This chapter presents the country profile for Brunei Darussalam. It provides an overview of the current de jure requirements for the institutions, tools and processes of regulatory governance and, where possible, how these have been implemented in practice. The profile focus on three aspects of regulatory governance pertinent to the past, present and near future of regulatory reforms in the ASEAN region. The first is whole-of-government approaches to regulatory policy making, including national and international commitments to better regulation that are driving domestic reform processes. The second is the use of good regulatory practices, including regulatory impact assessments (RIAs), stakeholder engagement and ex post review. The third is approaches to digitalisation, or how countries are using digital tools to respond to regulatory challenges, and is the newest frontier for better regulation reforms in both ASEAN and OECD communities. The information contained in this and the other profiles serves as the basis for the analysis of trends in regulatory reform presented in Chapter 1.
Supporting Regulatory Reforms in Southeast Asia
3. Brunei Darussalam
Abstract
Whole-of-government perspective
Regional focus
Brunei Darussalam is a signatory to two trade agreements, which include a variety of provisions on the use of better regulation, including chapters on the use of good regulatory practices, standards, technical regulations, conformity assessment, etc. Brunei Darussalam ratified the Regional Comprehensive Economic Partnership (RCEP) agreement in October 2021, becoming the sixth country to do so. Brunei Darussalam is also a signatory to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), although the ratification process has yet to be completed.
In addition, Brunei Darussalam has been taking steps to contribute to the ASEAN Single Window (ASW), which aims to expedite cargo clearance and promote ASEAN economic integration by enabling the electronic exchange of border trade-related documents among ASEAN Member states (ASEAN Single Window, 2018[1]). Since its implementation in 2013, Brunei Darussalam has been using its Brunei Darussalam National Single Window (BDNSW) System to simplify trade-related processes and procedures through an integrated electronic platform, including an e-customs system (ERIA, 2021[2]). The BDNSW is used to design, implement and operate Single Electronic Window for the Ministry of Finance and Economy (MOFE) of Brunei Darussalam for customs clearance of traded goods, thus creating a single point to submit standardised information and documents to meet legal import, export and customs-transit requirements (BDNSW, n.d.[3]). The BDNSW helps reduce unnecessary burdens by simplifying trade-related processes.
Brunei Darussalam joined the ASW Live Operation in 2019. This has enabled preferential tariff treatment based on the ASEAN Trade in Goods Agreement electronic Certificate of Origin (ATIGA e-Form D) exchanged through the ASW (ASEAN Single Window, 2018[1]). The implementation of the ASW provides benefits to each ASEAN member state in streamlining trade procedures and documentations particularly for the government agencies (i.e. customs and other relevant institutions), and in reducing cost and time of doing business for the traders (ASEAN Single Window, 2018[4]).
Brunei has also reformed its intellectual property rights regime to enhance compliance with intellectual property. Brunei acceded to the Madrid Protocol, an international system for obtaining trademark protection in a number of countries or regions using a single application (Mewburn Ellis, 2020[5]) in 2017. Subsequently, the then Ministry of Energy and Industry introduced Trade Marks (International Registration) Rules in 2018.
National focus
Brunei Darussalam has launched a number of national policies, institutional reforms and various programmes and initiatives with regulatory components. The highest level of these includes progress towards achieving Wawasan Brunei 2035, which is the country’s national vision. It is aimed at supporting the development in the following areas:
An educated highly skilled and accomplished people;
Improving the quality of life; and,
Dynamic and sustainable economy by 2035.
In January 2021, in relation to this national vision, Brunei Darussalam also launched its Economic Blueprint: Towards a Dynamic and Sustainable Economy. This Economic Blueprint provides both a screen shot of what objectives the country is aiming for the future, as well as serves as a guidance for ministries to consider how they could develop their future policies. In total, the Economic Blueprint focusses on six “aspirations” (Brunei Ministry of Finance and Economy, 2020[6]):
1. Developing a productive and business environment by leveraging technology and innovation;
2. Promoting continuous learning, training, and reskilling of the workforce;
3. Ensuring the economy is open and globally connected;
4. Ensuring preservation of the environment;
5. Developing infrastructure to support and grow businesses; and,
6. Ensuring good governance and public service excellence.
Improving regulatory policy making is a prominent factor of objective six of the Blueprint. It includes a priority focused on policies, laws and regulations, which should be constantly updated and enforced with global standards and relevant to Brunei Darussalam’s condition to promote a conducive business environment (Brunei Ministry of Finance and Economy, 2020[6]). Ministries have been equipped with guidance materials to help implement the Blueprint.
