Supreme Decree No. 023-2025-PCM Approving the Regulations of Legislative Decree No. 1565

FOUNDED ON OCTOBER 22, 1825 BY THE LIBERATOR SIMÓN BOLÍVAR "YEAR OF THE RECOVERY AND CONSOLIDATION OF THE PERUVIAN ECONOMY" SPECIAL SUPPLEMENT PRESIDENCY OF THE COUNCIL OF MINISTERS SUPREME DECREE No. 023-2025-PCM SUPREME DECREE THAT APPROVES THE REGULATIONS OF LEGISLATIVE DECREE No. 1565, LEGISLATIVE DECREE THAT APPROVES THE GENERAL LAW ON THE IMPROVEMENT OF REGULATORY QUALITY LEGAL NORMS TUESDAY, FEBRUARY 25 2025

2 LEGAL NORMS Tuesday, February 25, 2025 / El Peruano SUPREME DECREE No. 023-2025-PCM SUPREME DECREE THAT APPROVES THE REGULATIONS OF LEGISLATIVE DECREE No. 1565, LEGISLATIVE DECREE THAT APPROVES THE GENERAL LAW ON THE IMPROVEMENT OF REGULATORY QUALITY THE PRESIDENT OF THE REPUBLIC CONSIDERING:
That, Legislative Decree No. 1565, Legislative Decree that approves the General Law on the Improvement of Regulatory Quality, aims to strengthen and harmonize the process of improving regulatory quality, as well as the institutional framework and instruments that govern it as part of an orderly, comprehensive, coordinated, gradual, and continuous process to guarantee the effective compliance of public policies; That, the Second Final Complementary Provision of Legislative Decree No. 1565 provides, among other aspects, that the Executive Power regulates the aforementioned Law through a Supreme Decree with the approving vote of the Council of Ministers; That, consequently, it is necessary to approve the Regulations of Legislative Decree No. 1565, Legislative Decree that approves the General Law on the Improvement of Regulatory Quality, which has as its purpose, among others, to strengthen the implementation of the Improvement of Regulatory Quality in public entities under the scope of application of the Law, foster the development of a regulatory culture in the country to improve the quality of current and future norms, and promote the active and effective participation of citizens, the private sector, academia, and other stakeholder groups in the regulatory cycle; In accordance with the provisions of numeral 8 of article 118 of the Political Constitution of Peru; Law No. 29158, Organic Law of the Executive Power; and, Legislative Decree No. 1565, Legislative Decree that approves the General Law on the Improvement of Regulatory Quality; With the approving vote of the Council of Ministers; DECREES:
Article 1.- Approval of the Regulations
Approve the Regulations of Legislative Decree No. 1565, Legislative Decree that approves the General Law on the Improvement of Regulatory Quality, which consists of four (4) titles, seventy (70) articles, thirteen (13) final complementary provisions, and three (3) transitional complementary provisions, which forms an integral part of this Supreme Decree.
Article 2.- Financing
The implementation of what is provided in this Supreme Decree is financed from the institutional budget of the involved entities, without demanding additional resources from the Public Treasury.
Article 3.- Publication
This Supreme Decree is published in the Unique Digital Platform of the Peruvian State for Citizen Orientation (www.gob.pe) and in the digital headquarters of the Presidency of the Council of Ministers (www.gob.pe/pcm), on the same day of its publication in the official newspaper El Peruano.
Article 4.- Countersignature
This Supreme Decree is countersigned by the President of the Council of Ministers, the Minister of Justice and Human Rights, and the Minister of Economy and Finance.
COMPLEMENTARY PROVISION REPEALING
UNIQUE. Repeal of Supreme Decree No. 061-2019-PCM and Supreme Decree No. 063-2021-PCM
1.1. Supreme Decree No. 061-2019-PCM, Supreme Decree that approves the Regulations for the application of the Regulatory Quality Analysis of administrative procedures established in article 2 of Legislative Decree No. 1310, Legislative Decree that approves additional measures for administrative simplification, is repealed.
1.2. Supreme Decree No. 063-2021-PCM, Supreme Decree that approves the Regulations that develop the Institutional Framework that governs the Process of Improvement of Regulatory Quality and establishes the General Guidelines for the application of Ex Ante Regulatory Impact Analysis, is repealed.
Given in the Government House, in Lima, on the twenty-fourth day of the month of February of the year two thousand twenty-five.
