Haiti Economy Profile - Doing Business 2019
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Doing Business 2019 Haiti Economy Profile of Haiti Doing Business 2019 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, and 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, total tax and contribution 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 2019 Haiti 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 ease of doing business 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. More about Doing Business (PDF, 5MB) Page 3
Doing Business 2019 Haiti Ease of Doing Business in DB 2019 Rank Region Latin America & Caribbean 190 1 Haiti Income Category Low income 182 DB 2019 Ease of doing business score Population 10,981,229 0 100 City Covered Port au Prince 38.52 DB 2019 Ease of Doing Business Score 0 100 69.46: Puerto Rico (U.S.) (Rank: 64) 67.47: Jamaica (Rank: 75) 61.12: Dominican Republic (Rank: 102) 58.97: Regional Average (Latin America & Caribbean) 55.57: Guyana (Rank: 134) 38.52: Haiti (Rank: 182) Note: The ease of doing business score captures the gap of each economy from the best regulatory performance observed on each of the indicators across all economies in the Doing Business sample since 2005. An economy’s ease of doing business score is reflected on a scale from 0 to 100, where 0 represents the lowest and 100 represents the best performance. The ease of doing business ranking ranges from 1 to 190. Rankings on Doing Business topics - Haiti 1 28 55 82 86 Rank 109 124 136 142 147 163 168 180 181 178 189 188 190 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 Ease of Doing Business Score on Doing Business topics - Haiti 100 80 76.90 57.58 Score 60 56.26 52.49 44.15 40 33.80 32.34 21.67 20 10.00 0.00 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 2019 Haiti Starting a Business This topic measures the number of procedures, time, cost and paid-in minimum capital requirement for a small- to medium-sized limited liability company to start up and formally operate in each 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 the 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 ranking of economies on the ease of starting a business is determined by sorting their scores for starting a business. These scores are the simple average of the scores for each of the component indicators. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Procedures to legally start and formally operate To make the data comparable across economies, several assumptions about the a company (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. • Preregistration (for example, name verification or reservation, notarization) The business: • Registration in the economy’s largest business - Is a limited liability company (or its legal equivalent). If there is more than one type city of limited liability company in the economy, the most common among domestic firms • Postregistration (for example, social security is chosen. Information on the most common form is obtained from incorporation registration, company seal) lawyers or the statistical office. - Operates in the economy’s largest business city. For 11 economies the data are • Obtaining approval from spouse to start a business or to leave the home to register the also collected for the second largest business city. company - The entire office space is approximately 929 square meters (10,000 square feet). - Is 100% domestically owned and has five owners, none of whom is a legal entity; • Obtaining any gender specific document for has a start-up capital of 10 times income per capita and has a turnover of at least company registration and operation or national 100 times income per capita. identification card - Performs general industrial or commercial activities, such as the production or sale of goods or services to the public. The business does not perform foreign trade Time required to complete each procedure activities and does not handle products subject to a special tax regime, for example, (calendar days) liquor or tobacco. It does not use heavily polluting production processes. • Does not include time spent gathering - Leases the commercial plant or offices and is not a proprietor of real estate and the information amount of the annual lease for the office space is equivalent to the income per capita. • Each procedure starts on a separate day (2 procedures cannot start on the same day) - Does not qualify for investment incentives or any special benefits. - Has at least 10 and up to 50 employees one month after the commencement of • Procedures fully completed online are recorded operations, all of whom are domestic nationals. as ½ day - Has a company deed that is 10 pages long. • Procedure is considered completed once final document is received The owners: • No prior contact with officials - Have reached the legal age of majority. If there is no legal age of majority, they are assumed to be 30 years old. Cost required to complete each procedure (% of - Are sane, competent, in good health and have no criminal record. income per capita) - Are married and the marriage is monogamous and registered with the authorities. - Where the answer differs according to the legal system applicable to the woman or • Official costs only, no bribes man in question (as may be the case in economies where there is legal plurality), the • No professional fees unless services required by answer used will be the one that applies to the majority of the population. law or commonly used in practice Paid-in minimum capital (% of income per capita) • Funds deposited in a bank or with third party before registration or up to 3 months after incorporation Page 5