Brunei Darussalam has also made amendments to business laws and regulations to support a more favourable business environment. The Ministry of Finance and Economy (MOFE) has introduced the Companies Act (Amendment) Order 2019, Companies (Composition of Offences) Rules 2019, and Companies (Corporate Governance) (Public Companies) (Amendment) Rules 2019 which came into effect in October 2019. These have had the effect of strengthening the Companies Act (Chapter 39) in relation to the compliance and corporate governance of a company with the legal requirements under the Act. (Begawan, 2019[7]) Further amendments to the Companies Act (Chapter 39) were made in 2020. The Companies Act (Amendment) Order 2020 and Companies (Register of Controllers and Nominee Directors) Rules 2020 came into effect in October 2020 to further strengthen the provisions of the Act.
In addition to changes in national strategies, various other reforms, initiatives and partnerships have been created and implemented by respective ministries and agencies to support a more favourable business environment. In terms of new institutions, Brunei Darussalam has implemented the following reforms:
The Safety, Health and Environment National Authority (SHENA) was created as a statutory body set up under the Safety, Health and Environment National Authority Order, 2018 and enforced 1 April 2017. It regulates and enforces all matters pertaining to workplace safety and health, environment and radiation in Brunei Darussalam.
The Petroleum Authority of Brunei Darussalam was established on 31 December 2019 as a statutory body acting as a central authority to regulate and supervise the upstream, midstream and downstream oil and gas operations in Brunei Darussalam. Petroleum Authority is the technical arm to the Department of Energy advising on matters relevant to the oil and gas industry in Brunei Darussalam to ensure the sustainable development of all hydrocarbon resources and value chain. Petroleum Authority is also responsible in regulating and supervising the oil and gas operations in Brunei Darussalam to further maximise the positive impact to the country.
Autoriti Elektrik Negara Brunei Darussalam (AENBD) was formed and mandated in June 2017 to enforce and oversee the implementation of Electricity Act, Chapter 223 (“EACh223”), particularly in regulating activities in the country’s electricity industry. Brunei Darussalam notes that the move to implement the Order was to strengthen the law and safety aspects of electricity in terms of the generation, transmission, distribution and its use to enable the development of a more efficient, competitive and increasingly sustainable power industry in Negara Brunei Darussalam.
The Brunei Darussalam Food Authority (BDFA) was established as a regulatory and competent authority for food safety and quality in Brunei Darussalam after the Brunei Darussalam Food Authority Order came into force on 1 January 2021. The BDFA’s mandate consolidated some functions and responsibilities of divisions and units that was previously managed under the Food Safety and Quality Control of the Ministry of Health and the Department of Agriculture and Agrifood of the Ministry of Primary Resources and Tourism. It serves as a single point of contact in food related matters.
The Brunei Economic Development Board was created in November 2001 as a statutory body. The BEDB also acts as a frontline agency to facilitate foreign investment into the country and works closely with investors to understand their business needs. Among others, it will assist in providing information on the local business climate, developmental requirements, laws and regulations, cost of doing business and project specific information.
The FDI Action and Support Centre was created to provide complete facilitation to investors in obtaining their project requirements. Some of its functions are to introduce potential investors to Bruneian companies, to facilitate post approved foreign direct investment and co-ordinate with relevant stakeholders to ensure the successful development of investment projects as well as to monitor and support the implementation of investment projects.
Brunei’s Ease of Doing Business Steering Committee was also created in 20131 and has maintained its position of providing oversight to government systems linking business and citizens to online platforms. Some of the most recent reforms implemented were the improvement of enforcement of contracts through the publishing of performance measurement reports as well the ease of resolving insolvency by through increase of participation of creditors in insolvency proceedings (MOFA, 2019[8]). Based on the Doing Business Report (2020), Brunei Darussalam also recorded the number 1 ranking in the Getting Credit indicator.
