Rule · BOL · 20 Nov 2023
The Law on Payment System (Amended) defines the principles, regulations, and measures for the supervision and oversight of payment system activities in the Lao People’s Democratic Republic. It classifies payment systems into Systematically Important Payment Systems, Retail Payment Systems, and Payment Services, and establishes the Bank of the Lao PDR as the primary regulatory authority. The law outlines specific rights and duties for payment system operators and service providers, including requirements for licensing, risk management, and compensation for payment errors. It also regulates payment instruments, channels, and cross-border payments, mandating that electronic money be issued only in KIP and prohibiting the use of advanced money for credit provision.
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LAO PEOPLE’S DEMOCRATIC REPUBLIC
PEACE INDEPENCE DEMOCRACY UNITY PROSPERITY
President No. 003/P
Vientiane Capital, 05 January 2024
DECREE
OF THE PRESIDENT
OF THE LAO PEOPLE’S DEMOCRATIC REPUBLIC
ON PROMULGATION OF THE LAW ON PAYMENT SYSTEM
(AMENDED)
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LAO PEOPLE’S DEMOCRATIC REPUBLIC
PEACE INDEPENCE DEMOCRACY UNITY PROSPERITY
National Assembly No. 103/NA
Vientiane Capital, 20 November 2023
RESOLUTION
OF THE NATIONAL ASSEMBLY
ON ADOPTION OF THE LAW ON PAYMENT SYSTEM
(AMENDED)
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LAO PEOPLE’S DEMOCRATIC REPUBLIC
PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY
National Assembly No. 45/ NA
Vientiane Capital, 20 November 2023
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Law on Payment System
(Amended)
Part I
General Provision
Article 1 (Amended) Objective
This Law defines principles, regulations and measures on the supervision and oversight of the payment system’s activities in order to ensure the compliance, convenience, swiftness, safety, transparency, modernization and effectiveness of the activities with the aim to maintain the financial and monetary stability, to ensure the promotion of trade, service, investment, financial inclusion, and the ability of regional and international integration, contributing to the national socio-economic development.
Article 2 (Amended) Payment System
Payment system is the whole activities relating to payment services by using payment instruments, channels, and mechanism of the payment system operators and payment service providers.
Article 3 (Amended) Definition
Terms used in this Law shall have the meanings as defined below:
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6. Prepaid Card means a card which is required a stored amount of money onto
the card before using, and can be utilized based on the balance available in the card.
7. Advanced Money means an amount of money which payment service provider
received from end users, in the form of cash or deposit to exchange for electronic money that will be put onto the electronic money account, and subject to be waiting for payment order from the end users. The balance of advanced money shall be equal to the outstanding balance of the electronic money in the system;
8. Managements mean members of board of directors, directors, managers, or
other persons with equivalent position, and committees who having the rights on decisionmaking on all procedural operation of payment system;
9. Outsourcing Service Provider means a legal entity hired by Retail Payment
System Operator or Payment Service Provider to support in payment services operation and to partially manage the services on their behalf, such as information and technology system, operation, and key services.
10. Payment Business Operator means Retail Payment System Operator and
Payment Service Provider authorized by the Bank of the Lao PDR;
11. Card Reader Machine means a device for reading the card by swiping or
touching the card in order to make payment for goods or services.
12. Mobile Banking means a channel for financial transaction execution used by
individual or legal entity, who has deposit account with a bank, via mobile phone that installed with the program that can operate or process money transfer, credit payment, opening or closing of deposit account and other functions.
13. Internet Banking means a channel for financial transaction execution used by
individual or legal entity, who has deposit account with a bank, via electronic devices through the internet system in the form of web base for disbursement of salaries, wages, transfer of money to pay for raw materials used for manufacture, and others.
Article 4 (Amended) State Policy on Payment System
The State supports and promotes payment system development to be robust, modern, convenient, and safe by issuing coherent policy, developing infrastructure, providing human resources, funds, equipment as well as creating favorable conditions for payment system supervisory bodies and other relevant authorities as deemed appropriate. The State promotes individuals, entities, and organizations to participate in the development, management, and use of payment system in order to reduce the use of cash.
Article 5 (Amended) Principles of the Payment System’s Activities
The payment system activities shall comply with the following principles:
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5. Protect legitimate rights and interests of the service users.
Article 6 (Amended) Scope of Application
This Law applies to domestic and foreign individuals, entities and organization that operate or engage in the payment system activities of Lao PDR domestically and abroad.
