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1.6 Report on potential regulatory impact assessment (the Checklist)
The government agencies have to write a report accordingly to ‘Guidelines on

regulatory impact assessment” that has been published by the Law Reform Commission and
approved by the cabinet, in accordance with the power granted by Article 17 of the Act on

the Rules for the Drafting of Legislation and the Evaluation of the Law 2019. The report also
has to closely follow the format of ‘Report on potential regulatory impact assessment’. The
report is divided into two parts; necessary reasons to enact a new law and its potential

impacts, and necessary reasons to implement permit system, committee system, criminal

punishment and the exercise of officers’ discretion.
1.Reporting necessary reasons to enact a new law and its potential
impacts

The main objective of this part of the checklist is to compel the government
agencies to investigate and explain the necessary reasons for their purposed bill and ensure

that government’s intervention through the law is the most suitable solution to fix their
specific problem. Also, this part of the checklist requires that the agencies assess all the
likely impacts from the purposed bill on groups of the stakeholders. The agencies have to

explain and assess 1) Problem, Causes of the problem and Effects of the problem 2)
Objectives and goals of the purposed bill 3) Baseline solution 4) Public consultation 5) Other

relevant legislation and regulations 6) Potential impacts from the bill 7) Agency’s readiness
and cost of implementation and enforcement, and 8) Overall impact from the bill.

2. Reporting content-consistency assessment
The content-consistency assessment will consider necessary reason to

implement 1) permit system, 2) committee system, 3)criminal punishment and 4)the
exercise of officers’ discretion in administrative action and administrative order. The agencies
have to take into consideration the first part of the checklist and ensures that the use of the

four aforementioned systems and measures would be consistent with the first part of the
checklist. This is because the usages of the four systems and measures are prevalent in

Thailand and they are burdens and impediments in the Thai legal system including both the
enforcers and the law-abiding citizens. Only the agencies wish to employ one of these

systems and measures have to fill in this second part of the checklist.