In addition to these institutional reforms, Brunei Darussalam as also created and implemented the following programmes, policies and partnerships to improve the business and regulatory climate in the country:
Brunei Darussalam Financial Sector Blueprint (2016-2025) was introduced in 2016 sets out the vision of a dynamic and diversified financial sector for Brunei Darussalam by 2025. It identifies five core areas, which includes the maintenance of financial stability through the adoption of best practices and standards. Part of the Blueprint also aims to create regulatory frameworks that meet international standards such as the participation of the BDCB in the Islamic Financial Services Board (IFSB) working groups for formulation of the IFSB standards and guidelines.
Financial Sector Blueprint (2016-2025), which would promote a dynamic and diversified financial sector for the country as well as create regulatory frameworks that would heighten the country’s capacity to align with international standards. The Brunei Darussalam Central Bank (BDCB) has noted significant progress towards the compliance of the Basel Core Principles (BCP) since its announcement in 2016 to commit to the implementation of the Basel II Framework by 2020. BDCB has successfully introduced all three pillars of the Basel II framework (which are recommendations on banking laws and regulations issued by the Basel Committee on Banking Supervision), where the pillars are complementary and mutually reinforces one another. They also note the roll out of various financial risk management guidelines, such as the BDCB Fraud Risk Management Guidelines, to strengthen risks management capabilities in addressing the inherent risks associated with banking businesses.
Darussalam Enterprise (DARe) was established in 2016, which serves as a facilitator for the different MSME initiatives across government agencies. This aims to create a more co-ordinated approach to addressing specific issues faced by MSMEs (OECD, 2018[9]). DARe has implemented various entrepreneurship initiatives (see Box 3.1).
The Code for Corporate Governance was implemented by the MOFE to guide local companies to strengthen governance and support for their long-term growth and development (through the promotion of best international practices).
i-Usahawan was created by the Department of Energy as part of the Youth Entrepreneurship Development Program, which aims to support young Bruneian entrepreneurs to start and grow their own business and secure their first contracts with the Government, Government Link Companies (GLC) and Statutory Bodies.
The Energy Efficiency (Standard and Labelling) Order 2021 (SLO) was introduced on 6 July 2021 by the Department of Energy. The order, , aims to promote the use of highly efficient electrical appliances in compliance with the Minimum Energy Performance Standard (MEPS). The order will be implemented in stages, starting with air-conditioning system to be followed by other household electrical appliances. The order supports the Department’s vision for a sustainable energy sector using high efficiency appliances that are eco-friendly.
The Brunei Malay Chamber of Commerce and Industry and The National Chamber of Commerce and Industry has worked with the Government to promote trade and economic development by providing guidance and support to businesses.
The Business Development Program was created from the Initiative of Portfolio 2020 as an incubation program for the younger generation, which offers business planning support, advisory and mentoring services, and training programs for the younger generation (Brunei Ministry of Finance and Economy, 2020[10]).
Two regulations in line with the formation of BDFA Order were consequentially amended– the Wholesome Meat Order 2011 and its regulations, and the Public Health (Food) Act, (Chapter 182) and its regulations – to allow for the support of the BDFA’s mandate.
Box 3.1. Initiatives to support businesses under DARe
DARe has several initiatives that aim to assist businesses at varying stages of development, from start‑ups to those looking to expand beyond Brunei Darussalam. Examples of DARe’s initiatives include:
Micro Bootcamp
A 4-week start-up development program aimed to assist individuals with business ideas to start their journey by learning fundamentals, including Strategic Business set-up, Marketing, and Financing.
Accelerate Bootcamp
Accelerate is a 100-day start-up development program aimed at early-stage businesses to help them grow by building their knowledge in product development, business plan creation, securing finance, making sales and the use of digital technology.
Industry Business Academy (IBA)
IBA is a developmental programme that provides knowledge to businesses in order for them to start, grow or export. This is done through various workshops where subject matter experts from the public and private sectors will provide industry specific knowledge.
