Project Title

10th Conference on Good Regulatory Practices 

Project Year

2017   

Project Number

CTI 07 2017A 

Project Session

Session 1   

Project Type

Standard 

Project Status

Project in Implementation   
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Project No.

CTI 07 2017A 

Project Title

10th Conference on Good Regulatory Practices 

Project Status

Project in Implementation 

Publication (if any)

 

Fund Account

APEC Support Fund 

Sub-fund

ASF: Renewed APEC Agenda on Structural Reform (RAASR) 

Project Year

2017 

Project Session

Session 1 

APEC Funding

139,000 

Co-funding Amount

Total Project Value

139,000 

Sponsoring Forum

Sub-Committee on Standards and Conformance (SCSC) 

Topics

Conformance; Standards 

Committee

Committee on Trade and Investment (CTI) 

Other Fora Involved

 

Other Non-APEC Stakeholders Involved

 

Proposing Economy(ies)

Viet Nam 

Co-Sponsoring Economies

Australia; Canada; Chile; Indonesia; Korea; Papua New Guinea; Peru; Philippines; Thailand; United States 

Expected Start Date

01/04/2017 

Expected Completion Date

31/12/2017 

Project Proponent Name 1

Nguyen Van Khoi 

Job Title 1

Deputy Director for Standards 

Organization 1

Ministry of Science and Technology, Directorate for Standards, Metrology and Quality (STAMEQ) 

Postal Address 1

No 8, Hoang Quoc Viet, Cau Giay, Ha Noi, Viet Nam 

Telephone 1

844-37911629 

Fax 1

Not Applicable 

Email 1

nguyenvakhoi@tcvn.gov.vn 

Project Proponent Name 2

Not Applicable 

Job Title 2

Not Applicable 

Organization 2

Not Applicable 

Postal Address 2

Not Applicable 

Telephone 2

Not Applicable 

Fax 2

Not Applicable 

Email 2

Not Applicable 

Declaration

Nguyen Van Khoi 

Project Summary

For nearly two decades, APEC has been at the forefront of international discussions on the importance of good regulatory practice (GRP) to trade and investment. This project will build upon previous work in APEC in the CTI, the SCSC, and the Economic Committee by organizing APEC’s 10th Conference on Good Regulatory Practice, a 2-day conference to be held at SOM 3 in Ho Chi Minh City, Viet Nam, in August 2017.  The workshop will focus on the results of the 2016 Update on GRPs in APEC economies, especially those areas where greater work is warranted.  The workshop will focus on issues of specific concern to economies, including those specifically mentioned in RAASR Individual Action Plans: notice and comment procedures, well-written drafts, and mechanisms for incorporating public comments.  In addition, the conference will also consider the implementation of WTO obligations related to notifications, and practices that can facilitate such notifications.

Relevance

In the 2016 RAASR Individual Action Plans (IAP), more economies cited regulatory improvement as an area for work than any other issue.  Twelve APEC economies are pursuing work to improve regulatory quality, apply regulatory impact analysis, to apply GRPs, and to analyze the very structure of their regulatory process.  Specifically, Viet Nam identified promoting the application of GRP as one of its priorities and highlighted public consultation as an area for improvement.  Indonesia, Papua New Guinea, Peru, and Chinese Taipei all specifically included GRP—and aspects of public consultation—as an element of their IAP.  Thus, APEC must continue disseminating information on the benefits of using GRP in policymaking and achieving high level support for regulatory reform, especially when non-tariff barriers to trade and restrictions to investment became the forefront of market access issues.

One of the three pillars of RAASR is the deeper participation in markets by certain groups, including MSMEs.  Several economies included work to support the efforts of MSMEs to expand their exports to other markets.  When regulatory measures are outdated, overly burdensome, or otherwise inappropriate, they can reduce competition, stifle innovation, and create unnecessary technical barriers to trade (TBT). These kinds of measures can pose a particular problem for small and medium SMEs, which often do not have the resources to address these problems on their own. GRP disciplines on transparency and consultation help MSMEs participate in the development of regulation (including technical regulations) that can directly affect their businesses.

