Doing Business 2018 Zambia
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Doing Business 2018 Zambia Economy Profile of Zambia 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 Zambia 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 Zambia Ease of Doing Business in DB 2018 Rank Region Sub-Saharan Africa 190 1 Zambia Income Category Lower middle income 85 DB 2018 Distance to Frontier (DTF) Population 16,591,390 0 100 City Covered Lusaka 64.50 DB 2018 Distance to Frontier (DTF) 0 100 64.94: Botswana (Rank: 81) 64.50: Zambia (Rank: 85) 60.42: Lesotho (Rank: 104) 59.94: Namibia (Rank: 106) 50.43: Regional Average (Sub-Saharan Africa) 41.49: Angola (Rank: 175) 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 - Zambia 2 1 15 28 55 69 82 89 89 Rank 101 109 128 136 149 150 155 163 190 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 - Zambia 100 95.00 88.71 84.89 80 71.04 60 56.88 DTF 53.33 51.74 49.92 48.69 44.85 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 Zambia 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. - Where the answer differs according to the legal system applicable to the woman or â— Funds deposited in a bank or with third party 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 Zambia Starting a Business - Zambia Standardized Company Legal form Private Company Limited by shares Paid-in minimum capital requirement ZMK 0 City Covered Lusaka Indicator Zambia Sub-Saharan OECD high Overall Best Africa income Performer Procedure – Men (number) 7 7.6 4.9 1.00 (New Zealand) Time – Men (days) 8.5 24.0 8.5 0.50 (New Zealand) Cost – Men (% of income per capita) 34.2 49.9 3.1 0.00 (United Kingdom) Procedure – Women (number) 7 7.7 4.9 1.00 (New Zealand) Time – Women (days) 8.5 24.1 8.5 0.50 (New Zealand) Cost – Women (% of income per capita) 34.2 49.9 3.1 0.00 (United Kingdom) Paid-in min. capital (% of income per capita) 0.0 25.6 8.7 0.00 (113 Economies) Figure – Starting a Business in Zambia and comparator economies – Ranking and DTF DB 2018 Distance to Frontier (DTF) 0 100 84.89: Zambia (Rank: 101) 83.06: Lesotho (Rank: 119) 80.09: Angola (Rank: 134) 76.82: Regional Average (Sub-Saharan Africa) 76.22: Botswana (Rank: 153) 68.90: Namibia (Rank: 172) 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 Zambia Figure – Starting a Business in Zambia – Procedure, Time and Cost Time (days) Cost (% of income per capita) 30 8 Cost (% of income per capita) 7 25 6 20 Time (days) 5 15 4 3 10 2 5 1 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 Zambia Details – Starting a Business in Zambia – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Check the company name for uniqueness Less than one day ZMK 83 for name Agency : Patent and Companies Registration Agency (PACRA) (online procedure) search and clearance The name clearance is done at the Patent And Companies Registration Agency (PACRA). and ZMK 166 for Recently, the online name search was also introduced on the website of PACRA. name reservation 2 Have a Commissioner of Oaths sign Companies Form 11 (Declaration of 1 day ZMK 50 on average Compliance) Agency : Commissioner of Oaths Section 9 of the Companies Act Cap 388 of the Laws of Zambia enacted in 1994 requires that Companies Form 11 (Declaration of Compliance) must be commissioned by a Commissioner of Oath. The cost varies based on the Commissioner. A Commissioner for Oath who has an office next to PACRA head office charges ZMK 20 to Commission the Companies Form 11, others typically between ZMK 30 - ZMK 80. Other Commissioners for Oath such as bank managers and Commissioners from courts do not charge for this service. They offer this service free of charge. 3 Register the company 3 days see procedure details Agency : Patent and Companies Registration Agency (PACRA) The registrar is located at the PACRA. PACRA is a stand-alone office with a customer service center, where the applicant submits the completed Form 2: Application for Incorporation, Form 5: Declaration of Consent to act as a Director or Secretary, and Form 11: Declaration of compliance. He or she then receives a case number to track the application status and pays the fees at the cashier. At the end of the process, the applicant obtains the certificate of incorporation and the certificate of share capital. The fees payable to PACRA are as follows: - Registration Fee: 2.5% of nominal capital (with a minimum fee of ZMK 250) - Certificate of incorporation: ZMK 83 - Certificate of share capital: ZMK 83 - Companies Form 5: ZMK 83 - Companies Form 11: ZMK 83 4 Obtain a tax payer's tax number 1 day no charge Agency : Zambia Revenue Authority To obtain a VAT tax number at the Zambia Revenue Authority (ZRA), promoters must file the Certificate of Incorporation. 