Doing Business 2018 Vanuatu
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Doing Business 2018 Vanuatu Economy Profile of Vanuatu Doing Business 2018 Indicators (in order of appearance in the document) Starting a business Procedures, time, cost and paid-in minimum capital to start a limited liability company Dealing with construction permits Procedures, time and cost to complete all formalities to build a warehouse and the quality control and safety mechanisms in the construction permitting system Getting electricity Procedures, time and cost to get connected to the electrical grid, the reliability of the electricity supply and the transparency of tariffs Registering property Procedures, time and cost to transfer a property and the quality of the land administration system Getting credit Movable collateral laws and credit information systems Protecting minority investors Minority shareholders’ rights in related-party transactions and in corporate governance Paying taxes Payments, time and total tax rate for a firm to comply with all tax regulations as well as post- filing processes Trading across borders Time and cost to export the product of comparative advantage and import auto parts Enforcing contracts Time and cost to resolve a commercial dispute and the quality of judicial processes Resolving insolvency Time, cost, outcome and recovery rate for a commercial insolvency and the strength of the legal framework for insolvency Labor market regulation Flexibility in employment regulation and aspects of job quality Page 2
Doing Business 2018 Vanuatu About Doing Business The Doing Business project provides objective measures of business regulations and their enforcement across 190 economies and selected cities at the subnational and regional level. The Doing Business project, launched in 2002, looks at domestic small and medium-size companies and measures the regulations applying to them through their life cycle. Doing Business captures several important dimensions of the regulatory environment as it applies to local firms. It provides quantitative indicators on regulation for starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts and resolving insolvency. Doing Business also measures features of labor market regulation. Although Doing Business does not present rankings of economies on the labor market regulation indicators or include the topic in the aggregate distance to frontier score or ranking on the ease of doing business, it does present the data for these indicators. By gathering and analyzing comprehensive quantitative data to compare business regulation environments across economies and over time, Doing Business encourages economies to compete towards more efficient regulation; offers measurable benchmarks for reform; and serves as a resource for academics, journalists, private sector researchers and others interested in the business climate of each economy. In addition, Doing Business offers detailed subnational reports, which exhaustively cover business regulation and reform in different cities and regions within a nation. These reports provide data on the ease of doing business, rank each location, and recommend reforms to improve performance in each of the indicator areas. Selected cities can compare their business regulations with other cities in the economy or region and with the 190 economies that Doing Business has ranked. The first Doing Business report, published in 2003, covered 5 indicator sets and 133 economies. This year’s report covers 11 indicator sets and 190 economies. Most indicator sets refer to a case scenario in the largest business city of each economy, except for 11 economies that have a population of more than 100 million as of 2013 (Bangladesh, Brazil, China, India, Indonesia, Japan, Mexico, Nigeria, Pakistan, the Russian Federation and the United States) where Doing Business, also collected data for the second largest business city. The data for these 11 economies are a population-weighted average for the 2 largest business cities. The project has benefited from feedback from governments, academics, practitioners and reviewers. The initial goal remains: to provide an objective basis for understanding and improving the regulatory environment for business around the world. The distance to frontier (DTF) measure shows the distance of each economy to the “frontier,” which represents the best performance observed on each of the indicators across all economies in the Doing Business sample since 2005. An economy’s distance to frontier is reflected on a scale from 0 to 100, where 0 represents the lowest performance and 100 represents the frontier. The ease of doing business ranking ranges from 1 to 190. The ranking of 190 economies is determined by sorting the aggregate distance to frontier scores, rounded to two decimals. More about Doing Business (PDF, 5MB) Page 3
Doing Business 2018 Vanuatu Ease of Doing Business in DB 2018 Rank Region East Asia & Pacific 190 1 Vanuatu Income Category Lower middle income 90 DB 2018 Distance to Frontier (DTF) Population 270,402 0 100 City Covered Port Vila 63.08 DB 2018 Distance to Frontier (DTF) 0 100 63.89: Samoa (Rank: 87) 63.08: Vanuatu (Rank: 90) 62.70: Regional Average (East Asia & Pacific) 51.45: Marshall Islands (Rank: 149) 48.99: Micronesia, Fed. Sts. (Rank: 155) 48.74: Kiribati (Rank: 157) Note: The distance to frontier (DTF) measure shows the distance of each economy to the “frontier,” which represents the best performance observed on each of the indicators across all economies in the Doing Business sample since 2005. An economy’s distance to frontier is reflected on a scale from 0 to 100, where 0 represents the lowest performance and 100 represents the frontier. The ease of doing business ranking ranges from 1 to 190. Rankings on Doing Business topics - Vanuatu 1 29 28 57 55 80 82 86 Rank 96 108 109 128 135 136 143 151 163 190 Starting Dealing Getting Registering Getting Protecting Paying Trading Enforcing Resolving a with Electricity Property Credit Minority Taxes across Contracts Insolvency Business Construction Investors Borders Permits Distance to Frontier (DTF) on Doing Business topics - Vanuatu 100 81.23 80 77.85 75.00 72.01 65.63 57.58 59.13 60 DTF 50.00 49.27 43.04 40 20 0 Starting Dealing Getting Registering Getting Protecting Paying Trading Enforcing Resolving a with Electricity Property Credit Minority Taxes across Contracts Insolvency Business Construction Investors Borders Permits Page 4