Doing Business 2019 Haiti Starting a Business - Haiti Standardized Company Legal form Société Anonyme Paid-in minimum capital requirement HTG 6,250 City Covered Port au Prince Indicator Haiti Latin America OECD high Best Regulatory & Caribbean income Performance Procedure – Men (number) 12 8.2 4.9 1 (New Zealand) Time – Men (days) 97 28.5 9.3 0.5 (New Zealand) Cost – Men (% of income per capita) 200.3 37.8 3.1 0.0 (Slovenia) Procedure – Women (number) 12 8.2 4.9 1 (New Zealand) Time – Women (days) 97 28.5 9.3 0.5 (New Zealand) Cost – Women (% of income per capita) 200.3 37.8 3.1 0.0 (Slovenia) Paid-in min. capital (% of income per capita) 12.4 1.5 8.6 0.0 (117 Economies) Figure – Starting a Business in Haiti and comparator economies – Ranking and Score DB 2019 Starting a Business Score 0 100 97.35: Jamaica (Rank: 6) 91.23: Puerto Rico (U.S.) (Rank: 53) 85.61: Guyana (Rank: 97) 83.44: Dominican Republic (Rank: 117) 79.40: Regional Average (Latin America & Caribbean) 33.80: Haiti (Rank: 189) Note: The ranking of economies on the ease of starting a business is determined by sorting their scores for starting a business. These scores are the simple average of the scores for each of the component indicators. Page 6
Doing Business 2019 Haiti Figure – Starting a Business in Haiti – Procedure, Time and Cost Time (days) Cost (% of income per capita) 70 60 Cost (% of income per capita) 80 50 Time (days) 60 40 40 30 20 20 10 0 0 1 2 3 4 5 *6 *7 *8 *9 * 10 * 11 * 12 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 2019 Haiti Details – Starting a Business in Haiti – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Prepare the company's articles and memorandum of association 10 days HTG 30,000 Agency : Lawyer The lawyer charges approximately HTG 30,000 for the drafting of the company statutes in the case of a Société Anonyme. Prices can vary depending on the lawyer. 2 Notarize the company deeds and articles of association 7 days HTG 15,000 - HTG Agency : Notary 25,000 The notary public must hand-write and notarize the documents at a fee of between HTG 15,000 and HTG 25,000 depending on the complexity of the service. 3 Deposit the legally required initial capital in the National Bank and obtain 1 day no charge deposit evidence Agency : National Bank The lawyer deposits the legally required initial capital in the National Bank (Banque Nationale de Credit) and obtains proof of deposit. A certified check need to be used to pay in the National Bank, where proof of payment is provided. 4 Register the company with the Tax Authorities (Direction Générale des 1 day included in the notary Impôts - DGI) fees Agency : Tax Authorities (Direction Générale des Impôts - DGI) The notary pays the registration fees at the Tax Office (DGI) and proof of payment is obtained. 5 Registration with the Commercial Registry at the Ministry of Commerce and 78 days on average HTG 225 (frais de Industry and obtain the authorization of operations (Droit de dossier) + HTG 25 fonctionnement) (vignette bleue) + Agency : Ministry of Commerce and Industry and Le Moniteur (Journal Officiel) HTG 30,000 for Lawyer submits the dossier for registration at the Ministry of Commerce and a request for publication in Le the ‘avis de fonctionnement’. Moniteur (10-24 When the Ministry of Commerce has processed the application and registered the pages) company, it forwards the file to the Moniteur for publication. Firms can begin operations before the publication, as soon as they receive authorization from the Ministry of Commerce. Since May 2009, the company’s articles of incorporation do not need to be approved by the Prime Minister’s office and the Presidency before they can be published in the Official Journal. This process takes about 60 days. The cost depends on the number of pages of the act of constitution: 2 to 9 pages: HTG 5,000 10 to 25 pages: HTG 20,000 26 to x pages: HTG 35,000. 6 Obtain the Tax ID number (Numéro d’identification fiscale - NIF) from the 15 days HTG 50 (tax ID card) Tax authorities (DGI), pay fees, and obtain the business license (patente) (simultaneous with + 2% of initial capital Agency : Tax Authorities (Direction Générale des Impôts - DGI) previous procedure) + 0.3% per share + The company must file a form at the Tax Bureau (DGI) and provide an opening balance HTG 102 (droit de sheet on which corporate taxes will be based. A 2% tax is levied on a corporation’s initial fonctionnement) + capital, payable annually. A company must pay the “tax on share” (taxe sur action) of HTG 5 (taxe carte 0.3% per share, which will be assessed each year, and a "right of operating" tax (droit de d’identite fonctionnement) of HTG 1500 payable annually, and HTG 1500 5 to obtain the professionelle) professional identity card ("carte d’identite professionelle"). 7 Obtain the Professional ID (Carte d’Identité Professionelle) from the 17 days on average cost included in Ministry of Commerce and Industry (simultaneous with procedure 5 Agency : Ministry of Commerce and Industry previous procedure) According to Article 2 of the “Décret du 26 septembre 1960 réglementant l’exercice de la profession de commercant”, all commercial entities are required to hold a “carte d’identité professionnelle”. After the payment of fees at the DGI and obtaining the business permit ("certificat de patente"), the entrepreneur will obtain the “carte d’identité professionnelle” at the Ministry of Commerce. 8 Obtain special commercial books 2 days HTG 5,000 Agency : Commercial Registry (simultaneous with The special commercial books are purchased and prepared by an accountant. previous procedure) 9 Notification of employee registration to the Labor Ministry 1 day (simultaneous no charge Agency : Labor Ministry with previous Companies must submit a declaration on the hiring of personnel to the Labor Direction procedure) within 8 days of opening. Legalize the commercial books 7 days HTG 1,000 10 Agency : Court (simultaneous with Books are legalized by the Dean of the first instance court (Doyen du Tribunal). Each previous procedure) page must be sealed by the Dean of the civil court and the books must be sealed at the DGI (Direction Generale des Impots). Page 8
