103362 Regional Profile 2016 East Asia and the Pacific (EAP) Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 2 © 2016 The International Bank for Reconstruction and Development / The World Bank 1818 H Street NW, Washington, DC 20433 Telephone: 202-473-1000; Internet: www.worldbank.org Some rights reserved 1 2 3 4 18 17 16 15 This work is a product of the staff of The World Bank with external contributions. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors, or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. 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Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 3 CONTENTS Introduction .................................................................................................................................. 4 The business environment .......................................................................................................... 5 Starting a business ..................................................................................................................... 14 Dealing with construction permits ........................................................................................... 24 Getting electricity ....................................................................................................................... 33 Registering property .................................................................................................................. 42 Getting credit .............................................................................................................................. 50 Protecting minority investors ................................................................................................... 58 Paying taxes ................................................................................................................................ 64 Trading across borders .............................................................................................................. 74 Enforcing contracts .................................................................................................................... 87 Resolving insolvency .................................................................................................................. 93 Distance to frontier and ease of doing business ranking ...................................................... 98 Resources on the Doing Business website ............................................................................ 101 Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 4 INTRODUCTION Doing Business sheds light on how easy or difficult it is performance globally for each indicator and data for the for a local entrepreneur to open and run a small to following comparator regions: Europe and Central Asia medium-size business when complying with relevant (ECA), European Union (EU), Latin America, South Asia regulations. It measures and tracks changes in (SA) and OECD High Income.. The data in this report are regulations affecting 11 areas in the life cycle of a current as of June 1, 2015 (except for the paying taxes business: starting a business, dealing with construction indicators, which cover the period January–December permits, getting electricity, registering property, getting 2014). credit, protecting minority investors, paying taxes, The Doing Business methodology has limitations. Other trading across borders, enforcing contracts, resolving areas important to business—such as an economy’s insolvency and labor market regulation. Doing Business proximity to large markets, the quality of its 2016 presents the data for the labor market regulation infrastructure services (other than those related to indicators in an annex. The report does not present trading across borders and getting electricity), the rankings of economies on labor market regulation security of property from theft and looting, the indicators or include the topic in the aggregate distance transparency of government procurement, to frontier score or ranking on the ease of doing macroeconomic conditions or the underlying strength of business. institutions—are not directly studied by Doing Business. In a series of annual reports Doing Business presents The indicators refer to a specific type of business, quantitative indicators on business regulations and the generally a local limited liability company operating in protection of property rights that can be compared the largest business city. Because standard assumptions across 189 economies, from Afghanistan to Zimbabwe, are used in the data collection, comparisons and over time. The data set covers 47 economies in Sub- benchmarks are valid across economies. The data not Saharan Africa, 32 in Latin America and the Caribbean, 25 only highlight the extent of obstacles to doing business; in East Asia and the Pacific, 25 in Eastern Europe and they also help identify the source of those obstacles, Central Asia, 20 in the Middle East and North Africa and supporting policy makers in designing regulatory reform. 8 in South Asia, as well as 32 OECD high-income More information is available in the full report. Doing economies. The indicators are used to analyze economic Business 2016 presents the indicators, analyzes their outcomes and identify what reforms have worked, where relationship with economic outcomes and recommends and why. regulatory reforms. The data, along with information on This regional profile presents the Doing Business ordering the Doing Business 2016 report, are available on indicators for economies in East Asia and the Pacific the Doing Business website at (EAP). It also shows the regional average, the best http://www.doingbusiness.org. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 5 THE BUSINESS ENVIRONMENT CHANGES IN DOING BUSINESS 2016 As part of a two-year update in methodology, Doing The case study underlying the trading across borders Business 2016 expands the focus of five indicator sets indicators has been changed to increase its relevance. (dealing with construction permits, getting electricity, For each economy the export product and partner are registering property, enforcing contracts and labor now determined on the basis of the economy’s market regulation), substantially revises the comparative advantage, the import product is auto parts, methodology for one indicator set (trading across and the import partner is selected on the basis of which borders) and implements small updates to the economy has the highest trade value in that product. The methodology for another (protecting minority investors). indicators continue to measure the time and cost to export and import. The indicators on dealing with construction permits now include an index of the quality of building regulation and Beyond these changes there is one other update in its implementation. The getting electricity indicators now methodology, for the protecting minority investors include a measure of the price of electricity consumption indicators. A few points for the extent of shareholder and an index of the reliability of electricity supply and governance index have been fine-tuned, and the index transparency of tariffs. Starting this year, the registering now also measures aspects of the regulations applicable property indicators include an index of the quality of the to limited companies rather than privately held joint land administration system in each economy in addition stock companies. to the indicators on the number of procedures and the For more details on the changes, see the “What is time and cost to transfer property. And for enforcing changing in Doing Business?” chapter starting on page contracts an index of the quality and efficiency of judicial 27 of the Doing Business 2016 report. For more details processes has been added while the indicator on the on the data and methodology, please see the “Data number of procedures to enforce a contract has been Notes” chapter starting on page 119 of the Doing dropped. Business 2016 report. For more details on the distance to The scope of the labor market regulation indicator set frontier metric, please see the “Distance to frontier and has also been expanded, to include more areas capturing ease of doing business ranking” chapter in this profile. aspects of job quality. The labor market regulation indicators continue to be excluded from the aggregate distance to frontier score and ranking on the ease of doing business. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 6 THE BUSINESS ENVIRONMENT For policy makers trying to improve their economy’s permits, getting electricity, registering property, regulatory environment for business, a good place to getting credit, protecting minority investors, paying start is to find out how it compares with the regulatory taxes, trading across borders, enforcing contracts environment in other economies. Doing Business and resolving insolvency. The labor market provides an aggregate ranking on the ease of doing regulation indicators are not included in this year’s business based on indicator sets that measure and aggregate ease of doing business ranking, but the benchmark regulations applying to domestic small to data are presented in the economy profile. medium-size businesses through their life cycle. The ease of doing business ranking compares Economies are ranked from 1 to 189 by the ease of economies with one another; the distance to frontier doing business ranking. Doing Business presents results score benchmarks economies with respect to for 2 aggregate measures: the distance to frontier score regulatory best practice, showing the absolute and the ease of doing business ranking. The ranking of distance to the best performance on each Doing economies is determined by sorting the aggregate Business indicator. When compared across years, the distance to frontier scores, rounded to two decimals. An distance to frontier score shows how much the economy’s distance to frontier score is indicated on a regulatory environment for local entrepreneurs in an scale from 0 to 100, where 0 represents the worst economy has changed over time in absolute terms, performance and 100 the frontier. (See the chapter on while the ease of doing business ranking can show the distance to frontier and ease of doing business). only how much the regulatory environment has The 10 topics included in the ranking in Doing Business changed relative to that in other economies. 2016: starting a business, dealing with construction Figure 1.1 Where economies stand in the global ranking on the ease of doing business Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 7 THE BUSINESS ENVIRONMENT For policy makers, knowing where their economy stands in regional average (figure 1.2). Another perspective is the aggregate ranking on the ease of doing business is provided by the regional average rankings on the topics useful. Also useful is to know how it ranks compared with included in the ease of doing business ranking (figure 1.3) other economies in the region and compared with the and the distance to frontier scores (figures 1.4 and 1.5). Figure 1.2 How economies in East Asia and the Pacific (EAP) rank on the ease of doing business Note: The rankings are benchmarked to June 2015 and based on the average of each economy’s distance to frontier (DTF) scores for the 10 topics included in this year’s aggregate ranking. The distance to frontier score benchmarks economies with respect to regulatory practice, showing the absolute distance to the best performance in each Doing Business indicator. An economy’s distance to frontier score is indicated on a scale from 0 to 100, where 0 represents the worst performance and 100 the frontier. For the economies for which the data cover 2 cities, scores are a population- weighted average for the 2 cities. Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 8 THE BUSINESS ENVIRONMENT Figure 1.3 Rankings on Doing Business topics - East Asia and the Pacific (EAP) (Scale: Rank 189 center, Rank 1 outer edge) Regional average ranking Source: Doing Business database. Figure 1.4 Distance to frontier scores on Doing Business topics - East Asia and the Pacific (EAP) (Scale: Score 0 center, Score 100 outer edge) Note: The rankings are benchmarked to June 2015 and based on the average of each economy’s distance to frontier (DTF) scores for the 10 topics included in this year’s aggregate ranking. The distance to frontier score benchmarks economies with respec t to regulatory practice, showing the absolute distance to the best performance in each Doing Business indicator. An economy’s distance to frontier score is indicated on a scale from 0 to 100, where 0 represents the worst performance and 100 the frontier. For the economies for which the data cover 2 cities, scores are a population-weighted average for the 2 cities. Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 9 Figure 1.5 How far has East Asia and the Pacific (EAP) come in the areas measured by Doing Business? Source: Doing Business database. Note: The distance to frontier score shows how far on average an economy is from the best performance achieved by any economy on each Doing Business indicator. Starting a business is comparable to 2010. Getting credit, protecting minority investors, paying taxes and resolving insolvency had methodology changes in 2014 and thus are only comparable to 2013. Dealing with construction permits, registering property, trading across borders, enforcing contracts and getting electricity had methodology changes in 2015 and thus are only comparable to 2014. The measure is normalized to range between 0 and 100, with 100 representing the best performance (the frontier). See the data notes starting on page 119 of the Doing Business 2016 report for more details on the distance to frontier score. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 10 THE BUSINESS ENVIRONMENT Just as the overall ranking on the ease of doing business The absolute values of the indicators tell another part of tells only part of the story, so do changes in that ranking. the story (table 1.1). Policy makers can learn much by Yearly movements in rankings can provide some comparing the indicators for their economy with those indication of changes in an economy’s regulator y for the lowest- and highest-scoring economies in the environment for firms, but they are always relative. An region as well as those for the best performers globally. economy’s ranking might change because of These comparisons may reveal unexpected strengths in developments in other economies. An economy that an area of business regulation—such as a regulatory implemented business regulation reforms may fail to rise process that can be completed with a small number of in the rankings (or may even drop) if it is passed by procedures in a few days and at a low cost. others whose business regulation reforms had a more significant impact as measured by Doing Business. Table 1.1 Summary of Doing Business indicators for East Asia and the Pacific (EAP) Lowest regional Best regional Best global Indicator Regional average performance performance performance Starting a Business 4 (Hong Kong SAR, 180 (Cambodia) 103 1 (New Zealand) (rank) China) Starting a Business 98.12 (Hong Kong SAR, 58.10 (Cambodia) 81.36 99.96 (New Zealand) (DTF Score) China) 2.0 (Hong Kong SAR, Procedures (number) 16.0 (Philippines) 7.0 1.0 (New Zealand*) China) 1.5 (Hong Kong SAR, Time (days) 87.0 (Cambodia) 25.9 0.5 (New Zealand) China) Cost (% of income per 141.1 (Micronesia, Fed. 0.3 (Timor-Leste) 23.0 0.0 (Slovenia) capita) Sts.) Paid-in min. capital (% 156.6 (Timor-Leste) 0.0 (19 Economies*) 9.8 0.0 (105 Economies*) of income per capita) Dealing with Construction Permits 181 (Cambodia) 1 (Singapore) 78 1 (Singapore) (rank) Dealing with Construction Permits 38.12 (Cambodia) 92.97 (Singapore) 70.29 92.97 (Singapore) (DTF Score) Procedures (number) 24.0 (Philippines) 7.0 (Marshall Islands) 14.7 7.0 (5 Economies*) Time (days) 652.0 (Cambodia) 26.0 (Singapore) 134.6 26.0 (Singapore) Cost (% of warehouse 8.0 (Vanuatu) 0.1 (Thailand*) 1.8 0.0 (Qatar) value) Building quality control 0.0 (Micronesia, Fed. 14.0 (3 Economies*) 8.6 15.0 (New Zealand) index (0-15) Sts.) Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 11 Lowest regional Best regional Best global Indicator Regional average performance performance performance Getting Electricity 173 (Kiribati) 2 (Taiwan, China) 82 1 (Korea, Rep.) (rank) Getting Electricity 37.96 (Kiribati) 99.43 (Taiwan, China) 70.42 99.88 (Korea, Rep.) (DTF Score) Procedures (number) 8.0 (Mongolia) 3.0 (3 Economies*) 4.7 3.0 (14 Economies*) Time (days) 179.0 (Cambodia) 22.0 (Taiwan, China) 74.1 18.0 (Korea, Rep.