introduction to the draft of law on development … · •planning of development policy-making...
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INTRODUCTION TO THE DRAFT OF LAW ON
DEVELOPMENT POLICY AND PLANNING
Integrated Government
Policy Framework
Integrated Policy making system
Practices of Policy
Implementation Ts.Myadagmaa
Senior Specialist of Development Policy, Strategic Planning and
Regulation Department, Ministry of Economic Development
M I N I S T R Y O F E C O N O M I C D E V E L O P M E N T
CONTENTS
M I N I S T R Y O F E C O N O M I C D E V E L O P M E N T
I.OUTPUTS PRODUCED WITHIN DRAFTING
FRAMEWORK OF LAW ON DEVELOPMENT POLICY
AND PLANNING
II. CURRENT LEGAL REGULATIONS ON PLANNING
III. INTRODUCTION TO DRAFT OF LAW ON
DEVELOPMENT POLICY AND PLANNING
I.OUTPUTS PRODUCED WITHIN DRAFTING FRAMEWORK OF LAW ON
DEVELOPMENT POLICY AND PLANNING
Regional seminars
Shared understanding of Development policy and planning system.
SWOT analysis of Development policy making (formulation)
646 participants
Set up a working group
17 members ( Ministries responsible for sectors and representatives of local communities)
Assessment and analysis of existing system
Revision and improvement of Draft Law
Consultation with Higher education in
institutions
166 participants from 6 institutions, who
provided their feedback and recommendations
2013.11.16-23
( Revision & Improvement of the draft)
2014.01.03-13
(Consultation and
discussion)
2012-2013 study and research
2013.11.25-30 (21 regions)
2013.12.17-18 (Ulaanbaatar)
Improvement of the draft
M I N I S T R Y O F E C O N O M I C D E V E L O P M E N T
II. CURRENT LEGAL REGULATIONS ON PLANNING
Development policy making processes, arrangements and steps
M I N I S T R Y O F E C O N O M I C D E V E L O P M E N T
Central Authority of
State Administration
Other Central
Authorities of
State
Administration. Receive
feedback,
request.
Regulated by Law
Provide
comments,
feedback,
request No legal regulation
Approve concept
Regulated by Law.
Functions of Government in Development
Policy making
Legal regulation
Deliver.
Submit
Regulated by Law.
Fully regulated by Law .
Sector development Policy making
Regulated by Sector Law.
Functions of Parliament in Development Policy
making
Legal regulation
Links, Coordination for the
Integrated Policy and
planning have not achieved
satisfactorily.
Although the Ministry of
Economic Development is
responsible for ensuring
harmonization and
coordination, operating
mechanism is lacking within
legal framework.
Legal re
gula
tion
Complete
General
Weak
Not clear Planning steps not
formalized and
maintained.
Content is not
reviewed .
III. LAW ON DEVELOPMENT POLICY AND PLANNING
Contents of the law
• Purpose, terms, principles Chapter One • Responsibilities and Rights of State Administration
Body for Development Policy and Planning Chapter Two • Planning of Development Policy-making (formulation),
Approval of Policy Documents, Making changes and amendments in Policy documents
Chapter Three
• Regional Development Policy and Planning system, Approval of Policy Documents Chapter Four
• Monitoring and evaluation of Development Policy Documents Chapter Five
• Ensuring public participation and transparency in planning activities Chapter Six
• Sanctions for violations of the legislation Chapter Seven
The Law has 7 Chapters, 32 articles.
M I N I S T R Y O F E C O N O M I C D E V E L O P M E N T
Purposes and scopes of the Law
Э Д И Й Н З А С Г И Й Н Х Ө Г Ж Л И Й Н Я А М 6
establishing legal framework and underlying principles for Development and Planning
Building and operationalising Integrated National, Regional and Sector Policymaking and Planning, ensuring links and harmonization on long, medium and short term
developing, approving and implementing a Development Policy and carrying out monitoring and evaluation
M I N I S T R Y O F E C O N O M I C D E V E L O P M E N T
III. LAW ON DEVELOPMENT POLICY AND PLANNING
Relations regulated by the Law
Legal regulations on Policy Planning processes
Making Policy
Proposals
Planning
Budgeting
Implementing
Reporting
Monitoring and
Evaluation
• Law on Development Policy and Planning /Draft/
.
• Law on Budgeting .
• Law on Government and others
.
