In alignment with Saudi Vision 2030, and in recognition of the fact that sound legislation reflects the development and progress of society, the Saudi legislator has encouraged competitiveness in developing the legislative environment by issuing decisions that set out the requirements and controls to be observed when preparing studies for laws, regulations, and similar instruments.
Below are the key points related to the legislative requirements mentioned in Council of Ministers Resolutions No. (713) and No. (476):
First: Requirements to be observed by government entities when submitting proposals for draft laws, regulations, and amendments to the Prime Minister
Government entities must ensure that the proposal is aligned with the approved visions, plans, and strategies, while also taking into consideration the competencies of other relevant authorities.
Elements to be considered when submitting proposals for laws, regulations, and amendments
If the proposal includes a new idea for a draft law, regulation, or similar instrument, the government entity must, before preparing it, submit a comprehensive concept note. This note should include the objectives of the proposal, the target group to which it will apply, and the extent of the need for it.
The proposal shall then be submitted to the Council of Economic and Development Affairs, according to its jurisdiction, to obtain initial guidance. After that, it will be returned to the relevant entity to complete the necessary procedures in accordance with these controls.
The proposal must include a statement of the legal basis for the entity’s authority to request the issuance of the proposal, its objective, its main elements, the reasons for its preparation, and a clear explanation of its provisions, in addition to the following:
- A statement of the international legislation and experiences relied upon during the preparation of the proposal, including the most important legal provisions contained in such legislation.
- A clear statement of the expected financial, economic, and employment impacts that may result from its implementation, including the impact on public and private sector entities, as well as the social impacts, in coordination with the relevant authorities.
- A table identifying the laws, legal provisions contained in laws, regulations and similar instruments, royal orders, Council of Ministers decisions, and royal directives that will be repealed or amended as a result of issuing the proposal, along with the corresponding proposed provisions and the reasons for such repeal or amendment.
- A statement of the international agreements, and similar instruments, to which the Kingdom is a party and which are directly related to the proposal, including the obligations imposed on the Kingdom under such agreements.
Second: Publication of proposals related to economic and development affairs
Subject to the foregoing, when a government entity prepares a proposal related to economic and development affairs concerning draft laws, regulations, or similar instruments, or amendments to existing ones, it must publish the proposal on the Unified Electronic Platform for Public and Government Consultation on the internet.
The proposal must also undergo regulatory impact assessment for a period of no less than 30 days.
This allows government entities, individuals, and the private sector concerned with the provisions of the proposal to submit their views and comments. The government entity must also publish a summary of the most important views and comments received.
The relevant entity may conduct public and government consultation more than once on the proposed project whenever necessary. It may also decide to publish proposals related to other matters, together with a summary of the views and comments submitted in relation to them.
Third: Publication of regulatory rules, regulations, and decisions
Each government entity, when preparing a proposal related to economic and development affairs for regulatory rules, regulations, decisions, or similar instruments that fall within its jurisdiction and require submission, must publish the proposal on the Unified Electronic Platform for Public and Government Consultation on the internet.
This enables the relevant government entities and individuals affected by its provisions to submit their views and comments.
The entity must then publish a summary containing the most important views and comments on the platform.
Government entities must work with the Laws and Regulations Support Unit at the National Competitiveness Center, in accordance with the work mechanism and governance framework to be prepared by the Center regarding the publication process.
Fourth: Procedures taken by the General Secretariat of the Council of Ministers upon receiving the proposal
- The proposal shall be referred to the Bureau of Experts at the Council of Ministers to verify that the government entity has fulfilled the preparation requirements set out in the first section. If it is found that the entity has not fulfilled these requirements, the proposal shall be returned to the entity for completion.
- In addition to the above, if the proposal is a draft law, copies shall be provided to stakeholders as well as the heads of independent bodies to provide their comments, particularly legal and substantive comments. Such comments must be reasoned and submitted within a period not exceeding 30 days. The comments shall be referred directly to the Bureau of Experts in paper form, in addition to being sent to the Bureau’s email.
Fifth: Procedures taken by the Bureau of Experts at the Council of Ministers upon receiving the proposal
When the Bureau of Experts receives the proposal, the following must be observed during the preparation of draft laws and regulations:
First
The proposal shall be studied with the relevant government entities, taking into consideration the following:
It must not violate the Kingdom’s obligations under international agreements in force within the Kingdom. It must also take into account model laws, guiding laws, and regional and international customary codes related to its subject matter, provided that they do not conflict with its objectives.
The proposal must not contradict established judicial principles. It must also include a statement of the effects on existing legal situations and rights, as well as any transitional provisions included, if any.
Second
A statement must be provided of the provisions related to the subject matter of the proposal contained in international agreements in force in the Kingdom, and whether the proposal’s provisions have taken them into account.
Third
The proposal must be drafted in its final form in accordance with recognized drafting principles.
Fourth
The proposal shall be referred to the General Secretariat of the Council of Ministers, specifically the General Committee of the Council of Ministers, to complete the required legal procedures according to the nature of the proposal. The results of the consultation and the summary issued by the Laws and Regulations Support Unit shall also be considered.
It must be emphasized that government entities should ensure that their representatives participating in the study of the proposal are specialists with sufficient qualifications and experience.
Government entities and the Bureau of Experts at the Council of Ministers may also seek the assistance of specialists and experts from within and outside the Kingdom on a non-full-time basis, and may hold seminars and workshops whenever the study of the proposal requires it.
In addition, when the General Committee of the Council of Ministers receives a proposal from the Shura Council for draft laws, regulations, or similar instruments, or amendments to existing ones, it must consider referring the proposal to the relevant government entity to provide its views.
This shall be done while observing paragraph (2) of the first section of these controls. The relevant entity shall submit its views within a period not exceeding 120 days, or within any other period determined by the General Committee of the Council of Ministers in this regard.