*) Cost (% of income per 1.3 (Hong Kong SAR, 5,169.3 (Kiribati) 818.8 0.0 (Japan) capita) China) Reliability of supply and transparency of 0.0 (8 Economies*) 8.0 (3 Economies*) 3.6 8.0 (18 Economies*) tariff index (0-8) Registering Property 189 (3 Economies*) 17 (Singapore) 98 1 (New Zealand) (rank) Registering Property 0.00 (3 Economies*) 85.66 (Singapore) 56.61 94.46 (New Zealand) (DTF Score) Procedures (number) 10.0 (Solomon Islands) 3.0 (Taiwan, China*) 5.3 1.0 (4 Economies*) Time (days) 513.0 (Kiribati) 3.0 (Thailand) 74.3 1.0 (3 Economies*) Cost (% of property 15.1 (Tonga) 0.0 (Kiribati) 4.5 0.0 (Saudi Arabia) value) Quality of the land administration index 4.0 (Myanmar) 28.5 (Taiwan, China) 12.9 28.5 (3 Economies*) (0-30) Getting Credit (rank) 174 (Myanmar) 15 (Cambodia) 80 1 (New Zealand) Getting Credit (DTF 10.00 (Myanmar) 80.00 (Cambodia) 50.60 100.00 (New Zealand) Score) Strength of legal rights 0.0 (Timor-Leste) 11.0 (Cambodia*) 6.2 12.0 (3 Economies*) index (0-12) Depth of credit 0.0 (8 Economies*) 8.0 (Taiwan, China) 3.9 8.0 (26 Economies*) information index (0-8) Credit registry 5.1 (Lao PDR) 89.5 (China) 14.0 100.0 (Portugal) coverage (% of adults) Credit bureau coverage 96.0 (Hong Kong SAR, 3.5 (Papua New Guinea) 21.9 100.0 (22 Economies*) (% of adults) China) Protecting Minority 185 (Micronesia, Fed. 1 (Singapore*) 102 1 (3 Economies*) Investors (rank) Sts.) Protecting Minority 25.00 (Micronesia, Fed. 83.33 (Singapore*) 50.47 83.33 (3 Economies*) Investors (DTF Score) Sts.) Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 12 Lowest regional Best regional Best global Indicator Regional average performance performance performance Strength of minority 2.5 (Micronesia, Fed. investor protection 8.3 (Singapore*) 5.0 8.3 (3 Economies*) Sts.) index (0-10) Extent of conflict of interest regulation 2.0 (Myanmar) 9.3 (Singapore) 5.5 9.3 (Singapore*) index (0-10) Extent of shareholder 2.3 (Micronesia, Fed. 7.7 (Hong Kong SAR, governance index (0- 4.6 8.0 (4 Economies*) Sts.) China*) 10) 4 (Hong Kong SAR, 1 (United Arab Paying Taxes (rank) 168 (Vietnam) 84 China) Emirates*) Paying Taxes (DTF 98.71 (Hong Kong SAR, 99.44 (United Arab 45.41 (Vietnam) 74.70 Score) China) Emirates*) Payments (number per 3.0 (Hong Kong SAR, 3.0 (Hong Kong SAR, 54.0 (Indonesia) 25.3 year) China) China*) 74.0 (Hong Kong SAR, Time (hours per year) 770.0 (Vietnam) 201.4 55.0 (Luxembourg) China) Total tax rate (% of 75.4 (Palau) 8.5 (Vanuatu) 33.5 25.9 (Ireland) profit) Trading Across 163 (Papua New 41 (Singapore) 97 1 (16 Economies*) Borders (rank) Guinea) Trading Across 42.28 (Papua New 89.35 (Singapore) 68.67 100.00 (16 Economies*) Borders (DTF Score) Guinea) Time to export: Border 144 (Myanmar) 3 (Lao PDR) 51 0 (15 Economies*) compliance (hours) Cost to export: Border 1,400 (Samoa) 41 (Mongolia) 396 0 (18 Economies*) compliance (USD) Time to export: 1 (Hong Kong SAR, Documentary 216 (Lao PDR) 75 0 (Jordan) China) compliance (hours) Cost to export: Documentary 1,050 (Samoa) 37 (Singapore) 167 0 (20 Economies*) compliance (USD) Time to import: Border 126 (Vanuatu) 4 (Cambodia) 59 0 (19 Economies*) compliance (hours) Cost to import: Border 900 (Samoa) 60 (Mongolia) 421 0 (28 Economies*) compliance (USD) Time to import: 216 (Lao PDR) 1 (Singapore*) 70 1 (21 Economies*) Documentary Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 13 Lowest regional Best regional Best global Indicator Regional average performance performance performance compliance (hours) Cost to import: Documentary 800 (Samoa) 37 (Singapore) 148 0 (30 Economies*) compliance (USD) Enforcing Contracts 189 (Timor-Leste) 1 (Singapore) 104 1 (Singapore) (rank) Enforcing Contracts 6.13 (Timor-Leste) 84.91 (Singapore) 52.72 84.91 (Singapore) (DTF Score) Time (days) 1,285.0 (Timor-Leste) 150.0 (Singapore) 553.8 150.0 (Singapore) Cost (% of claim) 163.2 (Timor-Leste) 16.2 (China) 48.8 9.0 (Iceland) Quality of judicial 2.5 (Timor-Leste) 15.5 (Singapore) 7.6 15.5 (3 Economies*) processes index (0-18) Resolving Insolvency 189 (3 Economies*) 21 (Taiwan, China) 106 1 (Finland) (rank) Resolving Insolvency 0.00 (3 Economies*) 78.41 (Taiwan, China) 38.82 93.81 (Finland) (DTF Score) Recovery rate (cents on 3.2 (Micronesia, Fed. 89.7 (Singapore) 32.5 92.9 (Japan) the dollar) Sts.) Time (years) 6.0 (Cambodia) 0.8 (Singapore*) 2.6 0.4 (Ireland) Cost (% of estate) 38.0 (5 Economies*) 3.0 (Singapore) 21.8 1.0 (Norway) Strength of insolvency 0.0 (Marshall Islands*) 14.5 (Philippines) 6.8 15.0 (4 Economies*) framework index (0-16) * Two or more economies share the top ranking on this indicator. A number shown in place of an economy’s name indicates the number of economies that share the top ranking on the indicator. For a list of these economies, see the Doing Business website (http://www.doingbusiness.org). Note: The global best performer on time for paying taxes is defined as the lowest time recorded among all economies in the DB2016 sample that levy the 3 major taxes: profit tax, labor taxes and mandatory contributions, and VAT or sales tax. Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 14 STARTING A BUSINESS WHAT THE STARTING A BUSINESS Formal registration of companies has many INDICATORS MEASURE immediate benefits for the companies and for business owners and employees. Legal entities can Procedures to legally start and operate a outlive their founders. Resources are pooled as company (number) several shareholders join forces to start a company. Formally registered companies have access to Preregistration (for example, name services and institutions from courts to banks as well verification or reservation, notarization) as to new markets. And their employees can benefit Registration in the economy’s largest from protections provided by the law. An additional business city 1 benefit comes with limited liability companies. These Postregistration (for example, social security limit the financial liability of company owners to their registration, company seal) investments, so personal assets of the owners are not put at risk. Where governments make registration Time required to complete each procedure easy, more entrepreneurs start businesses in the (calendar days) formal sector, creating more good jobs and Does not include time spent gathering generating more revenue for the government. information What do the indicators cover? Each procedure starts on a separate day (2 procedures cannot start on the same day). Doing Business measures the ease of starting a Procedures that can be fully completed business in an economy by recording all procedures online are recorded as ½ day. officially required or commonly done in practice by an entrepreneur to start up and formally operate an Procedure completed once final document is industrial or commercial business—as well as the received time and cost required to complete these procedures. No prior contact with officials It also records the paid-in minimum capital that Cost required to complete each procedure companies must deposit before registration (or (% of income per capita) within 3 months). The ranking of economies on the ease of starting a business is determined by sorting Official costs only, no bribes their distance to frontier scores for starting a No professional fees unless services required business. These scores are the simple average of the by law distance to frontier scores for each of the component indicators. Paid-in minimum capital (% of income per capita) To make the data comparable across economies, Doing Business uses several assumptions about the Deposited in a bank or with a notary before business and the procedures. It assumes that all registration (or within 3 months) information is readily available to the entrepreneur  Conducts general commercial or industrial and that there has been no prior contact with activities. officials. It also assumes that the entrepreneur will pay no bribes. And it assumes that the business:  Has a start-up capital of 10 times income per capita.  Is a limited liability company, located in the largest business city , is 100% domestically 1  Has a turnover of at least 100 times income per owned with between 10 and 50 employees. capita.  Does not qualify for any special benefits.  Does not own real estate. For the 11 economies with a population of more than 100 million, data for a second city have been added. 1 Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 15 STARTING A BUSINESS Where do the region’s economies stand today? How easy is it for entrepreneurs in economies in East business suggest an answer (figure 2.1). The average Asia and the Pacific (EAP) to start a business? The global ranking of the region and comparator regions provide a rankings of these economies on the ease of starting a useful benchmark. Figure 2.1 How economies in East Asia and the Pacific (EAP) rank on the ease of starting a business Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 16 STARTING A BUSINESS The indicators underlying the rankings may be more and the paid-in minimum capital requirement (figure revealing. Data collected by Doing Business show what 2.2). Comparing these indicators across the region and it takes to start a business in each economy in the with averages both for the region and for comparator region: the number of procedures, the time, the cost regions can provide useful insights. Figure 2.2 What it takes to start a business in economies in East Asia and the Pacific (EAP) Procedures (number) Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 17 STARTING A BUSINESS Time (days) Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 18 STARTING A BUSINESS Cost (% of income per capita) Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 19 STARTING A BUSINESS Paid-in minimum capital (% of income per capita) Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 20 STARTING A BUSINESS What are the changes over time? Economies around the world have taken steps making it often as part of a larger regulatory reform program. easier to start a business—streamlining procedures by Among the benefits have been greater firm satisfaction setting up a one-stop shop, making procedures simpler and savings and more registered businesses, financial or faster by introducing technology, and reducing or resources and job opportunities. eliminating minimum capital requirements. Many have What business registration reforms has Doing Business undertaken business registration reforms in stages—and recorded in East Asia and the Pacific (EAP) (table 2.1)? Table 2.1 How have economies in East Asia and the Pacific (EAP) made starting a business easier—or not? By Doing Business report year DB2011 to DB2016 DB year Economy Reform Brunei Darussalam made starting a business easier by DB2016 Brunei Darussalam improving online procedures and simplifying registration and post registration requirements. Hong Kong SAR, China, made starting a business easier by DB2016 Hong Kong SAR, China eliminating the requirement for a company seal. Indonesia made starting a business in Jakarta easier by DB2016 Indonesia reducing the time needed to register with the Ministry of Manpower. Cambodia made starting a business easier by simplifying company name checks, streamlining tax registration and DB2016 Cambodia eliminating the requirement to publish information on the new company’s incorporation in the official gazette. Myanmar made starting a business easier by eliminating the DB2016 Myanmar minimum capital requirement for local companies and streamlining incorporation procedures. Mongolia made starting a business easier by reducing the DB2016 Mongolia number of days required to register a new company. The Philippines made starting a business easier by streamlining communications between the Securities and DB2016 Philippines Exchange Commission and the Social Security System and thereby expediting the process of issuing an employer registration number. Vietnam made starting a business easier by reducing the time DB2016 Vietnam required to get the company seal engraved and registered. China made starting a business easier by eliminating both the minimum capital requirement and the requirement to obtain DB2015 China a capital verification report from an auditing firm. This reform applies to both Beijing and Shanghai. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 21 DB year Economy Reform Hong Kong SAR, China, made starting a business more DB2015 Hong Kong SAR, China difficult by increasing the registration fee. Indonesia made starting a business easier by allowing the Ministry of Law and Human Rights to electronically issue the DB2015 Indonesia approval letter for the deed of establishment. This reform applies to both Jakarta and Surabaya. Timor-Leste made starting a business easier by creating a DB2015 Timor-Leste one-stop shop. Hong Kong SAR, China, made starting a business less costly DB2014 Hong Kong SAR, China by abolishing the capital duty levied on local companies. Cambodia made starting a business more difficult by introducing a requirement for a company name check at the Department of Intellectual Property DB2014 Cambodia and by increasing the costs both for getting registration documents approved and stamped by the Phnom Penh Tax Department and for completing incorporation with the commercial registrar. Mongolia made starting a business easier by eliminating the requirement to get company statutes and charters notarized DB2014 Mongolia as well as the requirement to register a new company with the local tax office. Malaysia made starting a business less costly by reducing the DB2014 Malaysia company registration fees. China made starting a business less costly by exempting DB2013 China micro and small companies from paying several administrative fees from January 2012 to December 2014. Fiji made starting a business more difficult by requiring new companies applying for a business license to obtain a DB2013 Fiji certificate from the national fire authority and a letter of compliance from the Ministry of Labor. Lao PDR made starting a business easier by allowing DB2013 Lao PDR entrepreneurs to apply for tax registration at the time of incorporation. Mongolia made starting a business easier by eliminating the DB2013 Mongolia minimum capital requirement for limited liability companies. Thailand made starting a business easier by allowing the DB2013 Thailand registrar at the Department of Business Development to receive the company’s work regulations. Vietnam made starting a business easier by allowing DB2013 Vietnam companies to use self-printed value added tax invoices. Timor-Leste made starting a business faster by improving the DB2012 Timor-Leste registration process. DB2012 Malaysia Malaysia made starting a business easier by merging Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 22 DB year Economy Reform company, tax, social security and employment fund registrations at the one-stop shop and providing same-day registration. Thailand made starting a business easier by introducing a DB2012 Thailand one-stop shop. Tonga made starting a business easier by implementing an electronic system at the registry, which reduced the time required for verification of the uniqueness of the company DB2012 Tonga name and for registration of the company. The costs for the name search, company registration and business license increased, however. Vanuatu made starting a business easier by reducing the time required for company registration at the Vanuatu Financial DB2012 Vanuatu Services Commission and issuing provisional licenses at the Department of Customs. Indonesia made starting a business easier by introducing a simplified application process allowing an applicant to DB2012 Indonesia simultaneously obtain both a general trading license and a business registration certificate. The Solomon Islands made starting a business easier by DB2012 Solomon Islands implementing an online registration process. Taiwan (China) made starting a business easier by DB2012 Taiwan, China implementing an online one-stop shop for business registration. Fiji made starting a business more difficult by adding a DB2012 Fiji requirement to obtain a tax identification number when registering a new company. Hong Kong SAR (China) made starting a business easier by DB2012 Hong Kong SAR, China introducing online electronic services for company and business registration. The Philippines eased business startup by setting up a one- DB2011 Philippines stop shop at the municipal level. Taiwan (China) eased business start-up by reducing the time DB2011 Taiwan, China required to check company names, register retirement plans and apply for health, pension and labor insurance. Indonesia eased business start-up by reducing the cost for company name clearance and reservation and the time DB2011 Indonesia required to reserve the name and approve the deed of incorporation. Brunei Darussalam made starting a business easier by DB2011 Brunei Darussalam improving efficiency at the company registrar and implementing an electronic system for name searches. Malaysia eased business start-up by introducing more online DB2011 Malaysia services. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 23 DB year Economy Reform Vietnam eased company start-up by creating a one-stop shop that combines the processes for obtaining a business DB2011 Vietnam license and tax license and by eliminating the need for a seal for company licensing. Thailand made starting a business easier by merging 2 DB2010 Thailand registration procedures in a single application form. Malaysia made starting a business easier through a new one- DB2010 Malaysia stop shop service that helped in streamlining the registration process. Samoa made starting a business easier by eliminating the DB2010 Samoa minimum capital requirement and simplifying some procedures. Singapore made starting a business easier by combining tax DB2010 Singapore registration with business registration on a single online form. Taiwan, China, made starting a business easier by abolishing DB2010 Taiwan, China the minimum capital requirement and speeding up various procedures. Hong Kong SAR, China, made starting a business easier by DB2010 Hong Kong SAR, China simplifying registration formalities and merging certain procedures. Indonesia made starting a business easier by introducing DB2010 Indonesia online service, eliminating certain licenses, increasing efficiency at the registry and reducing several fees. