Law on the Protection of the Rights and Interests of Children

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Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR

LAO PEOPLE’S DEMOCRATIC REPUBLIC
PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY
________________

President’s Office No. 04/PO

DECREE
of the
PRESIDENT
of the
LAO PEOPLE’S DEMOCRATIC REPUBLIC

On the Promulgation of the
Law on the Protection of the Rights and Interests of Children

Pursuant to Chapter 6, Article 67, point 1 of the Constitution of the Lao People’s
Democratic Republic adopted by the National Assembly;

Pursuant to Resolution No. 05/NA, dated 27 December 2006, of the National
Assembly of the Lao People’s Democratic Republic on the adoption of the Law on the
Protection of the Rights and Interests of Children; and

Pursuant to Proposal No. 04/NASC, dated 10 January 2007, of the National
Assembly Standing Committee.

The President of the Lao People’s Democratic Republic
Decrees That:

Article 1. The Law on the Protection of the Rights and Interests of Children is
hereby promulgated.

Article 2. This decree is effective from the day it is signed.

Vientiane, 16 January 2007
President of the Lao People’s Democratic
Republic

[Seal and Signature]

Choumaly XAYASONE

Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR

LAO PEOPLE’S DEMOCRATIC REPUBLIC
PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY
________________

National Assembly No. 05/NA
27 December 2006

LAW ON THE PROTECTION
OF THE
RIGHTS AND INTERESTS OF CHILDREN

Part I
General Provisions

Article 1. Objectives

The Law on the Protection of the Rights and Interests of Children defines
principles, rules and measures relati ng to the administration, monitoring and
inspection of the implementation of the pr otection of the rights and interests of
multi-ethnic children, including measures against those committing offences
towards children, in order to ensure that children are whole in body, mind and
spirit
1, so that children have good attitude, knowledge and ability and are abl
e to
have good lives in the society and become good successors of the nation.

Article 2. Definitions

The various terms used in this la w shall have the following meanings:

1. A child is any person below 18 years of age;
2. Children in need of special prot ection means those who are half-
orphaned, orphaned, abandoned, neglected or without parental care;
children who are victims of physical abuse, sexual abuse,
prostitution, human trafficking; children who work in hazardous
conditions seriously affecting their life or health; exploited and
displaced children; drug-addicted children; children affected by
HIV/AIDS; and children adversely affected by legal proceedings;
3. Disabled children means children who are not whole in body, mind or
spirit so as to cause suffering and affect their growth and

1 The literal translation of this term is “perfect in physical, moral and mental health conditions”.
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Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR

development. Such disability may exist at the time of birth or after the
birth of the child;
Neglected children means children whose parents or guardians do not
provide care, educ
4. ation, encouragement, and conditions necessary for
5.
8. abused children means ch ildren who have been beaten or
aned or orphaned due to
11. to support or facilitate the developm ent of their knowledge
12. s suspects, defendants or convicted persons;
sistance to children in need of special
15. ild, sexual abuse against a child, or incitement of a child
16. ensure that children live, grow up, have access to
17. children who are in danger, to respond to the
18. ural re-education of children, including

the development of the children, such as: health, sufficient and
hygienic nutrition, safe shelter, education, and moral development,
based on the economic condition of the family;
Abandoned children means children whose parents or guardians do
not provide guardianshi p, care and upbringing;
6. Half-orphaned child means a child whose father or mother is
deceased;
7. Orphaned child means a child whos e parents are both deceased;
Physically-
tortured by their parents, guardians or other persons;
9. Sexually-abused children means childre n who have been raped, or are
victims of sexual rela tionships or obscenity;
10.Children affected by HIV/AIDS mean s children who are infected with
HIV/AIDS, children who have been half-orph
HIV/AIDS, or children living with an HIV/AIDS positive family
member;
Disadvantaged children means children who lack the conditions
necessary
and abilities;
Child offenders means children who are subject to criminal
proceedings: a
13. Guardians 2 means persons who have res ponsibilities towards children
similar to their parents’;
14. Social workers means persons who are appointed by relevant State
agencies to provide as
protection;
Child torture means any act or om ission that physically or morally
harms the ch
to commit a crime or to do something that physically or morally
harms the child;
Child protection means the activiti es performed by individuals or
organisations to
development of good attitudes, k nowledge and abilities, receive
protection of rights and interests, and are able to efficiently participate
in social activities;
Assistance to children means activiti es performed by individuals or
organisations to help
needs of children, to reintegrate children into their families and enable
them to adapt to society;
Vocational training centre for child offenders means a centre for the
ideological and behavio
2 This is a reference to persons formally appointed as guardians under Chapter 3 of the Family Law.
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Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR

providing professional training aimed at changing them to good
members of society;
Investigation
19.

Article 3.
following basic rights:
moral development;
. To be registered at birth, have a first name and family name and to
s necessary to protect the child’s interests;
fessional traini ng, labour skills and employment;
7. d to be protected from
8.
9. tection in legal proceedings;

Article 4.
hild shall be the deciding factor in making
decisions, in particular a bout issues relating to ch ild care, appointment of
guardia

Article ren

in responsibilities:
y members, teachers,
leaders, and elders, and the rights of others;
3 means investigation in juvenile cases.
The Rights of the Child

Every child shall have th e
1. [To have] a safe life and suitable physical and
2
acquire a nationality;
3. To be recognised and cared for by parents, and not to be separated
from parents unless it i
4. [To have] access to health care, me dical treatment and rehabilitation
of health when ill;
5. To obtain education so that they can have good attitudes, knowledge,
abilities, talents, pro
6. [To have rights to] speech and to th e expression of [their] opinions; to
socialise and exchange good experiences with other children; to
participate in social, artistic, literary, sports and recreational activities
that are appropriate for the age of the child;
To have access to and learn informa tion that is suitable for the age
and level of development of the child an
harmful information;
To be protected from all forms of physical and moral abuse;
To receive special pro
10.To obtain other rights as stipulated in the laws.
Best Interests of Children

The best interests of the c
ns, adoption, education, medical treatment and the conduct of criminal
proceedings against [the child].
5. Responsibilities of Child
Children have the following ma
1. To respect their parents, guardia ns, famil
3 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”.

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Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR

2. To help their parents, families, friends, elderly persons and disabled
persons according to their abilities;
3. To study diligently and achieve at least primary education, and to
strictly observe school rules;
4. To care for their [own] health an d hygiene, and to protect public
property and the environment
;
on, and respect fine national culture and
7.