Doing Business 2018 Vanuatu Starting a Business This topic measures the paid-in minimum capital requirement, number of procedures, time and cost for a small- to medium-sized limited liability company to start up and formally operate in economy’s largest business city. To make the data comparable across 190 economies, Doing Business uses a standardized business that is 100% domestically owned, has start-up capital equivalent to 10 times income per capita, engages in general industrial or commercial activities and employs between 10 and 50 people one month after the commencement of operations, all of whom are domestic nationals. Starting a Business considers two types of local limited liability companies that are identical in all aspects, except that one company is owned by 5 married women and the other by 5 married men. The distance to frontier score for each indicator is the average of the scores obtained for each of the component indicators. The most recent round of data collection for the project was completed in June 2017. See the methodology for more information. What the indicators measure Case study assumptions Procedures to legally build a warehouse To make the data comparable across economies, several assumptions about the (number) business and the procedures are used. It is assumed that any required information is readily available and that the entrepreneur will pay no bribes. â— Submitting all relevant documents and obtaining all necessary clearances, licenses, permits and The business: certificates â— Submitting all required notifications and receiving - Is a limited liability company (or its legal equivalent). If there is more than one type all necessary inspections of limited liability company in the economy, the most common among domestic firms is chosen. Information on the most common form is obtained from incorporation â— Obtaining utility connections for water and lawyers or the statistical office. sewerage - Operates in the economy’s largest business city and the entire office space is â— Registering and selling the warehouse after its approximately 929 square meters (10,000 square feet). For 11 economies the data completion are also collected for the second largest business city. - Is 100% domestically owned and has five owners, none of whom is a legal entity; Time required to complete each procedure and has a start-up capital of 10 times income per capita and has a turnover of at (calendar days) least 100 times income per capita. â— Does not include time spent gathering information - Performs general industrial or commercial activities, such as the production or sale â— Each procedure starts on a separate day (2 of goods or services to the public. The business does not perform foreign trade procedures cannot start on the same day) activities and does not handle products subject to a special tax regime, for example, liquor or tobacco. It does not use heavily polluting production processes. â— Procedures fully completed online are recorded - Leases the commercial plant or offices and is not a proprietor of real estate and the as ½ day amount of the annual lease for the office space is equivalent to 1 times income per â— Procedure is considered completed once final capita. document is received - Does not qualify for investment incentives or any special benefits. â— No prior contact with officials - Has at least 10 and up to 50 employees one month after the commencement of operations, all of whom are domestic nationals. Cost required to complete each procedure (% of - Has a company deed 10 pages long. income per capita) The owners: â— Official costs only, no bribes â— No professional fees unless services required by - Have reached the legal age of majority. If there is no legal age of majority, they are law or commonly used in practice assumed to be 30 years old. - Are sane, competent, in good health and have no criminal record. Paid-in minimum capital (% of income per capita - Are married and the marriage is monogamous and registered with the authorities. â— Funds deposited in a bank or with third party - Where the answer differs according to the legal system applicable to the woman or before registration or up to 3 months after man in question (as may be the case in economies where there is legal plurality), the incorporation answer used will be the one that applies to the majority of the population. Page 5
Doing Business 2018 Vanuatu Starting a Business - Vanuatu Standardized Company Legal form Private Limited Liability Company Paid-in minimum capital requirement VUV 0 City Covered Port Vila Indicator Vanuatu East Asia & OECD high Overall Best Pacific income Performer Procedure – Men (number) 7 7.0 4.9 1.00 (New Zealand) Time – Men (days) 18 22.7 8.5 0.50 (New Zealand) Cost – Men (% of income per capita) 44.4 18.4 3.1 0.00 (United Kingdom) Procedure – Women (number) 7 7.0 4.9 1.00 (New Zealand) Time – Women (days) 18 22.8 8.5 0.50 (New Zealand) Cost – Women (% of income per capita) 44.4 18.4 3.1 0.00 (United Kingdom) Paid-in min. capital (% of income per capita) 0.0 15.1 8.7 0.00 (113 Economies) Figure – Starting a Business in Vanuatu and comparator economies – Ranking and DTF DB 2018 Distance to Frontier (DTF) 0 100 92.54: Samoa (Rank: 33) 88.49: Marshall Islands (Rank: 72) 82.32: Regional Average (East Asia & Pacific) 81.23: Vanuatu (Rank: 128) 77.47: Kiribati (Rank: 147) 69.56: Micronesia, Fed. Sts. (Rank: 170) Note: The ranking of economies on the ease of starting a business is determined by sorting their distance to frontier scores for starting a business. These scores are the simple average of the distance to frontier scores for each of the component indicators. Page 6
Doing Business 2018 Vanuatu Figure – Starting a Business in Vanuatu – Procedure, Time and Cost Time (days) Cost (% of income per capita) 18 35 16 30 Cost (% of income per capita) 14 25 12 Time (days) 10 20 8 15 6 10 4 5 2 0 0 1 2 3 *4 5 *6 7 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Page 7