5 Register for Social Security 1 day no charge Agency : National Pensions Scheme Authority In order to register with the National Pension Scheme Authority, the applicant must file an Employer Registration form and attach a copy of the company's Certificate of Incorporation. The employees must complete a membership registration form and attach copies of their National Registration Cards. 6 Pay business levy 1 day ZMK 450 Agency : Lusaka City Council All businesses are required to pay a business levy to commence business activities. 7 Register for VAT 1 day no charge Agency : Zambia Revenue Authority The VAT registration annual turnover threshold is ZMK 800,000 per the VAT Act Cap 331 and Regulations. Takes place simultaneously with previous procedure. Page 8
Doing Business 2018 Zambia 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 Zambia Dealing with Construction Permits - Zambia Standardized Company Estimated value of warehouse ZMK 584,718.60 City Covered Lusaka Indicator Zambia Sub-Saharan OECD high Overall Best Africa income Performer Procedures (number) 10 14.8 12.5 7.00 (Denmark) Time (days) 189 147.5 154.6 27.5 (Korea, Rep.) Cost (% of warehouse value) 3.1 9.9 1.6 0.10 (5 Economies) Building quality control index (0-15) 10.0 8.0 11.4 15.00 (3 Economies) Figure – Dealing with Construction Permits in Zambia and comparator economies – Ranking and DTF DB 2018 Distance to Frontier (DTF) 0 100 72.27: Botswana (Rank: 59) 71.04: Zambia (Rank: 69) 68.80: Angola (Rank: 80) 66.10: Namibia (Rank: 107) 56.91: Regional Average (Sub-Saharan Africa) 51.57: Lesotho (Rank: 167) 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 Zambia – Procedure, Time and Cost Time (days) Cost (% of income per capita) 2.5 180 Cost (% of income per capita) 160 2 140 120 Time (days) 1.5 100 80 1 60 40 0.5 20 0 0 1 2 *3 4 5 6 7 *8 9 10 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 Zambia Figure – Dealing with Construction Permits in Zambia and comparator economies – Measure of Quality 15 10.0 10.5 Index score 10 8.0 6.0 6.5 5.0 5 0 Zambia Angola Botswana Lesotho Namibia Sub-Saharan Africa Details – Dealing with Construction Permits in Zambia – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Obtain certified copy of property title from the Ministry of Lands 90 days ZMK 150 Agency : Ministry of Lands, Natural Resources and Environmental Protection A certified copy of the property title must be obtained from the Ministry of Lands. They will stamp the copy upon receipt to indicate that it is a true copy. 2 Submit Project Brief and receive approval from the Environmental Council 55 days ZMK 13,000 Agency : Zambia Environmental Management Agency A Project Brief (12 copies) must be submitted to the Environmental Council. The brief must specify the noise levels, heat, radioactivity, emissions, and environmental effects (Environmental and Pollution Act CAP 204). For a simple warehouse project, the report can be prepared in-house. 3 Obtain building permit from the Municipal Authority (City Development 60 days ZMK 4,331 Department) Agency : Lusaka City Council The approval permit is valid for 6 months and may be extended for another 6 months. The following documents are required to obtain a building permit: • 4 copies of technical drawings which include: 1. Floor plan 2. Foundation plan 3. Elevations 4. Roof Plan 5. Door and window schedule 6. Site plan 7. Block Plan 8. Cross section 9. Structural drawing for multi-story structures • Certified copy of ownership of the plot • Complete application form • Copy of receipts for scrutiny and stage inspection fees The pertinent project documents are circulated for clearance and approval among the following departments: • Fire Department • Environmental Council • Health Department • Water Authority The application for a building permit is scrutinized by all departments of the local authority noted above. The procedure includes inspections. Approximately