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 24 DEALING WITH CONSTRUCTION PERMITS Regulation of construction is critical to protect the WHAT THE DEALING WITH CONSTRUCTION public. But it needs to be efficient, to avoid excessive PERMITS INDICATORS MEASURE constraints on a sector that plays an important part in every economy. Where complying with building regulations is excessively costly in time and money, Procedures to legally build a warehouse (number) many builders opt out. They may pay bribes to pass inspections or simply build illegally, leading to Submitting all relevant documents and hazardous construction that puts public safety at risk. obtaining all necessary clearances, licenses, Where compliance is simple, straightforward and permits and certificates inexpensive, everyone is better off. Submitting all required notifications and receiving all necessary inspections What do the indicators cover? Obtaining utility connections for water and Doing Business records all procedures required for a sewerage business in the construction industry to build a warehouse along with the time and cost to complete Registering and selling the warehouse after its each procedure. In addition, this year Doing Business completion introduces a new measure, the building quality Time required to complete each procedure control index, evaluating the quality of building (calendar days) regulations, the strength of quality control and safety Does not include time spent gathering mechanisms, liability and insurance regimes, and information professional certification requirements. Each procedure starts on a separate day. The ranking of economies on the ease of dealing with Procedures that can be fully completed online construction permits is determined by sorting their are recorded as ½ day distance to frontier scores for dealing with construction permits. These scores are the simple Procedure considered completed once final document is received average of the distance to frontier scores for each of the component indicators. No prior contact with officials To make the data comparable across economies, Cost required to complete each procedure (% several assumptions about the construction of warehouse value) company, the warehouse project and the utility Official costs only, no bribes connections are used. Assumptions about the construction company Building quality control index (0-15) Sum of the scores of six component indices: The construction company (BuildCo): Quality of building regulations (0-2)  Is a limited liability company (or its legal equivalent). Quality control before construction (0-1)  Operates in the economy’s largest business Quality control during construction (0-3) city. For 11 economies the data are also Quality control after construction (0-3) collected for the second largest business city. Liability and insurance regimes (0-2)  Is 100% domestically and privately owned Professional certifications (0-4) with five owners, none of whom is a legal entity.  Is fully licensed and insured to carry out construction projects, such as building warehouses. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 25 The construction company (BuildCo) (continued):  Has 60 builders and other employees, all of  Will be a new construction (there was no them nationals with the technical expertise previous construction on the land), with no and professional experience necessary to trees, natural water sources, natural reserves obtain construction permits and approvals. or historical monuments of any kind on the plot.  Has at least one employee who is a licensed architect or engineer and  Will have complete architectural and registered with the local association of technical plans prepared by a licensed architects or engineers. BuildCo is not architect. If preparation of the plans requires assumed to have any other employees who such steps as obtaining further are technical or licensed experts, such as documentation or getting prior approvals geological or topographical experts. from external agencies, these are counted as procedures.  Has paid all taxes and taken out all necessary insurance applicable to its  Will include all technical equipment required general business activity (for example, to be fully operational. accidental insurance for construction  Will take 30 weeks to construct (excluding all workers and third-person liability). delays due to administrative and regulatory  Owns the land on which the warehouse will requirements). be built and will sell the warehouse upon Assumptions about the utility connections its completion. The water and sewerage connections:  Is valued at 50 times income per capita. • Will be 150 meters (492 feet) from the Assumptions about the warehouse existing water source and sewer tap. If there is no water delivery infrastructure in the economy, a  The warehouse: borehole will be dug. If there is no sewerage  Will be used for general storage activities, infrastructure, a septic tank in the smallest size such as storage of books or stationery. The available will be installed or built. warehouse will not be used for any goods  Will not require water for fire protection requiring special conditions, such as food, reasons; a fire extinguishing system (dry chemicals or pharmaceuticals. system) will be used instead. If a wet fire  Will have two stories, both above ground, protection system is required by law, it is with a total constructed area of assumed that the water demand specified approximately 1,300.6 square meters below also covers the water needed for fire (14,000 square feet). Each floor will be 3 protection. meters (9 feet, 10 inches) high.  Will have an average water use of 662 liters  Will have road access and be located in the (175 gallons) a day and an average periurban area of the economy’s largest wastewater flow of 568 liters (150 gallons) a business city (that is, on the fringes of the day. Will have a peak water use of 1,325 liters city but still within its official limits). For 11 (350 gallons) a day and a peak wastewater economies the data are also collected for flow of 1,136 liters (300 gallons) a day. the second largest business city.  Will have a constant level of water demand • Will not be located in a special economic and wastewater flow throughout the year. or industrial zone. Will be located on a land  Will be 1 inch in diameter for the water plot of approximately 929 square meters connection and 4 inches in diameter for the (10,000 square feet) that is 100% owned by sewerage connection. BuildCo and is accurately registered in the cadastre and land registry. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 26 DEALING WITH CONSTRUCTION PERMITS Where do the region’s economies stand today? How easy it is for entrepreneurs in economies in East dealing with construction permits suggest an answer Asia and the Pacific (EAP) to legally build a warehouse? (figure 3.1). The average ranking of the region and The global rankings of these economies on the ease of comparator regions provide a useful benchmark. Figure 3.1 How economies in East Asia and the Pacific (EAP) rank on the ease of dealing with construction permits Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 27 DEALING WITH CONSTRUCTION PERMITS The indicators underlying the rankings may be more the time and the cost (figure 3.2). Comparing these revealing. Data collected by Doing Business show what it indicators across the region and with averages both for takes to comply with formalities to build a warehouse in the region and for comparator regions can provide each economy in the region: the number of procedures, useful insights. Figure 3.2 What it takes to comply with formalities to build a warehouse in economies in East Asia and the Pacific (EAP) Procedures (number) Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 28 DEALING WITH CONSTRUCTION PERMITS Time (days) Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 29 DEALING WITH CONSTRUCTION PERMITS Cost (% of warehouse value) * Indicates a “no practice” mark. If an economy has no laws or regulations covering a specific area—for example, insolvency—it receives a “no practice” mark. Similarly, an economy receives a “no practice” or “not possible” mark if regulation exists but is never used in practice or if a competing regulation prohibits such practice. Either way, a “no practice” mark puts the econom y at the bottom of the ranking on the relevant indicator. Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 30 DEALING WITH CONSTRUCTION PERMITS Building Quality Control Index (0-15) * Indicates a “no practice” mark. If an economy has no laws or regulations covering a specific area—for example, insolvency—it receives a “no practice” mark. Similarly, an economy receives a “no practice” or “not possible” mark if regulation exists but is never used in practice or if a competing regulation prohibits such practice. Either way, a “no practice” mark puts the econom y at the bottom of the ranking on the relevant indicator. Note: The index ranges from 0 to 15, with higher values indicating better quality control and safety mechanisms in the construction permitting system. The indicator is based on the same case study assumptions as the measures of efficiency. Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 31 DEALING WITH CONSTRUCTION PERMITS What are the changes over time? Smart regulation ensures that standards are met while compliance costs reasonable, governments around the making compliance easy and accessible to all. Coherent world have worked on consolidating permitting and transparent rules, efficient processes and adequate requirements. What construction permitting reforms has allocation of resources are especially important in sectors Doing Business recorded in East Asia and the Pacific where safety is at stake. Construction is one of them. In (EAP) (table 3.1)? an effort to ensure building safety while keeping Table 3.1 How have economies in East Asia and the Pacific (EAP) made dealing with construction permits easier—or not? By Doing Business report year DB2011 to DB2016 DB year Economy Reform Brunei Darussalam made dealing with construction permits DB2015 Brunei Darussalam easier by consolidating final inspections. Thailand made dealing with construction permits less time- DB2015 Thailand consuming by introducing a fast-track approval process for building permits for smaller buildings. Samoa made dealing with construction permits more costly DB2015 Samoa by increasing the building permit fees. Mongolia made dealing with construction permits easier by eliminating the requirement for a technical review of the DB2014 Mongolia building plans by the state for low- and medium-risk construction projects. Malaysia made dealing with construction permits easier by DB2014 Malaysia establishing a one-stop shop. The Philippines made dealing with construction permits DB2014 Philippines easier by eliminating the requirement to obtain a health certificate. Brunei Darussalam made dealing with construction permits DB2013 Brunei Darussalam easier by creating a one-stop shop for preconstruction approvals. China simplified the process of obtaining a construction DB2013 China permit by streamlining and centralizing preconstruction approvals. DB2013 Taiwan, China Taiwan, China, made dealing with construction permits easier by introducing a risk-based and self-regulatory inspection Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 32 DB year Economy Reform system and improving operational features of the one-stop shop for building permits. Fiji made obtaining a construction permit more expensive by DB2013 Fiji implementing a fee for the fire department clearance. Malaysia made dealing with construction permits faster by DB2013 Malaysia improving the one-stop center for new buildings and by reducing the time to connect to telephone service. Vanuatu made obtaining a construction permit more cumbersome by making a preliminary environmental DB2013 Vanuatu assessment mandatory and made it more expensive by increasing the fees. Taiwan (China) made dealing with construction permits DB2012 Taiwan, China easier by creating a one-stop center. Vanuatu made dealing with construction permits more DB2012 Vanuatu difficult by increasing the number of procedures and the cost to obtain a building permit. Vietnam made dealing with construction permits easier by reducing the cost to register newly completed buildings by DB2011 Vietnam 50% and transferring the authority to register buildings from local authorities to the Department of National Resources and Environment. The Philippines made construction permitting more DB2011 Philippines cumbersome through updated electricity connection costs. Singapore made dealing with construction permits easier through new workplace safety and health regulations DB2010 Singapore allowing companies in low-risk industries to submit documents online. The cost of dealing with construction permits increased DB2010 Solomon Islands significantly in the Solomon Islands as a result of fee increases and high prices for construction materials. Hong Kong SAR, China, reduced the time required to obtain a building permit by establishing a one-stop center that DB2010 Hong Kong SAR, China brings together 6 local departments and 2 private utility companies under the same roof. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 33 GETTING ELECTRICITY Access to reliable and affordable electricity is vital WHAT THE GETTING ELECTRICITY for businesses. To counter weak electricity supply, many firms in developing economies have to rely on INDICATORS MEASURE self-supply, often at a prohibitively high cost. Whether electricity is reliably available or not, the Procedures to obtain an electricity connection first step for a customer is always to gain access by (number) obtaining a connection. Submitting all relevant documents and What do the indicators cover? obtaining all necessary clearances and permits Doing Business records all procedures required for a Completing all required notifications and local business to obtain a permanent electricity receiving all necessary inspections connection and supply for a standardized Obtaining external installation works and warehouse, as well as the time and cost to complete possibly purchasing material for these works them. These procedures include applications and Concluding any necessary supply contract and contracts with electricity utilities, clearances from obtaining final supply other agencies and the external and final connection works. In addition, this year Doing Business adds Time required to complete each procedure two new measures: the reliability of supply and (calendar days) transparency of tariffs index (included in the Is at least 1 calendar day aggregate distance to frontier score and ranking on Each procedure starts on a separate day the ease of doing business) and the price of electricity (omitted from these aggregate measures). Does not include time spent gathering The ranking of economies on the ease of getting information electricity is determined by sorting their distance to Reflects the time spent in practice, with little frontier scores for getting electricity. These scores follow-up and no prior contact with officials are the simple average of the distance to frontier Cost required to complete each procedure (% scores for each of the component indicators. To of income per capita) make the data comparable across economies, several assumptions are used. Official costs only, no bribes Assumptions about the warehouse Excludes value added tax The reliability of supply and transparency of The warehouse: tariffs index  Is owned by a local entrepreneur. Sum of the scores of six component indices:  Is located in the economy’s largest business Duration and frequency of outages city. For 11 economies the data are also collected for the second largest business city. Tools to monitor power outages  Is located in an area where similar warehouses Tools to restore power supply are typically located. In this area a new Regulatory monitoring of utilities’ performance electricity connection is not eligible for a Financial deterrents aimed at limiting outages special investment promotion regime (offering special subsidization or faster service, for Transparency and accessibility of tariffs example), and located in an area with no Price of electricity (cents per kilowatt-hour)* physical constraints. For example, the property Price based on monthly bill for commercial is not near a railway. warehouse in case study  Is a new construction and is being connected *Price of electricity is not included in the calculation of to electricity for the first time. distance to frontier nor ease of doing business ranking Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 34 The warehouse (continued):  Has two stories, both above ground, with Assumptions about the monthly consumption a total surface area of approximately  It is assumed that the warehouse operates 8 1,300.6 square meters (14,000 square hours a day for 30 days a month, with feet). The plot of land on which it is built equipment utilized at 80% of capacity on is 929 square meters (10,000 square feet). average, and that there are no electricity cuts  Is used for storage of goods. (assumed for simplicity). The subscribed capacity of the warehouse is 140 kVA, with a power factor of 1 (1 kVA = 1 kW). The monthly Assumptions about the electricity connection energy consumption is therefore 26,880 kWh, and the hourly consumption 112 kWh (26,880 The electricity connection: kWh/30 days/8 hours).  