Article 7 (Amended) International Cooperation
The State promotes and widely opens for cooperation with foreign country, regional and international on activities relating to payment system by sharing information, lessons learned, experience and technology, and developing human resource in order to supervise/oversee and modernize payment system aligned with international standards, in order to enable the interoperability with regional and international payment systems, complying with international treaties and conventions to which the Lao PDR is a Party.
Part II
Payment System
Section 1
Forms of Payment Systems
Article 8 (Amended) Type of Payment Systems
Payment systems consist of Three following types:
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Article 11 (New) Payment Service
Payment Service is a service of a payment service provider to facilitate the payment for goods or services, debts or other obligations through payment instruments, channels, and other mechanisms. The disruption and/or interruption of the system will cause impacts to the stability of the payment service provider and benefits of end users leading to the decrease of trustworthiness to the payment service provider.
Section 2
Payment Instruments and Channels
Article 12 (New) Payment Instruments
Payment instruments are as follows:
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Card is a card that used in payment for goods, services, debts, or other obligations, which is either bound or unbound with the deposit account or a line of credit of the cardholder, in the form of physical or virtual card. Card includes Debit Card, Pre-paid Card and Credit Card. Card payment may be conducted within the same or across networks of domestic and foreign payment service provider. Standards, principles, scope of use, and supervision of card payment service are provided in a specific regulation.
Article 16 (Amended) Electronic Money
Electronic money is the value of money stored in a form of the magnetic band, chip, program or other which issued by payment service provider according to the value of cash or deposit received from end users. Electronic money issued by Payment Service Providers in the Lao PDR shall be in KIP only. Electronic money service providers are prohibited to use the advanced money received from end users to provide credit by themselves, or through another financial institution, or to provide credit to their payment system operator. Terms and conditions on management of the advanced money are provided in a specific regulation.
Article 17 (New) Payment Channel
Payment channel is a form of accessibility to payment services set out by payment service provider, which comprised of:
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Article 19 (New) Cross-border Payment
Cross-border payment is the interoperability of payment system of the Lao PDR with the overseas payment system to facilitate payment services between resident-payers/payees residing in the Lao PDR and payers/payees residing in overseas. Cross-border payment can be made through Retail Payment System and/or Payment Service either in bilateral or multi-lateral form as authorized by the Bank of the Lao PDR. Payment Business Operator wishing to provide cross-border payment service has to obtain the license from the Bank of the Lao PDR. Types, conditions, and procedures of consideration and authorization for cross-border payment service are provided in a specific regulation.
Section 3
Payment Mechanism and Finality of Payment
Article 20 Payment Mechanism
Payment mechanism is process of payment consisting of:
1. Payment order;
2. Clearing;
3. Settlement.
Article 21 (Amended) Payment Ordering
Payment order is an issuance of money transfer order, via paper-based or electronic means, made by end user through a payment channel in order to exercise end users’ rights and obligations.
Article 22 Clearing
Clearing is the process of reconciling and arranging the value of transactions between the branches or agents of payment service providers within the same network or across through different networks in order to establish the final position for settlement. The clearing across different networks shall comply with regulations issued by payment system operator, who authorized by the Bank of the Lao PDR.
Article 23 Settlement
Settlement is the process of debiting funds from the payer’s account and crediting into the payee’s account. Settlement consists of Two types as below:
1. Gross settlement is a settlement of transaction on order basis, which has to be settled
according to the transferring order that occurs immediately upon receiving each payment order.
2. Net settlement is a settlement based on the net balance at a single or several times per
day after clearing as specified by payment system operator.
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Article 24 (New) Payment Finality
A payment will be considered as final only when the money in the payer’s account had been debited and credited into the payee’s account. Payment error is payment order sent by payer into the payment system which is either successful or unsuccessful, but an error occurred due to the interruption of the payment service provider’s system, mistake made by payment service provider or end user, such as name, account number, currency or the amount of money are incorrect.
Article 25 (New) Rectification of Payment Error
Payment error occurred due to the system interruption or by mistake made by payment service provider, the payment service provider has to rectify such error or to compensate the damage to end user in accordance with the law. Payment error occurred by mistake made by end user, the end user shall actively take actions to rectify such error by himself/herself, or propose payment service provider to provide information, to reconciliate or to rectify such error in accordance with the law. Payment system operator and payment service provider shall define the requirements and procedures of rectification of payment error.