Article 6.
out discrimination of any kind in
respect of gender, race, ethnicity, language, beliefs, religion, physical state and
socio-e

Article
ily shall create conditions for children to
participate in various activities and to e xpress their views in all matters affecting
them. T

Article
rtance of children in the protection and
development of the nation. The State sha ll[:] formulate policies on education and
buildin

Article lity of Society
The society has the respons ibility to contribute to the physical and mental
building and development of children, es pecially to participate in building
facilities for treatment and education, [to contribute] in the activities of sports,

5. To respect and implement the Constitution, and the laws and
regulations of the State;
6. To be honest, patriotic, love th e nation, love persons having good
deeds towards the nati
customs;
To contribute to social activities based on their individual abilities.
Non-Discrimination against Children

All children are equal in all aspects with
conomic status of their family.
7. Participation of Children

The State, society and fam
hose views shall be given due and balanced 4 consideration based on the
age and discernment 5of the child.
8. Responsibilities of the State

The State considers the impo
g the capacity of children to ensure that children are patriotic and love the
nation[;] pay attention to establish suffi cient formal and professional schools, and
treatment facilities[;] promote children to participate in social activities[;] [and] create and improve measures to protect ch ildren from exploitation, neglect, torture
and other abuses.
9. Responsibi

4 The term “balanced” in the Lao text has the connot ation of “the opposite of strict or definite” to
indicate that in matters relating to childre n, decisions should be more flexible.
5 The term “discernment of the child” is a translation of the phrase “ability of the child to identify
the truth”.

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Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR

arts, and literature, and [to contrib ute] in the protection of children from various
social shortcomings.

Article

1. To care for and bring up [their] children, to ensure the safety of the
development of the children
and to protect the children from danger, such as: violence, being taken
. To ensure primary health care for [their] children;
4. he mission of the nation; , and to protect the
7.

Article 11. Fun
rotection of the rights and
interest
urces of the fund are obtained from:

s;
• Assistance from foreign countries and international organisations;
e peration of the fund are determined in specific
regulations.

Article 12. ions and Cooperation
the rights and interests of children through the exchange of best
practices and information, th e building and upgrading of o fficials, the attracting of

10. Responsibilities of Parents and Guardians
Parents and guardians have th e following responsibilities:

children, to encourage and promote full
advantage of, and all forms of exploitation;
2
3. To encourage, promote, create conditions and facilitate [their] children to complete at least primary education;
To educate [their] children to be good members of the family and
society and to be successors in undertaking t
5. To be the lawful representatives of [their] children
rights and interests of the childre n in court proceedings and other
places;
6. To be good role models for their children;
To have other responsibilities in accordance with the laws.
d
To ensure the developmen t of children and the p
s of children, the State consid ers it necessary to create a fund.

The so
• The State budget;
• Contributions from individuals and domestic organisation
• Other sources.
Th organisation and o
International Relat

The State promotes international re lations and cooperation concerning the
protection of
assistance and others 6.

The term “and others” is a literal translation and is not subject to further specificity. 6

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Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR

Part II
Health Care, Family Registration and R aising of Children

Chapter 1

Article 13. Provision of Health Inf
Children have the right to learn and have access to appropriate and
ie , television and other sources of mass
media.
tions and various social organisa tions, including the State and the private
sector, are responsible for, or have to c ontribute to, providing health information
to child

Article
The State pays attention to ensuring that pregnant women have access to lations, in particular,
by providing regular examinations and pr oper monitoring of risks to pregnant
women
d understanding on nutrition, especially on the
consum tion of food that is useful and not harmful, in order to enable the
newbor

Article
The State shall create conditions to provide children with health care
ce
unisations according to the age of the child;
. Sufficient and safe nutrition, clean drinking water, and life in a good
n that is hazardous to the health;
sistent with the
child’s age and level of understanding;

Health Care for Children
ormation
suffic nt information on health from ra dio

The public health, education and information-culture sectors 7, mass media
organisa
ren on a regular basis.
14. Health Care and Nutrition for Pregnant Women
pre-natal and post-natal health care in acco rdance with regu
, and birth assistance.

Individuals and organisations shall contribute to providing pregnant
women with knowledge an
p
n child to be whol e in body, mind and spirit.
15. Primary Health Care for Children
servi s as follows:
1. Pre-natal health care services;
2. Full imm
3
environment free from pollutio
4. Access to health information and edu cation that is con
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. In this paragraph, this first use of the term is in such governmental
sense. The second use (“including the State and private sectors”) is in the more familiar sense of “a part of
branch of a nation’s economy” generally.

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Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR

5. Access to health services for the tr eatment of illness and rehabilitation
of health;
6. Regular medical checkups and monitoring.

Article 16.

e ation of their health and
monitoring of their growth on a regular basis.
Children from 15 years of age to 18 years of age have the right to decid
e
on the o are mentally disabled.

Article 17.
ted by
HIV/AIDS to have access to health care a nd education, to live with their family
ion from the community and
society.
. Take measures to prevent transm ission of HIV/AIDS, particularly
HIV/AIDS. Children
should not be forced to be tested for HIV/AIDS, and their HIV/AIDS
3. fected with HIV/AIDS,
4.

Article 18. Resp
The to lay down regulations and measures, and
to encourage and monitor [their] impl ementation, to protect children from
en lations
and measures on] the order and safety of road traffic and safety in kindergartens.

Monitoring and Provision of Health Care for Children
Aft r birth, children have the right to examin

method and place of appropriate medical treatment, except for children
who are under the control of an author ity or wh

Disabled children, abandoned children and children from poor families,
while ill, shall receive health examinati ons and treatment in various treatment
facilities with the service fees to be paid by the State social welfare fund.
Care of Children Affected by HIV/AIDS
The State and society shall create c onditions for children affec
and to be protected from all forms of discriminat

The State must create conditions for children affected by HIV/AIDS to
receive policies
8 on health protection and care as follows:

1
mother-to-child transmission of HIV/AIDS;
2. Provide counselling for children infected with
status should be kept confidential;
Provide care and treatment to children in
including providing them with antib iotics and other medicines;
Encourage the society and community to support and assist children
infected with HIV/AIDS.
onsibility of the State to Protect Children from Accidents
State has the responsibility
accid ts that may cause harm to their hea lth or life, in particular, [regu
8 The term “policies” in this context takes the meaning of “privileges”.