On the other hand, the GRPs has been defined by APEC/SCSC as internationally recognized processess and procedures that can be used to improve the quality and cost-effectiveness of regulations, promote international standards harmonization which reduce the negative effects of differing standards, technical regulations and conformity assessment procedures.

The conference will have benefits for all APEC economies and for the multilateral trading system as a whole. However, given that certain APEC economies have identified regulatory improvement as an element of their IAP, this conference is likely to have greater benefit to those economies.  We expect that economies will be able to apply the information gleaned from the  conference to produce higher quality regulations and reduce the chances that a proposed measure will impede trade. Finally, this project is directly relevant to the following 2017 APEC project priorities derived from the instructions of Leaders and Ministers:

·  (Rank 1) Structural Reform, including overcoming the MITs and implementation of the RAASR

·  (Rank 1) Standards, conformity assessment, technical regulations, regulatory cooperation, and regulatory coherence

·  (Rank 1) Human development, capacity building, cooperation on education

·  (Rank 1) Ease of Doing Business

.  (Rank 1) Supporting the multilateral trading system and implementation of Bogor Goals

Objectives

1) To expand the application of GRPs as a tool to reduce barriers to trade and to encourage investment and economic growth;

2) To promote discussion of challenges and best practices for increasing transparency and public consultation (including facilitating notice and comment procedures; and

3) To increase awareness of WTO TBT obligations related to notification and identify ways to facilitate their implementation by APEC economies.

Alignment

This project responds directly to the Leaders priorities of ensuring that regulatory policies in the region contribute to achieving critical policy objectives, such as the protection of health, safety, and the environment, while promoting free and open trade.  The Osaka Action Agenda indicates the important role of GRP in achieving the Bogor goals, specifically calling on APEC economies to promote GRP.  The 2011 Leaders declaration called for APEC economies to “develop, use, or strengthen processes, mechanisms, or bodies to enable a whole of government approach in the development of regulations, including coordination across … agencies.”  That declaration also included a separate annex on “Strengthening Implementation of Good Regulatory Practices.”  Finally, the 2016 Leaders statement highlights the importance of GRP for APEC economies.

This conference will build on previous SCSC and EC work on GRP while also drawing from the 2016 update to the 2011 Baseline Study on Good Regulatory Practices. The 2016 update provides statistics on the state of GRP in the APEC region. Two areas called out for improvement:  transparency and public comment procedures, and the implementation of TBT obligations related to notification, will be addressed in the 10th Conference.

TILF/ASF Justification

The conference is intended to provide developing economies with practical information on how to strengthen their application of good regulatory practices.  The conference agenda was based on the results of the 2016 update to an earlier survey of GRPs in APEC economies.  The 2016 update identified specific areas for improvement, including transparency and public consultation.  The agenda will include sessions on these priorities, as well as additional subjects of particular interest to developing economies.  For example, the agenda includes sessions on effective inquiry point operations, the processing of public comments, and effective organization of regulatory agencies.

Work in these areas will address critical capacity-building needs of developing economies.  In the workshop, some of the discussions will focus on the cases of Viet Nam (based on Priority D: Promote the applications of good regulatory practices, Viet Nam’s IAPs RAASR) or Peru (based on Action B, Priority 2: Good Regulatory Practice, Peru’s IAPs RAASR), and aim to showcases its outcomes for all other members. By doing so, the conference will contribute to the effective implementation of international trade agreements, such as the WTO TBT, SPS and Trade Facilitation Agreements.  By extension, the project will contribute to the APEC trade and investment liberalization and facilitation under the Osaka Action Agenda, since GRPs are a critical tool to reduce“behind the border barriers” to trade.

Effective application of GRPs will also assist APEC developing economies to achieve pressing environmental, safety and health challenges through the tools that will be identified in the conference.  The conference will also include a session on rulemaking in response to a crisis, which will help developing economies respond effectively and appropriately when facing a crisis.

