fbpx 48298-001: National Rollout of the Regulatory Impact Assessment in Government | Asian Development Bank

Cambodia: National Rollout of the Regulatory Impact Assessment in Government

Sovereign (Public) Project | 48298-001 Status: Active

In February 2014, the Office of the Council of Ministers (OCM) asked the Asian Development Bank (ADB) for technical assistance (TA) to support the national rollout of the regulatory impact assessment (RIA) program to the executive government commencing in 2015. In response, ADB conducted a fact-finding mission in June 2014; during that mission ADB and OCM agreed on the proposed impact, outcome and outputs, implementation arrangements, cost, financing arrangements, and terms of reference as laid out in the approved concept paper. The government's planned rollout of RIA to 23 line ministries builds on OCM's experience in piloting RIA in 7 line ministries from 2011 to 2014 with technical assistance from ADB under Grant 0224. Previous consultations on plans for a national rollout were held on an intermittent basis from February 2013 to February 2014 and benefitted from previous Grant 0224 implementation review missions.

Project Details

Project Officer
Jhelum Tini Thomas Southeast Asia Department Request for information
Country
  • Cambodia
Modality
  • Technical Assistance
Sector
  • Public sector management
 
Project Name National Rollout of the Regulatory Impact Assessment in Government
Project Number 48298-001
Country Cambodia
Project Status Active
Project Type / Modality of Assistance Technical Assistance
Source of Funding / Amount
TA 8834-CAM: National Rollout of the Regulatory Impact Assessment in Government
Technical Assistance Special Fund US$ 800,000.00
TA 8834-CAM: National Rollout of the Regulatory Impact Assessment in Government (Supplementary)
Technical Assistance Special Fund US$ 400,000.00
Strategic Agendas Inclusive economic growth
Drivers of Change Gender Equity and Mainstreaming
Governance and capacity development
Knowledge solutions
Partnerships
Private sector development
Sector / Subsector

Public sector management / Economic affairs management

Gender Equity and Mainstreaming Effective gender mainstreaming
Description In February 2014, the Office of the Council of Ministers (OCM) asked the Asian Development Bank (ADB) for technical assistance (TA) to support the national rollout of the regulatory impact assessment (RIA) program to the executive government commencing in 2015. In response, ADB conducted a fact-finding mission in June 2014; during that mission ADB and OCM agreed on the proposed impact, outcome and outputs, implementation arrangements, cost, financing arrangements, and terms of reference as laid out in the approved concept paper. The government's planned rollout of RIA to 23 line ministries builds on OCM's experience in piloting RIA in 7 line ministries from 2011 to 2014 with technical assistance from ADB under Grant 0224. Previous consultations on plans for a national rollout were held on an intermittent basis from February 2013 to February 2014 and benefitted from previous Grant 0224 implementation review missions.
Project Rationale and Linkage to Country/Regional Strategy

Cambodia continues to reform its economy to raise competitiveness for private sector development and considers improving the quality of regulation making central to its economic and governance reform agenda. While there have been successful reforms in specific sectors, such as the enterprise law, the licensing and permit requirements in doing business in Cambodia are substantial and do impose a significant burden on investors and small and medium-sized enterprises in particular.

The Government of Cambodia is currently piloting a regulatory impact assessment (RIA) project as one of its approaches to addressing the high cost of doing business in Cambodia. The pilot project is expected to be completed in the first quarter of 2015. The RIA program aims to assist government improve the quality of regulation making by following a systematic regulatory review process including an assessment of the net benefits of the regulation to the economy. A systematic approach to public consultations on regulations is part of the regulatory review process. The RIA reform was initiated by OCM in 2010 when it established the Office of Regulatory Impact Assessment (ORIA) and piloted RIA in four line ministries with ADB assistance under Grant 0224. In January 2014, OCM extended the pilot to seven line ministries.

