Ph.d . Nguyen Thi Kim Thoa Ministry of Justice

1. REGULATORY IMPACT ASSESSMENT (RIA) IN LEGAL NOMATIVE DOCUMENT – A BIG REFROM IN LEGISLATIVE PROCESS Ph.d. Nguyen Thi Kim Thoa Ministry of Justice

2. Legislative process in Vietnam before the promulgation of the Law on Laws in 2008 • Drafting progress: • time consuming, • Drafts are changed many times • Quality of legal documents • Contents are not suitable with socio-economic development pace • Often amended and supplemented • Conflict with current legislative system • Feasibility of legal document • Lack of budget for implementation • Lack of staff • Not receiving support and acceptance of citizens • Impossible for implementation + Kết luận • Conclusion • Legal documents are not practical • Low effiveness

3. Legislative process in Vietnam before the promulgation of the Law on Laws in 2008 • Reasons • No analysis for problem solving schemes • No analysis to identify pros and cons of schemes • Not being able to select the optimal scheme • Analytical skill of policy makers is weak • No comprehensive approach for impacts of proposes schemes

4. New regulation on RIA in the Law on Laws and Decree No. 24/2009/NĐ-CP • Legislative Planning stage • Light RIA • Identify issues to be adjusted in legal documents • Ensure the issuance of the legal documents as the optimal way to achieve set objectives • Develop schemes to solve problems • Select the optimal scheme through assessing impacts on socio-economy, environment, legal system, principle right and obligation of citizens, possibility of obedience of government agencies, organizations, individuals etc.

5. New regulation on RIA in the Law on Laws and Decree No. 24/2009/NĐ-CP • Before and in the drafting process • Through the Light RIA, complete the RIA report and ensure that regulations in the draft law are based on RIA results and optimal to achieve management objectives in the most economical way. • RIA focuses on impacts on socio-economy, environment, legal system, principle right and obligation of citizens, possibility of obedience of government agencies, organizations, individuals etc.

6. New regulation on RIA in the Law on Laws and Decree No. 24/2009/NĐ-CP • Content of RIA report • Objectives of the tentative policy • Schemes • Selection of the optimal scheme based on specific assessment both qualitatively and quantitatively on cost-benefit, positive/negative impacts of implementation solutions for the draft law

7. New regulation on RIA in the Law on Laws and Decree No. 24/2009/NĐ-CP • Impact Assessment after the implementation of the legal document • Impacts are assessed in three years after laws, ordinances, decrees come into effect • Compare with the RIA results in the drafting process to measure the reasonableness and feasibility of regulations • Suggest solutions with competent agencies to improve the effectiveness of the legal document • Content of the RIA report after the implementation stage includes: • Analysis on practical cost-benefit and other impacts; • Obedience level of implementing agencies/individuals • Recommendation on the implementation, amendment or abolishment of legal document in case needed.

8. Purpose • Precise consultation with high responsibility • Better decision (through information of RIA process ) • High obedience (with public consultation for a transparency legislative making process) • Improve effectiveness of legal document • Mitigate risks • High stability of legal document • Ensure the achievement of set objectives • ...

9. Challenges • Weak analysis skill • Less experience and skill in RIA implementation • Inadequate awareness of RIA • Resource consuming  

10. What need to be done? • Capacity building for those who directly involve in legislative making process • Raising awareness • Ensure citizen’s right • Ensure the State management • Ensure the feasibility of legal document (budget, resource and readiness of citizens) • Ensure credibility of citizen on legal stability

11. What need to be done? • Appropriate effectiveness of legal document • Ensure feasibility of follow-up provisions • Ensure authorization principle of the issuance of detailed legal document • Ensure the transparency of legal document • Ensure the transparency of legal system, making it practical, simple and easy to be implemented • Ensure the legal document not too detailed to avoid being amended right after issued

12. What need to be done? • Clear allegation • Identify conflicts with other legal documents, if any and propose solutions • Deal with the relationship between the implementation of legal document and application of exceptions • Ensure clear and precise language

13. Thank you!