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Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR

Chapter 2
Family Registration

Article 19. Registration of Births
The hospital wher issue a birth certificate for the
child[;] then the father or mother shall bring the certificate to notify the head of ll e or where they have registered their family book
in order to register the birth of the child.
irth of the child.
dditionally, the Family Registration Law shall be applied.

Article First Name and Family Name of Children
ed by Article
31 of the Family Law.
rticle 21. Children’s Nationality ality is determined by its parents’ nationality if they have
the same nationality.
the parents have different nati onalities, the child may take the
nationa

e a child is born shall
the vi age where the parents liv

If a child is born in a place other than a hospital, the father or mother must
notify the head of the village where the pa rents live or where they have registered
their family book in order to re gister the b

In the case where a child is born in a foreign country, the father or mother
must notify the Lao embassy or consulate accredited in the relevant country to
register the birth of the child.

The registration of a child shall be done within 30 days after the date of
birth.

A
20.
Every child has the right to a name and surname as prescrib

A

A child’s nation

If
lity of either the father or the mother, in conformity with the Law on Lao
Nationality.
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Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR

Chapter 3
The Care and Raising of Children

Article 22. Provision of Care to Children

Parents, guardians, other members of the family, relatives, the society and
relevant organisations shall provide warm care to children by being close to and
loving [the children], and providing counselling, education, assistance and others
to physically, morally and ment ally develop the children.

Divorced parents shall continue to maintain a personal relationship with
their children, especially w ith those who have not reached the age of maturity.

Article 23. Guardians

Children without parents sh all have the right to be cared for by a guardian
appointed in conformity with Arti cles 43 to 46 of the Family Law.

Article 24. Obligations of Parents or Guardians

The father and mother shall have the joint obligation to care for and raise
their children independent of their marriage status pursuant to Article 35 of the
Family Law.

Parents or guardians have the obligation to cr eate and provide the best
conditions for children to have good health, to develop and to have a bright future.
If parents or guardians experience a problem in raising children and cannot solve
the problem by themselves, they may seek counselling and assistance from
relevant organisations.

Article 25. Responsibilities of th e State in the Raising of Children

The State is responsible for the car e and raising of children without
parents or guardians, or who are abandoned by their parents, by building or
developing orphanages, board ing-schools and others.

Part III
Child Development

Chapter 1
Education for Children

Article 26. Promotion of Child Education

The State has policies to promote and create conditions to ensure that
children receive education by expanding fo rmal education, professional training

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Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR

centres and skills training centres from both State and private sectors, and by
providing sufficient teachers, textbooks a nd materials, aimed at developing
children’s knowledge, abilities, attitudes and talents, in order that children
become successors in the mission for the efficient protection and development of
the nation.

Parents, guardians and social organisa tions have the obligation to promote
and create conditions for children to attend school and remove obstacles
[obstructing] children from obtaining an education.

Article 27. Child-Friendly Schools

The State has the policy to create ch ild-friendly schools that are popular
for children and attract them to learn. A child-friendly school is a place with a
good environment that promotes learning and study by children, where they can
receive attention, counselling and assi stance from teachers, with friendly
solidarity among students[; and where they are] protected from the use of
violence, physical punishment or inappropr iate words or acts that affect the
dignity of children, [and] from discrimina tion or bias, and work that exceeds their
abilities.

Article 28. Promotion of Children with Talent

The State, society and families shall promote children who have talent by
creating favourable conditions for the children to fully expand their talents
alongside general education.

Article 29. Education for Disadvantaged Children

The State has policies on free learning and providing necessary materials,
assistance and exemptions of fees to support disadvantaged children, children in
remote areas, and children from poor families. These children shall at least
achieve primary education, and shall have access to vocational training.

Article 30. Education for Children with Disabilities

Disabled children shall have access to education and vocational training
without discrimination through a pol icy of education for all.

The State promotes and creates conditi ons for disabled children to receive
education and encourages the private s ector, social organisations and various
organisations, both domestic and foreign, to assist in the education of disabled
children.

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Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR

Article 31. Education for Children Affected by HIV/AIDS

The State creates conditions for childr en affected by HIV/AIDS to receive
education and to par ticipate in various act ivities in school without discrimination.

Disclosure of the HIV/AIDS st atus of children is forbidden.

Chapter 2
Child Participation

Article 32. Child Participation in Various Activities

All children have the right to participate in various activities that are
useful for physical, moral and mental deve lopment, such as: educational, socio-
cultural, artistic, literary, sports and r ecreational activities in the community.

Schools and local administrative author ities are responsible for drawing up
the plans for, and for arranging, places for the above-mentioned activities.

Article 33. Child Participation in Creative [Activities]

The State formulates policies that pr omote all children to be creative in
presenting their work, which is useful and a good example to other children, in
expressing their opinions, in participating in society and in expressing their ability
through different forms.

Article 34. Child Participation in Decision Making

All children have the right to study a nd express their opinions in decision-
making, especially on issues relating to their futures and fates. Individuals and
concerned organisations shall facilitate them in such expressions of opinion, and
shall consider such opinions, based on the balancing of the age and the
discernment of the child.

Part IV
Protection and Assistance to Children

Chapter 1
Responsibilities of the State in Pr otection and Assistance to Children

Article 35. Policies on Protectio n and Assistance to Children

The State has policies to prevent a nd combat acts of child violence or
exploitation, by adopting protective measures and assistance to children at risk of
violence or exploitation, by assigning th e Ministry of Labour and Social Welfare

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Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR

to actively collaborate with other relevant sectors, such as: organisations in public
health, education, justice, foreign affairs, public security, the Office of the Public
Prosecutor, mass organisations a nd other concerned organisations.

The Ministry of Labour and Social Welfare shall issue regulations and
instructions on protection and assistance to children, and establish the Committee
for Protection and Assistance to Children
9, aimed at implementation, including
monitoring, inspecting and encouraging [such] implementation.

Article 36. Rights and Duties of the Committee for Protection and Assistance to Children

The Committee for Protection and Assistance to Children has the
following main rights and duties:

1. To receive reports on children who are at risk and children in need of
special protection, and to identify and use emergency measures to
protect and assist them;
2. To create conditions and provide assi stance to the families of children
in need of special protection and children at risk to enable them to
solve the problem in the right way by themselves;
3. To advise, monitor and regularly inspect the care and assistance to
children provided by various cen tres or relevant places;
4. To collect statistics on children in need of special protection and
children at risk in the area under its responsibility, to summarise on
the execution of its own work an d regularly report to the higher
authority.