Part III
Payment System Operator, Payment Service Provider and End User
Section 1
Payment System Operator and Payment Service Provider
Article 26 (Amended) Payment System Operator
Payment System Operator includes Systematically Important Payment System Operator and Retail Payment System Operator. The Systematically Important Payment System Operator is the Bank of the Lao PDR or the legal entity designated by the Bank of the Lao PDR to be the operator to provide clearing and/or settlement service for its members. The Retail Payment System Operator is financial institution who is in charge of clearing and/or settling of such retail payment system.
Article 27 (New) Rights and Duties of the Systematically Important Payment System
Operator
Rights and duties of the Systematically Important Payment System Operator are:
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3. To explore and define requirements on membership, rights, and duties of member of
the Systematically Important Payment System, including suspension and termination of membership;
4. To provide training, dissemination, and instruction on the Systematically Important
Payment System to members;
5. To establish risk prevention mechanism for liquidity risk, operational risk, and
information and technology risk;
6. To design and implement Business Continuity Plans and Contingency Plans;
7. To require members to pledge cash or deposit in order to mitigate liquidity risk;
8. To assess, evaluate and test on risks relevant to the Systematically Important
Payment System;
9. To monitor, examine members on the use of the Systematically Important Payment
System;
10. To exercise other rights and duties as stipulated in the law.
Article 28 (Amended) Rights and Duties of the Retail Payment System Operator
Rights and duties of the Retail Payment System Operator are:
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Article 30 (Amended) Rights and Duties of Payment Service Provider
Rights and duties of Payment Service Provider are:
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Conditions of the application for payment business operation are as below:
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Payment business operator shall comply with the principle of prudential requirement such as capital adequacy, risk control mechanism, internal corporate governance, and payment system’s security in accordance with the law and regulations as defined by the Bank of the Lao PDR.
Article 36 (New) Accounting
Payment business operator shall implement accounting standard together with implement the accounting chart in accordance with the Law on Accounting and regulations defined by the Bank of the Lao PDR. The accounting year of payment business operator begins from the 1 st January and ends on the 31st December of each year.
Article 37 (New) Financial Reports
Payment business operator shall prepare financial reports on monthly, quarterly, and annually basis which comprising of Balance sheet, Profit and loss statement, Cash flow statement, change in equity statement, and notes to financial reports.
Article 38 (New) Reporting
Payment business operator shall report its business operation according to the regulations and reporting forms as defined by the Bank of the Lao PDR.
Article 39 (New) Information Keeping
Payment business operator shall keep on all information, documents and/or electronic records related to its transactions to facilitate the inspection or operation that may occur. Information, documents and/or electronic records shall be kept at least for a period of Ten years following the completion of documents or transactions or expiration of contracts.
Article 40 (New) Audit
In every year, Payment business operator shall be audited by an external audit firm to certify the accuracy and completeness of accounting, financial reports, internal control system, and effectiveness of operation as well as to receive recommendation on remedial measures. Payment business operator shall select and hire external audit firm as defined by the Bank of the Lao PDR.
Section 4
Suspension and Revocation
Article 41 (New) Suspension of Payment Business Operation
Payment business operator is subject to be partially or wholly suspension of business operation by the following cases:
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3. Operating business beyond the scope of the license;
4. Failing to fulfill tax obligations and other obligations as stipulated in the law;
5. Violating law and regulations related to payment system.
In case the payment business operator failed to resolve and rectify issues pursuant to the warning notification, the Bank of the Lao PDR shall issue an order to suspend the business operation.
Article 42 (New) Revocation of Payment Business Operation License
Payment business operator is subject to having the business license revoked by the following cases:
1. Receiving the request from payment business operator;
2. Non-resolving and non-rectifying issues pursuant to the suspension order;
3. Handing the payment business license to other legal entity for use;
4. Having been sentenced by the court to be dissolved or bankrupted;
5. Failing to operate or unable to operate payment business regularly and continuously
for One year period after obtaining the license;
6. Severely violating the law and regulations on payment activities.
The Bank of the Lao PDR shall notify the revocation of payment business license to Ministry of Industry and Commerce to remove the operators’ names from the national enterprise database and shall inform the public through the mass media channels for Fifteen consecutive days from the date of revocation of payment business license.
Article 43 (New) Liquidation
Payment business operators, whom the licenses were revoked as prescribed in Article 42 of this Law, is subject to liquidation in the following cases:
1. In the case of voluntary license revocation, payment business operator has to priory
complete its liquidation, then the Bank of the Lao PDR shall proceed the license revocation;
2. In the case of license revocation according to Article 42, Clauses 2, 3, 5 and 6 of this
Law, the Bank of the Lao PDR is subject to appoint a liquidation committee to proceed the liquidation;
3. In the case of license revocation pursuant to the decision of the court as termination
or bankruptcy, the liquidation shall be proceeded accordingly with the concerned laws.