Doing Business 2019 Haiti Register for social security (OFATMA) 1 day (simultaneous no charge 11 Agency : Insurance Office (Office d'Assurance Accidents du Travail, Maladie et with previous Maternité - OFATMA) procedure) The company must register with the Insurance Office for Occupational Injury, Sickness, and Maternity (OFATMA) within 15 days of opening and provide the names of all its employees (up to 6% of monthly salary is contributed by the employer to social security). Register for Retirement Insurance Office (ONA) 1 day (simultaneous no charge 12 Agency : Retirement Office (Office Nationale d'Assurance - ONA) with previous The company must register with the Retirement Insurance Office (ONA) within 15 days procedure) of opening and provide the name of all its employees. Takes place simultaneously with previous procedure. Page 9
Doing Business 2019 Haiti 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 May 2018. 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. • 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 largest business city. For 11 economies the data are also collected for the second • Submitting all required notifications and receiving largest business city. all necessary inspections - Is 100% domestically and privately owned; has five owners, none of whom is a • 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 other employees who are technical or licensed experts, such as geological or • Registering and selling the warehouse after its 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) The warehouse: • 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 • Each procedure starts on a separate day— approximately 1,300.6 square meters (14,000 square feet). Each floor will be 3 though procedures that can be fully completed meters (9 feet, 10 inches) high and will be located on a land plot of approximately online are an exception to this rule 929 square meters (10,000 square feet) that is 100% owned by BuildCo, and the • Procedure is considered completed once final warehouse is valued at 50 times income per capita. document is received - Will have complete architectural and technical plans prepared by a licensed architect. If preparation of the plans requires such steps as obtaining further • No prior contact with officials documentation or getting prior approvals from external agencies, these are counted Cost required to complete each procedure (% of as procedures. income per capita) - Will take 30 weeks to construct (excluding all delays due to administrative and regulatory requirements). • Official costs only, no bribes The water and sewerage connections: Building quality control index (0-15) - Will be 150 meters (492 feet) from the existing water source and sewer tap. If there • Quality of building regulations (0-2) is no water delivery infrastructure in the economy, a borehole will be dug. If there is • Quality control before construction (0-1) no sewerage infrastructure, a septic tank in the smallest size available will be installed or built. • Quality control during construction (0-3) - Will have an average water use of 662 liters (175 gallons) a day and an average • Quality control after construction (0-3) wastewater flow of 568 liters (150 gallons) a day. Will have a peak water use of 1,325 liters (350 gallons) a day and a peak wastewater flow of 1,136 liters (300 • Liability and insurance regimes (0-2) gallons) a day. • Professional certifications (0-4) - 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 10
Doing Business 2019 Haiti Dealing with Construction Permits - Haiti Standardized Warehouse Estimated value of warehouse HTG 2,518,394.70 City Covered Port au Prince Indicator Haiti Latin America OECD high Best Regulatory & Caribbean income Performance Procedures (number) 14 15.4 12.7 None in 2017/18 Time (days) 98 199.0 153.1 None in 2017/18 Cost (% of warehouse value) 20.9 3.2 1.5 None in 2017/18 Building quality control index (0-15) 5.0 8.9 11.5 15.0 (3 Economies) Figure – Dealing with Construction Permits in Haiti and comparator economies – Ranking and Score DB 2019 Dealing with Construction Permits Score 0 100 70.71: Jamaica (Rank: 76) 70.42: Dominican Republic (Rank: 80) 63.48: Regional Average (Latin America & Caribbean) 59.38: Puerto Rico (U.S.) (Rank: 141) 54.75: Guyana (Rank: 164) 44.15: Haiti (Rank: 180) Note: The ranking of economies on the ease of dealing with construction permits is determined by sorting their scores for dealing with construction permits. These scores are the simple average of the scores for each of the component indicators. Figure – Dealing with Construction Permits in Haiti – Procedure, Time and Cost Time (days) Cost (% of warehouse value) 9 8 Cost (% of warehouse value) 80 7 6 Time (days) 60 5 4 40 3 20 2 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 11