DINA ERCILIA BOLUARTE ZEGARRA
President of the Republic
GUSTAVO LINO ADRIANZÉN OLAYA
President of the Council of Ministers
JOSÉ ANTONIO SALARDI RODRÍGUEZ
Minister of Economy and Finance
EDUARDO MELCHOR ARANA YSA
Minister of Justice and Human Rights

El Peruano / Tuesday, February 25, 2025 LEGAL NORMS 3 TITLE I: GENERAL PROVISIONS
Article 1.- Object
These Regulations aim to establish the regulatory provisions of Legislative Decree No. 1565, Legislative Decree that approves the General Law on the Improvement of Regulatory Quality, hereinafter, the Law.
Article 2.- Purpose
These Regulations aim to:
a) Strengthen the implementation of the Improvement of Regulatory Quality in public entities under the scope of application of the Law. b) Foster the development of a regulatory culture and good governance to improve the quality of current and future norms. c) Promote the active and effective participation of citizens, the private sector, academia, and other stakeholder groups in the regulatory cycle. d) Drive efficiency, effectiveness, transparency, coherence, simplicity, flexibility, agility, neutrality, and accountability in the exercise of the State's normative function. e) Favor the competitiveness, competition, and productivity of the country by incorporating innovative approaches for sustainable and inclusive economic, social, and environmental development.
Article 3.- Principles
In addition to those established in article 4 of the Law, the following are principles of the improvement of regulatory quality:

1. Territorial and Inclusion Approach.- Considers diversity, the autonomy of levels of government, non-discrimination, respect for difference, and promotes the effective participation of every person or groups affected by a public problem. Solutions are defined considering cultural, geographical, socioeconomic, gender, and other diversity.
2. Leadership and Political Commitment.- Effective, solid leadership and the commitment of senior management are fundamental for sustainability in the application of instruments and the process of improvement of regulatory quality. The importance of continuous political will and institutional support for effective articulation between sectors is emphasized, ensuring the success of initiatives.
3. Adaptability and Continuous Improvement.- Regulations must be designed with mechanisms that allow responding effectively to changes in social, economic, technological, and environmental contexts, fostering an institutional culture oriented towards learning, innovation, and continuous feedback, with regulation being dynamic, capable of evolving along with emerging challenges and contributing to guaranteeing sustainable, equitable, and effective solutions in the long term.
   Article 4.- Acronyms
   The following acronyms are used in these Regulations:
   a) RQA: Regulatory Quality Analysis. b) RIA: Regulatory Impact Analysis. c) MCRC: Multisectoral Commission for Regulatory Quality. d) LPAG: Law No. 27444, General Administrative Procedure Law. e) PCM: Presidency of the Council of Ministers. f) PMR: Regulatory Improvement Platform g) SGP: Public Management Secretariat of the Presidency of the Council of Ministers.
   Article 5.- Definitions
   For the purposes of the Law and these Regulations, the following definitions are established:
   a) Regulatory best practices: Set of processes, tools, and methods based on principles aimed at improving the quality of regulations. These practices may be recognized at the national or international level and include proven experiences as effective and successful in decision-making throughout the entire regulatory governance cycle, promoting an effective, efficient, and agile regulatory environment. b) Administrative burdens: Costs incurred by regulated parties as a consequence of complying with information obligations imposed by regulation in the processing of an administrative procedure. They do not include processing fees, to which article 43 of the LPAG refers. c) Regulatory compliance costs: All costs that natural and legal persons must assume to comply with norms of a general nature. These costs may derive from obligations, conditions, procedures, requirements, responsibilities, prohibitions, limitations, and/or any other rule that establishes requirements for persons. Regulatory compliance costs include direct payments, administrative burdens, substantive costs, among others, which are developed in the Manual for the application of Ex Ante Regulatory Impact Analysis. d) Regulatory culture: Set of beliefs, thoughts, attitudes, values, principles, traditions, routines, and practices present in society and in public entities throughout the regulatory cycle. e) Public entities: Those included in article I of the Preliminary Title of the LPAG that, within the framework of their competencies and the autonomies conferred upon them, have the authority to approve and/or propose norms of a general nature. f) Evidence: In the context of the regulatory cycle, it refers to the results obtained from the analysis and evaluation of data, qualitative and quantitative information, and documents that have been identified, collected, systematized, and processed from reliable and objective sources for decision-making, and that meet criteria of precision, relevance, comprehensiveness, truthfulness, coherence, and reliability. g) Norm of a general nature: A norm of a general nature is understood as one that creates, modifies, regulates, declares, or extinguishes rights or obligations of a general nature, from whose text a generic, objective, and mandatory mandate derives, binding the Public Administration and the regulated parties, either for the compliance of a provision or for the generation of a legal consequence. By way of example, projects of normative provisions are considered to be: draft laws, projects of legislative decrees, projects of supreme decrees, as well as other projects of normative provisions of a general nature proposed by public entities of the Executive Power in the exercise of their normative powers and that are published in the official newspaper El Peruano. h) Information obligation: The requirement established in a norm of a general nature that the regulated party has to present documents, declarations, information, actions,
   diligences, comply with conditions, and other requirements indicated in the processing of an administrative procedure. i) Persons: Comprises natural persons and legal persons, with or without profit purposes, as applicable.