Is a permanent one.  If multiple electricity suppliers exist, the  Is a three-phase, four-wire Y, 140-kilovolt- warehouse is served by the cheapest supplier. ampere (kVA) (subscribed capacity) connection (where the voltage is 120/208  Tariffs effective in March of the current year are used for calculation of the price of V, the current would be 400 amperes; electricity for the warehouse. where it is 230/400 B, the current would be nearly 200 amperes).  Is 150 meters long. The connection is to either the low-voltage or the medium- voltage distribution network and either overhead or underground, whichever is more common in the area where the warehouse is located.  Requires works that involve the crossing of a 10-meter road (such as by excavation or overhead lines) but are all carried out on public land. There is no crossing of other owners’ private property because the warehouse has access to a road.  Includes only a negligible length in the customer’s private domain.  Will supply monthly electricity consumption of 26,880 kilowatt-hours (kWh).  Does not involve work to install the internal electrical wiring. This has already been completed, up to and including the customer’s service panel or switchboard and installation of the meter base. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 35 GETTING ELECTRICITY Where do the region’s economies stand today? How easy is it for entrepreneurs in economies in East 4.1). The average ranking of the region and comparator Asia and the Pacific (EAP) to connect a warehouse to regions provide a useful benchmark. electricity? The global rankings of these economies on the ease of getting electricity suggest an answer (figure Figure 4.1 How economies in East Asia and the Pacific (EAP) rank on the ease of getting electricity Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 36 GETTING ELECTRICITY The indicators underlying the rankings may be more time and the cost (figure 4.2). Comparing these revealing. Data collected by Doing Business show what it indicators across the region and with averages both for takes to get a new electricity connection in each the region and for comparator regions can provide economy in the region: the number of procedures, the useful insights. Figure 4.2 What it takes to get an electricity connection in economies in East Asia and the Pacific (EAP) Procedures (number) Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 37 GETTING ELECTRICITY Time (days) Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 38 GETTING ELECTRICITY Cost (% of income per capita) Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 39 GETTING ELECTRICITY Reliability of supply and transparency of tariff index (0-8) Source: Doing Business database. Note: The index ranges from 0 to 8, with higher values indicating greater reliability of electricity supply and greater transparency of tariffs. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 40 GETTING ELECTRICITY What are the changes over time? Obtaining an electricity connection is essential to enable ensure safety in the connection process while keeping a business to conduct its most basic operations. In many connection costs reasonable, governments around the economies the connection process is complicated by the world have worked to consolidate requirements for multiple laws and regulations involved—covering service obtaining an electricity connection. What reforms in quality, general safety, technical standards, procurement getting electricity has Doing Business recorded in East practices and internal wiring installations. In an effort to Asia and the Pacific (EAP) (table 4.1)? Table 4.1 How have economies in East Asia and the Pacific (EAP) made getting electricity easier—or not? By Doing Business report year DB2011 to DB2016 DB year Economy Reform The utility in Hong Kong SAR, China, made getting electricity easier by streamlining the process for reviewing connection DB2016 Hong Kong SAR, China applications and for completing the connection works and meter installation. In addition, the time needed to issue an excavation permit was reduced. Cambodia reduced the average frequency and duration of power outages experienced by a customer over the course of DB2016 Cambodia a year in Phnom Penh by increasing power generation capacity. The Ministry of Electric Power facilitated the process to obtain DB2016 Myanmar a new electricity connection in Myanmar by reducing delays through fewer approvals. The utility in Taiwan, China, reduced the time required for getting an electricity connection through a simplified DB2016 Taiwan, China procedure for obtaining excavation permits from the municipality. The utility in Vietnam reduced the time required for getting an electricity connection by reducing delays and increasing efficiency in approving connection applications and designs DB2016 Vietnam for connection works. In Indonesia the electricity company in Jakarta made getting electricity easier by eliminating the need for electrical contractors to obtain multiple certificates guaranteeing the DB2015 Indonesia safety of internal installations—though. The utility in Jakarta and Surabaya also increased the cost by introducing a security deposit for new connections. The Solomon Islands made getting electricity easier by DB2015 Solomon Islands improving procurement practices for the materials needed to Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 41 DB year Economy Reform establish new connections. Taiwan, China, made getting electricity easier by eliminating DB2015 Taiwan, China site inspections. Mongolia made getting electricity easier by increasing the efficiency of the utility’s internal processes, enforcing time DB2014 Mongolia limits at different stages of the connection process and eliminating the fees for testing the installation. Malaysia made getting electricity easier by increasing the DB2014 Malaysia efficiency of internal processes at the utility and improving its communication and dialogue with contractors. Indonesia made getting electricity easier by eliminating the requirement for new customers applying for an electricity DB2013 Indonesia connection to show a neighbor’s electricity bill as a way to help determine their address. Tonga made getting electricity faster by implementing a time DB2012 Tonga limit for the safety inspection. Brunei Darussalam made getting electricity easier by DB2012 Brunei Darussalam establishing a one-stop shop and reducing the time required to obtain an excavation permit. Hong Kong SAR (China) made getting electricity easier by DB2012 Hong Kong SAR, China increasing the efficiency of public agencies and streamlining the utility’s procedures with other government agencies. Indonesia made getting electricity more difficult by increasing DB2012 Indonesia connection fees. Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 42 REGISTERING PROPERTY Ensuring formal property rights is fundamental. WHAT THE REGISTERING PROPERTY Effective administration of land is part of that. If INDICATORS MEASURE formal property transfer is too costly or complicated, formal titles might go informal again. And where property is informal or poorly Procedures to legally transfer title on administered, it has little chance of being accepted immovable property (number) as collateral for loans—limiting access to finance. Preregistration (for example, checking for liens, notarizing sales agreement, paying property What do the indicators cover? transfer taxes) Doing Business records the full sequence of Registration in the economy’s largest business procedures necessary for a business to purchase city 2 property from another business and transfer the property title to the buyer’s name. The transaction is Postregistration (for example, filing title with the municipality) considered complete when it is opposable to third parties and when the buyer can use the property, Time required to complete each procedure use it as collateral for a bank loan or resell it. In (calendar days) addition, this year Doing Business adds a new Does not include time spent gathering measure to the set of registering property information indicators, an index of the quality of the land administration system in each economy. The Each procedure starts on a separate day. ranking of economies on the ease of registering Procedures that can be fully completed online are recorded as ½ day. property is determined by sorting their distance to frontier scores for registering property. These scores Procedure considered completed once final are the simple average of the distance to frontier document is received scores for each of the component indicators. To No prior contact with officials make the data comparable across economies, several assumptions about the parties to the Cost required to complete each procedure transaction, the property and the procedures are (% of property value) used. Official costs only, no bribes The parties (buyer and seller): No value added or capital gains taxes included  Are limited liability companies, 100% Quality of land administration index (0-30) domestically and privately owned and  Is located in a periurban commercial zone, and perform general commercial activities and no rezoning is required. are located in the economy’s largest business city .  Has no mortgages attached, has been under 2 the same ownership for the past 10 years.  Have 50 employees each, all of whom are nationals.  Consists of 557.4 square meters (6,000 square feet) of land and a 10-year-old, 2-story The property (fully owned by the seller): warehouse of 929 square meters (10,000  Has a value of 50 times income per capita. square feet). The warehouse is in good The sale price equals the value and entire condition and complies with all safety property will be transferred. standards, building codes and legal  Is registered in the land registry or cada- requirements. There is no heating system. stre, or both, and is free of title disputes. For the 11 economies with a population of more than 100 million, data for a second city have been added. 2 Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 43 REGISTERING PROPERTY Where do the region’s economies stand today? How easy is it for entrepreneurs in economies in East registering property suggest an answer (figure 5.1). The Asia and the Pacific (EAP) to transfer property? The average ranking of the region and comparator regions global rankings of these economies on the ease of provide a useful benchmark. Figure 5.1 How economies in East Asia and the Pacific (EAP) rank on the ease of registering property Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 44 REGISTERING PROPERTY The indicators underlying the rankings may be more time and the cost (figure 5.2). Comparing these revealing. Data collected by Doing Business show what indicators across the region and with averages both for it takes to complete a property transfer in each the region and for comparator regions can provide economy in the region: the number of procedures, the useful insights. Figure 5.2 What it takes to register property in economies in East Asia and the Pacific (EAP) Procedures (number) Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 45 REGISTERING PROPERTY Time (days) Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 46 REGISTERING PROPERTY Cost (% of property value) * Indicates a “no practice” mark. If an economy has no laws or regulations covering a specific area—for example, insolvency—it receives a “no practice” mark. Similarly, an economy receives a “no practice” or “not possible” mark if regulation exists but is never used in practice or if a competing regulation prohibits such practice. Either way, a “no practice” mark puts the economy at the bottom of the ranking on the relevant indicator. Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 47 REGISTERING PROPERTY Quality of Land Administration Index (0-30) * Indicates a “no practice” mark. If an economy has no laws or regulations covering a specific area—for example, insolvency—it receives a “no practice” mark. Similarly, an economy receives a “no practice” or “not possible” mark if regulation exists but is never used in practice or if a competing regulation prohibits such practice. Either way, a “no practice” mark puts the economy at the bottom of the ranking on the relevant indicator. Source: Doing Business database. Note: The index ranges from 0 to 30, with higher values indicating better quality of the land administration system. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 48 REGISTERING PROPERTY What are the changes over time? Economies worldwide have been making it easier for buyers to use or mortgage their property earlier. What entrepreneurs to register and transfer property—such as property registration reforms has Doing Business by computerizing land registries, introducing time limits recorded in East Asia and the Pacific (EAP) (table 5.1)? for procedures and setting low fixed fees. Many have cut the time required substantially—enabling Table 5.1 How have economies in East Asia and the Pacific (EAP) made registering property easier—or not? By Doing Business report year DB2011 to DB2016 DB year Economy Reform Vanuatu improved the quality of land administration by DB2016 Vanuatu appointing a land ombudsman to deal with complaints relating to the land registry. Vanuatu made property transfers faster by digitizing its land DB2015 Vanuatu registry system and hiring and training new staff. Hong Kong SAR, China, made transferring property more DB2014 Hong Kong SAR, China costly by increasing the stamp duty. Singapore made transferring property easier by introducing DB2014 Singapore an online procedure for property transfers. Samoa made transferring property more expensive by DB2014 Samoa increasing the stamp duty. Fiji made transferring property more difficult by requiring parties to a property transaction to obtain a capital gains tax DB2013 Fiji clearance certificate from the Fiji Revenue and Customs Authority. Malaysia substantially reduced the number of days it takes to DB2013 Malaysia register property transfers. The Solomon Islands made registering property faster by DB2012 Solomon Islands separating the land registry from the business and movable property registries. Thailand made registering property more expensive by DB2012 Thailand increasing the registration fee. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 49 DB year Economy Reform DB2012 Tonga Tonga made transferring property more costly. Vanuatu made registering property easier by computerizing DB2012 Vanuatu the land registry. Thailand made registering property more costly by repealing DB2011 Thailand a 2-year temporary tax reduction for property transfers. Samoa shifted from a deed system to a title system and fully DB2011 Samoa computerized its land registry, which reduced the time required to register property by 4 months. Lao PDR made resgistering property faster by moving to a DB2011 Lao PDR title system. Malaysia’s introduction of online stamping reduced the time DB2011 Malaysia and cost to transfer property. Indonesia made registering property easier by introducing DB2010 Indonesia time limits for procedures at the land registry. Hong Kong SAR, China, made registering property easier by DB2010 Hong Kong SAR, China making it possible to submit the stamp duty for the sale act (property assignment) online. Singapore made registering property easier by upgrading DB2010 Singapore electronic systems and streamlining the administrative procedures of the government agencies involved. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 50 GETTING CREDIT Two types of frameworks can facilitate access to WHAT THE GETTING CREDIT INDICATORS credit and improve its allocation: credit information MEASURE systems and borrowers and lenders in collateral and bankruptcy laws. Credit information systems enable lenders’ rights to view a potential borrower’s financial Strength of legal rights index (0–12) history (positive or negative)—valuable information to Rights of borrowers and lenders through consider when assessing risk. And they permit collateral laws borrowers to establish a good credit history that will Protection of secured creditors’ rights through allow easier access to credit. Sound collateral laws bankruptcy laws enable businesses to use their assets, especially movable property, as security to generate capital— Depth of credit information index (0–8) while strong creditors’ rights have been associated Scope and accessibility of credit information with higher ratios of private sector credit to GDP. distributed by credit bureaus and credit registries What do the indicators cover? Credit bureau coverage (% of adults) Doing Business assesses the sharing of credit information and the legal rights of borrowers and Number of individuals and firms listed in lenders with respect to secured transactions through largest credit bureau as percentage of adult 2 sets of indicators. The depth of credit information population index measures rules and practices affecting the Credit registry coverage (% of adults) coverage, scope and accessibility of credit Number of individuals and firms listed in information available through a credit registry or a credit registry as percentage of adult credit bureau. The strength of legal rights index population measures whether certain features that facilitate lending exist within the applicable collateral and bankruptcy laws. Doing Business uses two case scenarios, Case A and Case B, to determine the scope of the secured transactions system, involving a  Has up to 50 employees. secured borrower and a secured lender and  Is 100% domestically owned, as is the lender. examining legal restrictions on the use of movable The ranking of economies on the ease of getting collateral (for more details on each case, see the Data credit is determined by sorting their distance to Notes section of the Doing Business 2016 report). frontier scores for getting credit. These scores are These scenarios assume that the borrower: the distance to frontier score for the strength of  Is a private limited liability company. legal rights index and the depth of credit Has its headquarters and only base of information index. operations in the largest business city. For the 11 economies with a population of more than 100 million, data for a second city have been added. