2026年秘鲁的监管政策

Peru has made significant progress in establishing a regulatory policy framework aligned with OECD principles and best practices. The General Law to Improve Regulatory Quality, enacted in 2023, provides a solid foundation for better regulation by integrating key tools such as Regulatory Impact Assessment (RIA), stakeholder engagement, and ex post evaluation. However, implementation remains uneven due to limited capacity, high staff turnover, and coordination challenges.

Key developments and achievements:

• Institutional framework: The General Law establishes a whole-of-government approach to regulatory policy, with the Secretariat of Public Administration (SGP) leading the implementation, supported by the Multisectoral Regulatory Quality Commission (CMCR). The 2025 Bylaw further strengthens governance, coordination, and the use of regulatory tools across all administrative levels.
• Evidence-informed regulations: Peru has introduced mandatory RIA for the Executive Branch, although uptake remains limited due to the use of exceptions and lack of proportionality criteria. The CMCR oversees RIA quality, but faces pressures and resource constraints. Ex post evaluation is still in its early stages, but the General Law establishes a gradual implementation plan. Administrative simplification continues to be a cornerstone of regulatory reform, with tools like the Single Text for Administrative Procedures (TUPA) and the Single System of Formalities (SUT) helping reduce burdens on citizens and businesses.
• Stakeholder engagement and transparency: Peru has strengthened transparency and stakeholder engagement through the development of policy documents, guidelines, and mandatory consultation processes for regulations that create or modify compliance costs. The Bylaw makes stakeholder engagement mandatory for all regulations subject to RIA, linking consultation outcomes directly to RIA submissions.
• Regulatory delivery: Peru lacks a unified policy on regulatory compliance and enforcement, with inspection and sanctioning responsibilities dispersed among ministries and agencies. While some inspectorates use risk-based approaches, co-ordination remains limited and capacity gaps persist. Economic regulators (OSIPTEL, OSINERGMIN, OSITRAN, and SUNASS) demonstrate strong governance and sound alignment with OECD best practices, although their independence faces pressures from administrative and political processes.
• Multi-level governance for regulatory coherence: Sub-national governments in Peru have broad regulatory powers but limited capacity to apply regulatory management tools. The General Law mandates the PCM to advise sub-national entities to adopt better regulation practices. Current pilot programmes aim to extend RIA and administrative simplification to regional and municipal levels. Peru engages in International Regulatory Co-operation (IRC) practices on multiple levels, despite an absence of an overarching policy statement that promotes a whole-of-government IRC approach.
• Agile regulatory governance: Peru’s General Law promotes agile regulatory governance by introducing cost-effective innovation in regulation. However, the operational framework for agile governance is not yet developed. The Superintendence of Banking, Insurance and Private Pension Fund Administrators of Peru (SBS) has pioneered regulatory sandboxes for financial innovation, while other regulators employ data-driven and risk-based methods. Despite these efforts, awareness and capacity remain limited.

Challenges and recommendations:

• Complete the policy framework: Publish the Bylaw of the General Law and develop policy documents for ex post evaluation, regulatory enforcement and inspection, and sub-national regulatory policy.
• Strengthen capacity and resources: Advocate for more solid and lasting resources and technical staffing to implement regulatory policy, particularly for key institutions like the Undersecretariat for Simplification and Regulatory Analysis (SSAR).
• Foster stakeholder engagement: Advance the implementation of stakeholder engagement during the development of regulations, including limiting exceptions and establishing proportional requirements on public consultation.
• Improve regulatory delivery: Include the policy of inspections and enforcement of regulations as an integral part of Peru’s regulatory policy, emphasizing compliance and enforcement as part of the broader policy statement on regulatory quality.
• Strengthen economic regulators’ independence: Take steps to strengthen the culture of independence of economic regulators by revisiting administrative approvals, enhancing coordination mechanisms, and improving accountability obligations.
• Promote multi-level governance: Develop and implement a strategy to promote the adoption of regulatory quality instruments by sub-national governments, including completing and effectively implementing pilot programmes and establishing outlets to exchange experiences.
• Develop agile regulatory governance: Work towards developing the framework for agile regulatory governance set in the General Law, including generating manuals, guidelines, and other support materials, and leveraging existing experiences with regulatory sandboxes and data-driven approaches.

Overall, Peru has laid a strong foundation for better regulation, but sustained leadership, stable resources, and coherent implementation are key to embedding a culture of regulatory quality across the administration and ensuring long-term, evidence-based regulatory policy aligned with OECD best practices.