Elevate Growth Program
This initiative aims to facilitate and grow promising MSMEs to be more capable of international expansion and collaboration in order to contribute towards Brunei Darussalam’s industrial development. This is done through tailored strategic roadmaps, various business coaching sessions and mentorship, networking, funding advice and solutions.
Market Access
DARe provides various programmes to facilitate businesses to expand their reach to overseas markets, through providing related opportunities, guidance and assistance. This includes free business advisory services, trainings, networking events and a Standards Consultancy Program to help local companies obtain certifications for international standards.
Brunei Mentors for Entrepreneurs Network (BMEN)
BMEN is a national network that brings together business mentors comprising of successful entrepreneurs, industry experts, professionals and academicians who are willing to share their knowledge and experience to growing businesses through co-ordinated and structured mentorship programs.
Industrial Space
DARe also provides spaces for local companies to rent at affordable rates, this includes industrial land and ready built factories. MSMEs also have the option to apply to use the various co-working spaces under DARe such as iCentre and Kontena Park.
Source: Information provided by Brunei Darussalam.
Focus on improving the regulatory process has additionally been linked to strengthening the civil service through the Civil Service Framework (CSF), through which the government aims to reform the civil service towards one that is responsive to global change and public expectations (OECD, 2018[9]). Inclusive within the framework is the guidance to the civil service to implement policies and regulatory reforms that encourage economic activities as well as streamline government procedures to promote high-quality services (Abdullah and Yussof, 2018[11]).
Good regulatory practices
Regulatory impact assessments
In line with OECD (2018[9]), RIA is still developing momentum in Brunei Darussalam. It is not yet widely applied by government agencies and there is currently no regulatory oversight body implementing its application. This said, the BDCB is one government body that has demonstrated success in employing the use of RIA for advising their policy decision.
The BDCB notes that it practices a rigorous due diligence internal process to ensure the regulatory frameworks are well suited for the current state of the industry. To develop new regulations, the body has prioritised due diligence processes to ensure that their regulatory frameworks are of quality, are understandable and implementable. Between the periods of 2020-21, BCBD initiated their first RIA to support their proposal on the Notice and Guidelines and Selling of Complex Securities.
In preparing for the RIA process, BDCB applied good regulatory processes by first identifying the objectives of the policy issue, then identifying the target audience and finally collecting information to benchmark the conditions of the relevant jurisdictions to determine the need for the policy tool. Once all information was collected, BDCB then undertook the formal impact assessment by reviewing the following three areas:
1. Understanding the current environment and the state of condition (i.e. benchmarking and proposing the need for the regulation).
2. Identifying the impacts of the proposal.
3. Identifying what the expected outcomes of implementing the proposal would be, and which policy tool or alternative (if any) would best fitted and required.
Once the assessment was completed, the conclusions of the RIA were then used to help BCBG move forward with the review of the Notice and Guidelines and to provide policymakers with complete information to improve the regulation of the securities markets in Brunei Darussalam.
Stakeholder engagement
The use of stakeholder engagement has been directed through Brunei Darussalam’s Prime Minister Office Circular 06/2018 (PMO Circular 06/2018). This document mandates that government agencies conduct regular public engagement with stakeholders to ensure that their views and opinions are integrated as part of the law-making process. The Prime Minister’s Office chairs the Law Review Committee (Jawatankuasa Penelitian Semula Undang-Undang) with the role of, amongst others, facilitating a whole-of-government view in planning for future and proposed legal amendments. The Committee engages with ministries individually in reviewing laws and regulations. The Prime Minister’s Office also organises an annual Law Seminar with government agencies to ensure a common approach to legal matters within the Government.
The PMO Circular 06/2018 also provides government agencies with a range of guidelines to structure and organise these consultations. The Regular Public Engagement (RPE) guideline in particular is the normative document that stresses the way consultations with the public should be held (for more information see Box 3.2). The RPE have also been acknowledge to be in line with the ASEAN core principles of good regulatory practice.
