News and developments

Crypto Currency Business in Laos

A. Legislation:

In 2021, the Ministry of Technology and Communication has issued the Ministerial Decision on experimenting with digital asset transactions No. 888.MTC, dated November 9, 2021. To defines the types, regulations and measures regarding the trial of digital asset transactions in the Lao PDR to be safe, reliable and effective, aiming to protect the rights and legitimate interests of the transaction operators and service users to contribute to the economic and social development of the nation.1

After that, the Bank of Lao PDR (BOL) has issued the Ministerial Decision on the trial operation of Crypto currency Trading Platform No. 777.BOL, date December 15, 2021; to defines the principles, regulations and measures regarding the operation of crypto currency trading during the trial period in order to make the management, risk management and operation of crypto currency trading stable, safe, reliable and effective, aiming to protect the rights and legitimate interests of service users and contribute to the development of the financial and monetary institution system as well as the economic and social development of the nation. 2

B. Requirements for Operator of Cryptocurrency Trading Platform

Must have Lao shareholder(s) to hold at least 51% of the total share;3

The register capital is at least 10.000.000 USD (TEN MILLION US DOLLARS)4

Must be a company registered as an enterprise in the Lao PDR to exclusively operate shopping centre business Cryptocurrency only;5

Must have at least one manager who holds Lao nationality and has a passport in Lao PDR;6

Must be in a cooperation and connection system with commercial banks under the management of the Bank of the Lao PDR7

C. Required Supporting Documents

Feasibility study and its timeframe8

Security system9

Business Impact Analysis (BIA), Business Community Management (BCM), Business Community Planning (BCP), and Complexity 10

Internal Control System11

Anti Money Laundry Policy12

D. Requirements of Digital Asset Businesses13

For cryptocurrency mining activities:

Royalty fee for permission to conduct cryptocurrency mining transactions is collected once in the amount of 500,000 US dollars (five hundred thousand US dollars) per license;

Cryptocurrency mining enterprises must pay a tax based on the size of electricity supply: every 10 (ten) megawatts must pay 1,000,000 US dollars (One Million US dollars), which means that every 1 (one) megawatt in the contract must pay 100,000 US dollars (One Hundred Thousand US dollars), by giving it to the state budget in instalments (4 (four) instalments per year). Delivery of each instalment shall be no later than the 20th day of the first month of the next instalment. Starting from the 3rd year onwards, there must be a review of the payment of taxes in the form of assigning a new contractor

Exemption from importation of electronic equipment used in cryptocurrency mining.

For cryptocurrency transactions:

One-time fee for the license to operate the cryptocurrency trading center is 1,000,000 US dollars (one million US Dollars) per license;

Crypto currency buying and selling service enterprises (centers) must pay a Lump-Sum tax at the rate of 15% (fifteen percent) of the fees that the service center collects from buyers and sellers at the time of buying and selling each time by giving it to the state budget in installments (4 (four) installments per year). Delivery of each installment not later than the 20th day of the first month of the next installment.

3. The obligations above are defined as principles for business operators to implement. In addition to the above, business operators and those with income must comply with relevant laws and regulations.

E. Application Process, Time frame and Government Fees

i. Application Process:

According to Article 11 of Ministerial Decision on the trial operation of Cryptocurrency Trading Platform No. 777.BOL, dated December 15, 2021:

Step 1. The Bank of the Lao PDR must consider the application for Crypto currency Trading Platform Business and give an answer in principle within 30 days from the date of receipt of complete and accurate document.

Step 2. After receiving the letter of approval in principle, those who intend to apply for a cryptocurrency trading center must fulfill the following conditions:

Pay one million US dollars in Royalty fees to the Ministry of Finance;

Pay up fully registered capital;

Have operation office and equipment to serve the appropriate business operations;

Have an operating system and an information technology system that can meet the operation of the cryptocurrency trading center and obtain a technical standard certificate for the trading system.