Article 37. Policy on Strengthening Families

The State promotes the self-strengthening of families, promotes solidarity,
provides assistance to pare nts in performing their dut ies of care, raising and
educating their children, and identifies weak families and children or those at high
risk, in order to provide protection and assistance.

The strengthening of families has the following contents:

1. Provision of assistance to parents to build their capacity to perform
their obligations in caring for and e ducating their children, [to assist
parents] to provide for the well-be ing and best interests of their
children and of the family, and to create solidarity within the family;
9 The Lao language does not require nouns to contain information as to whether they are singular or
plural. Since the committee has not yet been established, the translators are unable to definitively resolve
whether there will be a single committee or several committees at different levels. Based on examples of
other similar committees, it is likely that there will be a single committee with divisions or offices. The
translators have therefore translated these provisions on that basis.

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Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR

2. Prevention of external impacts on families and children, and
provision of appropriate reco mmendations, consultation and
assistance to families and children with problems;
3. Creation of public awareness on the dangers and bad impact of child
abuse and exploitation.

Chapter 2
Protection and Assistance to Children in Need of Special Protection

Article 38. Reporting

A network system shall be estab lished under the direction of the
Committee on Protection and Assistance to Children in order to keep track of
situations happening in the children’s co mmunity and the society, and to identify
situations that cause childre n to need special protection.

The main duties of the network are the following:

• To monitor children who have been neglected or taken advantage of;
• To collect data and statistics relating to children in need of special
protection and regularly report to the Committee on Protection and
Assistance to Children;
• To provide counselling and recommenda tions to children in need of
special protection;
• To facilitate and collaborate with relevant sectors concerning
protection and assistance to children.

In addition, any person or organisa tion that knows of or observes any
situation regarding any child at risk of needing special protection or any child in
need of special protection, must promptly notify or report on that situation to the
Committee on Protection and Assistance to Chil dren or to an investigation agency
if it is a criminal offence.

Article 39. Determination of Methods for Protection and Assistance to Children

Upon discovering or receiving a report on a child in need of special
protection, the Committee for Protecti on and Assistance to Children shall
consider a plan, and determine the nece ssary types and methods of assistance,
based on the opinion of the child, and its age and level of discernment.

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Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR

Article 40. Urgent Measures for Child Protection

Upon discovering, or receiving a repor t on, a child in need of special
protection, in order to remove the ch ild from such harm, the Committee on
Protection and Assistance to Children shall undertake immediate measures as
follows:

1. Inspect any place where it is suspected that there is a child in need of
special protection;
2. Take the child away from its pa rents or guardians and put it
temporarily in a safe place, or in a child shelter if its parents or
guardians have problems;
3. In the case where the child in need of special protection is taken from
another place, the child shall be gi ven to the care of its parents or
guardians, unless the parents or guardians have problems.

Article 41. Procedures for Protection and Assistance to Children

Depending on each child’s individual circumstances, the Committee on
Protection and Assistance to Children shall adopt the following procedures:

1. Place the child in a shelter;
2. Provide counselling, health care, education, vocational training, and
other necessary support to the child to assist in the child’s physical
and moral recovery and social reintegration;
3. Identify the parents or guardians and return [the child] to them;
4. Provide assistance and counselling to the child’s parents or guardians
to enable [them] to perform thei r obligations to give good care and
education to their children[;] help in income-generation[;] and
provide financial and other necessary support;
5. Monitor and pay regular home visits to inspect the quality of care to
the child by parents or guardians.

Article 42. Alternative Care for Children

Childcare has many alternatives, and c onsideration of the use of such
alternative care shall be ba sed on the following conditions:

1. The best interests of the child shall be the main factor to be taken into
consideration;
2. In appointing the guardian, preferen ce shall be given to members of
the family, and close relatives living near the child, except if it is in
conflict with the child’s best interests;
3. The need to preserve the culture, language, religion and racial
background of the child;
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Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR

4. Placement of the child in a reside ntial care institution, such as an
orphanage, boarding-school or other institutional establishment shall
be a measure of last resort;
5. The views of the child shall be ta ken into consideration, based on a
balancing evaluation of the age a nd the discernment of the child;
6. Children affected by HIV/AIDS shall be cared for by their family and
should not be isolated from other children and society.

Article 43. Monitoring and Review of Alternative Childcare

The Committee on Protection and Assistance to Children and village
administrative authorities shall monitor and review the implementation of
alternative care prescribed in Article 42 of this law to ensure that children benefit
fully from alternative care and that th ey receive sufficient care and protection.

Shelters and other places that accep t children for care shall regularly
monitor and review their performance in or der to ensure that children effectively
and quickly reintegrate into society.

Chapter 3
Interviewing Children Who Are Victims and Witnesses

Article 44. Rights of Children who are Victims and Witnesses

Children who are victims and witnesses in criminal proceedings shall have
the following rights:

1. To have their dignity and human value respected;
2. To express their views, which shall be considered based on the
balancing of the child’s ag e and level of discernment;
3. To have support from parents, guardians or legal protectors 10 at all
stages of the proceedings to protect their legitimate rights and
interests;
4. To have their privacy protected;
5. To be protected from coercion, th reat, and all types of danger,
including their family members 11;
6. To have other rights as provided in the Law on the Development and
Protection of Women and the Law on Criminal Procedure.

10 Readers may wish to refer to Article 35 of the Law on Criminal Procedure for information on the
role of the legal protector.
11 The translators were unable to definitively resolve whether the phrase “including family members”
means that the family members are also entitled to protection or that the child is entitled to be protected
from the family (although the former is, obviously, by far the more likely intention).
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Article 45. Interview of Children

The interview of children in cases where the children are the victims and
witnesses shall be conducted by specia lly trained investigators and public
prosecutors in collaborati on with social workers.

In the course of the interview, the i nvestigator and public prosecutor shall
act as follows:

1. Use sensitive and friendly methods towards children who are victims
and witnesses;
2. Allow their parents, guardians or le gal protectors to participate during
each interview;
3. There shall be a special separate room with no disturbance;
4. Children shall be questioned using si mple language suitable to their
age and level of discernment;
5. Appropriate methods shall be taken to prevent the child from having
contact with the accused or de fendant during the interview.