Box 3.2. Regular Public Engagement (RPE) guidelines
At the whole-of-government level, Government agencies are mandated to consult with a broad range of stakeholders to ensure effective and efficient implementation of government policies, regulations, programs, and projects. To do so, the Government of Brunei Darussalam has developed the RPE guidelines. These guidelines serve the intention to:
Act as a reference and provide guidance for government agencies wishing to engage with stakeholders;
Assist government agencies in identifying appropriate public engagement; and
Enable government agencies to nurture the relationship between government agencies and the public through sufficient engagement.
The Public Engagement Guideline also outline the following 7 steps as being key for stakeholder engagement:
1. Setting engagement/consultation objective
2. Identifying stakeholders
3. Choose the suitable engagement method
4. Budget setting / outlining other required resources
5. Inform and implementation
6. Report and review; and
7. Conduct assessment on stakeholder engagement.
Source: Based on the questionnaire response from Brunei Darussalam.
When organising stakeholder consultations, Ministries and departments are encouraged to consult stakeholders at any stage of the policy cycle (i.e. during the planning, implementation, monitoring or evaluation stage either of the regulatory cycle, or even throughout the entire policy cycle). The RPE guidelines also encourage policymakers to undertake multiple series of engagement with stakeholders to ensure they have understood the policy issue from all angles and through various different paradigms.
Upon completing stakeholder consultations, the information that is gained from this process is taken into consideration to strengthen the regulatory proposal or propose an alternative. For stakeholder consultations that are taken at an ex post stage, these insights can then be used to inform possible amendments. One example noted by Brunei Darussalam was through the attempt of the Ministry of Culture, Youth and Sports (MCYS) to review and suggest amendments to Brunei’s National Youth Policy. Over a course of a year (2018-19), MCYS conducted activities such as national youth survey, roadshows, national youth policy workshop and national youth congress among the youth of Brunei Darussalam to receive inputs on the current priorities for this group of the population, and based on the input received was able to formulate a resolution to add to the policy.
Finally, in terms of evaluating stakeholder engagement within the country for policymaking, the PMO through the Management Services Department (MSD) requires Ministries and department to complete a “Reform Initiatives and Improvements in Civil Service for 21st Century Public Service Vision Information Form” to report on their consultation methods and frequency. Government agencies are also monitored continuously on the use of RPE, with a report on these findings submitted to the Prime Minister’s Office annually on their application of stakeholder engagement through their Organizational Performance Grading Assessment Program, which is based on a Star Rating system (3PSA). The outcomes of these evaluations are then made available on the MSD website for openness and transparency.
The BDCB further notes its used of stakeholder engagement as a key part of its regulatory framework. The BDCB notes that it consults the financial sector by issuing written consultation papers through the respective financial association. The consultation usually comprises two stages, the first stage involves highlighting objectives, the policy options and the scope of the intended regulation. The BDCB notes that this allows them to have a sense of readiness of the industry and identify possible blind spots. At the second stage, after taking account of the feedback, BDCB will prepare regulatory instrument (notices/guidelines) and again consult the industry. Where necessary, BDCB also share clarifications to all parties.
Ex post review
Ex post reviews are conducted by the respective Ministry in charge for overseeing the policy area that the regulation corresponds too. In addition, regulations are also reviewed by the country’s Civil Service Reform Committee. Brunei Darussalam does not currently have an institutionalised regulatory oversight body who oversees and regulates these processes.
In terms of when these evaluations are undertaken, ex post reviews are usually prescribed on a periodic and determined schedule. However, reviews can also be demand driven should there be issues raised on the regulation based on client charter audit reports, public inquiries, customer satisfaction reports, and/or public sector performance grading programmes. When instigating a review, policymakers can decide whether the assessment should be targeted towards one specific regulation2 or extended to assess a whole policy area. Brunei Darussalam notes that reviews involving the engagement of stakeholders are always automatically prioritised.
An example of ex post review is from the Brunei Darussalam Food Authority (BDFA), who is currently reviewing the Public Health (Food) Act (Chapter 182) to ensure it better support the mandate of the authority. The aim is to have a new Order that will lead to the repeal of the aforementioned Act. In this process, a lawyer has been assigned to work with the BDFA to work on the preliminary draft for legal drafters to prepare the order. In this circumstance, the whole act is being reviewed. The BDFA is also reviewing the Wholesome Meat Order 2011 that, in this case, will be targeted towards reviewing specific sectors.