Section 5
End User
Article 44 (Amended) Service User
End User includes domestic and foreign individuals, legal entities and organizations who made financial transactions through payment system operator and/or payment service provider.
Article 45 (Amended) Rights and Duties of End User
Rights and duties of end user are as below:
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1. To get necessary information from payment system operators and/or payment
service provider;
2. To study, explore and learn how to use modern payment instruments;
3. To receive information on transactions from payment system operator or payment
service provider;
4. To use the payment instruments in accordance with terms and condition set out by
payment system operator or payment service provider;
5. To cooperate in the inspection carrying out by the Bank of the Lao PDR, payment
system operator or payment service provider;
6. To provide relevant information to payment system operator and payment service
provider for the purpose of resolving dispute on error payment;
7. To claim compensation for damage caused by any errors in using the payment
system;
8. To request payment system operator, payment service provider, the Bank of the Lao
PDR, the Office of economic dispute resolution or The People’s Court to consider and resolve the dispute;
9. To exercise other rights and duties as stipulated in the law.
Article 46 (Amended) Protection of End User
End user is subject to receive qualified, safe, transparent services, and be treated fairly and equally under the law, to be able to provide feedbacks and comments on payment services to payment system operator, payment service provider, or competent authorities, and to be rightful to receive legal protection on his/her rights and benefits.
Part IV
Prohibitions
Article 47 (Amended) General Prohibitions
Individuals, legal entities and organizations are prohibited to:
1. Operate payment business without obtaining license;
2. Make false references or misleading advertisements that cause damage to payment
system, end user and the society;
3. Abuse payment system or giving their own payment instruments to other individual
or legal entity to use in illegal activities;
4. Abuse payment system or making transactions that cause disruption to financial and
monetary stability;
5. Refuse, hinder, provide false information, or refusing cooperation to the Bank of the
Lao PDR or relevant authorities in carrying out their missions;
6. Disrupt payment system and/or causing damage to functional operation of the
system and/or end user;
7. Other behaviors that violate the law.
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Article 48 (Amended) Prohibitions for Payment System Operator
Payment system operator is prohibited to:
1. Disclose end user’s information without consent or permission;
2. Operate payment system without license and permission;
3. Apply unauthorized technology into payment system;
4. Withhold, delay, or conceal information relating to payment system;
5. Modify, falsify document or information relating to transaction or payment system;
6. Provide incomplete, untrue information as well as late report or non-report;
7. Refuse the cooperation in the inspection carrying out by the Bank of the Lao PDR or
relevant authorities;
8. Other behaviors that violate the law.
Article 49 (Amended) Prohibitions for Payment Service Provider
Payment service provider is prohibited to:
1. Provide payment service beyond the scope of the license;
2. Issue payment instruments without permission;
3. Apply unauthorized technology into payment service;
4. Provide payment service inconsistent with information disclosed or advertisement;
5. Disclose confidential information of individual, legal entity, or organization without
consent or permission;
6. Withhold, delay, or conceal information relating to payment activities;
7. Modify, falsify document or information relating to transaction or payment
activities;
8. Refuse the cooperation in the inspection carrying out by the Bank of the Lao PDR,
payment system operator or relevant authorities;
9. Provide incomplete, untrue information as well as late report or non-report.
10. Other behaviors that violate the law.
Article 50 (Amended) Prohibitions for End User
End user is prohibited to:
1. Abuse the payment system in illegal activities;
2. Defame payment system operator and/or payment service provider;
3. Refuse the cooperation in the inspection carrying out by payment system operator,
payment service provider, the Bank of the Lao PDR, and relevant authorities;
4. Provide false information to payment service provider;
5. Disrupt payment system and/causing damage to functional operation of the system
and/or another end user;
6. Other behaviors that violate the law.
Article 51 (Amended) Prohibitions for Officers and relevant Authorities
Officers and relevant authorities are prohibited to:
1. Disclose information of individual, legal entity, or organization without consent or
permission;
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2. Abuse their position in order to seek for benefits for themselves, their families,
and/or parties;
3. Withhold, delay, or conceal information relating to payment system;
4. Demand or asking for, taking, or giving bribes or other benefits in return;
5. Other behaviors that violate the law.
Part V
Supervision and Inspection of Payment System Activities
Section 1
Supervision of Payment System Activities
Article 52 (Amended) Supervision body of Payment System Activities
The Government centrally and unanimously supervises payment system activities across the country by assigning the Bank of the Lao PDR to take direct responsibility and to be the central agency to collaborate with relevant ministries, organizations, local administrative authorities, and other sectors.