M I N I S T R Y O F E C O N O M I C D E V E L O P M E N T
III. LAW ON DEVELOPMENT POLICY AND PLANNING
Underlying principles of Development Policymaking and Planning
Ensure protection of National Interest;
Ensure integration, completeness and links;
Ensure continuity;
Ensure analysis and evidence to base the Policymaking;
Ensure consistency with potential and resources;
Ensure transparency, synergy between Local Self Governance and Central Government efforts and public participation
M I N I S T R Y O F E C O N O M I C D E V E L O P M E N T
III. LAW ON DEVELOPMENT POLICY AND PLANNING
Long
Medium
Short
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
Government
Action Plan
National
Program
NATIONAL
INVESTMENT
PROGRAM
Gu
ide
lin
es
Comprehensive Development Policy
Vision for Development
State policy on a sector
Comprehensive Development Policy
State policy on a sector
Government
Action Plan
National
Program
NATIONAL
INVESTMENT
PROGRAM
Development Policy Documents
Partial regulations by
current laws.
Regulated by Law of Budget.
M I N I S T R Y O F E C O N O M I C D E V E L O P M E N T
III. LAW ON DEVELOPMENT POLICY AND PLANNING
NATIONAL SECTOR REGIONAL
LONG
Vision for
Development
Comprehensive
Development policy
State policy on a
sector
Vision for Regional
Development
Comprehensive Regional
Development Policy
MEDIUM
Government Action Plan
National Investment
Program
National Programs
Government Action Plan
Sub programs
SHORT
(General Framework)
Guideline for State
Economic & Social
Development
----
General Framework)
Guideline for Regional
Economic & Social
Development
Links between Development Policy documents
M I N I S T R Y O F E C O N O M I C D E V E L O P M E N T
III. LAW ON DEVELOPMENT POLICY AND PLANNING
Planning of Development Policy Documents
M I N I S T R Y O F E C O N O M I C D E V E L O P M E N T
III. LAW ON DEVELOPMENT POLICY AND PLANNING
Vision for
Development
Comprehensive Development
Policy
National Investment Program
NP
SPS
GOVERNMENT ACTION PLAN
State Policy on sector SP
National Program NP
GUIDELINE
Political
Parties’
Election
Program
National
Consensus
Framework
Planning of Regional Development Policy Documents
M I N I S T R Y O F E C O N O M I C D E V E L O P M E N T
III. LAW ON DEVELOPMENT POLICY AND PLANNING
Vision for Regional
Development
Comprehensive Development
Policy of Region
SP
GOVERNOR’S ACTION PLAN
Sub Program SP
REGIONAL
GUIDELINE
Governor’s
Election
Program
National
Consensus
Framework
Duties of parties on development policymaking and planning
M I N I S T R Y O F E C O N O M I C D E V E L O P M E N T
III. LAW ON DEVELOPMENT POLICY AND PLANNING
№ Titles of the Policy Documents Implementation
timeframe
Development Approval/ad
option
Links Time given for
development
Long term Development Policy document
1 Vision for Long term Development 30 year MED\GoM Parliament
2 Comprehensive Development
Policy
15 year MED\GoM
Parliament (1)
3 State Policy on a sector 10 year + CASA\GoM
Parliament (1,2)
Medium term Development Policy Document
4 Government Action Plan 4year MED\GoM
Parliament (2,3) 60 days
5 National Programs
4 year CASA GoM (4)
+6 months 6
National Investment
Program
4 year MED Parliament (4, 5)
Short term Development Policy Document
7 Үндсэн чиглэл 1 year MED\GoM Parliament (4, 5, 6) Terms and
dates on Law
Medium and short term planning processes
M I N I S T R Y O F E C O N O M I C D E V E L O P M E N T
III. LAW ON DEVELOPMENT POLICY AND PLANNING
2012.06
2012.08 2012.10 2012.12 2013.06 2013.12 2014-
2016.06
Parliament was newly established as result of the Parliament Election
1
Implementation of Mongolia’s Economic and Social
Development Guideline for 2012, that was approved
in June was ongoing
2
Government Action plan, Government Action plan Implementation
Guideline approved
3
4
Mongolia’s Economic and Social
Development Guideline for 2014
approved .
5
Mongolia’s Economic and Social Development Guideline for 2013 was
approved by the previous Parliament .
Government set up
20
16
.12
6
Parliament was newly established as
result of the Parliament Election
.
20
15
2016
2017
10
9 8
7
2017.12
GOVERNMENT
DEVELOPMENT COUNCIL /Members of Government, State Secretaries, Governor
Bank of Mongolia and President of Development
Bank…etc /
Sector Ministries
REGION
Central Authority of
State Administration for
Economic Development
PARLIAMENT OF
MONGOLIA
Draft Policy
Draft of Policy
Documents
GENERAL PUBLIC, PRIVATE SECTOR
Information, proposal
PRESIDENT OF
MONGOLIA
Draft and
comments
National
Consultation General Directions
Vision for
Development,
Priority
Draft
RESEARCH
&
ANALYTIC
INSTITU-
TIONS
Political
Parties,
Civil
Organi-
zations
and
others
Development Policy making and planning system
Санал, дүгнэлт
M I N I S T R Y O F E C O N O M I C D E V E L O P M E N T
III. LAW ON DEVELOPMENT POLICY AND PLANNING
Draft of Policy
Documents
Draft of Policy
Documents
Draft of Policy
Documents
Information, proposal
Proposal, Recommendation
Structure of Development policymaking and planning system
M I N I S T R Y O F E C O N O M I C D E V E L O P M E N T
III. LAW ON DEVELOPMENT POLICY AND PLANNING
National
Regional and municipal
Soum and district level
MED /
CASA Department
Development Policy Department
Development Policy Department ,
specialist
Level Organisation
M I N I S T R Y O F E C O N O M I C D E V E L O P M E N T
III. LAW ON DEVELOPMENT POLICY AND PLANNING
Objective
• Assess quality of development policy planning operation.