To support burden reduction efforts, Brunei Darussalam has made use of digital technology to support the simplification of their regulatory environment for businesses and citizens. Examples include:
Gov.bn, which is a gateway to information and services within and around the Government of Brunei, bringing them all together in one place for its stakeholders (citizens, businesses, or visitors). Gov.bn has many features designed to help its stakeholders to quickly and easily locate information to government resources anywhere and anytime and to engage with government. This includes the E-Darussalam portal, which is a “one-stop shop” government portal for citizens, businesses and visitors in Brunei Darussalam
The Online Registry of Companies and Business Names, which provides an online registration of companies and business names.
The Employee’s Trust Fund and Supplemental Contributory Pension Fund, which provides online payments for contributions to an employee’s government mandated trust fund.
The Brunei Darussalam National Single Window (BSNSW), which is a Common Online platform for electronic exchange and submission of trade information and documents by business and public to the controlling agencies. This allows forwarding agents and registered traders to apply for permits, declarations and other customs procedures.
The Systems for Tax Administration and Revenue Services (STARS), which allows for online tax filing.
The e-Payment Gateway (ePG), which allows for online payment for government services.
BusinessBN, which serves as a single portal providing the Brunei business community access to information on a range of government procedures, legislation and services related to doing business. The portal also provides an easily accessible Business Guidelines Simulator to assist in identifying what licenses or permits are necessary for a company to comply with when undertaking their business activities. The Business Reporting page is also accessible through businessBN, which is used by companies to submit business data and performance reports.
One Common Billing System (OCBS), which is a platform to help ease the Government revenue collection process and at the same time to provide convenience for the public in making payment online.
Brunei Darussalam Open Data, a portal that enables government agencies to share non-sensitive information with the public and facilitates government agencies’ access to data.
In addition, Brunei Darussalam has also developed an online licensing system and a whole-of-government online service related to doing business in Brunei Darussalam. Other online systems and platforms have also been developed to reduce unnecessary regulatory burdens and these can be found as followed:
BruIPO, an e-filing system for trade marks in Brunei Darussalam’s Intellectual Property Office (IPO)
Onebiz, which aims to provide all entrepreneurs in Brunei with a single government window that allows them to access and apply for the required licenses online with greater ease and convenience. OneBiz has 15 online services for applying new, updating, renewing, terminating and enquiring licenses and permits (Ministry of Primary Resources and Tourism, n.d.[12]).
One Common Portal (OCP), which allows businesses to register in a single step. The OCP an initiative by MOFE which aims to bring their online services together onto a single platform and provide a more seamless user experience for the business community to manage their corporate obligations throughout the business lifecycle from setting up a company or business to managing tax affairs.
The Authority for Info-communications Technology Industry of Brunei Darussalam (AITI)’s Online Services, which is a fully digitalised end-to-end online portal where public can apply and submit selected AITI Licences. These applications are then assessed, clarified (if required) and the results of the assessment are responded back to the public online. A payment gateway is also integrated with the system to allow convenience for the public to make any necessary payments for their respective applications.
In the future, Brunei Darussalam may also implement additional reforms to adhere to the recent trade agreements it has become a signatory towards. For example, the CPTPP incorporates broad language that promotes the adoption of ex post review through provisions that call on parties to review their regulatory measures, which are covered under the agreement (Kauffmann and Saffirio, 2021[13]).
Digital
Brunei Darussalam has put forth whole-of-government strategies that utilises digital technologies to improve regulatory management and regulatory policy responses. For example, Brunei’s Digital Economy Masterplan 2025, which was launched in June 2020 will serve as a roadmap for the country’s Digital Economy initiatives and will aim to elevate Brunei to the status of a Smart Nation3. The Plan will also call for the co-operation between the Government, private sector agencies, higher learning institutions, non-governmental organisations (NGOs) and consumers to reach three strategic outcomes (Brunei Digital Economy Council, 2020[14]):
A digital and future-ready society;
A vibrant and sustainable economy; and,
A digitally conducive ecosystem.
