Consult the detailed scoring methodology.
| Question | Answer | Note |
|---|---|---|
| Do ministries or regulatory agencies develop forward regulatory plans – that is, a public list of anticipated regulatory changes or proposals intended to be adopted/implemented within a specified time frame? | Yes, throughout government | |
| Are these plans available to general public? | Yes | |
| Do ministries or regulatory agencies publish the text or summary of proposed (not yet adopted) regulations before their enactment? | Yes, throughout government | |
| Where is the draft text or summary published? | On the website of the relevant ministry or regulator. |
http://www.ssm.com.my/en/services_acts_regulations
Draft laws are also published on a private website that is accessible to the public for free. (http://www.cljlaw.com/?page=latestmybill&year=2015) |
| Do ministries or regulatory agencies have the legal obligation to publish the text of proposed regulations before their enactment? | No |
The Best Practice Regulation handbook states that the draft regulations should be made available to interested parties.
|
| Is the entire text of the proposed draft published? | Yes, throughout government | |
| Is there a period of time set by law for the text of the proposed regulations to be publicly available? | No |
| Question | Answer | Note |
|---|---|---|
| Do ministries or regulatory agencies solicit comments on proposed (not yet adopted) regulations from the general public? | Yes, throughout government | |
| How are the comments received? | On the website of the relevant ministry or regulator. |
http://grp.mpc.gov.my/?p=1410
http://www.moh.gov.my/english.php/search/results http://www.moa.gov.my (statues, subordinated rules, decrees, laws, bills) http://www.nre.gov.my |
| Are received comments publicly accessible? | No | |
| Is the rulemaking body required by law to solicit these comments on proposed regulations? | No | |
| Is there a specialized government body or department tasked with soliciting and receiving these comments? | No | |
| Do ministries or regulatory agencies report on the results of the consultation on proposed regulations? | Yes, throughout government | |
| How does the government report on the results of the consultation? | Prepares one consolidated response. | |
| Where does the government report on the results of the consultation? | On the website of the relevant ministry or regulator. | |
| Is reporting on the results of the consultation required by law? | No |
| Question | Answer | Note |
|---|---|---|
| Do ministries or regulatory agencies conduct an impact assessment of proposed (not yet adopted) regulations? | Yes, throughout government |
All regulations that have significant impact on businesses and impose mandatory compliance are required to go through a regulatory impact assessment. (Best Practice Regulation Handbook; under sub-topic 3.1)
|
| Are there criteria used for determining which proposed regulations are subjected to an impact assessment? | Yes |
Regulations that have a significant impact on businesses and require mandatory compliance, as explained in the Best Practice Regulation Handbook, under sub-topic 3.1.
|
| Are there any specific regulatory impact assessment guidelines? | Yes | |
| Are impact assessments required by law? | Yes |
National Policy on the Development and Implementation of Regulations (http://www.mpc.gov.my/smart-regulation/)
|
| Are impact assessment made publicly available? | No | |
| How is this assessment distributed? | n/a | |
| When is this assessment distributed? | n/a | |
| Is there an obligation for regulators to consider alternatives to proposed regulation? | Yes, throughout government |
Regulators must document their regulatory policies and processes. The documentation should include, but not be limited to, a description of the problem, alternative solutions, the risks involved, the reasons for regulating, the consultation methods, outcome of the consultations, the cost benefit analysis and the conclusion and recommended option (National Policy on the Development and Implementation of Regulations (Sub-topic 3.3).
|
| Is there a specialized government body tasked with reviewing and monitoring regulatory impact assessments conducted by other individual agencies or government bodies? | Yes | |
| Please provide the name of this government body, and explain its functions. |
Malaysia Productivity Corporation (MPC) is responsible for Examining Regulatory Impact Statements (RIS) / Regulatory Impact assessment for adequacy an...
More
Malaysia Productivity Corporation (MPC) is responsible for Examining Regulatory Impact Statements (RIS) / Regulatory Impact assessment for adequacy and making appropriate recommendations. Results of the assessment is reported to the National Development P |
| Question | Answer | Note |
|---|---|---|
| Are the laws that are currently in effect available in a single place? | Yes | |
| How are the laws that are in force accessed? |
On a unified website managed by the government On a unified website managed by the private sector Printed in an official gazette / journal or ot... More On a unified website managed by the government |
http://www.federalgazette.agc.gov.my/index.php
http://www.cljlaw.com/ Percetakan Nasional Malaysia Berhad The printed copy of the Gazette can be ordered online. (http://www.printnasional.com.my/pnmb/index.php/products-and-services/product-information-and-services) |
| Are the secondary regulations that are currently in effect codified and available in a single place? | Yes | |
| Are these websites or registries updated regularly? | Yes | |
| Can these websites or registries be accessed by the public free of charge? | Yes |
| Question | Answer | Note |
|---|---|---|
| Do ministries or regulatory agencies conduct ex-post reviews? | Yes, throughout government | |
| Are there any criteria for which regulations are subject to ex-post reviews? | Yes |
Business regulations that are considered “unnecessary”; for reasons such as regulation is poorly designed or written, or it is not administered or enforced well are subjected to ex-post review. (http://www.mpc.gov.my/reducing-unnecessary-regulatory-burdens-rurb-2/#1459471256887-6d3f19cf-97f6)
|
| What specific approaches are used by your government? |
Statutory sunset clauses Ad-hoc reviews |
|
| Are ex-post reviews required by law? | Yes |
Section 2.4 of The National Policy on the Development and Implementation of Regulations (http://grp.miti.gov.my/miti-grp/resources/pdf/4_-_National_Policy_on_the_Development_and_Implemntation_of_Regulations.pdf?mid=678)
|
| Question | Answer | Note |
|---|---|---|
| Can affected parties request reconsideration or appeal adopted regulations to the relevant administrative agency? | Yes | |
| When appealing against adverse regulatory decisions, which options are typically available to affected parties? |
Administrative review by the regulatory body Administrative review by an independent body Judicial review |
|
| Is there any existing requirement that regulations be periodically reviewed to see whether they are still needed or should be revised? | Yes |
National Policy on the Development and Implementation of Regulations; Sub-topic(2.3)
http://www.mpc.gov.my/ |