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ผลกระทบทางสังคมในการตรากฎหมาย

Executive summary

The appearance of state duty to conduct regulatory impact assessment (RIA)

under Section 77 of the 2017 Constitution becomes a milestone in establishing an
RIA legal regime in Thailand. This recognition was then fruitful where there was the
implementation of law under the Act on Rules on Preparing Law Drafts and

Assessing Legal Implementation B.E. 2562 (2019) (hereafter RIA Act 2019).

The RIA Act 2019 provides various rules regarding the assessment of impacts

arising from law drafts and legislation. They include the requirement for state
agencies seeking to propose a regulatory proposal, to have public consultation
regarding the impacts from the law drafts developed by them. The impacts

required for such a consultation are economic, social, environmental impacts and
those in other dimensions. The outcome of this process will be prepared in the

form of RIA reports.

Although the RIA Act 2019 guides what dimension of the impacts should be
analyzed, no details are provided on how those impacts can be assessed. There

are no approaches and methods suggested for the assessment. It is true that two
documents, namely RIA Guidelines and RIA Handbook, were subsequently
4
3
published to guide what the Act does not provide. It remains unclear whether the
Guidelines and Handbook offer sufficient information for assessing impacts. Also,
there is room to examine further whether the Guidelines and Handbook meet

international standards. Apart from that, as of 9th September 2021, there is no
report in Thailand examining whether and how social impact can be assessed in

the process of conducting RIA.

Due to the above problems and the need to create new knowledge bodies,

this study focuses on how other jurisdictions provide the approaches and methods

3 This Guidelines were made by virtue of Sections 7 and 17 of RIA Act 2019.
4 This Handbook was developed by the Council of State Office, further explaining the points
stated in the RIA Guidelines.

สถาบันพระปกเกล้า

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