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 51 GETTING CREDIT Where do the region’s economies stand today? How well do the credit information systems and getting credit suggest an answer (figure 6.1). The collateral and bankruptcy laws in economies in East Asia average ranking of the region and comparator regions and the Pacific (EAP) facilitate access to credit? The provide a useful benchmark. global rankings of these economies on the ease of Figure 6.1 How economies in East Asia and the Pacific (EAP) rank on the ease of getting credit Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 52 GETTING CREDIT Another way to assess how well regulations and the strength of legal rights index for East Asia and the institutions support lending and borrowing in the region Pacific (EAP) and comparators on the strength of legal is to see where the region stands in the distribution of rights index. Figure 6.3 shows the same thing for the scores across regions. Figure 6.2 highlights the score on depth of credit information index. Figure 6.2 How strong are legal rights for borrowers and lenders? Region scores on strength of legal rights index Note: Higher scores indicate that collateral and bankruptcy laws are better designed to facilitate access to credit. Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 53 Figure 6.3 How much credit information is shared—and how widely? Region scores on depth of credit information index Note: Higher scores indicate the availability of more credit information, from either a credit registry or a credit bureau, to facilitate lending decisions. If the credit bureau or registry is not operational or covers less than 5% of the adult population, the total score on the depth of credit information index is 0. Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 54 GETTING CREDIT What are the changes over time? When economies strengthen the legal rights of lenders information, they can increase entrepreneurs’ access to and borrowers under collateral and bankruptcy laws, and credit. What credit reforms has Doing Business recorded increase the scope, coverage and accessibility of credit in East Asia and the Pacific (EAP) (table 6.1)? Table 6.1 How have economies in East Asia and the Pacific (EAP) made getting credit easier—or not? By Doing Business report year DB2011 to DB2016 DB year Economy Reform Hong Kong SAR, China, improved access to credit by DB2016 Hong Kong SAR, China implementing a modern collateral registry. Indonesia improved access to credit by enabling searches of DB2016 Indonesia the collateral registry by the debtor’s name. This reform applies to both Jakarta and Surabaya. The Lao People’s Democratic Republic improved access to credit information by eliminating the threshold for the DB2016 Lao PDR minimum size of loans to be included in the credit registry’s database and by expanding borrower coverage. In Mongolia the credit registry began distributing data from a DB2016 Mongolia utility company, improving access to credit information. Vietnam guaranteed borrowers’ right to inspect their credit DB2016 Vietnam data while the new credit bureau expanded borrower coverage, improving the credit information system. The Lao People’s Democratic Republic improved access to DB2015 Lao PDR credit by implementing a modern, unified, notice-based collateral registry. Taiwan, China, improved access to credit information by DB2015 Taiwan, China beginning to include data from utility companies in credit reports. Vietnam improved its credit information system by DB2015 Vietnam establishing a new credit bureau. Brunei Darussalam improved access to credit information by DB2014 Brunei Darussalam establishing a public credit registry. DB2014 China China improved its credit information system by introducing credit information industry regulations, which guarantee Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 55 DB year Economy Reform borrowers’ right to inspect their data. Indonesia improved its credit information system through a DB2014 Indonesia new regulation setting up a legal framework for establishing credit bureaus. The Philippines improved access to credit information by beginning to distribute both positive and negative DB2014 Philippines information and by enacting a data privacy act that guarantees borrowers’ right to access their data. Palau strengthened its secured transactions system through a new law that establishes a centralized collateral registry, broadens the range of assets that can be used as collateral to include future assets, allows a general description in the DB2014 Palau security agreement of debts and obligations as well as assets pledged as collateral, establishes clear priority rules outside bankruptcy for secured creditors and allows out-of-court enforcement of the collateral. Singapore improved its credit information system by DB2014 Singapore guaranteeing by law borrowers’ right to inspect their own data. Tonga improved access to credit information by establishing DB2014 Tonga a private credit bureau. Vietnam improved its credit information system through a DB2014 Vietnam decree setting up a legal framework for the establishment of private credit bureaus. Vanuatu improved access to credit information by DB2014 Vanuatu establishing a private credit bureau. Mongolia improved access to credit information by adopting a law that provides for licensing of credit reference bureaus DB2013 Mongolia and guarantees borrowers’ right to inspect their personal data. Cambodia improved access to credit information by DB2013 Cambodia establishing its first private credit bureau. Lao PDR improved access to credit information by DB2012 Lao PDR establishing a public credit registry. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 56 DB year Economy Reform Tonga strengthened its secured transactions system by passing a new law that allows a general description of the DB2012 Tonga obligation in the security agreement and gives secured creditors priority outside bankruptcy. Mongolia improved its credit information system by DB2012 Mongolia eliminating the minimum threshold for loans included in the database. Timor-Leste improved its credit information system by DB2012 Timor-Leste establishing a public credit registry. Cambodia strengthened its credit information system DB2012 Cambodia through a new regulation allowing credit bureaus to collect and distribute positive as well as negative credit information. Vietnam improved its credit information system by allowing DB2011 Vietnam borrowers to examine their own credit report and correct errors. The Marshall Islands improved access to credit through a new law on secured transactions that establishes a central collateral registry, broadens the range of assets that can be DB2011 Marshall Islands used as collateral, allows a general description of debts and obligations and assets granted as collateral and establishes clear priority rules outside bankruptcy for secured creditors. Singapore improved its credit information system by DB2011 Singapore collecting and distributing information on firms. The Solomon Islands strengthened access to credit by passing a new secured transactions law that broadens the range of assets that can be used as collateral, allows a general DB2011 Solomon Islands description of debts and obligations secured by collateral, permits out-of-court enforcement and creates a collateral registry. Operation of a new private credit bureau improved the credit DB2011 Papua New Guinea information system in Papua New Guinea. The Philippines improved access to credit information DB2010 Philippines through a new act regulating the operations and services of a credit information system. Samoa strengthened its secured transactions system by DB2010 Samoa beginning to enforce its new company act and securities act, which allow a corporation to grant a floating charge Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 57 DB year Economy Reform (debenture) over all its assets and which automatically extend a security interest to the products and proceeds of collateral for a floating charge. Vanuatu strengthened its secured transactions system by DB2010 Vanuatu launching a unified and geographically centralized collateral registry. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 58 PROTECTING MINORITY INVESTORS Protecting minority investors matters for the ability of WHAT THE PROTECTING MINORITY INVESTORS companies to raise the capital they need to grow, INDICATORS MEASURE innovate, diversify and compete. Effective regulations define related-party transactions precisely, promote clear and efficient disclosure requirements, require Extent of disclosure index (0–10) shareholder participation in major decisions of the Review and approval requirements for related-party company and set detailed standards of accountability transactions ; Disclosure requirements for related-party for company insiders. transactions What do the indicators cover? Extent of director liability index (0–10) Doing Business measures the protection of minority Ability of minority shareholders to sue and hold interested investors from conflicts of interest through one set of directors liable for prejudicial related-party transactions; indicators and shareholders’ rights in corporate Available legal remedies (damages, disgorgement of profits, governance through another. The ranking of economies fines, imprisonment, rescission of the transaction) on the strength of minority investor protections is determined by sorting their distance to frontier scores Ease of shareholder suits index (0–10) for protecting minority investors. These scores are the Access to internal corporate documents; Evidence simple average of the distance to frontier scores for the obtainable during trial and allocation of legal expenses extent of conflict of interest regulation index and the Extent of conflict of interest regulation index extent of shareholder governance index. To make the (0–10) data comparable across economies, a case study uses Simple average of the extent of disclosure, extent of director several assumptions about the business and the liability and ease of shareholder indices transaction. Extent of shareholder rights index (0-10) The business (Buyer): Shareholders’ rights and role in major corporate decisions  Is a publicly traded corporation listed on the economy’s most important stock exchange Extent of ownership and control index (0-10) (or at least a large private company with Governance safeguards protecting shareholders from undue multiple shareholders). board control and entrenchment  Has a board of directors and a chief executive Extent of corporate transparency index (0-10) officer (CEO) who may legally act on behalf of Buyer where permitted, even if this is not Corporate transparency on ownership stakes, compensation, specifically required by law. audits and financial prospects The transaction involves the following details: Extent of shareholder governance index (0–  Mr. James, a director and the majority 10) shareholder of the company, proposes that Simple average of the extent of shareholders rights, extent the company purchase used trucks from of ownership and control and extent of corporate another company he owns. transparency indices  The price is higher than the going price for Strength of investor protection index (0–10) used trucks, but the transaction goes forward. Simple average of the extent of conflict of interest  All required approvals are obtained, and all regulation and extent of shareholder governance indices required disclosures made, though the transaction is prejudicial to Buyer.  Shareholders sue the interested parties and the members of the board of directors. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 59 PROTECTING MINORITY INVESTORS Where do the region’s economies stand today? How strong are investor protections against self-dealing to the protection of minority investors, a higher ranking in economies in East Asia and the Pacific (EAP)? The does indicate that an economy’s regulations offer global rankings of these economies on the strength of stronger investor protections against self-dealing in the investor protection index suggest an answer (figure 7.1). areas measured. While the indicator does not measure all aspects related Figure 7.1 How economies in East Asia and the Pacific (EAP) rank on the strength of investor protection index Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 60 PROTECTING MINORITY INVESTORS The strength of minority investor protection index is the highlight the scores on the various minority investor average of the extent of conflict of interest regulation protection indices for East Asia and the Pacific (EAP). index and the extent of shareholder governance index. Comparing the scores across the region and with The index ranges from 0 to 10, rounded to the nearest averages both for the region and for comparator regions decimal place, with higher values indicating stronger can provide useful insights. minority investor protections. Figures 7.2 and 7.3 Figure 7.2 How extensive are conflict of interest regulations? Extent of conflict of interest regulation index (0-10) Note: Higher values indicate stronger regulation of conflicts of interest. Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 61 Figure 7.3 How extensive is shareholder governance? Extent of shareholder governance index (0-10) Note: Higher scores indicate stronger rights of shareholders in corporate governance. Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 62 PROTECTING MINORITY INVESTORS What are the changes over time? Economies with the strongest protections of minority reforms to strengthen minority investor protections may investors from self-dealing require detailed disclosure move ahead on different fronts—such as through new or and define clear duties for directors. They also have well- amended company laws, securities regulations or functioning courts and up-to-date procedural rules that revisions to court procedures. What minority investor give minority shareholders the means to prove their case protection reforms has Doing Business recorded in East and obtain a judgment within a reasonable time. So Asia and the Pacific (EAP) (table 7.1)? Table 7.1 How have economies in East Asia and the Pacific (EAP) strengthened minority investor protections—or not? By Doing Business report year DB2011 to DB2016 DB year Economy Reform Hong Kong SAR, China, strengthened minority investor protections by introducing requirements for directors to DB2015 Hong Kong SAR, China provide more detailed disclosure of conflicts of interest to the other board members. The Lao People’s Democratic Republic strengthened minority investor protections by introducing requirements for directors to disclose in detail their conflicts of interest to the other DB2015 Lao PDR board members and for companies to promptly disclose related-party transactions to the Securities Commission and to include the information in their annual reports. Mongolia strengthened minority investor protections by introducing a requirement for public joint stock companies to DB2015 Mongolia publicly disclose related-party transactions within 2 business days. Vietnam strengthened investor protections by introducing DB2014 Vietnam greater disclosure requirements for publicly held companies in cases of related-party transactions. Taiwan, China, strengthened investor protections by increasing disclosure requirements for related-party DB2013 Taiwan, China transactions and improving the liability regime for company directors in cases where such transactions are abusive. Mongolia strengthened investor protections by increasing the DB2013 Mongolia disclosure requirements for related-party transactions. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 63 DB year Economy Reform The Solomon Islands strengthened investor protections by DB2012 Solomon Islands increasing shareholder access to corporate information. Vietnam strengthened investor protections by requiring DB2012 Vietnam higher standards of accountability for company directors. Indonesia strengthened investor protections by increasing DB2010 Indonesia disclosure requirements for related-party transactions. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 64 WHAT THE PAYING TAXES INDICATORS PAYING TAXES Taxes are essential. The level of tax rates needs to MEASURE be carefully chosen—and needless complexity in tax rules avoided. Firms in economies that rank Tax payments for a manufacturing company better on the ease of paying taxes in the Doing in 2014 (number per year adjusted for Business study tend to perceive both tax rates and electronic and joint filing and payment) tax administration as less of an obstacle to Total number of taxes and contributions paid, business according to the World Bank Enterprise including consumption taxes (value added tax, Survey research. sales tax or goods and service tax) Method and frequency of filing and payment What do the indicators cover? Time required to comply with 3 major taxes Using a case scenario, Doing Business records the (hours per year) taxes and mandatory contributions that a medium- size company must pay in a given year as well as Collecting information and computing the tax measures of the administrative burden of paying payable taxes and contributions. This case scenario uses a set Completing tax return forms, filing with of financial statements and assumptions about proper agencies transactions made over the year. Information is also Arranging payment or withholding compiled on the frequency of filing and payments as well as time taken to comply with tax laws. The Preparing separate tax accounting books, if ranking of economies on the ease of paying taxes is required determined by sorting their distance to frontier Total tax rate (% of profit before all taxes) scores on the ease of paying taxes. These scores are the simple average of the distance to frontier scores Profit or corporate income tax for each of the component indicators, with a Social contributions and labor taxes paid by threshold and a nonlinear transformation applied to the employer one of the component indicators, the total tax rate . 3 Property and property transfer taxes The financial statement variables have been updated to be proportional to 2012 income per capita; Dividend, capital gains and financial previously they were proportional to 2005 income transactions taxes per capita. To make the data comparable across Waste collection, vehicle, road and other taxes economies, several assumptions are used.  Taxes and mandatory contributions are  TaxpayerCo is a medium-size business that measured at all levels of government. started operations on January 1, 2013.  Taxes and mandatory contributions include  The business starts from the same financial corporate income tax, turnover tax and all position in each economy. All the taxes labor taxes and contributions paid by the and mandatory contributions paid during company. the second year of operation are recorded.  A range of standard deductions and exemptions are also recorded. The nonlinear distance to frontier for the total tax rate is equal to the distance to frontier for the total tax rate to the power of 0.8. 3 The threshold is defined as the total tax rate at the 15th percentile of the overall distribution for all years included in the analysis up to and including Doing Business 2015, which is 26.1%. All economies with a total tax rate below this threshold receive the same score as the economy at the threshold. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 65 PAYING TAXES Where do the region’s economies stand today? What is the administrative burden of complying with offer useful information for assessing the tax compliance taxes in economies in East Asia and the Pacific (EAP)— burden for businesses (figure 8.1). The average ranking and how much do firms pay in taxes? The global of the region provides a useful benchmark. rankings of these economies on the ease of paying taxes Figure 8.1 How economies in East Asia and the Pacific (EAP) rank on the ease of paying taxes Note: All economies with a total tax rate below the threshold of 26.1% applied in DB2015, receive the same distance to frontier score for the total tax rate (a distance to frontier score of 100 for the total tax rate) for the purpose of calculating the ranking on the ease of paying taxes. Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 66 PAYING TAXES The indicators underlying the rankings may be more major taxes (corporate income tax, VAT or sales tax and revealing. Data collected by Doing Business show what it labor taxes and mandatory contributions)—as well as the takes to comply with tax regulations in each economy in total tax rate (figure 8.2). Comparing these indicators the region—the number of payments per year and the across the region and with averages both for the region time required to prepare, and file and pay taxes the 3 and for comparator regions can provide useful insights. Figure 8.2 How easy is it to pay taxes in economies in East Asia and the Pacific (EAP)—and what are the total tax rates? Payments (number per year) Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 67 PAYING TAXES Time (hours per year) Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 68 PAYING TAXES Total tax rate (% of profit) Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 69 PAYING TAXES What are the changes over time? Economies around the world have made paying taxes concrete results. Some economies simplifying faster and easier for businesses—such as by compliance with tax obligations and reducing rates have consolidating filings, reducing the frequency of seen tax revenue rise. What tax reforms has Doing payments or offering electronic filing and payment. Business recorded in East Asia and the Pacific (EAP) (table Many have lowered tax rates. Changes have brought 8.1)? Table 8.1 How have economies in East Asia and the Pacific (EAP) made paying taxes easier—or not? By Doing Business report year DB2011 to DB2016 DB year Economy Reform Brunei Darussalam made paying taxes easier and less costly for companies by merging contributions for the Employee Provident Fund and the Supplemental Pension Fund and DB2016 Brunei Darussalam increasing the capital allowance for industrial buildings. In addition, it reduced the corporate income tax rate, though it also abolished the partial exemption of income and introduced a flat rate. China made paying taxes less costly for companies in DB2016 China Shanghai by reducing the social security contribution rate. Hong Kong SAR, China, made paying taxes easier and less costly for companies by simplifying compliance with the mandatory provident fund obligations and increasing the DB2016 Hong Kong SAR, China allowance for profit tax. At the same time, it increased the maximum contribution to the mandatory provident fund and reduced the property tax waiver. Indonesia made paying taxes easier and less costly for companies by introducing an online system for paying social DB2016 Indonesia security contributions and by reducing both the rate paid by employers and the ceiling for the contributions. This reform applies to both Jakarta and Surabaya. Myanmar made paying taxes more costly and complicated for companies by increasing the rate paid by employers and DB2016 Myanmar ceiling for social security contributions, requiring additional documents for commercial tax returns and introducing quarterly preparation, filing and payment of corporate Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 70 DB year Economy Reform income tax. At the same time, Myanmar increased the rate of allowable depreciation. Malaysia made paying taxes easier and less costly for companies by making electronic filing mandatory and DB2016 Malaysia reducing the property tax rate. At the same time, it also increased the capital gains tax. Tonga made paying taxes more complicated for companies DB2016 Tonga by reintroducing the annual fee for a business license. Vietnam made paying taxes less costly for companies by reducing the corporate income tax rate—and made it easier by reducing the number of procedures and documents for filing VAT and social security contributions, reducing the DB2016 Vietnam number of filings for VAT and replacing quarterly filings of corporate income tax with quarterly advance payments. On the other hand, Vietnam increased the rate for social security contributions paid by employers. Brunei Darussalam made paying taxes easier for companies by allowing joint filing and payment of supplemental DB2015 Brunei Darussalam contributory pension and employee provident fund contributions and by introducing an online system for paying these 2 contributions. China made paying taxes easier for companies by enhancing the electronic system for filing and paying taxes and adopting new communication channels within its taxpayer service, DB2015 China changes applying to both Beijing and Shanghai. In addition, China made paying taxes less costly for companies in Shanghai by reducing the social security contribution rate. Indonesia made paying taxes less costly for companies by DB2015 Indonesia reducing employers’ health insurance contribution rate. This reform applies to both Jakarta and Surabaya. Kiribati made paying taxes more complicated for companies DB2015 Kiribati by introducing VAT. Mongolia made paying taxes easier for companies by DB2015 Mongolia introducing an electronic system for filing corporate income tax, VAT and social security contributions. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 71 DB year Economy Reform Taiwan, China, made paying taxes easier for companies by DB2015 Taiwan, China introducing an electronic system for paying the vehicle license tax. Vietnam made paying taxes less costly for companies by DB2015 Vietnam reducing the corporate income tax rate. Fiji made paying taxes more complicated for companies by transferring the fringe benefit tax liability from employees to DB2014 Fiji employers and by limiting the deductibility of mandatory contributions. Lao PDR made paying taxes less costly for companies by DB2014 Lao PDR reducing the corporate income tax rate—though it also introduced a new property transfer tax. Myanmar made paying taxes less costly for companies by DB2014 Myanmar reducing the corporate income tax rate. The Philippines made paying taxes easier for companies by DB2014 Philippines introducing an electronic filing and payment system for social security contributions. Thailand made paying taxes less costly for companies by DB2014 Thailand reducing employers' social security contribution rate. Tonga made paying taxes more complicated for companies DB2014 Tonga by introducing a superannuation levy—though it also abolished the business license for 2013. Vietnam made paying taxes more costly for companies by DB2014 Vietnam increasing employers' social security contribution rate. DB2013 Cambodia Cambodia introduced a new tax on immovable property. Brunei Darussalam made paying taxes less costly for DB2013 Brunei Darussalam companies by reducing the profit tax rate. Fiji made paying taxes less costly for companies by reducing DB2013 Fiji the profit tax rate. At the same time, Fiji introduced capital gains tax. DB2013 Lao PDR Lao PDR made paying taxes less costly for companies by Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 72 DB year Economy Reform reducing the corporate income tax rate. Thailand made paying taxes less costly for companies by DB2013 Thailand reducing the profit tax rate. Malaysia made paying taxes costlier for firms by reintroducing the real estate capital gains tax—but also made DB2012 Malaysia tax compliance easier by improving electronic systems and the availability of software. Brunei Darussalam reduced the corporate income tax rate DB2011 Brunei Darussalam from 23.5% to 22% while also introducing a lower tax rate for small businesses, ranging from 5.5% to 11%. Lao PDR replaced the business turnover tax with a new value DB2011 Lao PDR added tax. DB2011 Indonesia Indonesia reduced its corporate income tax rate. Taiwan (China) reduced the corporate income tax rate and DB2011 Taiwan, China simplified tax return forms, rules for assessing corporate income tax and the calculation of interim tax payments. China’s new corporate income tax law unified the tax regimes for domestic and foreign enterprises and clarified the DB2011 China calculation of taxable income for corporate income tax purposes. DB2011 Hong Kong SAR, China Hong Kong SAR (China) abolished the fuel tax on diesel. Tonga simplified the payment of taxes by replacing a 2-tier system with a 25% corporate income tax rate for both DB2011 Tonga domestic and foreign companies and introducing tax incentives with a broad-based capital allowance system to replace tax holidays and other tax concessions. The government of Vietnam eased paying taxes by reducing DB2011 Vietnam corporate income tax rate. Thailand temporarily lowered taxes on business by reducing DB2011 Thailand its specific business tax for 12 months. DB2010 Timor-Leste Timor-Leste made paying taxes less costly for companies by reducing the corporate income tax rate and eliminating the Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 73 DB year Economy Reform alternative minimum tax and the withholding tax on interest. Vietnam made paying taxes less costly for companies by reducing the corporate income and value added tax rates and DB2010 Vietnam eliminating the surtax on income from the transfer of land use rights. Tonga made paying taxes easier and less costly for companies through a new income tax law introducing self- DB2010 Tonga assessment as well as accelerated depreciation and amortization for certain assets. Taiwan, China, made paying taxes easier for companies by DB2010 Taiwan, China extending electronic filing and payment to value added tax. Fiji made paying taxes less costly for companies by reducing DB2010 Fiji the corporate income tax rate—though it also imposed a road user levy on all vehicles. Cambodia made paying taxes more costly for companies by DB2010 Cambodia introducing a social security contribution based on employees’ average monthly wage. Lao PDR made paying taxes easier for companies by DB2010 Lao PDR consolidating several taxes into one improved form and improving the lodgment process and staffing at the tax office. Indonesia made paying taxes less costly for companies by DB2010 Indonesia reducing the top corporate income tax rate. The Philippines made paying taxes less costly for companies DB2010 Philippines by reducing the corporate income tax rate. Brunei Darussalam made paying taxes less costly for DB2010 Brunei Darussalam companies by reducing the corporate income tax rate. Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 74 TRADING ACROSS BORDERS In today’s globalized world, making trade between WHAT THE TRADING ACROSS BORDERS economies easier is increasingly important for INDICATORS MEASURE FOR IMPORT & EXPORT business. Excessive document requirements, burdensome customs procedures, inefficient port Documentary compliance – cost (US$) & time operations and inadequate infrastructure all lead to (hours) extra costs and delays for exporters and importers, stifling trade potential. Obtain, prepare and submit documents: What do the indicators cover? -During transport, clearance, inspections and port or border handling in origin economy Doing Business records the time and cost associated with the logistical process of exporting and -Required by origin, transit and destination economies importing goods. Under the new methodology introduced this year, Doing Business measures the Covers all documents by law and in practice time and cost (excluding tariffs) associated with three Border compliance – cost (US$) & time sets of procedures—documentary compliance, (hours) border compliance and domestic transport—within the overall process of exporting or importing a Customs clearance and inspections shipment of goods. The ranking of economies on the Inspections by other agencies ease of trading across borders is determined by Port or border handling sorting their distance to frontier scores for trading across borders. These scores are the simple average Obtaining, preparing and submitting of the distance to frontier scores for the time and documents during clearance, inspections and port or border handling cost for documentary compliance and border compliance to export and import. Domestic transport* Loading and unloading of shipment To make the data comparable across economies, a few assumptions are made about the traded goods Transport between warehouse and terminal/port and the transactions: Transport between terminal/port and border Time Obtaining, preparing and submitting  Time is measured in hours, and 1 day is 24 documents during domestic transport hours (for example, 22 days are recorded Traffic delays and road police checks while as 22 × 24 = 528 hours). If customs shipment is en route clearance takes 7.5 hours, the data are recorded as is. Alternatively, suppose that * Although Doing Business collects and publishes data on documents are submitted to a customs the time and cost for domestic transport, it does not use agency at 8:00 a.m., are processed these data in calculating the distance to frontier score for overnight and can be picked up at 8:00 trading across borders or the ranking on the ease of trading a.m. the next day. In this case the time for across borders. customs clearance would be recorded as Cost 24 hours because the actual procedure  Insurance cost and informal payments for took 24 hours. which no receipt is issued are excluded from the costs recorded. Costs are reported in U.S. dollars. Contributors are asked to convert local currency into U.S. dollars based on the exchange rate prevailing on the day they answer the questionnaire. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 75 Assumptions of the case study  For each of the 189 economies covered by  Shipping cost based on weight is assumed to Doing Business, it is assumed that a shipment be greater than shipping cost based on travels from a warehouse in the largest business volume. city of the exporting economy to a warehouse  If government fees are determined by the in the largest business city of the importing value of the shipment, the value is assumed economy. For 11 economies the data are also to be $50,000. collected, under the same case study assumptions, for the second largest business  The product is new, not secondhand or used city. merchandise.  The import and export case studies assume  The exporting firm is responsible for hiring different traded products. It is assumed that and paying for a freight forwarder or customs each economy imports a standardized shipment broker (or both) and pays for all costs related of 15 metric tons of containerized auto parts to international shipping, domestic transport, (HS 8708) from its natural import partner—the clearance and mandatory inspections by economy from which it imports the largest value customs and other government agencies, port (price times quantity) of auto parts. It is or border handling, documentary compliance assumed that each economy exports the fees and the like for exports. The importing product of its comparative advantage (defined firm is responsible for the above costs for by the largest export value) to its natural export imports. partner—the economy that is the largest  The mode of transport is the one most widely purchaser of this product. Precious metal and used for the chosen export or import product gems, live animals and pharmaceuticals are and the trading partner, as is the seaport, excluded from the list of possible export airport or land border crossing. products, however, and the second largest product category is considered as needed.  All electronic submissions of information requested by any government agency in  To identify the trading partners and export connection with the shipment are considered product for each economy, Doing Business to be documents obtained, prepared and collected data on trade flows for the most submitted during the export or import recent four-year period from international process. databases such as the United Nations Commodity Trade Statistics Database (UN  A port or border is defined as a place Comtrade). For economies for which trade flow (seaport, airport or land border crossing) data were not available, data from ancillary where merchandise can enter or leave an government sources (various ministries and economy. departments) and World Bank Group country  Government agencies considered relevant offices were used to identify the export product are agencies such as customs, port and natural trading partners. authorities, road police, border guards,  A shipment is a unit of trade. Export shipments standardization agencies, ministries or do not necessarily need to be containerized, departments of agriculture or industry, while import shipments of auto parts are national security agencies and any other assumed to be containerized. government authorities. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 76 TRADING ACROSS BORDERS Where do the region’s economies stand today? How easy it is for businesses in economies in East Asia trading across borders suggest an answer (figure 9.1). and the Pacific (EAP) to export and import goods? The The average ranking of the region and comparator global rankings of these economies on the ease of regions provide a useful benchmark. Figure 9.1 How economies in East Asia and the Pacific (EAP) rank on the ease of trading across borders Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 77 TRADING ACROSS BORDERS The indicators reported here are for trading a shipment and import is collected from local freight forwarders, of goods by the most widely used mode of transport customs brokers and traders. Comparing these indicators (whether sea, land, air or some combination of these). across the region and with averages both for the region The information on the time and cost to complete export and for comparator regions can provide useful insights. Figure 9.2 What it takes to trade across borders in economies in East Asia and the Pacific (EAP) Time to export: Border compliance (hours) Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 78 TRADING ACROSS BORDERS Cost to export: Border compliance (USD) Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 79 TRADING ACROSS BORDERS Time to export: Documentary compliance (hours) Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 80 TRADING ACROSS BORDERS Cost to export: Documentary compliance (USD) Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 81 TRADING ACROSS BORDERS Time to import: Border compliance (hours) Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 82 TRADING ACROSS BORDERS Cost to import: Border compliance (USD) Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 83 TRADING ACROSS BORDERS Time to import: Documentary compliance (hours) Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 84 TRADING ACROSS BORDERS Cost to import: Documentary compliance (USD) Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 85 TRADING ACROSS BORDERS What are the changes over time? In economies around the world, trading across borders systems. These changes help improve their trading as measured by Doing Business has become faster and environment and boost firms’ international easier over the years. Governments have introduced competitiveness. What trade reforms has Doing Business tools to facilitate trade—including single windows, risk- recorded in East Asia and the Pacific (EAP) (table 9.1)? based inspections and electronic data interchange Table 9.1 How have economies in East Asia and the Pacific (EAP) made trading across borders easier—or not? By Doing Business report year DB2011 to DB2016 DB year Economy Reform Vanuatu reduced the border compliance time for importing DB2016 Vanuatu by improving infrastructure at the port of Vila. In Indonesia trading across borders became more difficult DB2015 Indonesia because of insufficient infrastructure at the Tanjung Priok Port Jakarta. This change applies to both Jakarta and Surabaya. Myanmar made trading across borders easier by reducing the DB2015 Myanmar number of documents required for exports and imports. In the Philippines trading across borders became more DB2015 Philippines difficult because of a new city ordinance restricting truck traffic in Manila. Palau made trading across borders easier by improving the DB2015 Palau system for calculating customs duties and thereby reducing customs clearance time. Lao PDR reduced the time to export and import by implementing the ASYCUDA electronic data interchange DB2013 Lao PDR system at at the Thanaleng–Friendship Bridge border crossing. Vanuatu made trading across borders faster by upgrading DB2012 Vanuatu Port-Vila’s wharf infrastructure, which increased the efficiency of port and terminal handling activities. The Philippines reduced the time and cost to trade by DB2011 Philippines improving its electronic customs systems, adding such functions as electronic payments and online submission of Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 86 DB year Economy Reform declarations. Fiji made trading easier by opening customer care service DB2011 Fiji centers and improving customs operations. Indonesia reduced the time to export by launching a single- DB2011 Indonesia window service. The introduction of an electronic customs system in Brunei DB2011 Brunei Darussalam Darussalam made trading easier. Cambodia eliminated preshipment inspections, reducing the DB2011 Cambodia time and number of documents required for importing and exporting. China made trading across borders easier by relaxing trade DB2010 China credit restrictions. Vietnam reduced the time for exporting and importing by implementing World Trade Organization rules for customs DB2010 Vietnam administration; increasing competition in the logistics industry also helped reduce delays. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 87 ENFORCING CONTRACTS Effective commercial dispute resolution has many WHAT THE ENFORCING CONTRACTS benefits. Courts are essential for entrepreneurs INDICATORS MEASURE because they interpret the rules of the market and protect economic rights. Efficient and transparent Time required to enforce a contract through courts encourage new business relationships because the courts (calendar days) businesses know they can rely on the courts if a new customer fails to pay. Speedy trials are essential for Time to file and serve the case small enterprises, which may lack the resources to Time for trial and to obtain the judgment stay in business while awaiting the outcome of a long court dispute. Time to enforce the judgment What do the indicators cover? Cost required to enforce a contract through the courts (% of claim) Doing Business measures the time and cost for resolving a standardized commercial dispute through Attorney fees a local first-instance court. In addition, this year it Court fees introduces a new measure, the quality of judicial Enforcement fees processes index, evaluating whether each economy has adopted a series of good practices that promote Quality of judicial processes index (0-18) quality and efficiency in the court system. This new Court structure and proceedings (0-5) index replaces the indicator on procedures, which was eliminated this year. The ranking of economies Case management (0-6) on the ease of enforcing contracts is determined by Court automation (0-4) sorting their distance to frontier scores. These scores Alternative dispute resolution (0-3) are the simple average of the distance to frontier scores for each of the component indicators The dispute in the case study involves the breach of a  The value of the dispute is 200% of the sales contract between 2 domestic businesses. The income per capita or the equivalent in local case study assumes that the court hears an expert on currency of USD 5,000, whichever is greater. the quality of the goods in dispute. This distinguishes  The seller sues the buyer before the court the case from simple debt enforcement. To make the with jurisdiction over commercial cases worth data comparable across economies, Doing Business 200% of income per capita or $5,000. uses several assumptions about the case:  The seller requests a pretrial attachment to  The dispute concerns a lawful transaction secure the claim. between two businesses (Seller and Buyer), both located in the economy’s largest  The dispute on the quality of the goods business city. For 11 economies the data requires an expert opinion. are also collected for the second largest  The judge decides in favor of the seller; there business city. is no appeal.  The buyer orders custom-made goods,  The seller enforces the judgment through a then fails to pay. public sale of the buyer’s movable assets. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 88 ENFORCING CONTRACTS Where do the region’s economies stand today? How efficient is the process of resolving a commercial economies on the ease of enforcing contracts suggest an dispute through the courts in economies in East Asia and answer (figure 10.1). The average ranking of the region the Pacific (EAP)? The global rankings of these and comparator regions provide a useful benchmark. Figure 10.1 How economies in East Asia and the Pacific (EAP) rank on the ease of enforcing contracts Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 89 ENFORCING CONTRACTS The indicators underlying the rankings may also be judicial processes index (figure 10.2). Comparing these revealing. Data collected by Doing Business show what it indicators across the region and with averages both for takes to enforce a contract through the courts in each the region and for comparator regions can provide economy in the region: the time, the cost and quality of useful insights. Figure 10.2 What it takes to enforce a contract through the courts in economies in East Asia and the Pacific (EAP) Time (days) Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 90 ENFORCING CONTRACTS Cost (% of claim) Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 91 ENFORCING CONTRACTS Quality of Judicial Processes Index (0-18) Source: Doing Business database. Note: Higher values indicate more efficient judicial processes. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 92 ENFORCING CONTRACTS What are the changes over time? Economies in all regions have improved contract reducing backlogs by introducing periodic reviews to enforcement in recent years. A judiciary can be improved clear inactive cases from the docket and by making in different ways. Higher-income economies tend to look procedures faster. What reforms making it easier (or for ways to enhance efficiency by introducing new more difficult) to enforce contracts has Doing Business technology. Lower-income economies often work on recorded in East Asia and the Pacific (EAP) (table 10.1)? Table 10.1 How have economies in East Asia and the Pacific (EAP) made enforcing contracts easier—or not? By Doing Business report year DB2011 to DB2016 DB year Economy Reform Singapore made enforcing contracts easier by introducing a DB2015 Singapore new electronic litigation system that streamlines litigation proceedings. China made enforcing contracts easier by amending its civil DB2014 China procedure code to streamline and speed up all court proceedings. Palau made enforcing contracts easier by introducing an DB2014 Palau electronic filing system for court users. Malaysia continued to improve the computerization of its DB2012 Malaysia courts by introducing a system making it possible to file complaints electronically. Timor-Leste increased court efficiency by training and DB2011 Timor-Leste appointing new judges and passing a new civil procedure code. Reforms implemented in the civil justice system of Hong DB2011 Hong Kong SAR, China Kong SAR (China) will help increase the efficiency and cost- effectiveness of commercial dispute resolution. Malaysia made enforcing contracts easier by increasing court staff, more strictly enforcing deadlines for processing DB2010 Malaysia documents and reorganizing the commercial court to allow swifter disposition of interlocutory matters. Papua New Guinea made enforcing contracts easier by fully DB2010 Papua New Guinea launching the specialized commercial track at the national court. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 93 RESOLVING INSOLVENCY A robust bankruptcy system functions as a filter, WHAT THE RESOLVING INSOLVENCY ensuring the survival of economically efficient companies and reallocating the resources of INDICATORS MEASURE inefficient ones. Fast and cheap insolvency proceedings result in the speedy return of businesses to normal operation and increase returns to Time required to recover debt (years) creditors. By clarifying the expectations of creditors Measured in calendar years and debtors about the outcome of insolvency Appeals and requests for extension are proceedings, well-functioning insolvency systems can included facilitate access to finance, save more viable businesses and sustainably grow the economy. Cost required to recover debt (% of debtor’s estate) What do the indicators cover? Doing Business studies the time, cost and outcome of Measured as percentage of estate value insolvency proceedings involving domestic legal Court fees entities. These variables are used to calculate the Fees of insolvency administrators recovery rate, which is recorded as cents on the dollar recovered by secured creditors through Lawyers’ fees reorganization, liquidation or debt enforcement Assessors’ and auctioneers’ fees (foreclosure or receivership) proceedings. To Other related fees determine the present value of the amount recovered by creditors, Doing Business uses the Outcome lending rates from the International Monetary Fund, Whether business continues operating as a supplemented with data from central banks and the going concern or business assets are sold Economist Intelligence Unit. piecemeal In addition, Doing Business evaluates the adequacy Recovery rate for creditors and integrity of the existing legal framework applicable to liquidation and reorganization Measures the cents on the dollar recovered by proceedings through the strength of insolvency secured creditors framework index. The index tests whether economies Outcome for the business (survival or not) adopted internationally accepted good practices in determines the maximum value that can be four areas: commencement of proceedings, recovered management of debtor’s assets, reorganization Official costs of the insolvency proceedings are proceedings and creditor participation. deducted The ranking of economies on the ease of resolving Depreciation of furniture is taken into account insolvency is determined by sorting their distance to frontier scores for resolving insolvency. These scores Present value of debt recovered are the simple average of the distance to frontier Strength of insolvency framework index (0- scores for the recovery rate and the strength of 16) insolvency framework index. The Resolving Sum of the scores of four component indices: Insolvency indicator does not measure insolvency proceedings of individuals and financial institutions. Commencement of proceedings index (0-3) The data are derived from questionnaire responses Management of debtor’s assets index (0-6) by local insolvency practitioners and verified through a study of laws and regulations as well as public Reorganization proceedings index (0-3) information on bankruptcy systems. Creditor participation index (0-4) Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 94 RESOLVING INSOLVENCY Where do the region’s economies stand today? How efficient are insolvency proceedings in economies in the region and comparator regions provide a useful East Asia and the Pacific (EAP)? The global rankings of benchmark for assessing the efficiency of insolvency these economies on the ease of resolving insolvency proceedings. Speed, low costs and continuation of viable suggest an answer (figure 11.1). The average ranking of businesses characterize the top-performing economies. Figure 11.1 How economies in East Asia and the Pacific (EAP) rank on the ease of resolving insolvency Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 95 RESOLVING INSOLVENCY The indicators underlying the rankings may be more these indicators across the region and with averages revealing. Data collected by Doing Business show the both for the region and for comparator regions can average recovery rate and the average strength of provide useful insights. insolvency framework index (figure 11.2). Comparing Figure 11.2 How efficient is the insolvency process in economies in East Asia and the Pacific (EAP) Recovery Rate (0–100) Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 96 Total Strength of Insolvency Framework index (0-16) Source: Doing Business database. * Indicates a “no practice” mark. See the data notes for details. If an economy has no laws or regulations covering a specific area—for example, insolvency—it receives a “no practice” mark. Similarly, an economy receives a “no practice” or “not possible” mark if regulation exists but is never used in practice or if a competing regulation prohibits such practice. Either way, a “no practice” mark puts the economy at the bottom of the ranking on the relevant indicator. Source: Doing Business database. Note: Higher values indicate insolvency legislation that is better designed for rehabilitating viable firms and liquidating nonviable ones. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 97 RESOLVING INSOLVENCY What are the changes over time? A well-balanced bankruptcy system distinguishes change. Many recent reforms of bankruptcy laws have companies that are financially distressed but been aimed at helping more of the viable businesses economically viable from inefficient companies that survive. What insolvency reforms has Doing Business should be liquidated. But in some insolvency systems recorded in East Asia and the Pacific (EAP) (table 11.1)? even viable businesses are liquidated. This is starting to Table 11.1 How have economies in East Asia and the Pacific (EAP) made resolving insolvency easier—or not? By Doing Business report year DB2011 to DB2016 DB year Economy Reform Vietnam made resolving insolvency easier by clarifying and simplifying provisions on liquidation and reorganization, modifying the standard for commencement of insolvency DB2016 Vietnam proceedings, changing provisions on voidable transactions, regulating the profession of insolvency trustees and establishing the rules for enterprise asset managers. Malaysia established dedicated commercial courts to handle DB2012 Malaysia foreclosure proceedings. The Philippines adopted a new insolvency law that provides a DB2012 Philippines legal framework for liquidation and reorganization of financially distressed companies. The Solomon Islands adopted a new law that simplified DB2012 Solomon Islands insolvency proceedings. Samoa made resolving insolvency easier through a new DB2010 Samoa company act and a law introducing receivership. The Philippines enhanced its insolvency process by promoting reorganization procedures through the DB2010 Philippines introduction of prepackaged reorganizations and by establishing qualification requirements for receivers. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 98 DISTANCE TO FRONTIER AND EASE OF DOING BUSINESS RANKING Doing Business presents results for two aggregate even though it is no longer at the frontier in a measures: the distance to frontier score and the ease of subsequent year. doing business ranking, which is based on the distance For scores such as those on the strength of legal rights to frontier score. The ease of doing business ranking index or the quality of land administration index, the compares economies with one another; the distance to frontier is set at the highest possible value. For the total frontier score benchmarks economies with respect to tax rate, consistent with the use of a threshold in regulatory best practice, showing the absolute distance calculating the rankings on this indicator, the frontier is to the best performance on each Doing Business defined as the total tax rate at the 15th percentile of the indicator. When compared across years, the distance to overall distribution for all years included in the analysis frontier score shows how much the regulatory up to and including Doing Business 2015. For the time to environment for local entrepreneurs in an economy has pay taxes the frontier is defined as the lowest time changed over time in absolute terms, while the ease of recorded among all economies that levy the three major doing business ranking can show only how much the taxes: profit tax, labor taxes and mandatory regulatory environment has changed relative to that in contributions, and value added tax (VAT) or sales tax. For other economies. the different times to trade across borders, the frontier is Distance to Frontier defined as 1 hour even though in many economies the time is less than that. The distance to frontier score captures the gap between an economy’s performance and a measure of best In the same formulation, to mitigate the effects of practice across the entire sample of 36 indicators for 10 extreme outliers in the distributions of the rescaled data Doing Business topics (the labor market regulation for most component indicators (very few economies indicators are excluded). For starting a business, for need 700 days to complete the procedures to start a example, the former Yugoslav Republic of Macedonia business, but many need 9 days), the worst performance and New Zealand have the smallest number of is calculated after the removal of outliers. The definition procedures required (1), and New Zealand the shortest of outliers is based on the distribution for each time to fulfill them (0.5 days). Slovenia has the lowest component indicator. To simplify the process two rules cost (0.0), and Australia, Colombia and 103 other were defined: the 95th percentile is used for the economies have no paid-in minimum capital indicators with the most dispersed distributions requirement (table 14.1 in the Doing Business 2016 (including minimum capital, number of payments to pay report). taxes, and the time and cost indicators), and the 99th percentile is used for number of procedures. No outlier is Calculation of the distance to frontier score removed for component indicators bound by definition Calculating the distance to frontier score for each or construction, including legal index scores (such as the economy involves two main steps. In the first step depth of credit information index, extent of conflict of individual component indicators are normalized to a interest regulation index and strength of insolvency common unit where each of the 36 component framework index) and the recovery rate (figure 14.1). indicators y (except for the total tax rate) is rescaled In the second step for calculating the distance to frontier using the linear transformation (worst − y)/(worst − score, the scores obtained for individual indicators for frontier). In this formulation the frontier represents the each economy are aggregated through simple averaging best performance on the indicator across all economies into one distance to frontier score, first for each topic since 2005 or the third year in which data for the and then across all 10 topics: starting a business, dealing indicator were collected. Both the best performance and with construction permits, getting electricity, registering the worst performance are established every five years property, getting credit, protecting minority investors, based on the Doing Business data for the year in which paying taxes, trading across borders, enforcing contracts they are established, and remain at that level for the five and resolving insolvency. More complex aggregation years regardless of any changes in data in interim years. methods—such as principal components and Thus an economy may set the frontier for an indicator unobserved components—yield a ranking nearly Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 99 identical to the simple average used by Doing Business . than it would have had before (line D is bigger than line 4 Thus Doing Business uses the simplest method: C in figure 14.2 of the Doing Business 2016 report). weighting all topics equally and, within each topic, giving The nonlinear transformation is not based on any equal weight to each of the topic components . 5 economic theory of an “optimal tax rate” that minimizes An economy’s distance to frontier score is indicated on a distortions or maximizes efficiency in an economy’s scale from 0 to 100, where 0 represents the worst overall tax system. Instead, it is mainly empirical in performance and 100 the frontier. All distance to frontier nature. The nonlinear transformation along with the calculations are based on a maximum of five decimals. threshold reduces the bias in the indicator toward However, indicator ranking calculations and the ease of economies that do not need to levy significant taxes on doing business ranking calculations are based on two companies like the Doing Business standardized case decimals. study company because they raise public revenue in other ways—for example, through taxes on foreign The difference between an economy’s distance to companies, through taxes on sectors other than frontier score in any previous year and its score in 2015 manufacturing or from natural resources (all of which are illustrates the extent to which the economy has closed outside the scope of the methodology). In addition, it the gap to the regulatory frontier over time. And in any acknowledges the need of economies to collect taxes given year the score measures how far an economy is from firms. from the best performance at that time. Calculation of scores for economies with 2 cities Treatment of the total tax rate covered The total tax rate component of the paying taxes For each of the 11 economies in which Doing Business indicator set enters the distance to frontier calculation in collects data for the second largest business city as well a different way than any other indicator. The distance to as the largest one, the distance to frontier score is frontier score obtained for the total tax rate is calculated as the population-weighted average of the transformed in a nonlinear fashion before it enters the distance to frontier scores for these two cities (table distance to frontier score for paying taxes. As a result of 13.1). This is done for the aggregate score, the scores for the nonlinear transformation, an increase in the total tax each topic and the scores for all the component rate has a smaller impact on the distance to frontier indicators for each topic. score for the total tax rate—and therefore on the distance to frontier score for paying taxes—for economies with a below-average total tax rate than it would have had before this approach was adopted in Doing Business 2015 (line B is smaller than line A in figure 14.2 of the Doing Business 2016 report). And for economies with an extreme total tax rate (a rate that is very high relative to the average), an increase has a greater impact on both these distance to frontier scores 4 See Djankov, Manraj and others (2005). Principal components and unobserved components methods yield a ranking nearly identical to that from the simple average method because both these methods assign roughly equal weights to the topics, since the pairwise correlations among indicators do not differ much. An alternative to the simple average method is to give different weights to the topics, depending on which are considered of more or less importance in the context of a specific economy. 5 For getting credit, indicators are weighted proportionally, according to their contribution to the total score, with a weight of 60% assigned to the strength of legal rights index and 40% to the depth of credit information index. Indicators for all other topics are assigned equal weights Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 100 Table 13.1 Weights used in calculating the distance to implemented regulatory reforms making it easier to do frontier scores for economies with 2 cities covered business in 3 or more of the 10 topics included in this year’s aggregate distance to frontier score. Changes Economy City Weight (%) making it more difficult to do business are subtracted Dhaka 78 Bangladesh from the total number of those making it easier to do Chittagong 22 São Paulo 61 business. Twenty-four economies meet this criterion: Brazil Armenia; Azerbaijan; Benin; Costa Rica; Côte d’Ivoire; Rio de Janeiro 39 Shanghai 55 Cyprus; Hong Kong SAR, China; Indonesia; Jamaica; China Beijing 45 Kazakhstan; Kenya; Lithuania; Madagascar; Mauritania; Mumbai 47 Morocco; Romania; the Russian Federation; Rwanda; India Delhi 53 Senegal; Togo; Uganda; the United Arab Emirates; Jakarta 78 Uzbekistan; and Vietnam. Second, Doing Business sorts Indonesia Surabaya 22 these economies on the increase in their distance to Tokyo 65 Japan frontier score from the previous year using comparable Osaka 35 data. Mexico City 83 Mexico Monterrey 17 Selecting the economies that implemented regulatory Lagos 77 reforms in at least three topics and had the biggest Nigeria Kano 23 improvements in their distance to frontier scores is Karachi 65 intended to highlight economies with ongoing, broad- Pakistan Lahore 35 based reform programs. The improvement in the Moscow 70 Russian Federation distance to frontier score is used to identify the top St. Petersburg 30 New York 60 improvers because this allows a focus on the absolute United States improvement—in contrast with the relative improvement Los Angeles 40 Source: United Nations, Department of Economic and Social shown by a change in rankings—that economies have Affairs, Population Division, World Urbanization Prospects, made in their regulatory environment for business. 2014 Revision. http://esa.un.org/unpd/wup/CD- ROM/Default.aspx. Ease of Doing Business ranking Economies that improved the most across 3 or more The ease of doing business ranking ranges from 1 to 189. Doing Business topics in 2014/15 The ranking of economies is determined by sorting the Doing Business 2016 uses a simple method to calculate aggregate distance to frontier scores, rounded to 2 decimals. which economies improved the ease of doing business the most. First, it selects the economies that in 2014/15 Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 101 RESOURCES ON THE DOING BUSINESS WEBSITE Current features Law library News on the Doing Business project Online collection of business laws and regulations http://www.doingbusiness.org relating to business http://www.doingbusiness.org/law-library Rankings How economies rank—from 1 to 189 Contributors http://www.doingbusiness.org/rankings More than 11,400 specialists in 189 economies who participate in Doing Business Data http://www.doingbusiness.org/contributors/doing- All the data for 189 economies—topic rankings, business indicator values, lists of regulatory procedures and details underlying indicators Entrepreneurship data http://www.doingbusiness.org/data Data on business density (number of newly registered companies per 1,000 working-age Reports people) for 136 economies Access to Doing Business reports as well as http://www.doingbusiness.org/data/exploretopics/ent subnational and regional reports, case studies and repreneurship customized economy and regional profiles http://www.doingbusiness.org/reports Distance to frontier Data benchmarking 189 economies to the frontier Methodology in regulatory practice and a distance to frontier The methodologies and research papers underlying calculator Doing Business http://www.doingbusiness.org/data/distance-to- http://www.doingbusiness.org/methodology frontier Research Information on good practices Abstracts of papers on Doing Business topics and Showing where the many good practices identified related policy issues by Doing Business have been adopted http://www.doingbusiness.org/research http://www.doingbusiness.org/data/good-practice Doing Business reforms Short summaries of DB2016 business regulation reforms and lists of reforms since DB2008 http://www.doingbusiness.org/reforms Historical data Customized data sets since DB2004 http://www.doingbusiness.org/custom-query Doing Business 2016 EAST ASIA AND THE PACIFIC (EAP) 102