Beneficiaries and Outputs

Outputs:

1) Conference: The main focus of the project is to organize and stage the 10th Conference on Good Regulatory Practice, to be held in Ho Chi Minh City, Viet Nam, on the margins of SCSC 2.  The conference will include sessions devoted to the internal coordination of rulemaking activity, transparency, inquiry point operations, processing public comments, regulatory impact analysis, and rulemaking in response to a crisis.  In addition, we expect that the session on transparency will include a focus on the obligations of the WTO Trade Facilitation Agreement (TFA), which entered into force earlier in 2017.  The TFA also has obligations related to transparency, and an examination of the similarities between the TFA and GRP should prove useful for all APEC economies. 

2) Report: An electronic report that will be available for all the economies will be developed at the end of the conference. It will contain the conference agenda, materials/presentations and Curriculum Vitae of speakers. These materials will be e-mailed to participants and will be made available in the APEC website. 

3) Recommendations: As previously done in nine GRP conferences, recommendations for future work on the area of the GRP will be prepared as part of the report guided by the discussions/results of the conference.

4) Action Plan: To ensure that the work on capacity building on the area of the GRP will be sustained, an action plan will be prepared and endorsed by the Conference. All member economies are expected to contribute in its development to ensure that their experiences and needs are incorporated therein. 

Outcomes:  

·  The key outcome of this project is an enhanced awareness of regulators on the various tools used in implementing GRPs and the benefits these could provide to different stakeholders such as policy makers and industry players.

·  As the previous GRP Conference was held in 2016, this conference will also take stock of the ongoing initiatives of member economies in implementing GRP in their own economies and what WTO is doing to institutionalize GRP in the regulatory process in the area of TBT. 

·  Provide information on GRPs and how high level support for regulatory reform might be created in APEC Member Economies, which will serve as an input to support political commitment.

·  Recommendations for future work on GRP by APEC Member Economies based on the identified areas of strengths and further needs of the member economies.

·  The mapping out of the use of the optional tools will provide information on regional usage that could be a reference for future collaboration on said areas.

·  Develop action plan to assist APEC member economies in the effective implementation of GRP based on their specific needs and actual status. 

Beneficiaries:

As the issue on GRP is far reaching, hence, must involve all levels of society, the target participants are the following from all member economies:

1) regulators;
2) industry stakeholders from APEC and non-APEC economies including MSMEs;
3) APEC Economy Committee (EC);
4) APEC Business Advisory Council (ABAC);
5) Multilateral organizations;
6) APEC Specialist Regional Bodies (SRBs);
7) public and private public organizations of APEC member economies;
8) SDOs; and
9) academia.

The APEC member economies are expected to encourage their regulators and business stakeholders particularly MSMEs and women to attend as participants and speakers at the conference.  In addition, the United States (one of the co-sponsors of the project) will work to pay for the travel of officials from non-APEC ASEAN LDCs, so that they may also benefit from the conference. 

Relevant stakeholders that have interest in the implementation of GRP.

·  Regulators - participants from the government agencies should have a familiarity with GRP and/or the WTO TBT and/or SPS agreements.  Ideally, they should have line or supervisory responsibility for the development or implementation of regulations in their economy.  Further, government representatives should be aware of their own economies work on GRP to fully engage in the discussion.

·  Industry – enhancement in the regulations via the use of GRP elements will benefit the business industry including MSMEs through the transparent process of developing regulations and policies.  Private sector participants should have experience providing comments on draft technical regulations, standards, or conformity assessment procedures.  They should be familiar with the rulemaking or standards development processes in their home economy.

·  Representatives of multilateral organizations (e.g., WTO, OECD), Specialist Regional Bodies (SRBs), and Standards Developing Organization(SDOs).  These participants will have experience similar to that of regulators (e.g., transparency, public comment), or they will have background in the international trade obligations related to aspects of GRP.

·  Academia – As the project is envisioned to gain more support from all sectors of the society, academia has a vital role in disseminating information on the value of GRP implementation. 

The conference will engage stakeholders through the discussion of regulatory issues facing APEC Members, progress made towards good regulatory practices using GRP tools such as single online locations for regulatory information; prospective regulatory planning; and periodic reviews of existing regulation; sharing experiences and development of recommendations for the enhancements  of  the GRP toolbox. 

The stakeholders will gain information on what APEC economies are doing in terms of GRP implementation and educational efforts to mainstream information to build support and understanding of GRP and benefits could be derived from.  As public consultation will also be a substantive part of the conference, the stakeholders will be aware that they can affect the result of the policies of their economies if they will participate in development of these policies.