Chapter 4
Prevention, Treatment and Rehabilitat ion of Substance-Addicted Children

Article 46. Prevention of Substance Addiction

The State has the policy, and adopts regulations and laws, to prevent
addiction to substances, such as: narc otic drugs, alcohol, beer and other
intoxicating substances, and to encourage the society and families to participate
actively in such preven tion, including providing methods for education, and
enhancing awareness and consciousness a bout the harmful effects of addictive
substances.

Article 47. Treatment and Rehabilitatio n of Substance-Addicted Children

The State formulates policies, creates favourable conditions and organises
the treatment, therapy and rehabilitation of substance-addicted children, alongside
vocational training, by encouraging the participation of the society, schools and
family.

The treatment and placement of substance-addicted children in hospitals
or rehabilitation centres sha ll be a measure of last resort and shall be for no longer
than the time necessary for the treatment and rehabilitation.

Admission of substance-addicted children into treatment and rehabilitation
centres shall be in strict compliance with regulations that shall be approved by the
Committee on Protection and Assistance to Children.

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Chapter 5
Prohibitions

Article 48. Prohibitions for Children

The basic prohibitions for children are as follows:

• Consuming narcotic drugs, drin king alcohol or beer, smoking
cigarettes, and [consuming] other narcotic substances;
• Serving in nightclubs, guesthous es, hotels, and restaurants;
• Using services in nigh tclubs, guesthouses, hotel s, and restaurants in
wrongful ways, such as for consum ing narcotic drugs, or drinking
intoxicating substances;
• Being infatuated with por nographic and obscene things;
• Playing games that are outside of the curriculum during school time;
• All kinds of gambling;
• Bearing all kinds of w eapons or explosives;
• Other prohibitions as provided by the laws and regulations.

Article 49. Prohibitions for Parents, Guardians and other Persons

Prohibitions for parents, guardians and other persons are as follows:

• Obstructing children from receiving medical treatment, immunisation,
[or] education or from participa ting in various activities for the
physical, moral or mental development of the children or the
development of their knowledge or ability;
• Causing serious physical injury, insulting children;
• Being bad examples for the children;
• Using children to buy or advertise na rcotic or intoxicating substances;
• Allowing children to use or provide services in nightclubs, guest
houses, hotels and gambling places;
• Allowing children to enter their re staurants that serve alcoholic
drinks, beer, or other intoxicating drinks;
• Allowing children to be infatuated with pornographic and obscene
things;
• Putting up signs to advertise alc ohol, cigarettes, beer, or other
intoxicating substances near schools or children community areas;
• Other prohibitions as provided by the laws and regulations.

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Part V
Solutions Relating to Problem Children

Chapter 1
Child Offenders

Article 50. Children Who Have Not Reached the Age of Penal Responsibility

A child under fifteen years of age at the time of commission of an offence
will not be considered as an offender, as provided in Article 7 of the Penal Law.

Article 51. Rights of Child Offenders

A child who is a suspect or defendant has the following rights during the
criminal proceedings:

1. To have the case proceed outside the judicial process in the event that
it is not a serious offence;
2. To be informed of the allegations ag ainst it and to receive the right to
a defence;
3. To have legal assistance from a lawy er or legal protector and to have
its parents or guardians present at all stages of the criminal
proceedings;
4. To receive appropriate treatment w ith no threat, coercion or use of
foul language at all stages of the criminal proceedings;
5. To be protected and guarded by concerned officials in respect of its
safety;
6. To have the case proceed confidenti ally, specifically concerning the
personal history and information of such child;
7. To have other rights as stipulated by various laws.

Chapter 2
Solving of Juvenile Cases without Referring to the Court

Article 52. Offences by Children That Need Not Be Referred to the Court

An offence committed by a child that is not sent to the court is a minor
offence or a major offence 12 punishable by imprisonment of less than three years.

Article 53. Sectors Involved in Solution

Sectors that have the right to solve an offence committed by a child
without referring to the court include:

12 The terms “minor offence” and “major offence” refer to the categories of offences set out in
Article 8 (New) of the 2005 Penal Law.
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1. Village child mediation units;
2. District or municipal justice offices;
3. Investigation agencies;
4. Offices of the Public Prosecutor.

In the event that a village child me diation unit has not been established,
the village mediation units shall be responsible.

Article 54. Methods of Solving Cases without Referring to the Court

An offence committed by a child can be solved by the following methods
without referring to the court:

1. Warning, re-educating the child offender;
2. Requiring the child to apologise to th e injured party in an appropriate
manner;
3. Mediation between the child offender and the injured party;
4. Compensation by the parents or guardians for the damage caused by
the child;
5. Requiring the child to perform comm unity service work based on the
ability and age of the child.

Chapter 3
Mediation of Juvenile Cases

Article 55. Responsibilities of Village Child Mediation Units

In a case where a juvenile case is not re ferred to the court, the village child
mediation unit has the following main rights and duties:

1. To warn, re-educate the child offender;
2. To mediate civil cases relating to children;
3. To mediate criminal cases relating to child offenders as stipulated in
Article 52 of this law;
4. To monitor, encourage compensation for damages;
5. To monitor child offenders, incl uding child offenders who have
served [their] sentences.

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Article 56. Rights and Duties of District and Municipal Justice Offices Relating
to Mediation of Juvenile Cases

The justice office at each district or municipality has the rights and duties
to re-educate, compromise and mediate in juvenile cases submitted by village
child mediation units as a result of an unsuccessful mediation as stipulated in
Article 55 of this law, and shall comply with the provisions of Articles 79 and 80
of the Civil Procedure Law.

In the event of unsuccessful mediati on, the parties are entitled to lodge a
claim in court.

Article 57. Principles for Mediation of Juvenile Cases

The mediation of a juvenile case sha ll be conducted in accordance with the
following principles:

1. There must be precise, clear eviden ce of the offence and the child has
admitted its offence;
2. There must be participation of the child offender, parents or guardians
each time.

Chapter 4
Investigation of Juvenile Cases

Article 58. Rights and Duties of Inve stigation Agency in Juvenile Cases

The investigation of a juvenile case shall be conducted by a specialised
investigation agency.