Doing Business 2018 Vanuatu Details – Starting a Business in Vanuatu – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Check the uniqueness of the company name 1 day no charge Agency : Vanuatu Financial Services Commission This service is not automated and cannot be completed on the spot. A form must be completed and faxed to the VFSC – this form is usually available at the lawyer’s office or can be downloaded from http://www.vfsc.vu/steps.html. At least three alternatives must be provided and the VFSC will return the form providing information on their availability. There is no charge for this service and it takes only 1 day to complete this process. In addition to checking the name (as recorded by the Starting a business indicator), it is possible to reserve the name, which costs VUV 2,000. Reserving the name is a good practice but not required and not done systematically. 2 Apply for incorporation at the VFSCU 4 days VUV 35,000 for in Agency : Vanuatu Financial Services Commission person filing and VUV Pursuant to Official Gazette No. 75 of 2015 (dated 31 August 2015), it is now possible to 30,000 for online register a company online. A company can conduct all steps online, and also has the applications. option to choose model rules, to avoid having to use legal services to draft their own rules. The application is filled out online, and reviewed by officers online. Fees can be paid through an online payment processing system. The certificate of incorporation is delivered by email on confirmation of incorporation. However, most applications for incorporation are filed in person. Online applications cost VUR 30,000 and in person, 35,000 3 Apply for a business license from the Department of Customs and Inland 1 day VUV 20,000 to Revenue services 1,000,000 (VUV Agency : Department of Customs and Inland Revenue Services 100,000 in case of a An incorporated company is not entitled to begin operating until it has obtained a turnover between business license from the Department of Customs and Inland Revenue Services. It may VUV 20,000,000 and take 2–3 weeks to obtain such a license. VUV 30,000,000). Business license certificates are issued by the Rates and Taxes Authority. The fee varies by type and size of business, as shown below for 2006. Fee schedule: • < VUV 4million(annual turnover): No charge • > VUV 4 Million to 10 Million (annual turnover): VUV 20 thousand (fee) • > VUV 10 Million to 20 Million (annual turnover): VUV 50 thousand (fee) • > VUV 20 Million to 50 Million (annual turnover): VUV100 thousand (fee) • > VUV 50 Million to 100 Million (annual turnover): VUV 250 thousand (fee) • > VUV 100 Million to 200 Million (annual turnover): VUV 500 thousand (fee) • > VUV 200 Million />(annual turnover): VUV 1 Million(fee) 4 Register with the VAT office 3 days, no charge Agency : Department of Customs and Inland Revenue Services simultaneous with A company must register with the value added tax (VAT) office if it anticipates turnover procedure 4 of at least VUV 4 million per year. 5 Register as an employer with the National Provident Fund 1 week no charge Agency : National Provident Fund All employees from the age of 14 – 55 must join the fund. 50% of the monthly contribution (understand gross salary) is paid by the employer and 50% by the employee. This is for the retirement benefits of the employees. Under the law, an employer must register with this fund 7 days after incorporation of the business (or 7 days as soon as the first employee is recruited). Payment of contribution is made directly at the National Provident Fund. 6 Enroll employees in the work accident insurance 3 days, no charge Agency : Any insurance fund simultaneous with All employers are required to insure their employees against workplace accidents. previous procedure 7 Make a company seal 3 days VUV 3,000 Agency : Sealmaker By law, a company must have a seal – a mean to authenticate its documents Takes place simultaneously with previous procedure. Page 8
Doing Business 2018 Vanuatu Dealing with Construction Permits This topic tracks the procedures, time and cost to build a warehouse—including obtaining necessary the licenses and permits, submitting all required notifications, requesting and receiving all necessary inspections and obtaining utility connections. In addition, the Dealing with Construction Permits indicator measures the building quality control index, evaluating the quality of building regulations, the strength of quality control and safety mechanisms, liability and insurance regimes, and professional certification requirements. The most recent round of data collection was completed in June 2017. See the methodology for more information What the indicators measure Case study assumptions Procedures to legally build a warehouse To make the data comparable across economies, several assumptions about the (number) construction company, the warehouse project and the utility connections are used. â— Submitting all relevant documents and obtaining The construction company (BuildCo): all necessary clearances, licenses, permits and certificates - Is a limited liability company (or its legal equivalent) and operates in the economy’s â— Submitting all required notifications and receiving largest business city. For 11 economies the data are also collected for the second all necessary inspections largest business city. - Is 100% domestically and privately owned; has five owners, none of whom is a â— Obtaining utility connections for water and legal entity. Has a licensed architect and a licensed engineer, both registered with sewerage the local association of architects or engineers. BuildCo is not assumed to have any â— Registering and selling the warehouse after its other employees who are technical or licensed experts, such as geological or completion topographical experts. - Owns the land on which the warehouse will be built and will sell the warehouse Time required to complete each procedure upon its completion. (calendar days) â— Does not include time spent gathering information The warehouse: â— Each procedure starts on a separate day— - Will be used for general storage activities, such as storage of books or stationery. though procedures that can be fully completed - Will have two stories, both above ground, with a total constructed area of online are an exception to this rule approximately 1,300.6 square meters (14,000 square feet). Each floor will be 3 â— Procedure is considered completed once final meters (9 feet, 10 inches) high and will be located on a land plot of approximately document is received 929 square meters (10,000 square feet) that is 100% owned by BuildCo, and the warehouse is valued at 50 times income per capita. â— No prior contact with officials - Will have complete architectural and technical plans prepared by a licensed Cost required to complete each procedure (% of architect. If preparation of the plans requires such steps as obtaining further income per capita) documentation or getting prior approvals from external agencies, these are counted as procedures. â— Official costs only, no bribes - Will take 30 weeks to construct (excluding all delays due to administrative and regulatory requirements). Building quality control index (0-15) â— Sum of the scores of six component indices: The water and sewerage connections: â— Quality of building regulations (0-2) - Will be 150 meters (492 feet) from the existing water source and sewer tap. If there â— Quality control before construction (0-1) is no water delivery infrastructure in the economy, a borehole will be dug. If there is no sewerage infrastructure, a septic tank in the smallest size available will be â— Quality control during construction (0-3) installed or built. â— Quality control after construction (0-3) - Will have an average water use of 662 liters (175 gallons) a day and an average â— Liability and insurance regimes (0-2) wastewater flow of 568 liters (150 gallons) a day. Will have a peak water use of â— Professional certifications (0-4) 1,325 liters (350 gallons) a day and a peak wastewater flow of 1,136 liters (300 gallons) a day. - Will have a constant level of water demand and wastewater flow throughout the year; will be 1 inch in diameter for the water connection and 4 inches in diameter for the sewerage connection. Page 9