Dissemination

The number, form and content of any publications: The results of the conference will be published electronically at the APEC website. The electronic publication will include conference agenda, presentations, curriculum vitae of speakers and summary report of the conference. This information will be accessible to the public following the conference to ensure that only updated information are reflected therein.The APEC SCSC website is regularly updated in the final report and achievements of the 10thConference.

In addition to regulatory, SDOs, industry and academic representatives and other relevant organizations will be able to voice the challenges and opportunities to promote the capacity building as needed. This demonstrates that all information and documentations is available to all project stakeholders with no restriction on onward distribution to other relevant stakeholders. 

The target audience: The target audience includes government agencies, business entities,academia, SDOs, multilateral organizations and non-government organizations. 

Any intention to sell outputs arising from this project: There is no intention to sell the outputs delivered by this project. Member economies are expected to disseminate results of the conference with their respective agencies and business communities through their websites. All organizations, academia and other participants involved in the conference are also expected to share its outcomes. A follow-up communication on this regard will be circulated a month after the conference.

Gender

· Project objectives and benefits have targeted both women and men.

· On the onset of the preparation of the project, women have been involved. The project has been developed by women in the project proponent’s organization.

· The project proponent will continue to consider involvement of women in the stages of the development of the project.

·  The project proponent will actively engage women participation in the conference as presenters and participants as done in the previous conferences particularly by the 9th GRP whereby some presenter/moderators were women.

·  To ensure that there will be a significant number of women participation in the conference, economies will be requested to identify women participants. Women participants will comprise at least 30 percent of our speakers and participants.

. The final report will provide information on the participation of women in the conference as presenters and participants.

Work Plan

A.    Project Planning: May – December 2017

B.  Actions

C.  Outputs

D.  Timeline

Development of agenda and program drafts

Agenda

Program drafts

May 2017

Definition of Conference schedule and expected date

Expected date

May 2017

Proposal of experts, speakers and participants

List of speakers, moderator

List of participants

List of experts

May 2017

Definition of Conference unfolding and activities (with experts support)

List of activities, others

June 2017

Invitation to experts, speakers, participants and non APEC economies

Letters of invitation

June 2017

Set final agenda and program

Final agenda & program

July 2017

Experts, speakers and participants confirmation

Answers to invitation letters

July 2017

10th Conference on GRP

Conference presentations

August 2017

DevelopConference report

Report and recommendations

September 2017

Submit Conference results to economies

Conference results report

October 2017

Submit completion report and action plan to Secretariat

Final report

December 2017

Conference – August 2017 (margins of SCSC 2): A two-day event, with time allotted to develop conclusions and recommendations.  A survey of participants to gauge the effectiveness of the conference.

Expected outputs/Deliverables:
- A conference report documenting the key conclusions, as well as summaries of the discussion, any decisions and/or recommendations; and

- A work plan/list of capacity building priorities of APEC economies, and how future SCSC work can address these needs.

Endorsement of the results such as recommendations and action plan (SOM 3- 2017): If the GRP conference is held prior to SCSC 2in 2017, then the project overseers will seek the endorsement of the SCSC of the results.  If the conference takes place following the SCSC meeting, then the project overseers will work intersessionally in order to secure endorsement at SCSC1 in 2018.

Publication of Results of the Conference (October 2017): Follow-up communication requesting feedback on the dissemination activities done by participants at their respective economies.

Results of the conference will be published in the APEC website.If possible a news article in the website.

Project completion report (November 2017): The PO will prepare the Completion Report after  three months of the completion of the Conference.

Risks

We view the project-related risks as low. Given the conference are planned to take place on the margins of the APEC SOM3 events to maximize participation and ensure that the target event draw the appropriate level of interest from regulators, SDOs, industry associations and academia. APEC has played a leading role in international work on GRP for over two decades, so the project overseers and co-sponsors are familiar with the subject.  Many of the officials who will work on the project also represent their economies in other international fora, such as the WTO TBT Committee.  Other officials have helped to organize previous GRP conferences, as well as other SCSC projects.  The project leads and where necessary, the co-sponsoring economies communicate regularly via teleconference and email as planning proceeds.