   Article 6.- Scope of Application
   6.1 These Regulations are mandatory for public entities of the Executive Power that have the authority to approve and/or propose norms of a general nature.
   6.2 Regional and local Governments may implement, gradually and progressively, the instruments for the improvement of regulatory quality that are prioritized, according to their operational capacity and respecting their autonomy, taking into account the guidelines established by the PCM through the SGP.
   6.3 Other public entities included between numerals 2 to 7 of article I of the Preliminary Title of the LPAG may, within the framework of their competencies and the autonomies conferred upon them to issue norms of a general nature, apply the provisions contained in these Regulations, as well as incorporate actions for the improvement of regulatory quality, in the exercise of their authority to propose, draft, and/or approve norms of a general nature.
   Article 7.- Improvement of Regulatory Quality as a Means of the Administrative System for the Modernization of Public Management
   The improvement of regulatory quality, as an integral part of the Administrative System for the Modernization of Public Management and under the stewardship of the PCM through the SGP, constitutes an active, orderly, comprehensive, coordinated, gradual, dynamic, and continuous process. This process aims to optimize the normative production process to foster comprehensive and sustainable development, social well-being, and the strengthening of good governance, through the implementation of instruments, guidelines, tools, methodologies, and strategies that allow improving and ensuring the quality of regulation.
   Article 8.- Normative and Legislative Technical Coherence
   Normative and legislative technical coherence are part of the improvement of regulatory quality, and are subject to current normative provisions, as well as to complementary guidelines that the Ministry of Justice and Human Rights issues on the matter.
   Article 9.- Regulatory Cycle
   9.1 The regulatory cycle is a systemic, dynamic, and complete process that includes the planning, design, drafting, and approval, implementation, compliance, monitoring, evaluation, and continuous improvement of evidence-based regulation.
   9.2 For the purposes of the Law and these Regulations, the regulatory cycle comprises the following consecutive phases:
   a) Planning: Priorities and public problems to be solved that may have an impact on the development of a regulatory or non-regulatory alternative are defined. Planning is articulated with public policy objectives, if applicable. b) Design: Affected groups are considered, the public problem is refined and justified, and the analysis of possible economic, social, environmental, and gender impacts, among others, is carried out. Its objective is to guarantee that the decision is evidence-based, in accordance with the legal system and established objectives. c) Drafting and approval of the normative project when applicable: comprises the regulatory process that covers the development of the normative project drafted by the public entity, which addresses the public problem, with the purpose of becoming a norm of a general nature, for which normative coherence and legislative technique, and the regulatory improvement instruments provided for this purpose are taken into account; until its publication in the official newspaper El Peruano. Its drafting and processing are subject to the procedure regulated by Law No. 26889, Framework Law for the Production and Systematization of Legislation, its Regulations, and other applicable norms. d) Implementation and compliance: comprises the execution or implementation of the norm of a general nature, for which actions identified in the design and drafting phase of the regulation by public entities are taken into account. In this stage, the compliance mechanisms established in the norm are made effective; as well as the taking of measures in case of non-compliance. e) Monitoring and evaluation: comprises the monitoring of the compliance of activities planned in the implementation of the norm to achieve the intended objectives, which implies that public entities must have updated information in order to identify improvements, if necessary. f) Continuous improvement: comprises the review of the norm of a general nature either to modify, optimize, or repeal it. Improvements are linked to the compliance with the purpose and objectives of the norm, as well as to the review of the mechanisms or instruments established for its achievement.
   9.3 The public entity that requires issuing a regulatory measure must comply with the following:
   a) Be evidence-based, for which it must have a reasonable justification; likewise, the choice of the best regulatory alternative must allow the protection of the public interest seeking to generate and facilitate comprehensive and sustainable development, social well-being, and the strengthening of good governance. b) Guarantee that the regulatory production process is open and transparent, for which this process must have mechanisms for public consultation, coordination, and permanent cooperation that allow the early participation of interested parties and public entities involved in the implementation of the provisions that are the subject of regulation. c) Promote free and fair competition in markets; for which it fosters and facilitates inclusive and sustainable development, innovation, business and enterprise development. d) Promote interculturality, inclusion, respect for human rights, gender equality, and equity, avoiding all types of discrimination. e) Guarantee the harmonization and coherence of regulations and policies that make up the legal system to generate legal certainty, predictability, and clarity for the benefit of citizens in general. f) Guarantee the monitoring and follow-up of the compliance of regulation; measure and evaluate the effects of the practical implementation of regulation to determine if behaviors and conditions are being modified; and, verify if the objectives for which it was approved are being met, if it has been effective, and if it has generated unanticipated impacts that require proposals for the improvement of regulation or its repeal.