In conducting criminal proceedings against a child, the investigation
agency, in addition to performing its righ ts and duties stipulated in the Law on
Criminal Procedure and other relevant laws, shall have the following rights and
duties:

1. To summarise and consider referring the juvenile case to the village
child mediation unit for so lution, if it is found that the offence is one
of those offences defined in Article 52 of this law;
2. To mediate the juvenile case at its own level within thirty days from
the date of receiving the petition from a party whose case cannot be
mediated at a district or municipal justice office. In the event that the
investigation agency cannot mediat e the case, it shall undertake an
investigation of juvenile case and summarise the case to send it to the
public prosecutor for consideration and conduct of criminal
proceedings;
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3. In cases where the law prescribes punishment by imprisonment of
three years or more, to undertak e investigation, summarise the
juvenile case and send to the public prosecutor for consideration;
4. To monitor, inspect, give advice a nd manage the list of child suspects
and prisoners within its responsibility.

Article 59. Principles for Investigation of Juvenile Cases

In conducting criminal proceedings against children, the investigation
agency shall use investigation measures provided in the Law on Criminal
Procedure and shall comply with the following principles:

1. In investigation, questioning of a ch ild offender shall be conducted in
a smooth and appropriate manner based on the age and discernment
of the child;
2. Parents, guardians or other supp ort persons of the child must
participate in the questioning and testimony of the child; and the
parents, guardians or other support persons have no right to make
testifying statements on behalf of their children but have the right to
make proposals on issues, as they deem appropriate;
3. The taking of testimony from a child shall be conducted openly in a
special room, without coercion or threat, and avoiding the use of
terms or language which affect the dignity and spirit of the child;
4. Each questioning [session] shall no t be conducted for more than
ninety minutes;
5. Investigation in juvenile cases shal l be completed within thirty days
and can be prolonged for thirty days by the decision of a public
prosecutor.

Chapter 5
Use of Preventative Measures 13 Against Children

Article 60. Preventative Measures Against Children

Preventative measures against children are general measures defined in
Article 59 of the Law on Criminal Procedure, namely:

1. Issuance of warrant;
2. Detention;
3. Arrest;
4. Remand;
5. Pre-sentencing release.

13 The term “preventative measures” is the same te rm translated as “coercive measures” in Chapter
IV of the Law on Criminal Procedure.

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Article 61. Issuance of Warrant

In the event that an investigation agency, public prosecutor or juvenile
court has summoned a child three times to appear before it, but the child has
failed, without reason, to appear, the child will be subject to a warrant to be
brought to appear, accompanied by its parents or guardians.

Article 62. Detention of a Child

If necessary, a child will be detain ed for no more than forty-eight hours
where the child has allegedly committed a serious crime punishable under the law
by imprisonment of three years or more, [but] 14 there must be sufficient evidence.

If it is necessary to keep a child in detention, the investigator shall observe
the following principles:

1. The child shall be informed of the reasons for the detention and
guided on its rights under the law;
2. The child’s parents or guardians shall be notified immediately;
3. It is prohibited to use all forms of violence, threat by weapons or by
other things, foul language and defaming language towards a child
offender;
4. The child shall be referred for a medical examination to check the
health and mental condition of the child in detail, and the result shall
be kept confidential, except wher e the concerned authorities have
ordered the disclosure;
5. The child’s safety shall be ensure d while in detention facilities;
6. The detained child must be kept in a specific child detention area
separated from the other gender.

Article 63. Arrest

The arrest of a child must be accomp anied by an order in writing from a
public prosecutor or juvenile court, ex cept for cases where the child is seen
committing a serious crime or in other urgent cases.

The public prosecutor or cour t shall issue an order of arrest against a child
only as a measure of last resort, wh ere all of the following conditions are
satisfied:

1. All components of a crime are presented;
2. The child is alleged to have committed a serious crime punishable
under the law by imprisonment of three years or more;
3. The evidence is clear and precise;
14 The literal translation is “and”.

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4. There is reason to believe that the child may flee or destroy evidence,
or commit further serious crimes, or harm victims or witnesses, or be
harmed by others.

In the arrest of a child, the investigator shall comply with the requirements
stipulated in Article 62 of this law.

Article 64. Remand of Children

Remand of a child shall be based on the following reasons and conditions:

1. There must be an order in writing fr om a public prosecutor or juvenile
court, which complies with the conditions stated in Article 63 of this
law;
2. Parents, guardians, relatives, friends and protectors shall be allowed
to visit the child offender.

The duration of remand of a child must be no more than one month
commencing from the date of issuance of th e remand order. If it is necessary to
undertake further questioning, the public prosecutor or juvenile court may extend
the custody for one more month but the tota l duration of remand shall not be more
than four months for a major offe nce and eight months for a crime
15.

Article 65. Pre-sentencing Release of Children from Detention

The pre-sentencing release of children from detention is considered as a
priority in juvenile criminal proceedings , particularly when conditions for remand
are not met. The pre-sentencing release of children from detention shall take place
on the request of their parents, guardian s, or close relatives, or by a public
prosecutor or juvenile court. No bail fo r the release, except in necessary cases,
shall be required.

The investigators must give their opini on regarding the request of parents,
guardians, or close relatives of the child for the release of a child within 24 hours
after receiving such request, and send the request with their opinion to the public
prosecutor or juvenile court no later than 24 hours.
16 If the public prosecutor or
juvenile court decides to re lease the child, the latter mu st be released immediately.

A child released from detention shall be placed under the supervision of a
parent, guardian or relative who has agr eed to be responsible for the child.
15 A “crime” is the third category of offences (in addition to major and minor offences) defined in
Article 8 (New) of the 2005 Penal Law.
16 It is not entirely clear whether the investigator has a total of 24 hours or 48 hours to consider a
request, form an opinion and send the request and opinion onwards. In the Lao text, 24 hours is repeated (as
translated here).
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There will be no release from detention when a crime is alleged to have
been committed.

Chapter 6
Proceedings Conducted by Public Prosecutors in Juvenile Cases

Article 66. Proceedings Conducted by P ublic Prosecutors in Juvenile Cases

In conducting criminal proceedings against a child, the public prosecutors,
in addition to performing th eir rights and duties stipulated in the Law on Criminal
Procedure and in other laws, shall have the following rights and duties:

1. To undertake measures, within the sc ope of their authority, to protect
the rights and interests of the child;
2. To consider referring the case to the village child mediation unit for
solution;
3. To solve cases at their own level through mediation, and to prosecute
in the juvenile court, if the mediation is unsuccessful;
4. To consider issuing an arrest warran t or order of remand in the case of
necessity and when the offence is punishable by imprisonment of
three years or more;
5. To consider issuing an order of pre-sentencing release.

