Zone 3: Investments in Zone 3 will be entitled to a profit tax exemption for 2 years and thereafter will be subject to a
reduced profit tax rate of half of twenty percent for 2 years and thereafter a profit tax rate of twenty percent (20%).
Under this law, profit tax exemption starts from the date of the foreign enterprise's commencement of business operations. For some tree plantation activities, profit tax exemption commences from the date the enterprise starts making a profit. Once the profit tax exemption period is over, the foreign investment enterprise shall pay profit tax in accordance with the laws and regulations.
In addition to the above incentives, foreign investors are entitled to the following incentives:
(1) During the tax exemption period and during the tax reduction period, the enterprise is entitled to an exemption of minimum tax.
(2) The profit used for the expansion of licensed business activities will be exempted from profit tax during the accounting year.
(3) Exemption of import duties and taxes on equipment, spare parts, vehicles directly used for production, raw materials which do not exist domestically or exist but are insufficient, semi finished products imported for manufacturing or for processing for the purpose of export.
(4) Exemption of export duty on export products.
Another attractive feature of this law is that raw materials and semi-finished products imported for manufacturing or assembly for import substitution will be exempted from import duties and taxes or will be subject to reduced rates of import duties and taxes.
SEZs, Industrial Zones, Border Trade areas and other specific economic zones shall follow the laws and regulations of such specific areas.
6.1 Investment Incentives of the Savan-Seno Special Economic Zones (SSSEZs)
In collaboration with the Asian Development Bank, the Lao government decided to establish a first Savan-Seno Special Economic Zones (SSSEZs) in Savannakhet province of Laos. The objectives of the establishment of the SSSEZs are as follows:
(1) To develop the SSSEZs as a trade and service hub of the EWEC;
(2) To develop bases for the industrialisation and modernisation of Laos;
(3) To make use of the vantage ground and strategic location of this SSSEZs to attract and promote investment; and (4) To create jobs for, and upgrade know-how and skills of the Lao servant-labour.
Economic sector zones promoted in the Zone are as follows:
(1) Export (oriented) processing zone;
(2) Free trade Zone; and
(3) Free Service and logistics centre.
Many incentives are available to investors who wish to invest in the SSSEZs. The main incentives are the exemption of taxes such as: Exemption of turnover tax, exemption of utilization (consumption) tax and exemption of minimum tax. Table 1 lists the main special investment incentives of the SSSEZs. Other special investment incentives are shown in Appendix 1.
With regard to the SSSEZs, there is the Prime Minister’s Decree No.177/PM on the management regulations and incentive policies, dated 13 November 2003. The SSSEZA authorises licensing of investment in the zone and provides investors and developers with all the necessary facilities and assistance, including processing of their investment request through a One-Stop service. The SSSEZA also has the full responsibility in the management, design and construction of the zone. The approval or rejection of application and granting of investment license would be within 5 working days (United Nations, 2005, p.41).
6.2 Non-Tax Incentives
Under the FDI Law, the government does not offer incentives of import protection (increasing duties or banning imports) for import substituting investments and it does not provide measures to restrict further entry to reduce competition for investors (DDFIL, 2003). Appendix 1 lists all non-tax incentives available in Laos.
7. Intellectual Property Rights Protection
Since 1999, the Science, Technology, and Environment (STEA) Agency has been responsible for the protection of Intellectual Property Rights (IPR) in Laos. It is also responsible for drafting Industrial Property Laws, and isresponsible for the country’s ability to adhere to conventions and international protocols. Laos became a member of the World Intellectual Property Organisation (WIPO) in 1995 and the Paris Convention (Industrial Property) in 1998, and has also been accepted international assistance in drafting an IPR law. Laos is planning to join the Association of South-East Asian Nations (ASEAN) trademark and Patent Common Filing system (United Nations, 2005, p.48). Laos’ IPR enforcement in protecting trademark and copyright materials is rather weak. It appears that STEA lacks the power to arrest persons for the use of unauthorised patents and trademarks, and appears to have no coordination with the police. Implementation of trademark and copyright regulations are still lacking. However, the IPR law is being developed, and multilateral institutions and private consultants are assisting the Lao government with establishing of an intellectual property system in the country. Laos became a member of the ASEAN Common Filing System on Patents in 2000, but lacks qualified patent examiners. A decree protecting patents, petty patents, and industrial designs was approved in January 2002. At present, no system exists for issuing copyrights. However, a draft copyright law was developed in 2005 (U.S Trade, 2005, p.20).