Doing Business 2018 Vanuatu Dealing with Construction Permits - Vanuatu Standardized Company Estimated value of warehouse VUV 15,550,316.90 City Covered Port Vila Indicator Vanuatu East Asia & OECD high Overall Best Pacific income Performer Procedures (number) 14 15.2 12.5 7.00 (Denmark) Time (days) 124 138.2 154.6 27.5 (Korea, Rep.) Cost (% of warehouse value) 7.8 2.2 1.6 0.10 (5 Economies) Building quality control index (0-15) 5.0 8.9 11.4 15.00 (3 Economies) Figure – Dealing with Construction Permits in Vanuatu and comparator economies – Ranking and DTF DB 2018 Distance to Frontier (DTF) 0 100 70.93: Marshall Islands (Rank: 71) 69.60: Regional Average (East Asia & Pacific) 68.68: Samoa (Rank: 83) 65.72: Kiribati (Rank: 111) 61.05: Micronesia, Fed. Sts. (Rank: 137) 57.58: Vanuatu (Rank: 151) Note: The ranking of economies on the ease of dealing with construction permits is determined by sorting their distance to frontier scores for dealing with construction permits. These scores are the simple average of the distance to frontier scores for each of the component indicators. Figure – Dealing with Construction Permits in Vanuatu – Procedure, Time and Cost Time (days) Cost (% of income per capita) 8 120 7 Cost (% of income per capita) 100 6 80 Time (days) 5 60 4 3 40 2 20 1 0 0 1 2 3 *4 *5 *6 *7 8 9 10 11 12 13 14 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Page 10
Doing Business 2018 Vanuatu Figure – Dealing with Construction Permits in Vanuatu and comparator economies – Measure of Quality 15 Index score 10 8.9 6.0 6.0 5.0 5 1.0 0.0 0 Vanuatu Kiribati Marshall Islands Micronesia, Fed. Sts. Samoa East Asia & Pacific Details – Dealing with Construction Permits in Vanuatu – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Request and obtain preliminary environmental assessment 15 days VUV 20,000 Agency : Department of Environmental Protection & Conservation (DEPC) According to the Law on Environment published in the Official Gazette on August 13, 2011, it is mandatory to obtain a preliminary environmental impact assessment (EIA) conducted by the Department of Environmental Protection & Conservation (DEPC). If no full EIA is required, an approval may be granted with conditions. This is a requirement prior to having all other departments involved in clearing the permit application. 2 Request building permit and pay application fee 1 day VUV 10,000 Agency : Town Planning and Building Division BuildCo must submit the plans and specifications along with a copy of the lease title (as urban land in Vanuatu belongs to the government). During this process, the approval from 5 departments will be needed: • Public Works Department • Department of Land, Survey and Registry • Geology and Mines Department • Fire Department • Physical Planning Department -- located in the Municipality The following documents must be submitted to these agencies: • Floor plan • Elevation plan • Cross section plan • Detail plan of ring beam and roof structure – details of next floor must also be provided since this building has one ground floor and 1 level • Services layout plan (electricity, plumbing lines, power point) • Septic tank Plan • Site plan • Location plan • Copy of survey plan • Copy of front page of lease document The application fee is a fixed fee of VUV 10,000.00. 3 Obtain approval from the Public Works Department 5 days no charge Agency : Public Works Department This is the office that would verify the safety of the building. Plans are checked. 4 Obtain approval from the Department of Land, Survey and Registry 3 days no charge Agency : Department of Land, Survey & Registry This office will check that the land lease fees have paid and that the lease type and location are accurate. 5 Obtain approval from the Geology and Mines Department 2 days no charge Agency : Geology and Mines Department This office will check whether the soil is suitable for construction based solely on the location of the intended building. 6 Obtain approval from the Fire Department 1 day no charge Agency : Fire Department This office will check the fire safety requirements of the building. 7 Obtain approval from the Physical Planning Department 2 days no charge Agency : Physical Planning department Page 11
Doing Business 2018 Vanuatu 8 Pay building permit fee and obtain building permit 90 days VUV 1,138,025 Agency : Town Planning and Building Division Payment for the construction permit itself is made when the Town Council has approved the permit. The Town Council will meet only if there are more than 10 applications for approval. The fee for a construction permit is VUV 875.00 per sq. m. for commercial or industrial constructions. 9 Notify the Town Planning and Building Division of commencement of work 1 day no charge Agency : Town Planning and Building Division According to Article 14, Section 4 of the Building Act 2013, BuildCo must notify the Town Planning and Building Division about the intended commencement of work 7 days before starting construction. 10 Request and receive inspection for excavation for a foundation 1 day no charge Agency : Town Planning and Building Division According to Article 14, Section 4 (b) (i) of the BuildingAct 2013, the builder or his representative must notify the Town Planning and Building Division 7 days before the intended covering up of the excavation for foundation. 11 Request and obtain connection to water services from UNELCO 7 days VUV 25,000 Agency : UNELCO Vanuatu Ltd. UNELCO is the sole provider of water and electricity and all requests for connection must be made in person. 12 Request certificate of completion from Town Planning and Building 1 day VUV 13,000 Division (Port Vila Municipality) Agency : Town Planning and Building Division 13 Receive inspection from Town Planning and Building Division (Port Vila 1 day no charge Municipality) Agency : Town Planning and Building Division The Town Planning Unit, Port Vila Municipality would issue a certificate of completion upon performing an inspection. A VUV 13,000.00 fee must be paid for this certificate. 14 Obtain completion certificate 1 day no charge Agency : Town Planning and Building Division Takes place simultaneously with previous procedure. Page 12