In order to ensure the performance of its rights and duties, the Supreme
Public Prosecutor may establish special juvenile units to deal specifically with
juvenile cases.

Article 67. Timeframe for Undertaking of Juvenile Cases by Public Prosecutors

The public prosecutors shall consider a case received from the
investigation agency within ten days, comme ncing from the date of receiving such
case file, and shall decide as follows:

1. Return the case file to the investigation agency for additional
investigation;
2. Prosecute the case in the juvenile court.

In the event that the public prosecutors decide to mediate the juvenile case
at their own level, they must complete the case within thirty days from the date of
receiving the case file.

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Chapter 7
Juvenile Courts

Article 68. Establishmen t of Juvenile Courts

A juvenile court shall be established in each province and city as approved
by the National Assembly Standing Co mmittee; it shall be under the direct
supervision of the People’s Supreme Court and have fi rst instance jurisdiction.
The juvenile divisions of the Court of A ppeal and of the People’s Supreme Court
will serve as courts of appellate instance and cassation respectively.

In the event that the juvenile courts have not been established, the juvenile
divisions of the people’s courts are as signed to consider juvenile cases.

Article 69. Cases Considered by Juvenile Courts

Juvenile courts have the right to consider the following cases:

1. Criminal cases committed by children;
2. Cases concerning child labour;
3. Civil cases relating to children;
4. Other cases relating to children.

Article 70. Principles of Juvenile Court Proceedings

Juvenile courts shall conduct pr oceedings in accordance with the
following main principles:

1. The court hearing shall be conducted in secret and in an appropriate
room which is different from the ordinary court room;
2. The child shall have the right to participate in the proceedings, to
express its views, which shall be co nsidered based on the balancing of
the age and discernment of the child;
3. The proceedings in the court must be conducted in the Lao language
and use simple words that are easy to understand, and if the child
does not know the Lao language an in terpreter must be provided;
4. The child shall have the right to legal assistance from a lawyer or
other legal protector, and to have it s parents or guardians participate;
5. Follow other principles as prescribed by the Law on Criminal
Procedure and other relevant laws.

Article 71. Timeframe for Pro ceedings in Juvenile Courts

A juvenile court proceeding shall proceed with the case within fifteen days
from the date of receiving the order of prosecution from the public prosecutor.

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Article 72. Penalties to be Imposed on Children

In addition to applying the general principles on the imposition of
penalties as stipulated in the Penal La w, juvenile courts may undertake such
measures and impose such penalties as are appropriate to the child’s age and level
of discernment as follows:

1. Applying court measures against th e child pursuant to Article 53
(New) of the Penal Law;
2. Staying of execution pursuant to Article 47 of the Penal Law and
sending child offenders to parent s or guardians, [or] village
administrative authorities for re-education;
3. The penalty of imprisonment imposed on children shall only be as a
measure of last resort, except for a crime;
4. Children shall not be subject to the death penalty or life
imprisonment. In cases of necessity where a penalty of imprisonment
is required, the juvenile court ma y impose a half-term of the penalty
that would otherwise be imposed on that child under the Penal Law;
or the court may impose a lighter pe nalty than that prescribed by the
Penal Law pursuant to Article 44 of Penal Law.

Article 73. Juvenile Court Proceed ings in Civil and Other Matters

Juvenile court proceedings in civil and other matters shall be conducted in
conformity with the Law on Civil Procedure and other relevant laws.

Chapter 8
Child Offender Vocational Training Centres

Article 74. Rights and Duties of Vocational Training Centres for Child Offenders

Child offenders sentenced by the court to imprisonment will be sent to
vocational training centres for child offenders.

The rights and duties of such vocational training centres are:

1. To educate children on ideology and attitudes; to provide education,
vocational training and other necessary services, particularly health
services, to assist the child to b ecome a good person and to reintegrate
into society;
2. To organise work that is appropr iate to the age of the child;
3. To liaise, cooperate and coordinate with relevant organisations to
conduct activities in performing its duties;
4. To exercise such other rights an d perform such other duties as
prescribed by the laws.

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The establishment and activities of vocational training centres for child
offenders are regulated by specific regulations.

Article 75. Rights of Children in Vocational Training Centres

A child offender placed in a vocati onal training centre shall have the
following rights:

1. To have accommodation and appropriate food;
2. To have suitable clothing c onsistent with the climate;
3. To receive medical treatment, e ducation and vocational training;
4. To engage in sports and leisure activities;
5. To meet with its parents, guardians , protectors, relatives and friends;
6. To receive useful information;
7. To be protected from all forms of abuse and maltreatment.
8. To have other rights as stipulated in the laws.

Article 76. Responsibilities of Child ren in Vocational Training Centres

A child offender sent to a vocation training centre shall have the following
main responsibilities:

1. To respect and strictly follow the in ternal regulations of the centre;
2. To behave in such a way as to become a good child;
3. To pay attention to education, work and vocational training;
4. To respect and pay attention to the rights of other people in the same
facility.

Article 7 7. Monitoring and Inspection of Vocational Training Centres

The State pays attention to the regular monitoring and inspection of
vocational training by assigning the offices of the Public Prosecutor, in
collaboration with other relevant agencies, to monitor and inspect the
performance of duties of these vocational tr aining centres, in order to ensure that
the centres carry out their duties and activit ies effectively and in conformity with
the laws and regulations.

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Article 78. Encouragement and Support to Children Released from Centres

Children released from vocational training or rehabilitation centres shall
be provided with support and assistan ce from the Committee for Protection and
Assistance to Children by monitoring, education, counselling and assisting
children to finding work in order to give them the opportunity to quickly
reintegrate into society.

Part VI
Administration and Inspection on the
Protection of Rights and Interests of Children

Article 79. Organisations Responsible for Administration and Inspection

The government uniformly administers and inspects the implementation of
activities on the protection of the rights and intere sts of children throughout the
country.

The government assigns responsibilities to relevant sectors at central and
local levels, especially the Ministry of Justice, the National Commission for
Mothers and Children, the Ministry of Labour and Social Welfare, the Ministry of
Public Health, the Ministry of Education, the Ministry of Information and Culture,
the Ministry of Public Secu rity, the Ministry of Foreign Affairs, the Lao Front for
National Construction, the mass organisati ons, the Office of the Supreme Public
Prosecutor, and the People’s Supreme Cour t as the organisations to administer
and inspect the protection of the rights and interests of children.