Doing Business 2019 Haiti Figure – Dealing with Construction Permits in Haiti and comparator economies – Measure of Quality 15 13.0 12.0 12.0 Index score 10 8.9 5.0 5 4.0 0 Haiti Dominican Republic Guyana Jamaica Puerto Rico (U.S.) Latin America & Caribbean Details – Dealing with Construction Permits in Haiti – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Request and obtain a Soil Test 18 days USD 2,100 Agency : Private Firm The National Building Code of Haiti provides specifications for the strength of the foundation of buildings to resist seismic activities and shrinkage. Therefore, a soil test is needed to identity the type of soil so that the foundation is solid. 2 Obtain a topographical map 7 days USD 750 Agency : Private land surveyor The National Building Code of Haiti provides information on the importance of having a topographic map of the land so that it can be preserved. 3 Request building permit 30 days HTG 195,090 Agency : Municipality and the Ministry of Public Works The Ministry of Public Works does not issue the building permit, but studies the file and provides technical advice/approval of the plans. The Engineering Department will merely give its advice on the feasibility of the project. The building permit is issued by the Municipality. According to the law, the building permit fee for a commercial warehouse is HTG 75.00 for the length of the building facing the road multiplied by the number of floors. If the building has 2 sides facing the road, then both sides are taken into account and charged accordingly. However, in practice, this is not followed. The Municipality generally charges between HTG 125.00 -- HTG 175.00 per sq. m. Thus, the fee for the Doing Business case study warehouse would be approximately HTG 150.00 x 1,300.6 sq. m. -- this is called “le droit d’alignement.” BuildCo must submit the following documents when requesting the permit: • Survey plan and title of ownership (3 copies) • Location plan (3 copies) • Facade plan (3 copies) • Construction (foundation, electricity, plumbing) (3 copies) • Specifications sheet • License of the engineers or Corporate Income Tax (1 copy) – proof that the engineer or the construction company has no outstanding taxes • Letter of Authorization Request (1 copy) 4 Obtain site inspection by engineer from the Municipality 1 day no charge Agency : Municipality A request is made for a site inspection. The owner or the engineer must be at the site for the inspection. After this inspection and within 15 days, the Municipality will issue a “Bordereau de paiement” to be paid at the tax authority (DGI). If the amount is over HTG 15,000.00, it must be paid by certified check. 5 Pay fees to the Direction Generale des Impots 15 days no charge Agency : Direction Generale des Impots Payment is made at the DGI and proof of payment is delivered back to the Municipality. The fees for the building permit are recorded in procedure 1. 6 Obtain building permit 1 day no charge Agency : Municipality Once the application has been reviewed by the Mayor, payment of the alignment rights is made and the proof of payment submitted to the Mayor, and if the file meets all the requirements, the City will issue the building permit. 7 Receive inspection to verify the set-out and the foundation 1 day no charge Agency : Municipality By law (art. 1.2.3 of the Building Code) the Municipality must verify the set-out and the foundation. However in reality, this inspection does not take place. Page 12
Doing Business 2019 Haiti 8 Receive inspection for the walls and the quality of materials used 1 day no charge Agency : Municipality By law (art. 1.2.3 of the Building Code) the Municipality must verify the raising of the walls and the quality of the material used for the construction. However in reality, this inspection does not take place. 9 Receive inspection for the verification of the roof slabs 1 day no charge Agency : Municipality By law (art. 1.2.3 of the Building Code) the Municipality must verify the roof slap. However in reality, this inspection does not take place. 10 Receive final inspection 1 day no charge Agency : Municipality By law (art. 1.2.6 of the Building Code) the Municipality must conduct a final inspection and then deliver a certificate of conformity. However, in practice this does not take place. 11 Obtain the occupancy certificate 7 days no charge Agency : Municipality The certificate of occupancy is issued after the final inspection; however in practice it is rarely done. Obtaining the certificate of conformity is the responsibility of the builder. Request water connection from the National Direction of Potable Water and 1 day no charge 12 Sewage (Direction Nationale de l’Eau Potable et de l'Assainissement- DINEPA) Agency : Offices Régionaux d’Eau Potable et d’Assainissement (OREPA) The water connection is requested directly by the owner, as the contract must be made in the owner's name. 13 Receive inspection for water connection and cost estimate 1 day no charge Agency : Offices Régionaux d’Eau Potable et d’Assainissement (OREPA) The customer service center will process the application and forward it to the technical department, which will then inspect the construction site to prepare a cost estimate of the work for the water connection. 14 Obtain water connection from the National Direction of Potable Water and 21 days USD 2,166 Sewage (Direction Nationale de l’Eau Potable et de l'Assainissement- DINEPA) Agency : Offices Régionaux d’Eau Potable et d’Assainissement (OREPA) The cost of connection to the water depends on the width of the pipe used. The size of the pipe in the Doing Business case study is assumed to be 1 inch. Therefore the cost is HTG 6,640 (USD 116). And since a septic tank must be installed, the cost of the installation is also included at USD 2,000. Takes place simultaneously with previous procedure. Page 13