8. Legal Constraints
Laos’s legal system is inadequate in many respects. Existing legislation lacks consistency and implementing regulations. Following are some of the legal barriers to foreign investment in Laos:
8.1 Services Constraints
The Central Bank of Laos (BOL) and two state-owned commercial banks are the major banks of the domestic and foreign banks in Laos. At present, there are six foreign banks in Laos, which offer limited services primarily to foreigners. It appears that the majority of foreign banks are operating in Vientiane, which severely impacts on their competitiveness in providing financial services to the South of Laos where business is concentrated. There is also the lack of regulatory supervision of the SOCBs, where enforcement of prudential guidelines is ineffective and standards for credit worthiness are low. There is also the need for laws and regulations for loan collection and collateral enforcement, in order to improve the financial sector (U.S Trade, 2005, p.20).
Legal: Enforcement in the laws and regulations of Laos remains a significant challenge to the government of Laos. Foreign attorneys are not prohibited to represent clients in Lao courts. Many areas of business and finance are not yet covered by viable statutes. Therefore, Laos requires assistance from international organisations to develop the legal sector, and new laws are gradually updating prevailing in draft form.
Accounting: Generally, foreign accounting firms may not operate in the field of accounting in Laos. However, one international accounting firm does offer auditing (rather than accounting).
Foreign exchange system: There are no restrictions on foreign exchange within Laos, nor are there any legal limits on remitting foreign exchange abroad. There are practical limitations, however, in that the availability of foreign exchange is sometimes limited, which inconveniences large single-sale and large-volume businesses, such as those selling heavy equipment or fuel and petroleum products, both areas in which American businesses currently operate (U.S Trade, 2005, p.20).
8.2 Investment Constraints
Laos is faced with challenging investment environment due to the lack of unclear regulations, mix of Chinese and Vietnamese law styles, inefficient infrastructure and services in the financial services. FDI is not accurately reported by the Lao government (the official figures show approved, not actual investments), and real investment levels are therefore difficult to estimate. The real level of foreign investment is probably higher than the official estimates.
The Law on the Promotion and Management of Foreign Investment of Laos is very basic. Laos’s legal system lacks consistency and implementing regulations. For example, import duties and tax exemptions, supposedly guaranteed to foreign investors, are not reflected in either customs or tax law. Multilateral institutions and private consultants are assisting the Lao government implementing regulations, including the FDI law. However, it appears that bureaucracy often obstructs this process. In addition, international donors are helping Laos’ accession to the World Trade Organisation (WTO). This also assists commercial law of Laos into conformity with WTO standards, and may promote greater transparency and consistency in the legal and regulatory of FDI law in Laos (American Embassy, 2005, p.17-20).
Dispute arbitration and mediation in Laos are vaguely defined. The United States has recommended Laos to move from a business licensing to a business registration system, through the Industrial Processes Law. For example, the industrial processes law requires manufacturers to apply for permission to make minor changes to their methods of production. There is the lack of clarity in the tax law in Laos, in which foreign investors complain that taxes areoften assessed in an inconsistent manner. The tax code was constructed and simplified in January 1999, and revised in 2002-2003. However, some investors still report significant difficulties in obtaining tax certifications and clearances in a timely manner (U.S Trade, 2005, p.20).
8.3 Electronic Commerce Constraints
There is no law governing e-commerce, nor does the Lao government recognise the need for developing a dispute resolution in Internet/E-commerce transactions. Internet is available in all major towns of Laos, though not widely used in the country.
8.4 Other Constraints
The Prime Minister’s Office issued an anti-corruption decree in November 1999, but implementation remains low.