• Appraise/evaluate OUTCOMES and effectiveness of
decisions made during Development Policy making and
Planning
• Rate/weight achievement of plans (OUTCOMES) under
the Development Goal Framework
• Assess impact of internal and external factors on
achievement of planned outcomes under the Development
Goal Framework
• Develop recommendations to improve and enhance
Development Policy making and Planning system
Goal – Improved performance, efficiency of
Development Policy making and Planning,
implementation operation
•Preliminary/Planning
• Implementation process
•Reporting
•Internal /Hierarchical/
•External/Independent
NOT ACTIVITY
BASED BUT
PERFORMANCE BASED
Monitoring & Evaluation
Monitoring and evaluation of Development Policy making and Planning
Parliament M&E
Independent M&E
MED
Background and purposes
Analyses of benefits
Approving and
financing
Monitoring on Imlemetation
Evaluation
Reporting and
feedback
Before Approval of Policy Document
After Approval of
Policy Document
Cycle of Policy
Documents
Government Order #322 of 2013
Law on
DPP
MF
1. CASA/RA
2. CSG
3. Independent
Monitoring and evaluation system
M I N I S T R Y O F E C O N O M I C D E V E L O P M E N T
III. LAW ON DEVELOPMENT POLICY AND PLANNING
Development policy making processes, arrangements and steps
Central Authority of
State Administration
Other Central
Authorities of
State
Administration.
Receive feedback,
request.
. Fully regulated
by Law
Comments and
proposals Fully regulated by Law
Approve concept Fully regulated by Law
Functions of Government in Development
Policy making
Legal regulation
Deliver.
Submit
Fully regulated by Law .
Fully regulated by Law .
Салбарын бодлого боловсруулна Fully regulated by Law
Functions of Parliament in Development Policy
making
Legal regulation
Төлөвлөлтийн үе
шат, цаглабарыг
хуулинд тусгав.
Content is reviewed .
Responsibilities
and Rights of
State
Administration
Body for
Development
Policy and
Planning will be
determined by
Law on DPP
Make conclusion
on financing
Fully regulated by Law
1
3
2
Монгол Улсын Эдийн
засгийн хөгжлийн яам
Монгол Улсын
Сангийн яам
M I N I S T R Y O F E C O N O M I C D E V E L O P M E N T
III. LAW ON DEVELOPMENT POLICY AND PLANNING
Legal re
gula
tion
Complete
General
Clear
Complete
Legislation system of Law on Development Policy and Planning (draft)
Laws on Budgeting,
financing and investment
and others
Acts and Implementation Regulations
14.3 Regulation on Development Policy Formulation and
Designing
20.7 Regulation on National Investment Program Design
and Development, proposal appraisal and prioritization.
21.18 Regulation on Guideline ( General Framework
30.3 Regulation on Development Policy Design,
Development, Implementation Monitoring and Evaluation,
promoting Participation of байгууллагуудын оролцоог
дэмжих нийтлэг of Civil Society in Monitoring and
Evaluation
30.3 Regulation on Selection of independent evaluator of
Development policy making and Implementation
30.3 Regulation on Monitoring and evaluation of
Development Policy design and Development and
implementation.
Constitutional Law of Mongolia
Law on Government
Law on the State Great
Khural Procedure
Law on
Development Policy
and Planning
Law on the Drafting and
Submission of Laws and
other decisions made by
the Parliament
Law of mongolia
on administrative
And territorial
units and their governance
Law on Regional
Development
Administration and Coordination
Law on
Budget
Law on Parliament
21.19 Formats and
forms used for
collection of economic
and social
development indicator
data from Central
Authorities of State
Administration and
Local Administration.
M I N I S T R Y O F E C O N O M I C D E V E L O P M E N T
M I N I S T R Y O F E C O N O M I C D E V E L O P M E N T
III. LAW ON DEVELOPMENT POLICY AND PLANNING
Political Parties
Implementation OPTIONS
Cohesive Policy
21
Key concept of the Law and new system
22
THANK YOU FOR YOUR KIND ATTENTION
Please send us your comments on Draft of Law through this contact [email protected]
Together for
Development
M I N I S T R Y O F E C O N O M I C D E V E L O P M E N T