once a month, the different agencies meet to approve the permits. The statutory time limit for approval of a building permit is 90 days, after which, legally, the company only has to notify the municipality and start construction. Most of the permits are granted on the first application. The payment is KR 3.33 per square meter, assuming the warehouse is considered a 'light construction.' All inspections mentioned are required by the General Authorities Bylaws to take place on the site. In practice, however, most are done administratively. The only departments that might go on site are the Environmental Council and, to a lesser degree, the Sewerage Department. More often than not, these departments do not check the site because they already know where it is located and what it is equipped with. If the Environmental Council ever inspects the site, it would not need to notify the constructor unless it needed to resolve some issues with BuildCo present. 4 Inform the Local Authority of the beginning of construction and receive 1 day ZMK 200 inspection of foundation works Agency : Engineering Department of the Local Authority The Council has introduced an inspection fee through the Engineering Department. This covers transportation for inspectors. The inspection usually takes place within 1 -- 2 hours. This is a one-off payment and covers all inspections. Page 11
Doing Business 2018 Zambia 5 Request and receive inspection of concrete works 1 day no charge Agency : Engineering Department of the Local Authority Although there is no additional charge, the transport costs of the Engineering Department are usually provided by the builder. The inspection involves quality checks of materials and procedures (1 -- 2 hours). 6 Request opinions on project completion (final inspection) 7 days no charge Agency : Fire Department, Public Health Department and Building Inspectorate There is one joint inspection by the Fire Department, Public Health Department and Building Inspectorate. This final joint inspection is done as a prerequisite to obtaining the occupancy permit. BuildCo must inform the Building Inspectorate of the completion of the construction and they organize the joint inspection. Sometimes this requires significant follow up but generally it takes 1 week to organize and the inspection itself is done in 1 day. If the final inspection goes well (the building is built according to design, safety of building is according to standards etc.), the Public Health Department will then issue the occupancy permit. 7 Obtain completion certificate / occupancy permit 21 days no charge Agency : Public Health Department 8 Request water and sewerage services and inspection 1 day no charge Agency : Lusaka Water and Sewerage Company Limited 9 Receive site inspection by the water authority 1 day no charge Agency : Lusaka Water and Sewerage Company Limited 10 Obtain water and sewerage connection 7 days ZMK 500 Agency : Lusaka Water and Sewerage Company Limited Takes place simultaneously with previous procedure. Page 12
Doing Business 2018 Zambia Details – Dealing with Construction Permits in Zambia – Measure of Quality Answer Score Building quality control index (0-15) 10.0 Quality of building regulations index (0-2) 2.0 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 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) 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; Mandatory inspections are done most of the time 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) 4.0 Page 13
Doing Business 2018 Zambia What are the qualification requirements for the professional responsible for verifying that the Minimum number 2.0 architectural plans or drawings are in compliance with existing building regulations? (0-2) of years of experience; University degree in architecture or engineering; Being a registered architect or engineer; Passing a certification exam. What are the qualification requirements for the professional who supervises the construction Minimum number 2.0 on the ground? (0-2) of years of experience; University degree in engineering, construction or construction management; Being a registered architect or engineer; Passing a certification exam. Page 14