   9.4 In the development of the phases of the regulatory cycle, public entities take into consideration the principles of improvement of regulatory quality.
   TITLE II: REGULATORY GOVERNANCE
   Article 10.- Steering Entity
   In addition to the functions provided in the Law, the following are functions of the SGP, as the steering entity for the improvement of regulatory quality:
   a) Foster the generation of spaces for technical exchange and actions that consolidate the regulatory cycle through the strengthening of the capacities of involved actors and the continuous implementation of regulatory best practices. b) Promote research, development, and innovation in matters of improvement of regulatory quality. c) Provide advice and technical assistance to public entities on the improvement of regulatory quality. d) Manage information related to the monitoring and follow-up of the implementation of instruments for the improvement of regulatory quality in public entities. e) Promote the exchange of best practices and experiences related to the improvement of regulatory quality with other entities, at the national and international level. f) Recommend to regulatory bodies the modifications and/or improvements of the guidelines, instruments, or methodologies implemented, in order to maintain coherence with the framework of the improvement of regulatory quality. g) Issue a binding opinion on the scope, interpretation, and integration of norms in matters of improvement of regulatory quality. h) Supervise the compliance with the Law and these Regulations; and, in case of non-compliance, coordinate the corresponding actions with competent authorities.
   Article 11.- Multisectoral Commission for Regulatory Quality (MCRC)
   11.1 The MCRC aims to evaluate and validate the application and results of the Stock RQA, Ex Ante RQA, Ex Post RQA, Ex Ante RIA, and Ex Post RIA based on the technical evaluation presented by the Technical Secretariat of the MCRC; as well as, adopt evaluation criteria, and identify casuistry of normative projects, to generate predictability and transparency regarding its actions.
   11.2 The MCRC is composed of:
   a) The Secretary of the Public Management Secretariat of the Presidency of the Council of Ministers, who presides over it. b) The Director of the Directorate of Normative Efficiency for Productivity and Competition of the Ministry of Economy and Finance. c) The Director of the General Directorate of Normative Development and Regulatory Quality of the Ministry of Justice and Human Rights.
   11.3 The MCRC contributes to the design of mechanisms for the strengthening of the improvement of regulatory quality, in accordance with the purposes of the Law and these Regulations.
   11.4 The MCRC, through the specialized technical teams referred to in article 14 of these Regulations, contributes to the steering entity in technical assistance on the improvement of regulatory quality, including the implementation of instruments for the improvement of regulatory quality.
   11.5 The participation of the members of the MCRC is mandatory and ad honorem.
   11.6 The MCRC has an Internal Regulations formulated at the proposal of the Technical Secretariat, and is approved by ministerial resolution of the PCM.
   11.7 The president of the MCRC must present annually an executive summary to the President of the Council of Ministers on results and degree of advancement of the implementation process of Ex Ante RIA and Ex Ante RQA in public entities.
   11.8 All communication, request, or submission of files to the MCRC is made through its Technical Secretariat.
   Article 12.- Technical Secretariat
   12.1 The Subsecretariat of Simplification and Regulatory Analysis, or the one that acts in its place, of the Public Management Secretariat of the Presidency of the Council of Ministers, exercises the role of Technical Secretariat (TS) of the MCRC.
   12.2 The Technical Secretariat of the MCRC provides technical and administrative support to the MCRC, acting as a link between it and regulatory quality improvement officers, public entities, the private sector, academia, organized civil society, or citizens in general.
   Article 13.- Functions of the Technical Secretariat of the MCRC
   The Technical Secretariat of the MCRC has the following functions:
   a) Prepare the agenda and call for sessions, keep the record of minutes, follow up on MCRC agreements, issue reports, official letters, or other pertinent documents that contribute to the fulfillment of the MCRC's object. b) Determine the admissibility of files containing the application of the instruments for the improvement of regulatory quality indicated in numeral 11.1 of article 11 of these Regulations. c) Elaborate the proposal for the technical evaluation of files containing the application of the instruments for the improvement of regulatory quality indicated in numeral 11.1 of article 11 of these Regulations, in close coordination with the specialized technical teams of the public entities that make up the MCRC, and present it to the MCRC. d) Propose evaluation criteria for the different instruments for regulatory improvement

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