Article 53 (Amended) Rights and duties of the Bank of the Lao PDR
Rights and duties of the Bank of the Lao PDR on payment system supervision and oversight are:
Unofficial Translation and oversight;
13. To collaborate with relevant ministries, organizations, local administrative
authorities, and other sectors, domestically and globally, in order to define on mechanisms, to assess and to oversee cybercrime;
14. To coordinate with relevant sectors, domestically and globally, to define on
directives and implementation plans, to assess and to monitor payment system activities in an effective manner;
15. To summarize and report the activities of payment system to the Government on a
regular basis;
16. To exercise other rights and duties as stipulated in the law.
Article 54 (New) Rights and Duties of relevant Ministries, Organizations, Local
Administrative Authorities, and other Sectors
Relevant ministries, organizations, local administrative authorities, and other sectors have the rights and duties to cooperate and coordinate with the Bank of the Lao PDR in payment system supervisory in accordance with their roles and scope of responsibilities.
Section 2
Inspection of Payment System Activities
Article 55 (Amended) Inspection Body of Payment System Activities
Inspection bodies of payment system are:
1. An internal inspection agency which is the same organization as prescribed in
Article 52 of this Law;
2. An external inspection body which includes National Assembly, Provincial people’s
councils, State Inspection Authority, State Audit Authority, Lao Front for National Construction, Lao Veterans Federation, and Mass Organizations.
Article 56 (Amended) Contents of Inspection
Contents of payment system inspection are:
1. Implementation of law and regulations on payment system;
2. Management, service operation, and the use of payment system, including payment
instruments, channels, and mechanisms;
3. Internal charters on payment service such as fees and service charges collection of
payment system operator and payment service provider;
4. Service providing location, equipment, machine, accounting record or other
document related to accounting and transaction of payment system operator and payment service provider;
5. Contract on external supplier and outsourcing service provider recruitment;
6. Other contents as deemed necessary.
Article 57 (Amended) Forms of Inspection
Unofficial Translation
Payment system inspection consists of Three forms as below:
1. Regular Inspection is conducted on regular and periodic basis;
2. Advance Notification Inspection which is an unplanned operation in case of
necessary;
3. Emergency inspection which is an urgent and unplanned inspection without advance
notification.
Payment system inspection shall strictly comply with the law.
Article 58 (Amended) Cross-border Inspection
The Bank of the Lao PDR collaborates with relevant competent authority of host country to conduct cross-border inspection as below:
1. Subsidiary, branch, unit, agent, and representative office of Lao’s cross-border
payment business operator operating abroad;
2. Foreign affiliate company which has subsidiary, branch, unit, agent, and
representative office operating payment business in the Lao PDR.
Part VI
Reward Policy for Good Performers and Measure Against Violators
Article 59 Reward policy for good performers
Individual, legal entity, or organization having outstanding performance in the implementation of this Law shall be entitled to receive award or other benefit in accordance with regulation.
Article 60 (Amended) Measures against Violator
Individual, legal entity, or organization that violates this Law is subject to being reeducated, warned, disciplined, fined as well as having civil damage compensation or criminal penalty in accordance with the laws.
Part VI
Final Provision
Article 61 Implementation
The Government of the Lao PDR implements the law.
Article 62 (Amended) Effectiveness
This Law is effective from the 15th January 2024 following the issuance of promulgation decree of the President of the Lao People’s Democratic Republic and the dissemination on the official gazette. This Law replaces the Law on Payment System, No. 32/NA, dated 17 November 2017.
Unofficial Translation
President of National Assembly
Dr. Xaysomphone Phomvihane
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“This Law replaces the Law on Payment System, No. 32/NA, dated 17 November 2017.”
“Pursuant to the Constitution of Lao People’s Democratic Republic, No. 63/NA, dated 8 December 2015, Article 53, Clause 1,”
“Pursuant to the Law on Amendments of some Articles of the Law on National Assembly and the Law on Provincial People Assemblies, No. 82/NA, dated 30 June 2020, Article 11, Clause 1.”
“Pursuant to the Proposal Letter of the National Assembly Standing Committee, No. 33/SC, dated 20 December 2023.”
“Pursuant to the Proposal Letter of the National Assembly Standing Committee, No. 33/SC, dated 20 December 2023.”
“Pursuant to the Resolution of the National Assembly, No. 103/NA, dated 20 November 2023, adopting of the Law on Payment System (Amended);”
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