The Digital Economy Masterplan 2025 will aim to leverage technology to achieve impactful incomes such as improved transparency and governance and facilitating official, business and personal transactions. By pushing Brunei Darussalam to become a Smart Nation, it is hoped that digital tools will be used to improve regulatory quality through a policy and regulatory framework. The Digital Economy Masterplan 2025 is overseen by the Digital Economy Council, which is co-chaired by the Minister at the Prime Minister’s Office and Minister of Finance and Economy II with the Minister of Transport and Info-communications. Other Ministries may also have their adapted version of the Master Plan and a Digital Transformation Steering Committee to support its adoption, for the respective Ministry as well as its sector which are co-ordinated by the Smart Nation Office to ensure alignment to the Digital Economy Masterplan 2025. At present, the Digital Economy Masterplan 2025 comprises of four main elements:
Government Digitalisation
Industry Digitalisation
A Thriving ICT industry
Manpower and Talent Development
As part of strategic enabler two of the Digital Economy Masterplan 2025, Brunei Darussalam will focus on developing their Digital Data Policy and Governance Framework. Within this focus, Brunei Darussalam will establish a national data office, who will be responsible for overseeing the policy and governance of data for personal, commercial and official purposes.
Currently, AITI is also undertaking a Public Consultation Paper (PCP) to obtain feedback from Government agencies and private actors on how Brunei’s data protection framework could be constructed. Given that presently, the country does not have any overarching comprehensive laws relating to data protection, this framework will attempt to improve trust between individuals and organisations by both recognising their rights and outlining when and how private sectors can collect, use and disclose such personal data. Ultimately, the conclusions drawn from this PCP should elevate Brunei’s Data Protection Policy.
In terms of using digital technologies to improve regulatory policy development within Brunei, the Digital Economy Council has launched flagships projects to improve this area of work. For example, the National Information Hub (NIH) has been one of the many projects aimed at information integration among government agencies in support of the sharing information initiative. Other projects have also included the development of a National Centralised Database (NCDB), which has allowed the public to digitally make welfare applications, thus speeding up processes for payment. In the future, pilots under this flagship will also attempt to integrate AI into healthcare, to better determine the health level of citizens in duality of measuring infection rate to better map resources. The country is also developing a Centralised Statistical Systems (CSS) to offer a single online portal to collect data from relevant stakeholders and feedback into the assessment of new regulations. Brunei has also developed the PenggunaBijak mobile application feature to provide information on relevant legislations under the Department of Economic Planning and Statistics.
Brunei Darussalam has also invested towards other national strategies aimed at improving the digital ecosystem of the country. In particular, the Digital Payment Roadmap 2019–25, will focus on encouraging the digitisation of payments and competition, while strengthening consumer protection, whilst the Ministry of Development will use their 2018-23 Strategic Plan to focus elements towards leveraging Information Technology (IT) to streamline operational and process structures (Brunei Ministry of Development, 2018[15]). In encouraging digital development across the nation, Brunei Darussalam has also noted that it is optimising public-private partnerships. Presently, DARe is co-operating with Acorn Aspirations, a UK‑based enterprise, to promote the knowledge of artificial intelligence, machine learning, and big data among youth.
Finally, Brunei Darussalam also has a number of online databases that it uses to support its digitalisation efforts. In addition to the ones mentioned in the section above, the following have been developed to support government agencies with their regulatory processes:
Brulaw: A platform under the Attorney General’s Chambers (AGC) where it contains all Acts and Orders available to the public.
Surat Keliling: A database of circulars issued by the Prime Minister’s Office and Ministry of Finance and Economy in their respective websites that are available to the public. The circulars serve as rules, guidelines and guidance to all government agencies, which must be adhered to across the government.
EGNC Policies: EGNC website that contains all nation-wide technology related policies issued by EGNC available to the public.
Draft Legislation Database (DLD): The Prime Minister’s Office together with the Attorney General’s Chambers has developed the DLD, which is accessible to all focal persons from Ministries to ensure the proper and consistence practice in relation to the drafting processes and timeline of new legislations.