Doing Business 2018 Vanuatu Details – Dealing with Construction Permits in Vanuatu – Measure of Quality Answer Score Building quality control index (0-15) 5.0 Quality of building regulations index (0-2) 1.0 How accessible are building laws and regulations in your economy? (0-1) They must be 0.0 purchased; Not easily accessible. Which requirements for obtaining a building permit are clearly specified in the building List of required 1.0 regulations or on any accessible website, brochure or pamphlet? (0-1) documents; Fees to be paid; Required preapprovals. Quality control before construction index (0-1) 0.0 Which third-party entities are required by law to verify that the building plans are in By law, there is 0.0 compliance with existing building regulations? (0-1) no need to verify plans compliance; Civil servant reviews plans. Quality control during construction index (0-3) 1.0 What types of inspections (if any) are required by law to be carried out during construction? Inspections at 1.0 (0-2) various phases. Do legally mandated inspections occur in practice during construction? (0-1) Mandatory 0.0 inspections are not always done in practice during construction. Quality control after construction index (0-3) 3.0 Is there a final inspection required by law to verify that the building was built in accordance Yes, final 2.0 with the approved plans and regulations? (0-2) inspection is done by government agency. Do legally mandated final inspections occur in practice? (0-1) Final inspection 1.0 always occurs in practice. Liability and insurance regimes index (0-2) 0.0 Which parties (if any) are held liable by law for structural flaws or problems in the building No party is held 0.0 once it is in use (Latent Defect Liability or Decennial Liability)? (0-1) liable under the law. Which parties (if any) are required by law to obtain an insurance policy to cover possible No party is 0.0 structural flaws or problems in the building once it is in use (Latent Defect Liability Insurance required by law or Decennial Insurance)? (0-1) to obtain insurance . Professional certifications index (0-4) 0.0 What are the qualification requirements for the professional responsible for verifying that the There are no 0.0 architectural plans or drawings are in compliance with existing building regulations? (0-2) specific requirements. What are the qualification requirements for the professional who supervises the construction There are no 0.0 on the ground? (0-2) specific requirements. Page 13
Doing Business 2018 Vanuatu Getting Electricity This topic measures the procedures, time and cost required for a business to obtain a permanent electricity connection for a newly constructed warehouse. Additionally, the reliability of supply and transparency of tariffs index measures reliability of supply, transparency of tariffs and the price of electricity. The most recent round of data collection for the project was completed in June 2017. See the methodology for more information. What the indicators measure Case study assumptions Procedures to obtain an electricity connection To make the data comparable across economies, several assumptions about the (number) construction company, the warehouse project and the utility connections are used. â— Submitting all relevant documents and obtaining The construction company (BuildCo): all necessary clearances and permits â— Completing all required notifications and - Is a limited liability company (or its legal equivalent) and operates in the economy’s receiving all necessary inspections largest business city. For 11 economies the data are also collected for the second largest business city. â— Obtaining external installation works and possibly - Is 100% domestically and privately owned; has five owners, none of whom is a purchasing material for these works legal entity. Has a licensed architect and a licensed engineer, both registered with â— Concluding any necessary supply contract and the local association of architects or engineers. BuildCo is not assumed to have any obtaining final supply other employees who are technical or licensed experts, such as geological or topographical experts. Time required to complete each procedure - Owns the land on which the warehouse will be built and will sell the warehouse (calendar days) upon its completion. â— Is at least 1 calendar day The warehouse: â— Each procedure starts on a separate day â— Does not include time spent gathering information - Will be used for general storage activities, such as storage of books or stationery. - Will have two stories, both above ground, with a total constructed area of â— Reflects the time spent in practice, with little approximately 1,300.6 square meters (14,000 square feet). Each floor will be 3 follow-up and no prior contact with officials meters (9 feet, 10 inches) high and will be located on a land plot of approximately Cost required to complete each procedure (% of 929 square meters (10,000 square feet) that is 100% owned by BuildCo, and the income per capita) warehouse is valued at 50 times income per capita. - Will have complete architectural and technical plans prepared by a licensed â— Official costs only, no bribes architect. If preparation of the plans requires such steps as obtaining further â— Value added tax excluded documentation or getting prior approvals from external agencies, these are counted as procedures. The reliability of supply and transparency of - Will take 30 weeks to construct (excluding all delays due to administrative and tariffs index (0-8) regulatory requirements). â— Duration and frequency of power outages (0–3) The water and sewerage connections: â— Tools to monitor power outages (0–1) - Will be 150 meters (492 feet) from the existing water source and sewer tap. If there â— Tools to restore power supply (0–1) is no water delivery infrastructure in the economy, a borehole will be dug. If there is â— Regulatory monitoring of utilities’ performance no sewerage infrastructure, a septic tank in the smallest size available will be (0–1) installed or built. â— Financial deterrents limiting outages (0–1) - Will have an average water use of 662 liters (175 gallons) a day and an average wastewater flow of 568 liters (150 gallons) a day. Will have a peak water use of â— Transparency and accessibility of tariffs (0–1) 1,325 liters (350 gallons) a day and a peak wastewater flow of 1,136 liters (300 Price of electricity (cents per kilowatt-hour)* gallons) a day. - Will have a constant level of water demand and wastewater flow throughout the â— Price based on monthly bill for commercial year; will be 1 inch in diameter for the water connection and 4 inches in diameter for warehouse in case study the sewerage connection. *Note: Doing Business measures the price of electricity, but it is not included in the distance to frontier score nor the ranking on the ease of getting electricity. Page 14