Doing Business 2019 Haiti Details – Dealing with Construction Permits in Haiti – 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) Available online; 1.0 Free of charge. Which requirements for obtaining a building permit are clearly specified in the building List of required 0.0 regulations or on any accessible website, brochure or pamphlet? (0-1) documents. Quality control before construction index (0-1) 1.0 Which third-party entities are required by law to verify that the building plans are in Licensed 1.0 compliance with existing building regulations? (0-1) architect; Licensed engineer. 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) 2.0 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; Final inspection is not required by law. Do legally mandated final inspections occur in practice? (0-1) Final inspection 0.0 does not always occur 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 University degree 0.0 architectural plans or drawings are in compliance with existing building regulations? (0-2) in architecture or engineering. What are the qualification requirements for the professional who supervises the construction University degree 0.0 on the ground? (0-2) in engineering, construction or construction management. Page 14
Doing Business 2019 Haiti 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 May 2018. 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) warehouse, the electricity connection and the monthly consumption are used. • Submitting all relevant documents and obtaining The warehouse: all necessary clearances and permits - Is owned by a local entrepreneur and is used for storage of goods. • Completing all required notifications and - Is located in the economy’s largest business city. For 11 economies the data are receiving all necessary inspections also collected for the second largest business city. • Obtaining external installation works and possibly - Is located in an area where similar warehouses are typically located and is in an purchasing material for these works area with no physical constraints. For example, the property is not near a railway. - Is a new construction and is being connected to electricity for the first time. • Concluding any necessary supply contract and obtaining final supply - Has two stories with a total surface area of approximately 1,300.6 square meters (14,000 square feet). The plot of land on which it is built is 929 square meters Time required to complete each procedure (10,000 square feet). (calendar days) The electricity connection: • Is at least 1 calendar day - Is a permanent one with a three-phase, four-wire Y connection with a subscribed • Each procedure starts on a separate day capacity of 140-kilo-volt-ampere (kVA) with a power factor of 1, when 1 kVA = 1 • Does not include time spent gathering kilowatt (kW). information - Has a length of 150 meters. The connection is to either the low- or medium-voltage distribution network and is either overhead or underground, whichever is more • Reflects the time spent in practice, with little common in the area where the warehouse is located and requires works that involve follow-up and no prior contact with officials the crossing of a 10-meter road (such as by excavation or overhead lines) but are all Cost required to complete each procedure (% of carried out on public land. There is no crossing of other owners’ private property income per capita) because the warehouse has access to a road. - Does not require work to install the internal wiring of the warehouse. This has • Official costs only, no bribes already been completed up to and including the customer’s service panel or • Value added tax excluded switchboard and the meter base. The reliability of supply and transparency of The monthly consumption: tariffs index (0-8) - It is assumed that the warehouse operates 30 days a month from 9:00 a.m. to 5:00 • Duration and frequency of power outages (0–3) p.m. (8 hours a day), with equipment utilized at 80% of capacity on average and that • Tools to monitor power outages (0–1) there are no electricity cuts (assumed for simplicity reasons) and the monthly energy consumption is 26,880 kilowatt-hours (kWh); hourly consumption is 112 kWh. • Tools to restore power supply (0–1) - If multiple electricity suppliers exist, the warehouse is served by the cheapest • Regulatory monitoring of utilities’ performance supplier. (0–1) - Tariffs effective in January of the current year are used for calculation of the price of electricity for the warehouse. Although January has 31 days, for calculation • Financial deterrents limiting outages (0–1) purposes only 30 days are used. • Transparency and accessibility of tariffs (0–1) Price of electricity (cents per kilowatt-hour)* • Price based on monthly bill for commercial warehouse in case study *Note: Doing Business measures the price of electricity, but it is not included in the ease of doing business score nor the ranking on the ease of getting electricity. Page 15
Doing Business 2019 Haiti Getting Electricity - Haiti Standardized Connection Price of electricity (US cents per kWh) 22.7 Name of utility Electricité d’Haiti (EdH) City Covered Port au Prince Indicator Haiti Latin America OECD high Best Regulatory & Caribbean income Performance Procedures (number) 4 5.5 4.5 3 (25 Economies) Time (days) 60 65.5 77.2 18 (3 Economies) Cost (% of income per capita) 3242.8 946.3 64.2 0.0 (3 Economies) Reliability of supply and transparency of tariff 0 4.3 7.5 8.0 (27 Economies) index (0-8) Figure – Getting Electricity in Haiti and comparator economies – Ranking and Score DB 2019 Getting Electricity Score 0 100 73.43: Puerto Rico (U.S.) (Rank: 88) 70.59: Regional Average (Latin America & Caribbean) 64.96: Jamaica (Rank: 115) 64.65: Dominican Republic (Rank: 116) 56.26: Haiti (Rank: 142) 45.91: Guyana (Rank: 165) Note: The ranking of economies on the ease of getting electricity is determined by sorting their scores for getting electricity. These scores are the simple average of the scores for all the component indicators except the price of electricity. Page 16