Other government agencies have also developed websites and systems to improve government process. For example, Brunei’s Intellectual Property Office has developed an e-filing system for trademarks, while the BDCB and the Attorney General’s Chambers have used their website to offer centralised information on legislation, publications, notices, and regulations. BDCB is also in the process of developing digital tools to improve regulatory management to further enhance their reporting standards and data collection for regulatory supervision.
References
[11] Abdullah, H. and S. Yussof (2018), Public Service Delivery Standards & Practice of Brunei Darussalam.
[4] ASEAN Single Window (2018), , https://asw.asean.org/index.php/news/item/launch-of-the-asean-single-window-live-operation.
[1] ASEAN Single Window (2018), ASEAN Single Window Portal, https://asw.asean.org/.
[3] BDNSW (n.d.), Brunei Darussalam National Single Window, https://login.bdnsw.gov.bn/bdnswsso/login?service=https%3A%2F%2Flogin.bdnsw.gov.bn%2Fbdnsw%2Fjsf%2Flogin%2Flogin.xhtml%3Bjsessionid%3DB81D2BA253190964DC254E54704AACBE.
[7] Begawan, B. (2019), Brudirect, https://www.brudirect.com/news.php?id=78335.
[14] Brunei Digital Economy Council (2020), Digital Economy Masterplan 2025.
[15] Brunei Ministry of Development (2018), Strategic Plan 2018-2023, Policy Coordination and Strategic Planning.
[10] Brunei Ministry of Finance and Economy (2020), 2020 United Nations High-Level Political Forum on Sustainable Development: Voluntary National Review Report of Brunei Darussalam, Ministry of Finance and Economy.
[6] Brunei Ministry of Finance and Economy (2020), Towards a Dynamic and Sustainable Economy: Economic Blueprint for Brunei Darussalam, Ministry of Finance and Economy.
[2] ERIA (2021), Trade Facilitation in Brunei Darussalam and Result of the ASTFI Baseline Study, ERIA Research Project Report FY2021 No.08.
[16] GovTech Singapore (2022), Smart Nation Sensor Platform, https://www.tech.gov.sg/products-and-services/smart-nation-sensor-platform/ (accessed on 28 September 2022).
[13] Kauffmann, C. and C. Saffirio (2021), “Good regulatory practices and co-operation in trade agreements: A historical perspective and stocktaking”, OECD Regulatory Policy Working Papers, No. 14, OECD Publishing, Paris, https://doi.org/10.1787/cf520646-en.
[5] Mewburn Ellis (2020), Madid Protocol- The Basics, https://www.mewburn.com/law-practice-library/madrid-protocol-the-basics.
[12] Ministry of Primary Resources and Tourism (n.d.), Onebiz, http://www.agriculture.gov.bn/SitePages/OneBiz.aspx.
[8] MOFA (2019), Press Release (English): Brunei Darussalam improves its ease of doing business score from 69.6 to 70.1 in World Bank’s Doing Business Report 2020, https://business.mofe.gov.bn/SiteCollectionDocuments/PRESS%20RELEASE%20DB2020_businessBN_28102019.pdf (accessed on 16 May 2022).
[9] OECD (2018), Good Regulatory Practices to Support Small and Medium Enterprises in Southeast Asia, OECD Publishing, Paris, https://doi.org/10.1787/9789264305434-en.
Notes
← 1. The committee was chaired by the Minister of Energy, Manpower and Industry, and collectively delivered by respective ‘Champion Groups’ from Departments and Agencies under the Prime Minister’s Office, Ministry of Finance and Economy, Ministry of Home Affairs, Ministry of Religious Affairs, Ministry of Primary Resources and Tourism, Ministry of Health, Ministry of Development, Ministry of Energy, Manpower and Industry, Ministry of Transport and Infocommunications, Autoriti Monetari Brunei Darussalam (AMBD), Darussalam Enterprise (DARe) as well as Management Service Department, Prime Minister’s Office (MOFA, 2019[8]).
← 2. Typically, one review session is assigned for each regulation.
← 3. A Smart Nation means empowering people and businesses through increased access of data, more participatory approaches to law-making (through innovation and solutions), and a anticipatory government that uses technology to better serve citizen needs (GovTech Singapore, 2022[16]).