Doing Business 2018 Zambia 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 - Is a limited liability company (or its legal equivalent) and operates in the economy’s â— Completing all required notifications and 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 929 square meters (10,000 square feet) that is 100% owned by BuildCo, and the Cost required to complete each procedure (% of 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 15
Doing Business 2018 Zambia Getting Electricity - Zambia Standardized Company Price of electricity (US cents per kWh) 4.7 Name of utility Zambia Electricity Supply Corporation Ltd. (ZESCO) City Covered Lusaka Indicator Zambia Sub-Saharan OECD high Overall Best Africa income Performer Procedures (number) 6 5.3 4.7 2 (United Arab Emirates) Time (days) 117 115.3 79.1 10 (United Arab Emirates) Cost (% of income per capita) 588.5 3737.0 63.0 0.00 (Japan) Reliability of supply and transparency of tariff 0 0.9 7.4 8.00 (28 Economies) index (0-8) Figure – Getting Electricity in Zambia and comparator economies – Ranking and DTF DB 2018 Distance to Frontier (DTF) 0 100 78.12: Namibia (Rank: 68) 59.38: Botswana (Rank: 124) 52.09: Lesotho (Rank: 152) 49.92: Zambia (Rank: 155) 45.91: Regional Average (Sub-Saharan Africa) 44.08: Angola (Rank: 165) 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 16
Doing Business 2018 Zambia Figure – Getting Electricity in Zambia – Procedure, Time and Cost Time (days) Cost (% of income per capita) 500 100 Cost (% of income per capita) 400 80 Time (days) 300 60 200 40 100 20 0 0 1 *2 3 4 *5 6 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 Zambia and comparator economies – Measure of Quality 8 7 6 6 Index score 5 4 3 2 0.9 1 0 0 0 0 0 Zambia Angola Botswana Lesotho Namibia Sub-Saharan Africa Page 17
Doing Business 2018 Zambia Details – Getting Electricity in Zambia – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Submit application to Zesco Limited and await estimate 7 calendar days USD 836.63 Agency : Zesco Limited An application cannot be submitted online. The customer has to visit any Customer Service Center or Zesco's office and collect two forms: the Customer Application Form and the Supply Inquiry Form, free of charge. Attached to the applications, the customer must submit the following documents: • Title Deeds or Certification of Title – A legal document that reflects ownership of property as well as all details of the property in question • Letter of Offer from Local Authority, Ministry of Lands, Natural Resources and Environment Protection or Traditional Establishment (Where Applicable) – A document showing legal approval from the respective authority. • Identification Documents – Documents that reflect national registration i.e. • National Registration Card for individuals and Certificate of Registration for Companies (Drivers License and Passport may also be used) • Sketch map for location of the site 2 Receive external inspection by Zesco Limited 5 calendar days ZMK 0 Agency : Zesco Limited Once the application has been received, Zesco will conduct an external inspection to do a cost estimate for the works. It is not a requirement for the customer to be present during this inspection. Once the inspection is complete, Zesco will give a cost estimate to the client. 3 Obtain excavation permit from Lusaka City Council 14 calendar days ZMK 6,000 Agency : Lusaka City Council The customer has to obtain an excavation permit from the Lusaka City Council for the underground connection. The utility however facilitates the process as Zesco is more familiar with the procedures of dealing with excavation permits than the client. 4 Accept estimate and await completion of external works by Zesco Limited 95 calendar days ZMK 55,300 Agency : Zesco Limited Zesco is in charge of the external connection works and will also provide the material. Once the quotation has been paid, Zesco will proceed with the external works, however this will take some times as Zesco must gather all the materials and make the necessary preparation. 5 Receive internal inspection by Zesco Limited 1 calendar day ZMK 0 Agency : Zesco Limited Zesco will conduct an internal wiring of the warehouse and it is recommended that the electrical contractor be present. Zesco will initiate a test and if it is found that the internal wiring is not up to the standards set by Zesco, a fail test certificate will be issued. . The electrician in charge of the internal wiring does not have to be licensed and/or registered with Zesco. The internal inspection is a necessary condition for opening the meter. Once the team verified that your internal wiring is correctly done they pass over the documents to the team in charge of meter installation. 6 Receive meter installation and final connection from Zesco Limited 1 calendar day ZMK 0 Agency : Zesco Limited Zesco will notify the customer and the electrical contractor when the metering department will be installing the meter. Both the customer and the electrician must be present on that day. Takes place simultaneously with previous procedure. Page 18
