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

1. 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

2. • 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
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3. • 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.
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4. • 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.
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5. • 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.
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6. • 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.
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7. • 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.
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8. 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. 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

10. 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
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Drafting and Assessment Process

11. • 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.
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12. Thank You
For Your Attention
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