Doing Business 2019 Haiti Figure – Getting Electricity in Haiti – Procedure, Time and Cost Time (days) Cost (% of income per capita) 60 1800 1600 Cost (% of income per capita) 50 1400 40 1200 Time (days) 1000 30 800 20 600 400 10 200 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 Haiti and comparator economies – Measure of Quality 8 7 6 Index score 5 5 4.3 4 4 3 3 2 1 0 0 0 Haiti Dominican Republic Guyana Jamaica Puerto Rico (U.S.) Latin America & Caribbean Page 17
Doing Business 2019 Haiti Details – Getting Electricity in Haiti – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Hire private contractor to apply for connection and await estimate of 10 calendar days USD 400 connection fees Agency : Electricité d'Haïti External works can be carried out by Electricité d'Haïti (EDH) or by a private contractor provided they have obtained the utility’s approval. The final connection however, is always done by the utility. The common approach is to hire a private contractor (a list of these is available at the utility) to save time and because the utility often lacks the necessary material. The client can also either submits the application for connection themselves or ask their contractor to do so on their behalf. • Request of connection can be done in two ways:By letter from the company head • In person at one of the centers or agencies offering the utility’s services 2 Receive external site inspection by Electricité d'Haïti (EDH) 1 calendar day HTG 859,792.84 Agency : Electricité d'Haïti The utility then inspects the site and prepares an estimate of the connection fees: • An estimate for the construction of the Low-Voltage of Medium-Voltage line and of the unit substation • An estimate for the construction of the metering system 3 Obtain external works from private contractor 30 calendar days USD 7,500 Agency : Private firm The private contractor discusses with the client about the technical details of the works (capacity, voltage, etc.) and submits the design to the utility for approval. The contractor also prepares an estimate of the fees for the construction of the lines and unit substation. The contractor will also need to write to the utility to obtain approval to work on the network. 4 Request meter installation and final connection from EDH 20 calendar days HTG 250,000 Agency : Electricité d'Haïti Once the works have been completed the client requests meter installation from Electricité d'Haïti (EDH). No inspection of the entire internal wiring is carried out during the process. For capacities below 300 kVA, the utility normally has the meters (and current transformers) in stock. Takes place simultaneously with previous procedure. Page 18
Doing Business 2019 Haiti Details – Getting Electricity in Haiti – Measure of Quality Answer Reliability of supply and transparency of tariff index (0-8) 0 Total duration and frequency of outages per customer a year (0-3) 0 System average interruption duration index (SAIDI) .. System average interruption frequency index (SAIFI) .. What is the minimum outage time (in minutes) that the utility considers for the calculation of SAIDI/SAIFI N/A Mechanisms for monitoring outages (0-1) 0 Does the distribution utility use automated tools to monitor outages? No Mechanisms for restoring service (0-1) 0 Does the distribution utility use automated tools to restore service? No Regulatory monitoring (0-1) 0 Does a regulator—that is, an entity separate from the utility—monitor the utility’s performance on reliability of No supply? Financial deterrents aimed at limiting outages (0-1) 0 Does the utility either pay compensation to customers or face fines by the regulator (or both) if outages No exceed a certain cap? Communication of tariffs and tariff changes (0-1) 1 Are effective tariffs available online? Yes Link to the website, if available online http://www.edh.ht/tari f.php Are customers notified of a change in tariff ahead of the billing cycle? Yes 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 19
Doing Business 2019 Haiti 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 May 2018. 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. • 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). - Are located in the periurban area of the economy’s largest business city. For 11 • Registration procedures in the economy's largest economies the data are also collected for the second largest business city. business city. - Are 100% domestically and privately owned. • 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. • Does not include time spent gathering - Is fully owned by the seller. information - Has no mortgages attached and has been under the same ownership for the past • Each procedure starts on a separate day - 10 years. though procedures that can be fully completed - Is registered in the land registry or cadastre, or both, and is free of title disputes. online are an exception to this rule - Is located in a periurban commercial zone, and no rezoning is required. - Consists of land and a building. The land area is 557.4 square meters (6,000 • Procedure is considered completed once final square feet). A two-story warehouse of 929 square meters (10,000 square feet) is document is received located on the land. The warehouse is 10 years old, is in good condition, has no • No prior contact with officials heating system and complies with