The RIA system being piloted by OCM draws on good international practice. It includes the establishment of the ORIA at the Economic, Social and Cultural Council (ECOSOCC) in OCM, which champions the RIA initiative in government, produces RIA guidelines, monitoring participating ministries' compliance with RIA guidelines, providing training and other capacity development activities to the ministries and takes responsibility for public awareness and education on good practice regulation. Each participating line ministry is responsible for carrying out RIA on a selection of existing or proposed regulations or bills and submits these with the draft regulation to the concerned minister as part of the decision making process. The main objectives of the RIA system and documentation is to enhance transparency in the regulation making process and promote a more systematic way to assess the impact of regulations and consultations for improved decision making.

Impact Quality of laws and regulations improved
Project Outcome
Description of Outcome Institutional architecture for reviewing regulatory proposals strengthened
Progress Toward Outcome
Implementation Progress
Description of Project Outputs

Capacity of staff at the Office of RIA developed

Capacity of staff in line ministries developed

Public outreached developed

Status of Implementation Progress (Outputs, Activities, and Issues)

Expressions of Interest (EOIs) have been received by ADB for the following consultants positions advertised: (i) National IT expert; (ii) International Finance Officer; and (iii) National Project Officer.

As requested by ORIA, the engagement of the national IT expert will be given priority for the development of its website.

As of 28 March 2019

- Training workshops on RIA and Cost-Benefit Analysis organized for RIA working groups under the participating ministries and institutions.

- Regulation Executive Team (RET) arranged with the American University of Phnom Penh for a short course on public policy to strengthen the analysis capacity of RET and RIA staff.

- In 2018, RET and RIA staff joined a study tour to British Columbia to learn and observe the successful implementation of RIA.

- Attended annual ASEAN-OECD Good Regulatory Practice Network meetings.

- RET has coached RIA staff on report preparation.

- RET and RIA working groups have organized dissemination workshops.

Geographical Location
Summary of Environmental and Social Aspects
Environmental Aspects
Involuntary Resettlement
Indigenous Peoples
Stakeholder Communication, Participation, and Consultation
During Project Design

Capacity development of staff at the ORIA. Once approved in 2016, the Royal decree will make the ORIA a permanent office within ECOSOCC of OCOM to oversee the rollout of RIA and compliance with it. Capacity development of ORIA staff will include staff training on RIA, writing techniques for regulatory impact statements (RIS), qualitative and quantitative analysis, secondments to overseas offices of best practice regulations, enhancements to its existing information technology system for tracking progress on RIA among the line ministries, and production of annual reports on regulation.

Capacity development of staff in 13 line ministries. Each line ministry will set up a RIA unit, designate a focal person and staff to become RIA practitioners. Thus capacity development activities will include staff training on RIA, writing RIS, developing questionnaires and survey sample frames, basic qualitative and quantitative analysis, and stakeholder assessments.

During Project Implementation

The executing agency will be ECOSOCC of OCM, which is a council within the OCM responsible for impact assessments of laws and subdecrees. The ORIA in ECOSOCC will oversee implementation of RIA activities. The implementation agencies (IA) will comprise of the 7 line ministries implementing RIA plus an additional 6 ministries to be determined after the Royal decree has been approved. ORIA (through ECOSOCC) will provide office space with furniture and support services for the consultants.

As of 28 March 2019

- RIA dissemination workshops organized with line ministries, private sector, universities and civil society.

A team of two international consultants and three national consultants will be recruited by ADB through individual contract services to implement activities under outputs 1 3. In addition, up to five resource persons will be invited to assist with training workshops on specialized topics. The selection and recruitment of consultants and resource persons will be conducted in accordance with ADB's Guidelines on the Use of Consultants. TA proceeds will be disbursed in accordance with the ADB's Technical Assistance Disbursement Handbook. Equipment procured under this TA will be procured following ADB's Procurement Guidelines and the assets will be handed over to the executing agency upon completion of the project.

The TA will be implemented over 24 months (starting in April 2015, and ending by March 2017), following the signing of the TA agreement between the government and ADB.

=====================

With the extension of the project to the end of 2017, national consultants will be recruited to support the administration of the project.