Doing Business 2018 Vanuatu Getting Electricity - Vanuatu Standardized Company Price of electricity (US cents per kWh) 35.1 Name of utility Unelco City Covered Port Vila Indicator Vanuatu East Asia & OECD high Overall Best Pacific income Performer Procedures (number) 4 4.5 4.7 2 (United Arab Emirates) Time (days) 120 71.6 79.1 10 (United Arab Emirates) Cost (% of income per capita) 1090.4 712.0 63.0 0.00 (Japan) Reliability of supply and transparency of tariff 5 3.7 7.4 8.00 (28 Economies) index (0-8) Figure – Getting Electricity in Vanuatu and comparator economies – Ranking and DTF DB 2018 Distance to Frontier (DTF) 0 100 79.70: Samoa (Rank: 60) 72.23: Regional Average (East Asia & Pacific) 72.01: Vanuatu (Rank: 86) 64.48: Micronesia, Fed. Sts. (Rank: 109) 59.26: Marshall Islands (Rank: 126) 41.50: Kiribati (Rank: 168) Note: The ranking of economies on the ease of getting electricity is determined by sorting their distance to frontier scores for getting electricity. These scores are the simple average of the distance to frontier scores for each of the component indicators. Page 15
Doing Business 2018 Vanuatu Figure – Getting Electricity in Vanuatu – Procedure, Time and Cost Time (days) Cost (% of income per capita) 120 1200 Cost (% of income per capita) 100 1000 80 800 Time (days) 60 600 40 400 20 200 0 0 1 *2 3 *4 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Figure – Getting Electricity in Vanuatu and comparator economies – Measure of Quality 8 7 6 Index score 5 5 4 4 3.7 3 2 1 0 0 0 0 Vanuatu Kiribati Marshall Islands Micronesia, Fed. Sts. Samoa East Asia & Pacific Page 16
Doing Business 2018 Vanuatu Details – Getting Electricity in Vanuatu – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Submit application to Unelco and await estimate 30 calendar days USD 0 Agency : Unelco The application for connection can be submitted in person or by mail and the following documents should be attached to the application: 1) Land tile showing all cadastral limits (Electronic version georeferenced). The land title must show clearly that the applicant is the owner. The land in question must also show evidence of roads or easement up to the existing electricity grid. 2) Calculation of Power requirement 3) Building plan showing service point The utility is in charge of designing the details of the external connection works. It is also in charge of designing the details of the external connection works. 2 Receive external site inspection by Unelco for preparing technical study 1 calendar day USD 0 Agency : Unelco Unelco visits the site for a technical study after the application for connection is submitted. Someone from the applicant’s party has to be present during the inspection. 3 Await completion of external works by Unelco 90 calendar days VUV 3,244,444.44 Agency : Unelco 4 Sign supply contract and pay security deposit for electricity to flow 30 calendar days VUV 146,889.52 Agency : Unelco The customer has to sign a supply contract right after the commissioning of the works and before electricity starts flowing. When the customer signs a supply contract he/she has to pay a deposit. The security deposit is based on load the customer is subscribing to. There is no interest paid on the security deposit and it is returned at the end of the contract. Takes place simultaneously with previous procedure. Page 17
Doing Business 2018 Vanuatu Details – Getting Electricity in Vanuatu – Measure of Quality Answer Reliability of supply and transparency of tariff index (0-8) 5 Total duration and frequency of outages per customer a year (0-3) 1 System average interruption duration index (SAIDI) 6.0 System average interruption frequency index (SAIFI) 6.2 What is the minimum outage time (in minutes) that the utility considers for the calculation of SAIDI/SAIFI 3.0 Mechanisms for monitoring outages (0-1) 1 Does the distribution utility use automated tools to monitor outages? Yes Mechanisms for restoring service (0-1) 1 Does the distribution utility use automated tools to restore service? Yes Regulatory monitoring (0-1) 1 Does a regulator—that is, an entity separate from the utility—monitor the utility’s performance on reliability of Yes supply? Financial deterrents aimed at limiting outages (0-1) 1 Does the utility either pay compensation to customers or face fines by the regulator (or both) if outages Yes exceed a certain cap? Communication of tariffs and tariff changes (0-1) 0 Are effective tariffs available online? Yes Link to the website, if available online http://www.ura.gov.vu /index.php? option=com_content &view=article&id=68 &Itemid=98&lang=en Are customers notified of a change in tariff ahead of the billing cycle? No Note: If the duration and frequency of outages is 100 or less, the economy is eligible to score on the Reliability of supply and transparency of tariff index. If the duration and frequency of outages is not available, or is over 100, the economy is not eligible to score on the index. If the minimum outage time considered for SAIDI/SAIFI is over 5 minutes, the economy is not eligible to score on the index. Page 18
Doing Business 2018 Vanuatu Registering Property This topic examines the steps, time and cost involved in registering property, assuming a standardized case of an entrepreneur who wants to purchase land and a building that is already registered and free of title dispute. In addition, the topic also measures the quality of the land administration system in each economy. The quality of land administration index has five dimensions: reliability of infrastructure, transparency of information, geographic coverage, land dispute resolution, and equal access to property rights. The most recent round of data collection for the project was completed in June 2017.See the methodology for more information. What the indicators measure Case study assumptions Procedures to legally transfer title on To make the data comparable across economies, several assumptions about the immovable property (number) parties to the transaction, the property and the procedures are used. â— Preregistration procedures (for example, The parties (buyer and seller): checking for liens, notarizing sales agreement, paying property transfer taxes) - Are limited liability companies (or the legal equivalent). â— Registration procedures in the economy's largest - Are located