoring in accordance with the regulation, then it shall be sent to the entrepreneur (within 1 day if the payment is made).
 
RENEWAL INFORMATION
Does the formality have a validity or an expiration date? NO
How long will the formality be valid for? (in months) 0
What is the process and conditions to get the formality?
What is the process and conditions to renew the formality?
 
ISSUING FEES
Has application fees? Service fees Certificate fees Application fees Total fees
YES 20000.00 0.00 10000.00 30000.00
Comments
The registration fee is specified in Article 6 of the Decree No. 003\PO, dated 26 December 2012, as follow:

1. The fee for the issuance of the license requiring a specific invoice which is 30,000 LAK per time

The fee for the document registration shall be collected at a flat rate of 40,000 LAK per time, as listed below:
- A document on the transfer of inheritance ownership (moveable assets);
- A postponement of debt payment or continuation of guarantee (movable
assets);
- Other documents that are not subject to registration, but the owner applied for
registration (moveable);
- A memo of the dissolved company on the distribution of capital to its partner/s;
- A memo on the distribution of assets to co-owners;
- A contract of a purchase-sales of animals, or all kinds of agricultural products;
- A company's regulation
- A debt settlement contract;
- A mortgage contract;
- A contract amendment;
- Assignment letter to acting on behalf of another;
- A guarantee by moveable assets;
- A marriage property distribution document.

3. Absolute rates for the collection of registration fees are based on the value of assets are as follows:
- Rental contract and re-rental contract of moveable and immoveable properties are subject to a fixed registration fee according to the value: For a rental contract, the initial fee is 40,000 LAK to 500,000 LAK; for the re-rental contract, the initial fee is 20,000 LAK to 150,000 LAK.
-  For natural resources concession contracts are subject to a fee based on the value of the contract. For exploration, the initial fee is 60,000 LAK to 30,000,000 LAK. For business operation, the initial fee is 1,000,000 LAK to 50,000,000 LAK.
- The transfer of ownership is charged according to the contract value. For the purchase-sales contract of the vehicle per unit, all kinds of
equipment and machines, the initial fee is 25,000 LAK to 2,000,000 LAK. For the purchase-sales contract of the vehicle per unit, all kinds of
equipment and machines used in Lao PDR; the purchase-sales of sawn timber, semi-finished timber, and finished timber for export; the purchase-sales of logs, branches, and rootstock for export; the purchase-sales of timber for domestic processing; the initial fee is 50,000 LAK to 3,000,000 LAK.
- The contract of transferring an asset into enterprise capital in the form of vehicles, machinery, money or materials, and equipment that is not land is charged according to the value of the property, the initial fee is 20,000 LAK to 120,000 LAK.
- The capitalization contract to operate businesses is subject to a fee based on the registered capital, the initial fee is 200,000 LAK or 500,000 LAK.
- All type of contracts is charged according to the value of the contract. For a loan contract or property borrowing contract, the initial fee is 10,000 LAK to 100,000 LAK. For a debt transfer document, the initial fee is 20,000 LAK to 200,000 LAK. For a contract on the assignment or transfer of business operations: commercial, production, service undertakings, and sale of shares, the initial fee is 15,000 LAK to 100,000 LAK. For insurance contracts, the initial fee is 10,000 LAK to 50,000 LAK. For a guarantee contract (moveable asset) or individuals, the initial fee is 5,000 LAK to 20,000 LAK. For a surveying and designing service contract, the initial fee is 5,000 LAK to 20,000 LAK.
- Contracts for the construction, repair, design, construction monitoring, vehicle repair, and other services are charged according to the project value, the initial fee is 20,000 LAK to 125,000,000 LAK.
 
RENEWAL FEES
Has renewal fees? Service fees Certificate fees Renewal fees Total renewal fees
NO 0.00 0.00 0.00 0.00
Comments

                                                    
     
 

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