As of 28 March 2018:

Recent ADB mission in Mar 2018 noted a month's delay in implementation of activities due to changes in line ministries' workshop schedules. However, the revised timeline of TA activities will have no adverse impact on the overall TA implementation and progress.

TA amount increased by $0.4M from TASF-VI for a cumulative TA amount of $1.2M to finance a minor change in TA scope that will enable additional RIA activities to be implemented in 2018-mid 2019. TA closing date is moved from 31 Dec 2017 to 30 June 2019.

National project officer recruited to replace international finance expert whose contract ended on 31 Dec 2017.

As of 31 August 2018

- To further strengthen the institutional capacity of the RIA team in Cambodia, the ADB supported this study visit to Canada with the participation of 11 government officials. The visit covered best practices in the preparation of RIA including the engagement and consultation with key stakeholders. The officials met with various government agencies in British Columbia to learn from their experiences and exchange information.

Business Opportunities
Consulting Services

Two international experts (for a total of 15 person-months) and three national experts (for a total of 24 person-months) will be engaged to implement TA activities.

As of 28 March 2019

- One (1) national project officer

- 3 national administrative assistants

- Resource persons

Procurement Equipment such as computers and office equipment for the six ministries joining the rollout for the first time will be procured under this TA following ADB's Procurement Guidelines (2013, as amended from time to time).
Responsible ADB Officer Jhelum Tini Thomas
Responsible ADB Department Southeast Asia Department
Responsible ADB Division Public Management, Financial Sector and Trade Division, SERD
Executing Agencies
Economic, Social and Cultural Council
Office of the Council of Ministers, Rm25, 2nd Floor, East Wing,#41 Russian
Federation Blvd., Phnom Penh, Cambodia
Timetable
Concept Clearance 07 Aug 2014
Fact Finding 30 Jun 2014 to 04 Jul 2014
MRM -
Approval 12 Dec 2014
Last Review Mission -
Last PDS Update 28 Mar 2019

TA 8834-CAM

Milestones
Approval Signing Date Effectivity Date Closing
Original Revised Actual
12 Dec 2014 16 Jan 2015 16 Jan 2015 31 Dec 2016 30 Jun 2019 -
Financing Plan/TA Utilization Cumulative Disbursements
ADB Cofinancing Counterpart Total Date Amount
Gov Beneficiaries Project Sponsor Others
1,200,000.00 0.00 50,000.00 0.00 0.00 0.00 1,250,000.00 12 Dec 2014 1,089,425.26

Project Data Sheets (PDS) contain summary information on the project or program. Because the PDS is a work in progress, some information may not be included in its initial version but will be added as it becomes available. Information about proposed projects is tentative and indicative.

The Access to Information Policy (AIP) recognizes that transparency and accountability are essential to development effectiveness. It establishes the disclosure requirements for documents and information ADB produces or requires to be produced.

The Accountability Mechanism provides a forum where people adversely affected by ADB-assisted projects can voice and seek solutions to their problems and report alleged noncompliance of ADB's operational policies and procedures.

In preparing any country program or strategy, financing any project, or by making any designation of, or reference to, a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

Safeguard Documents See also: Safeguards

Safeguard documents provided at the time of project/facility approval may also be found in the list of linked documents provided with the Report and Recommendation of the President.

None currently available.

Evaluation Documents See also: Independent Evaluation

None currently available.

Related Publications

None currently available.


The Access to Information Policy (AIP) establishes the disclosure requirements for documents and information ADB produces or requires to be produced in its operations to facilitate stakeholder participation in ADB's decision-making. For more information, refer to the Safeguard Policy Statement, Operations Manual F1, and Operations Manual L3.

Requests for information may also be directed to the InfoUnit.

Tenders

Tender Title Type Status Posting Date Deadline
National Project Officer Individual - Consulting Closed 27 Jan 2018 02 Feb 2018

Contracts Awarded

No contracts awarded for this project were found

Procurement Plan

None currently available.