Doing Business 2018 Zambia Details – Getting Electricity in Zambia – 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) 176.0 System average interruption frequency index (SAIFI) 17.9 What is the minimum outage time (in minutes) that the utility considers for the calculation of SAIDI/SAIFI 5.0 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) 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.zesco.co. zm/customerCare/tar iffs 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 2018 Zambia 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 entirety. â— Official costs only (such as administrative fees, 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 residential use, industrial plants, waste storage or certain types of agricultural Quality of land administration index (0-30) 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 20
Doing Business 2018 Zambia Registering Property - Zambia Standardized Company Property value ZMK 584,718.60 City Covered Lusaka Indicator Zambia Sub-Saharan OECD high Overall Best Africa income Performer Procedures (number) 6 6.2 4.6 1.00 (4 Economies) Time (days) 45 59.3 22.3 1.00 (3 Economies) Cost (% of property value) 9.9 7.8 4.2 0.00 (5 Economies) Quality of the land administration index (0-30) 7.0 8.6 22.7 29.00 (Singapore) Figure – Registering Property in Zambia and comparator economies – Ranking and DTF DB 2018 Distance to Frontier (DTF) 0 100 65.45: Botswana (Rank: 81) 58.12: Lesotho (Rank: 109) 51.71: Regional Average (Sub-Saharan Africa) 48.69: Zambia (Rank: 149) 40.86: Angola (Rank: 172) 38.35: Namibia (Rank: 175) 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 Zambia – Procedure, Time and Cost Time (days) Cost (% of income per capita) 45 6 40 5 Cost (% of income per capita) 35 30 4 Time (days) 25 3 20 15 2 10 1 5 0 0 1 *2 *3 4 5 6 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 2018 Zambia Figure – Registering Property in Zambia and comparator economies – Measure of Quality 30 25 Index score 20 15 10.0 9.5 10 8.5 8.6 7.0 7.0 5 0 Zambia Angola Botswana Lesotho Namibia Sub-Saharan Africa Details – Registering Property in Zambia – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Lawyer drafts the sale agreement, which is exchanged between buyer and 3-7 days 2.5% of the property seller (simultaneous with value Agency : Lawyer Procedure 2) In practice, both the seller and purchaser employ a lawyer for the transaction. The fees are negotiable, but cannot legally exceed 10%. 2 The Seller requests a valuation report 4 days (1 day for the ZMK 7,500 + VAT of Agency : Land Valuer or Land Surveyor inspection, 3 days to 16% of the Property Properties that are valued over 500,000 kwacha must submit a valuation report to the prepare the report) Value (Not included in Zambia Revenue Authority in order to settle the Property Transfer Tax. A copy of the title the cost calculation) deed is needed in order to obtain the valuation report. During the inspection, the valuer or land surveyor would carry out a physical inspection of the property including, among others: (i) Measuring the space; (ii) Noting the types of finishes. They would then provide the current market value of the value of property in the report according to their inspection. 