all safety standards, building codes and legal requirements. The property, consisting of land and building, will be transferred in its Cost required to complete each procedure (% of entirety. property value) - Will not be subject to renovations or additional construction following the purchase. • Official costs only (such as administrative fees, - Has no trees, natural water sources, natural reserves or historical monuments of duties and taxes). any kind. - Will not be used for special purposes, and no special permits, such as for • Value Added Tax, Capital Gains Tax and illicit residential use, industrial plants, waste storage or certain types of agricultural payments are excluded activities, are required. - Has no occupants, and no other party holds a legal interest in it. Quality of land administration index (0-30) • Reliability of infrastructure index (0-8) • Transparency of information index (0–6) • Geographic coverage index (0–8) • Land dispute resolution index (0–8) • Equal access to property rights index (-2–0) Page 20
Doing Business 2019 Haiti Registering Property - Haiti Indicator Haiti Latin America OECD high Best Regulatory & Caribbean income Performance Procedures (number) 5 7.2 4.7 1 (4 Economies) Time (days) 312 63.3 20.1 1 (New Zealand) Cost (% of property value) 6.8 5.8 4.2 0.0 (Saudi Arabia) Quality of the land administration index (0-30) 2.5 11.9 23.0 None in 2017/18 Figure – Registering Property in Haiti and comparator economies – Ranking and Score DB 2019 Registering Property Score 0 100 65.73: Dominican Republic (Rank: 77) 57.48: Guyana (Rank: 117) 55.25: Regional Average (Latin America & Caribbean) 53.61: Jamaica (Rank: 131) 46.14: Puerto Rico (U.S.) (Rank: 159) 32.34: Haiti (Rank: 181) Note: The ranking of economies on the ease of registering property is determined by sorting their scores for registering property. These scores are the simple average of the scores for each of the component indicators. Figure – Registering Property in Haiti – Procedure, Time and Cost Time (days) Cost (% of property value) 4.5 300 4 Cost (% of property value) 250 3.5 3 200 Time (days) 2.5 150 2 100 1.5 1 50 0.5 0 0 1 2 *3 4 5 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 21
Doing Business 2019 Haiti Figure – Registering Property in Haiti and comparator economies – Measure of Quality 30 25 Index score 20 14.5 14.0 13.5 15 11.9 10 7.0 5 2.5 0 Haiti Dominican Republic Guyana Jamaica Puerto Rico (U.S.) Latin America & Caribbean Details – Registering Property in Haiti – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Obtain authorization to conduct a property survey 60 days no charge Agency : Court of First Instance (Tribunal de Première Instance de la Commune) For conducting the property survey required in Procedure 2, it is necessary to obtain an authorization from the Court of First Instance (Tribunal de première instance de la commune) where the property is located, and the authorization of the “Commissaire du government”. For obtaining the approval, it is necessary to present a complete file that will include the bill of sale of the property as well as the previous survey. Legal basis: Art 22 Decree of February 26, 1975 about the land survey. 2 Survey of property 26 days HTG 15,000; (The Agency : Land surveyor (arpenteur-géomètre) cost of the survey of A survey of the property is required every 10 years, but In practice due to land insecurity, the property depends the notaries request a survey that dates no more than 3 years. A public surveyor does the on the area: survey in question for a specific commune. Because of the issues related to possession HTG 10,000.00: 0 to and ownership of real estate in Haiti, most buyers choose to have a survey of the property 500 m2 they are purchasing. All persons whose property shares a common border with the HTG 15,000.00: 500 property will be invited to witness the survey. Any person present can request a procedure before a judge of peace of the civil tribunal which decides on whether the to 1000 m2 transaction can proceed or not. His decision is subject to appeal. HTG 25,000.00: 1/2 tile HTG 50,000.00: 1 tile) 3 Notary public prepares the sale agreement 18 days HTG 50,367.89; Agency : Notary (Notary fees: 2% of The titles are deposited with the notary public, who will prepare the bill of sale. the property value) By law, notary fees are set to 1%. However, the ASNOP (Notary Association of Port-au- Prince) charges typically 2% of sale price. The notary collects the fees and taxes and directly pays the different State Agencies. The seller pays the added value tax (VAT), but it is held by the notary public until the notary decides to transfer the amount to the “Direction Générale des Impôts” (DGI). In no event shall the notary remain in his possession the VAT for more than thirty ( 30) days after the operation (Art 105 Decree of 29 September 2005 amending that of 29 September 1986 relating to income tax). VAT is according to the following categories: (i) For the sale of property by a limited liability corporation (Societe Anonyme), the rate is 15% of the sale price (ii) For the sale of land without building or house, the rate is 10%, after applying a discount of 25 % on sale price. (iii) For the sale of any property were construction was built after the land was bought the rate is 2.5% of the sale price. (iv) For the sale of land from an allotment the rate is 4 %. (v) For the sale of any property including land and building were improvements or transformations have been made, the rate is 10% after applying a discount of 50 % on the sale price. (vi) For the sale of building or house built on state land when sailing according to the laws, the rates are 2.5% of the sale price. Page 22