The project leads intend to mitigate the risk associated with this project by:

·  Continuing to consult with APEC member economies throughout the planning process.

·  Continuing engagement - We intend to collaborate closely with the member economies as conference planning evolves, agendas are defined, and speakers are selected.  We intend to maintain strict internal deadlines for finalizing agenda and speaker selection.

·  Prompt dissemination of results to the SCSC, EC, and relevant stakeholders.

. Diligent review of evaluations – This will enable us to factor feedback into enhancing subsequent phases of the project.

Monitoring and Evaluation

Conference:

·   On the activities, indicators are the acceptance of the SCSC members and other relevant stakeholders of the conference agenda and list of speakers, the survey, and conference papers are timely prepared and collected.

·   On the output of the project, indicators will include the conduct of the conference as planned, and completion of reports and proceedings as scheduled.

·   Stakeholder feedback will be gathered through a conference evaluation questionnaire which will cover assessment on objectives, content, speaker effectiveness, knowledge achieved and logistical preparations.

·   Participants will be requested to provide feedback on the information that is disseminated, particularly on RAASR IAP such as public consultation, regulatory improvement.

·   The profiles of the participants such as how many have GRP background in general as well as RAASR IAP in particularly will also be gathered.

·   The project will seek to ensure that presenters/speakers and participants have a significant female representation which is targeted at least at thirty percent.

·   The project will also be evaluated based on the economies’ participation in the conference.

For long term impact:

·  A GRP as well as RAASR IAP related survey will be conducted among those who participated in the conference, a year after the conference to monitor their adoption/implementation of the optional tools, activities.

·  An action plan based on the strengths and competencies of member economies will be developed and will be further enhanced in future GRP conferences.

Linkages

Engagement: The GRP Conference promotes cross fora collaboration with EC as the alternate hostof the GRP Conferences, together with the SCSC.  As MSMEs frequently face challenges dealing with technical regulations in other economies, this conference should also benefit the CTI and relevant sub-fora including the SMEWG.

The development of conference agenda will be in close consultation with EC.

The Invitations will be extended both to EC and SMEWG members.

Previous work: This project will build on the previous work in APEC, particularly of the SCSC and the CTI and its relevant sub-fora. The 10th GRP Conference will take forward key outcomes from the 9th GRP Conference held in the Peru in August 2016. The most relevant outcomes that emerged from the past conference included the following: 1) To provide a basis of comparison for effective GRP and capacity building practices, as well as evaluate whether the experiences of another member-economy can be implemented in another member-economy, 2) To emphasize the importance of transparency in the engagement between regulators and stakeholders in the reduction of risks in doing business, and to encourage more participation from stakeholders, 3) To ensure that with the recognition that a member-economy’s efforts towards GRP and capacity building activities may not be on the level of “best practices” at the present, avail of the opportunity for technical assistance in order to provide a basis of comparison for effective GRP and capacity building practices, but also to evaluate whether the experiences of another member-economy can be implemented in another member-economy, 4) To institutionalize, at least incrementally, the awareness that regulatory reform becomes necessary for the improvement of government functions performed and services rendered to the public, and 5) To ensure that the capacity building needs of developing economies are recognized. 

APEC’s comparative advantage: APEC has been a leader in GRP work for over two decades,  The 2005 APEC-OECD checklist on regulatory reform, the 2011 Honolulu Declaration on regulatory reform, the annual conferences on GRP, and the 2011-2016 survey of GRP in APEC economies are examples of APEC’s strong and consistent work in this area.

Sustainability

Beneficiaries: To follow the direction from APEC Leaders in 2015 to promote structural reform for being critical to improve economic efficiency and increase productivity (through an enhanced regulatory environment), the surveys will be paramount to measure the grade of GRPs application, along with the commitment of high level officials for facilitating the efforts to implement GRPs in their economies.

Outputs and Outcomes: The recommendations and  action plan that will be developed by the project could be referred to continue strengthening of capacity building programs for GRP.