Compose standard staffs in sufficient numbers

Meet other conditions as determined by the Bank of the Lao PDR.

Step 3: The Bank of Lao PDR will issue a business license to those who intend to apply for a license to Crypto currency business, have fully fulfilled the conditions set forth in Step 2 and such applicant must be active in business within thirty days from the date of receiving the business license.

In the case of those who intend to operate a cryptocurrency trading center, if they cannot fulfill the conditions as defined in Step 2 with sufficient reasons, the Bank of Lao PDR may extend the time to fulfill the conditions to 45 days. If not, the officer will issue the rejection of the application.

ii. Time frame

Approximately 60-90 Days, including the preparation of applications and supporting documents and approval process.

iii. Government Fees14

Application Fee:20,000,000 LAK (Twenty Million Lao Kip) (approximately 920 USD) per one application on the date of submission the application;

License Fee: 5,000,000 LAK (Five Million Lao Kip) (approximately 240 USD) per one license and it must be paid on the date of receiving the License.

Operation Annual fee: 0.1% of the total revenue.

F. Conclusion

The regulatory framework for cryptocurrency businesses in Laos, as outlined in this article, reflects the Lao PDR's commitment to fostering a secure and efficient digital asset environment. With clear requirements for operators, robust taxation measures, and government oversight, the country has established a foundational structure to attract investment while ensuring compliance and stability in this emerging sector.

For businesses seeking to navigate these complex regulations, ILAW LAOS offers unparalleled expertise and guidance. As a prominent legal entity, ILAW LAOS has built a strong reputation for its comprehensive understanding of local and regional laws. The firm's team of experienced professionals is adept at assisting clients in meeting regulatory requirements, securing necessary approvals, and mitigating risks associated with this dynamic market.

AUTHOR

Tanadee Pantumkomon, Partner; and

Viphavanh Syharath, Associate.

1Article 1 of Ministerial Decision on experimenting with digital asset transactions No. 888.MTC, dated November 9, 2021.

2Article 1 of Ministerial Decision on the trial operation of Cryptocurrency Trading Platform No. 777.BOL, date December 15, 2021.

2Article 8 (No.3) of Ministerial Decision on the trial operation of Cryptocurrency Trading Platform No. 777.BOL, date December 15, 2021.

4Article 10 of Ministerial Decision on the trial operation of Cryptocurrency Trading Platform No. 777.BOL, date December 15, 2021.

5Article 8 (No. 1) of Ministerial Decision on the trial operation of Cryptocurrency Trading Platform No. 777.BOL, date December 15, 2021.

6Article 8 (No. 4) of Ministerial Decision on the trial operation of Cryptocurrency Trading Platform No. 777.BOL, date December 15, 2021.

7Article 8 (No. 6) of Ministerial Decision on the trial operation of Cryptocurrency Trading Platform No. 777.BOL, date December 15, 2021.

8Article 9 (No. 9.4; 9.5;) of Ministerial Decision on the trial operation of Cryptocurrency Trading Platform No. 777.BOL, date December 15, 2021.

9Article 9 (No. 9.6) of Ministerial Decision on the trial operation of Cryptocurrency Trading Platform No. 777.BOL, date December 15, 2021.

10Article 9 (No. 9.7) of Ministerial Decision on the trial operation of Cryptocurrency Trading Platform No. 777.BOL, date December 15, 2021.

11Article 9 (No. 9.8) of Ministerial Decision on the trial operation of Cryptocurrency Trading Platform No. 777.BOL, date December 15, 2021.

12Article 9 (No. 9.11) of Ministerial Decision on the trial operation of Cryptocurrency Trading Platform No. 777.BOL, date December 15, 2021.

13Article 10 of Ministerial Decision on experimenting with digital asset transactions No. 888.MTC, dated November 9, 2021

14Article 14 of Ministerial Decision on the trial operation of Cryptocurrency Trading Platform No. 777.BOL, date December 15, 2021.