Doing Business 2019 Haiti 4 Obtain avis de cotisation and pay for registration 1 day HTG 106,993.93; Agency : Commercial bank (Fixed fee (droit fixe) In order to submit the sale agreement for registration, an “avis de cotisation” is prepared of HTG 2; by the DGI, calculating and writing manually on the side of the sale Act the amount to be 3% of property value paid. The sale act should be handwritten, but the DGI accepts copies written with a PC (enregistrement); with the “handwritten” style (for transfers between individuals or firms). 1% of property value The avis de cotisation is typed with a typewriter on an official form (3 copies). The (transcription); notary keeps the top of the form, and the bottom is left to the DGI. The fees are the following: certificate fee (droit (i) Montant principal: Droit fixe: HTG 2 ; droit d’enregistrement: 3% of sale price; droit de certificat) HTG de transcription: 1% of sale price; droit d’ecriture: HTG 6 per each group of 25 lines (or 2.5; fraction) deed fee (droit (ii) droit de certificat: HTG 2.5 d'ecriture) HTG 6; (iii) taxe suplementaire: 1% of the amount paid in droit d’enregistrement and droit de supplementary tax: transcription + 1 gourde HTG 1 + 1% of the (iv) droit special ad-valorem: 0.2% of the fees and taxes paid to the Tax Authority (DGI) cost of (v) droit proportionnel du timbre: 0.2% of the property value + HTG 1 enregistrement and transcription (Taxe Once the avis is prepared, the notary pays the amount at the BRH (Banque de la supplementaire); Republique d’Haiti) in the DGI, and the bank signs the Avis de cotisation. 0.2% of the fees and taxes paid to the Tax Authority (DGI) (droit special ad-valorem); 0.2% of the property value + HTG 1 (droit proportionnel du timbre)) 5 The sale agreement is recorded and transcribed at the Tax Authority (DGI) 225 days Fee: 3% + 1% of the Agency : Tax Authority (Direction Générale des impôts) property value, Transfer tax is set in article 142 of the « loi du 28 septembre 1977 sur l'enregistrement et already paid in la conservation fonciere ». The notary has received the funds for the procedure before procedure 4 and realizes the follow-up. A one-month frame is established by law for the notary to transfer said funds collected on behalf of the state to the Direction Generale des Impots. With the avis de cotisation signed by the bank, the notary can submit the dossier to be recorded at the records office of the Direction Generale des Impots. The registrar will write with a pen on the Acte de vente: the Number of the avis de cotisation and the date of payment. The notary keeps the original of the avis de cotisation. The transfer is then registered by hand in a book (“Repertoire d’entrée”). The sale act is later sent to the Bureau de Transciption, where employees copy by hand the sale act into books. Once the sale act has been copied, it is returned to the notary. Local branches of the DGI in the country (“bureaux deconcentres”) send the information to the central office for registration. Takes place simultaneously with previous procedure. Page 23
Doing Business 2019 Haiti Details – Registering Property in Haiti – Measure of Quality Answer Score Reliability of infrastructure index (0-8) 0.0 What is the institution in charge of immovable property registration? Tax Authority (Direction Générale des Impôts) In what format are the majority of title or deed records kept in the largest business city—in a Paper 0.0 paper format or in a computerized format (scanned or fully digital)? Is there an electronic database for checking for encumbrances (liens, mortgages, restrictions No 0.0 and the like)? Institution in charge of the plans showing legal boundaries in the largest business city: National Cadastre Office (Office National du Cadastre) In what format are the majority of maps of land plots kept in the largest business city—in a Paper 0.0 paper format or in a computerized format (scanned or fully digital)? Is there an electronic database for recording boundaries, checking plans and providing No 0.0 cadastral information (geographic information system)? Is the information recorded by the immovable property registration agency and the cadastral Separate 0.0 or mapping agency kept in a single database, in different but linked databases or in separate databases databases? Do the immovable property registration agency and cadastral or mapping agency use the No 0.0 same identification number for properties? Transparency of information index (0–6) 0.0 Who is able to obtain information on land ownership at the agency in charge of immovable Only 0.0 property registration in the largest business city? intermediaries and interested parties Is the list of documents that are required to complete any type of property transaction made Yes, in person 0.0 publicly available–and if so, how? Link for online access: Is the applicable fee schedule for any property transaction at the agency in charge of Yes, in person 0.0 immovable property registration in the largest business city made publicly available–and if so, how? Link for online access: 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 No 0.0 occurred at the agency in charge of immovable property registration? Contact information: 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 2017: Who is able to consult maps of land plots in the largest business city? Only 0.0 intermediaries and interested parties Is the applicable fee schedule for accessing maps of land plots made publicly available— Yes, in person 0.0 and if so, how? Link for online access: Page 24
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