in the periurban area of the economy’s largest business city. For 11 business citya. economies the data are also collected for the second largest business city. - Are 100% domestically and privately owned. â— Postregistration procedures (for example, filling - Have 50 employees each, all of whom are nationals. title with municipality) - Perform general commercial activities. Time required to complete each procedure The property (fully owned by the seller): (calendar days) - Has a value of 50 times income per capita, which equals the sale price. â— Does not include time spent gathering information - Is fully owned by the seller. â— Each procedure starts on a separate day - though - Has no mortgages attached and has been under the same ownership for the past procedures that can be fully completed online are 10 years. an exception to this rule - Is registered in the land registry or cadastre, or both, and is free of title disputes. â— Procedure is considered completed once final - Is located in a periurban commercial zone, and no rezoning is required. document is received - Consists of land and a building. The land area is 557.4 square meters (6,000 â— No prior contact with officials square feet). A two-story warehouse of 929 square meters (10,000 square feet) is located on the land. The warehouse is 10 years old, is in good condition, has no Cost required to complete each procedure (% of heating system and complies with all safety standards, building codes and legal property value) requirements. The property, consisting of land and building, will be transferred in its â— Official costs only (such as administrative fees, entirety. duties and taxes). - Will not be subject to renovations or additional construction following the purchase. - Has no trees, natural water sources, natural reserves or historical monuments of â— Value Added Tax, Capital Gains Tax and illicit any kind. payments are excluded - Will not be used for special purposes, and no special permits, such as for Quality of land administration index (0-30) residential use, industrial plants, waste storage or certain types of agricultural activities, are required. â— Reliability of infrastructure index (0-8) - Has no occupants, and no other party holds a legal interest in it. â— Transparency of information index (0–6) â— Geographic coverage index (0–8) â— Land dispute resolution index (0–8) â— Equal access to property rights index (-2–0) Page 19
Doing Business 2018 Vanuatu Registering Property - Vanuatu Standardized Company Property value VUV 15,550,316.90 City Covered Port Vila Indicator Vanuatu East Asia & OECD high Overall Best Pacific income Performer Procedures (number) 4 5.5 4.6 1.00 (4 Economies) Time (days) 58 74.5 22.3 1.00 (3 Economies) Cost (% of property value) 7.0 4.3 4.2 0.00 (5 Economies) Quality of the land administration index (0-30) 18.5 15.8 22.7 29.00 (Singapore) Figure – Registering Property in Vanuatu and comparator economies – Ranking and DTF DB 2018 Distance to Frontier (DTF) 0 100 69.51: Samoa (Rank: 66) 65.63: Vanuatu (Rank: 80) 57.21: Regional Average (East Asia & Pacific) 49.12: Kiribati (Rank: 146) 0.00: Micronesia, Fed. Sts. (Rank: 187) 0.00: Marshall Islands (Rank: 187) Note: The ranking of economies on the ease of registering property is determined by sorting their distance to frontier scores for registering property. These scores are the simple average of the distance to frontier scores for each of the component indicators. Figure – Registering Property in Vanuatu – Procedure, Time and Cost Time (days) Cost (% of income per capita) 6 50 Cost (% of income per capita) 5 40 4 Time (days) 30 3 20 2 10 1 0 0 1 *2 3 4 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Page 20
Doing Business 2018 Vanuatu Figure – Registering Property in Vanuatu and comparator economies – Measure of Quality 30 25 Index score 18.5 20 15.8 15 13.0 10 9.0 5 0 no practice no practice Vanuatu Kiribati Marshall Islands Micronesia, Fed. Sts. Samoa East Asia & Pacific Details – Registering Property in Vanuatu – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Payment of stamp duty at the Vanuatu Financial Services Commission 1-14 days 2% stamp duty on the Agency : Vanuatu Financial Services Commission value of the lease Transfer of a lease is done by mean of an instrument in the prescribed form. The seller, (stamp duty) must provide warranty that there are no outstanding payment (such as the ren). The buyer should provide warranty that he/she will pay the rent and other obligations. After the agreement is executed by the parties, with no need to engage the services of a lawyer, the stamp duty must be paid. The stamp duty is paid at the Vanuatu Financial Services Commission. The Controller of Stamp Duties may take from one to 14 days to stamp the document. It depends on what type of lease documents are submitted to that Office. The Controller of Stamp Duty may require further details from the parties to assist that office to assess duty. In cases when a lease is transferred, before the parties may execute a transfer, the vendor (registered proprietor of the registered Lease) must have ready to hand to the purchaser a consent granted by the lessor (either the Government or custom owners as the case may be) agreeing to such transfer of the interests comprised in the lease. The stamp duties act establishes stamp duty at 2% of property value. The 2007 amendment reduced it from 5 to 2%. 2 Check for encumbrances 1 day (simultaneous VT 1,000 Agency : Department of Lands Records with Procedure 1) It is usually the buyer who will request that a search is done on the property. The checking is done before so that the discharge of mortgage can be done prior to the registration. 3 Obtain Ministerial consent to transfer the lease 3 weeks VT 3375 Agency : Lands Department According to the law, it is mandatory to request the consent of the Minister of lands to transfer a property, if the property is located in an urban area. In practice, there is a sale agreement between the parties and there is no need to hire a lawyer, or a real estate agent. All relevant documents are provided at the land registry. The land department will verify that all taxes are paid. The State Law office will provide its legal advice on the documents to the Minister. The consent is picked up at the department of lands and surveys. Once consent is granted (and all encumbrances cleared – see following Procedure), ownership is transferred and payment to the seller is made. 4 Apply for and obtain registration of the deed of transfer at the Department 30 days 5% registration fee on of Lands Records the value of the lease Agency : Department of Lands Records (registration fee) When the consent to transfer is granted, the documents are filed at the Department of Lands Records where payment of the registration fees is made. The fee is established in the Land lease act. The amendment of 2004 increased it from 2 to 6% and the amendment of 2006 decreased it from 6 to 5%. The Department of Lands Records is computerized and this has significantly reduced the time it takes to process new requests. When a company is involved, the memorandum and articles of association as well as the certificate of incorporation must be provided at registration. Takes place simultaneously with previous procedure. Page 21
