Regulatory Impact Assessment (RIA) Experiences in Cambodia - Yim Nolson
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Regulatory Impact Assessment (RIA) Experiences in Cambodia - Yim Nolson

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Presentation by Yim Nolson, Vice-Chairman of Economic, Social and Cultural Council and RIA Project Director, Cambodia, at the OECD Southeast Asia Forum, 25-26 March 2014, Bali, Indonesia. Further ...

Presentation by Yim Nolson, Vice-Chairman of Economic, Social and Cultural Council and RIA Project Director, Cambodia, at the OECD Southeast Asia Forum, 25-26 March 2014, Bali, Indonesia. Further information is available at http://www.oecd.org/gov/regulatory-policy/southeast-asia-regional-forum.htm

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Regulatory Impact Assessment (RIA) Experiences in Cambodia - Yim Nolson Regulatory Impact Assessment (RIA) Experiences in Cambodia - Yim Nolson Presentation Transcript

  • by Yim Nolson Vice-Chairman of Economic, Social and Cultural Council and RIA Project Director at OECD Southeast Asia Forum, 25-26 March 2014 Bali, Indonesia 1
  • • Background of RIA Project in Cambodia • Objectives of RIA Project in Cambodia • Structure of RIA Project in Cambodia • Key Aspects of RIA Scheme in Cambodia • Two-Stage RIA Process in Cambodia • Regulation Approval Process in Cambodia • Challenges 2
  • • 2008 – Asian Development Bank (ADB) introduced and funded RIA program at the then Ministry of Industry, Mines and Energy under its Regulatory Enhancement Program for its Prakas (edicts) making process. • May and June 2010 – 2 MOUs were signed between the Economic Social and Cultural Council (ECOSOCC), the Office of the Council of Ministers and ADB to implement the RIA project with ECOSOCC. • October 2011 – Pohl Consultant and Associates, hired by ADB, was mobilized for RIA training and RIA development for Cambodia. 3
  • • Improving the robustness of policy-making by ensuring that:  Regulation is only implemented when there is a justified need.  Only the most efficient forms of regulation are adopted.  There is an adequate level of public consultation in the development of regulatory measures. • Enhancing competition and regulatory efficiency by providing better information to decision makers about the costs and benefits of introducing a new regulation and the alternatives which can achieve the same objective. • Institutionalizing the principles of good practice in the regulation making process within line ministries, since Cambodia has no sunset clause and have no process either to check the redundancy/overlapping of the regulations. • Improving good governance which is the central part of government’s agenda set in the Rectangular Strategy Phase III to achieve economic growth, employment and efficiency in objective. • Creating website (www.ecosocc.gov.kh) and intranet of ECOSOCC for better communication and consultation access. 4
  • • Executing Agency (EA) – ORIA in ECOSOCC with 4 units has a role in training, coaching, supporting, reviewing, publishing and reporting:  RIA Unit with 9 staff  CBA Unit with 2 staff  i-Center with 3 staff  PIU (admin unit) with 3 staff • Implementing Agencies (IAs) – MoME, MoC, MoE, MoT, MoEYS, MoAFF and MoLVT – have a role in preparing Preliminary Assessment statement (PAs) or Regulatory Assessment Statement (RIS) for any proposed regulation. A template has been prepared for PAs. Each IA has a RIA unit with 4 staffs. 5
  • • Improving information for decision makers: RIA will provide information on the costs and benefits of regulation and options to achieve the objective to decision makers enabling them to make better informed decisions. • Simplicity: Most benefits of the RIA are likely to be gained through good consultation, simple logic, elementary calculations and rigorous testing of assumptions – rather than through the application of complex techniques. So the RIA in Cambodia would be light-handed. • Transparency: Transparency enables good consultation and good governance. Improving transparency will help to achieve the final objective of the project. 6
  • • Preliminary Assessment (PA): All regulatory proposals that may have impacts on business require a PA. The purpose of the PA is to provide a quick assessment of the proposal to identify whether the impacts on business or competition are significant • Regulatory Assessment Statement (RIS): RIS is required for regulatory proposals if the PA confirms that the impacts are significant. • Both PA and RIS consist of analyzing the seven elements of RIA – Problem; Objectives; Options; Impacts Analysis; Consultation; Conclusion; and Implementation. 7
  • 8 DRAFT REGULATION (Law, Royal Decree, Sub- decree) TECHNICAL MEETING Prosing Line Ministry Prakas submits to Line Minister FULL CABINET MEETING FINAL CHECK MEETING INTER- MINISTERIAL MEETING RGC GENERAL SECRETARIAT Office of the Council of Ministers - ECOSOCC - Council of Jurists - Proposing Line Ministry - Secretary of State at OCM - RGC General Secretariat - Cabinet of DPM Sok An - National Committee of Khmer Linguistics - RGC General Secretariat - Secretary of State at OCM - All Line Ministries - Cabinet of DPM Sok An - ECOSOCC - Council of Jurists - National Committee of Khmer Linguistics - DPM SOK AN - ECOSOCC - Council of Jurists - Secretary of State at OCM - RGC General Secretariat - Proposing Line Ministry -Ministries concerned - Cabinet of DPM Sok An - National Committee of Khmer Linguistics - Prime Minister - All Ministers
  • 9 DRAFT REGULATION (Law, Royal Decree, Sub- decree) OFFICE OF REGULATORY IMPACT ASSESSMENT (ORIA) TECHNICAL MEETING Prosing Line Ministry Prakas submits to Line Minister FULL CABINET MEETING FINAL CHECK MEETING INTER- MINISTERIAL MEETING RGC GENERAL SECRETARIAT Office of the Council of Ministers - ECOSOCC - Council of Jurists - Proposing Line Ministry - Secretary of State at OCM - RGC General Secretariat - Cabinet of DPM Sok An - National Committee of Khmer Linguistics - RGC General Secretariat - Secretary of State at OCM - All Line Ministries - Cabinet of DPM Sok An - ECOSOCC - Council of Jurists - National Committee of Khmer Linguistics - DPM SOK AN - ECOSOCC - Council of Jurists - Secretary of State at OCM - RGC General Secretariat - Proposing Line Ministry -Ministries concerned - Cabinet of DPM Sok An - National Committee of Khmer Linguistics ConsultationwithORA onRIA - Prime Minister - All Ministers PA & RIS prepared by IAs and assessed by ORIA
  • IA prepares draft PAs/RIS with assistance from ORIA ORIA reviews the adequacy of the PAs/RIS against the checklist ECOSOCC website www.ecosocc.gov.kh RGC General Secretariat /Minister Draft sent to ORIA Inadequate PAs/RIS returned for revision ORIA publishes completed PAs/RIS IA packages PAs/RIS with regulation 10 Drafting and Assessment Process
  • • Institutionalize RIA process in regulation making within all ministries/institutions. • RIA staff training, capacity building and commitment. • Improve quality and quantity of PAs/RIS – overestimation of benefits in most cases. It needs more critical analysis of what the government can achieve by intervention. • Improve consultation and participation from private sector. • Incentive to high performing ministry to motivate the RIA champions. • Support for i-Center with more resources. 11
  • Thank You For Your Attention 12