Further projects and conferences are expected to measure the progress economies have made on the usage and adoption of GRP, according to: (1) 2011 Baseline Study of Good Regulatory Practices, (2) APEC Economic Policy Reports, and (3) the final report of the 10th Conference on GRP.

The proposing APEC economy of the 11th Conference on GRP (organized by EC) is expected to consider the results contained in the final report of the 10th Conference on GRP and to build a follow-up document of the work plan in the upcoming years.

Vietnam as proposing economy will be responsible to cooperate and share results of the project (recommendations, survey results, action plan, final report) with EC, SMEWG and the WTO/TBT Committee for the information and effective further related projects/activities as well as coordinate with member economies to monitor and avoid the dulicate work in process of implementing their respective IAP.

The results will be shared with the WTO/TBT Committee as well as international standards organizations such (e.g., ISO, IEC, ITU) through the SCSC, for their information. It is important to address awork plan based on the strengths and competencies of member economies will be developed and will be further enhanced in future GRP conferences. This will allow to measure progress on the outcomes and impacts of the project.

Project Overseers

Mr. Nguyen Van Khoi as the Project Overseer, will manage the project, including managing of contractors and specialists involved. Mr. Nguyen Van Khoiis the Chair of the APEC SCSC 2017 and Acting Director of Standards Department, Directorate for Standards, Metrology and Quality (STAMEQ) of Vietnam. He has more than 20 years of knowledge and experience in the quality management and standards sector that focus on developing policies and legal documents of standardization activities, WTO/TBT transparency, national standards development as well as participating in international/regional organizations such as the ISO, IEC, APEC, ASEAN related to international standardization. He was the co-chair ASEAN/ACCSQ/WG1 on Standards & MRA in period of 2012-2015. Currently, Mr Khoi is the Secretary of IEC’s Vietnam National Committee.

Main Point of Contacts:

Mrs. Bui Ngoc Bich(buingocbich29@yahoo.com; buingocbich@vsqi.gov.vn) is the Division Director of Vietnam Standards & Quality Institute (VSQI).

Mrs. Vu Hong Hanh(hanhvu@tcvn.gov.vn) is the senior officer of Standards Department, STAMEQ.

Cost Efficiency

Not Applicable.

Drawdown Timetable

Not Applicable.

Direct Labour

Shor-term clerical and contractor fees to be paid for all logistics arrangement, administrative support for the event.

Waivers

a)   Fund the airfare and per diem of Speakers/Experts and Active Participants who are government officials;

b)   Fund the airfare and per diem of Speakers/Experts from non-APEC members and/or from international organizations; and

The conference may include speakers from international organizations, such as the WTO and the OECD.  If representatives from these organizations attend, their travel costs will be funded.

Fund meals if a “package” cost for hosting is cheaper than a room-only rate.

Are there any supporting document attached?

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Project No.

Project Title

Project Status

Publication (if any)

Fund Account

Sub-fund

Project Year

Project Session

APEC Funding

Co-funding Amount

Total Project Value

Sponsoring Forum

Topics

Committee

Other Fora Involved

Other Non-APEC Stakeholders Involved

Proposing Economy(ies)

Co-Sponsoring Economies

Expected Start Date

Expected Completion Date

Project Proponent Name 1

Job Title 1

Organization 1

Postal Address 1

Telephone 1

Fax 1

Email 1

Project Proponent Name 2

Job Title 2

Organization 2

Postal Address 2

Telephone 2

Fax 2

Email 2

Declaration

Project Summary

Relevance

Objectives

Alignment

TILF/ASF Justification

Beneficiaries and Outputs

Dissemination

Gender

Work Plan

Risks

Monitoring and Evaluation

Linkages

Sustainability

Project Overseers

Cost Efficiency

Drawdown Timetable

Direct Labour

Waivers

Are there any supporting document attached?

hdFldAdmin

Project Number

Previous Fora

Secretariat Comments

Reprogramming Notes

Consolidated QAF

Endorsement By Fora

PD Sign Off

Batch

Forum Priority

Committee Ranking Category

Committee Priority

PDM Priority

Priority Within Funding Category

Monitoring Report Received

Completion Report Received

PMU Field 1

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PMU Field 3

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