Doing Business 2018 Vanuatu Details – Registering Property in Vanuatu – Measure of Quality Answer Score Quality of the land administration index (0-30) 18.5 Reliability of infrastructure index (0-8) 6.0 What is the institution in charge of immovable property registration? Department of Lands Records In what format are the majority of title or deed records kept in the largest business city—in a Computer/Scann 1.0 paper format or in a computerized format (scanned or fully digital)? ed Is there an electronic database for checking for encumbrances (liens, mortgages, restrictions Yes 1.0 and the like)? Institution in charge of the plans showing legal boundaries in the largest business city: Land Survey and Mapping department of the Ministry of Land and Natural Resources In what format are the majority of maps of land plots kept in the largest business city—in a Computer/Scann 1.0 paper format or in a computerized format (scanned or fully digital)? ed Is there an electronic database for recording boundaries, checking plans and providing Yes 1.0 cadastral information (geographic information system)? Is the information recorded by the immovable property registration agency and the cadastral Different 1.0 or mapping agency kept in a single database, in different but linked databases or in separate databases but databases? linked Do the immovable property registration agency and cadastral or mapping agency use the Yes 1.0 same identification number for properties? Transparency of information index (0–6) 4.5 Who is able to obtain information on land ownership at the agency in charge of immovable Anyone who 1.0 property registration in the largest business city? pays the official fee Is the list of documents that are required to complete any type of property transaction made Yes, online 0.5 publicly available–and if so, how? Link for online access: http://mol.gov.vu/i ndex.php/en/land -survey-3/256- land-registration- checklist Is the applicable fee schedule for any property transaction at the agency in charge of Yes, online 0.5 immovable property registration in the largest business city made publicly available–and if so, how? Link for online access: http://mol.gov.vu/i ndex.php/en/land -survey-3/255- registration-fees Does the agency in charge of immovable property registration commit to delivering a legally No 0.0 binding document that proves property ownership within a specific time frame–and if so, how does it communicate the service standard? Link for online access: Is there a specific and separate mechanism for filing complaints about a problem that Yes 1.0 occurred at the agency in charge of immovable property registration? Contact information: Land Ombudsman under the Ministry of Justice. Phone number: +(678) 33615 Page 22
Doing Business 2018 Vanuatu Are there publicly available official statistics tracking the number of transactions at the No 0.0 immovable property registration agency? Number of property transfers in the largest business city in 2016: Who is able to consult maps of land plots in the largest business city? Anyone who 0.5 pays the official fee Is the applicable fee schedule for accessing maps of land plots made publicly available— Yes, online 0.5 and if so, how? Link for online access: http://mol.gov.vu/ attachments/articl e/264/Map%20Pr inting%20Fees.p df Does the cadastral or mapping agency commit to delivering an updated map within a No 0.0 specific time frame—and if so, how does it communicate the service standard? Link for online access: Is there a specific and separate mechanism for filing complaints about a problem that Yes 0.5 occurred at the cadastral or mapping agency? Contact information: Land Ombudsman under the Ministry of Justice. Phone number: +(678) 33615 Geographic coverage index (0–8) 4.0 Are all privately held land plots in the economy formally registered at the immovable property No 0.0 registry? Are all privately held land plots in the largest business city formally registered at the No 0.0 immovable property registry? Are all privately held land plots in the economy mapped? Yes 2.0 Are all privately held land plots in the largest business city mapped? Yes 2.0 Land dispute resolution index (0–8) 4.0 Does the law require that all property sale transactions be registered at the immovable Yes 1.5 property registry to make them opposable to third parties? Is the system of immovable property registration subject to a state or private guarantee? Yes 0.5 Is there a specific compensation mechanism to cover for losses incurred by parties who No 0.0 engaged in good faith in a property transaction based on erroneous information certified by the immovable property registry? Does the legal system require a control of legality of the documents necessary for a property Yes 0.5 transaction (e.g., checking the compliance of contracts with requirements of the law)? If yes, who is responsible for checking the legality of the documents? Registrar; Notary. Does the legal system require verification of the identity of the parties to a property Yes 0.5 transaction? If yes, who is responsible for verifying the identity of the parties? Registrar; Notary. Is there a national database to verify the accuracy of identity documents? No 0.0 For a standard land dispute between two local businesses over tenure rights of a property Land Tribunal worth 50 times gross national income (GNI) per capita and located in the largest business city, what court would be in charge of the case in the first instance? How long does it take on average to obtain a decision from the first-instance court for such a Between 2 and 3 1.0 case (without appeal)? years Are there any statistics on the number of land disputes in the first instance? No 0.0 Page 23
Doing Business 2018 Vanuatu Number of land disputes in the largest business city in 2016: Equal access to property rights index (-2–0) 0.0 Do unmarried men and unmarried women have equal ownership rights to property? Yes 0.0 Do married men and married women have equal ownership rights to property? Yes 0.0 Page 24
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