In the administration and inspection of the protection of the rights and
interests of children, the Mi nistry of Justice shall act as the focal point for
coordinating with relevant sectors.

Article 80. Rights and Duties of Organisations Responsible for Administration and Inspection

The organisations responsible for ad ministration and inspection of the
protection of the rights and interests of children have the following rights and
duties:

1. To formulate strategies, policies, regulations and laws relating to the
protection of the rights a nd interests of children;
2. To propagate and disseminate the policies, regulations and laws
relating to the protecti on of the rights and interests of children;
3. To build and train officers specialising in activities concerning the
protection of the rights a nd interests of children;

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4. To supervise, encourage, monitor and inspect the implementation of
policies, regulations and laws relating to the rights and interests of
children;
5. To collect statistics and data relating to children;
6. To coordinate with relevant s ectors on activities concerning the
protection of the rights a nd interests of children;
7. To liaise and cooperate with fore ign countries and international
organisations concerning activities relating to the protection of the
rights and interests of children;
8. To summarise and report on activities relating to the protection of the
rights and interests of ch ildren to the government;
9. To exercise such other rights an d perform such other duties as
prescribed by the laws.

Part VII
Policies Towards Persons with Outstanding Achievements
and Measures Against Violators

Article 81. Policies Towards Persons with Outstanding Achievements

Individuals or organisations with outstanding achievements [relating to] this law will be rewarded, complimented or receive other policies as determined
by regulations.

Children who are good role models for friends in exercising rights and
performing responsibilities will be rewarded, complimented or receive other
policies as appropriate.

Article 82. Measures against Violators

Individuals or organisations that violate this law will be subject to various
sanctions, such as: re-educational, admini strative or penal measures, based on the
nature of the violation, including compensation of civil damages.

Article 83. Re-education Measures

Individuals or organisations that viol ate this law will be re-educated when
acting as follows:

• Obstructing children from receiving medical treatment, immunisation
or education; [obstructing children ] from participating in various
activities for their physical, moral and mental development and for
the development of their knowledge and ability;
• Behaving as bad examples for children;
• Using children to buy or advertise na rcotic or intoxicating substances;

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• Putting up signs to advertise alco hol, beer, cigarettes and other
intoxicating substances near schools or in children community areas;
• Negligence in the performance of duties by staff responsible for the
protection of the rights a nd interests of children;
• Employing a child under 14 years of age;
• Other violations that are not serious in nature as prescribed in this
law.

Article 84. Administrative Measures

Individuals or organisations that violate this law will be fined or subject to
disciplinary sanctions when acting as follows:

• Violations referred to in Article 83, that continue after re-education;
• Allowing children to enter a restaurant serving alcohol, beer or
intoxicating drinks;
• Allowing children to take part in pornographic and obscene activities;
• Employing children over the limit of hours or to perform heavy work
as prescribed by the Labour Law;
• Other violations stated in this law, which are administrative
violations.

Besides the above-mentioned measures, the violators may be subject to
suspension or withdrawal of business license.

Fines are determined in specific regulations.

Article 85. Disclosure of Children’s Privacy

Any person who reveals the identity or personal information of a child
who is a victim, suspect, defendant, or convicted person shall be punished by
imprisonment from three months to one year or re-educated without deprivation
of liberty and fined from 500,000 Kip to 2,000,000 Kip.

Article 86. Disseminating Child Pornography

Any person who produces, distributes , disseminates, imports, exports,
displays or sells magazi nes, photographs, films, videos, VCDs, DVDs and other
items of child pornography, shall be punish ed by imprisonment from one year to
three years and fined fr om 2,000,000 Kip to 6,000,000 Kip.

Article 87. Using Child Labour

Any person using child labour in hazardous sectors, and who has been
subject to administrative measures but has repeated the offence, shall be punished

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by imprisonment from three months to one year and fined from 1,000,000 Kip to
2,000,000 Kip.

If such use of child labour causes disability or death to the child, [such
person] shall be punished by imprisonment from three years to seven years and
fined from 3,000,000 Kip to 7,000,000 Kip.

Article 88. Abandonment of Children

Any person who intentionally abandons a child shall be punished by six
months to two years imprisonment and fined from 600,000 Kip to 2,000,000 Kip.

If the abandonment results in disability or death to the child, [such person] shall be punished by imprisonment from thr ee years to seven years and fined from
3,000,000 Kip to 7,000,000 Kip.

Article 89. Sexual Relations with Children

Any individual who has sexual relations with a girl or boy under eighteen
to fifteen years of age by paying or givi ng any type of benefit shall be punished
by imprisonment from three months to one year or re-educated without
deprivation of liberty and fined from 1,000,000 Kip to 2,000,000 Kip.

Any individual who has sexual relations with a girl or boy from under
fifteen to twelve years of age by paying or giving any type of benefit shall be
punished by imprisonment from one year to five years and fined from 2,000,000
Kip to 5,000,000 Kip.

Any individual who has sexual relati ons with a girl or boy under twelve
years of age by any means shall be considered as having committed rape and that
person shall be punished by imprisonment from seven years to fifteen years and
fined from 7,0000,000Kip to 15,000,000 Kip.

Any individual who has requested, received, recruited or offered children
under eighteen years of age to become pr ostitutes, shall be considered as an
offender and shall be punished as stipul ated in Article 134 (New) of the Penal
Law.

Article 90. Trafficking in Children

Any person who commits an offence of trafficking in children shall be
punished by imprisonment from five y ears to fifteen years and fined from
10,000,000 Kip to 100,000,000 Kip and shall have his assets confiscated
as
provided in Article 134 of the Penal Law.

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Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR

Article 91. Civil Measures

In addition to the penalties stipulated in Articl es 85 to 90 of this law, the
offender shall pay compensation for dama ges such as medical treatment, moral
injury, sick leave, travel, food a nd accommodation and other damages.

Part VIII
Final Provisions

Article 92. Implementation

The government of the Lao People’s Democratic Republic is to implement
this law.

Article 93. Effectiveness

This law shall become effective after ninety days from the date of the
promulgating decree of the President of the Lao People’s Democratic Republic.

Any provisions that contradi ct this law are repealed.

Vientiane, 27 December 2006
President of the National Assembly

[Seal and Signature]

Thongsing THAMMAVONG

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