3 Lawyer obtains a non-encumbrance certificate 1 day (simultaneous ZMW 41.70 (139 Fee Agency : Registry of Lands and Deeds with Procedure 1) Units x 0.3 Fee Unit The search is conducted at the Registry of Land and Deeds. The interested parties can Value) conduct an electronic search that provides basic information about the land, the owner of the lease, and the date of ownership of the lease. The most common search is to obtain a computer pint out of the registration file. This pint out includes the history of the property from the first day it was registered as a title deed, any sub-divisions, owners, transfers, if there are any liens or mortgages, if it has been discharged and the size, and if there are any caveats. In order to get more detailed information, a manual search needs to be conducted. For this search, the lawyer must go directly to the Lands and Deeds Registry to search for the history of the plot and the relevant documents. 4 The seller applies for the state’s consent to assign 7-10 days ZMW 336.60 (1112 Agency : Commissioner of Lands Fee units x 0.3 Fee The Commissioner of Lands will verify that the property can be transferred, by checking Unit value) if ground rent has been paid, and who is buying. The land in Zambia belongs to the State, and can only be purchased by Zambians, Zambian companies, established residents or investors. This application is lodged with the Commissioner of Lands and if all ground rent has been settled and all application papers are in order, the Commissioner of Lands will issue the consent to assign. While the State’s consent to assign application is being processed, the buyer and seller can finalize the deed of assignment, but the sale price stated therein will be subject to the State’s consent for the sale at that price. The documentation shall include: (i) the consent application, (ii) consent fees, (iii) buyer’s details such as nationality, address, etc. to show he qualifies to purchase property. Page 22
Doing Business 2018 Zambia 5 The seller settles the Property Transfer Tax with the Zambian Revenue 7 days 5% of the Authority (ZRA) consideration of the Agency : Zambian Revenue Authority transaction or the The Property Transfer Tax Act, CAP340, provides that whenever property is transferred, value of the property, Property Transfer Tax (PTT) is charged upon and collected from, the person transferring whichever is higher. the property (transferor) on the Realizable Value (i.e. Open Market Value or Contract Price, whichever is higher). The Property Transfer Tax (Amendment) Act, of 2015, has reduced the rate of the PTT to 5% of the Realizable Value, effective from January 1st, 2016. The Zambian Revenue Authority assesses if the value of the property is correctly stated in the deed of assignment and then it will produce a clearance certificate which is valid for 6 months. The tax is payable by the transferor. PTT filings require the following documentation: • NRC/Certificate of Incorporation of both the BUYER & SELLER; •State/Council CONSENT (obtained in Procedure 3); •Seller’s TPIN #; •Contract of Sale/Deed of Gift or Transfer (obtained in Procedure 1); •Lawyer’s STAMP (where dealing as an Advocate of EITHER party); •VALUATION REPORT (for ALL transactions above ZMW 500,000). Both a receipt for the payment of the Property Transfer Tax and the Tax Clearance Certificate are obtained in this step. 6 The purchaser lodges the assignment for registration at the Lands and 25 days 1% of property value Deeds Registry to complete the process (registration fee) with Agency : Registry of Lands and Deeds a maximum of The documentation shall include: ZMW15,000 + ZMW 166.80 for the Deed Seller’s title deeds (Certificate of Title) of Assignment and an authentic copy (276 Executed assignment in duplicate Fee Units x 0,3 Fee State’s consent to assign (obtain in Procedure 3) Unit Value x 2) Receipt for payment of Property Transfer Tax (obtained in Procedure 4) Tax Clearance Certificate (obtained in Procedure 4) Form DR53 (gives brief details of the transaction, such as seller, buyer, consideration, property number, rentable value, etc.) Receipt for payment of transfer fees In June 2008, the Government of Zambia, following a survey done in 2007 to understand the reason of the backlog at the Lands Registry, implemented a Customer Service Relation Centre and also fully computerized the Land Registry. The Statutory Instrument No. 53 of 2013 on July 21st, 2013 established a maximum fee of ZMW 15,000 for the registration of assignments and transfers. Takes place simultaneously with previous procedure. Page 23
Doing Business 2018 Zambia Details – Registering Property in Zambia – Measure of Quality Answer Score Quality of the land administration index (0-30) 7.0 Reliability of infrastructure index (0-8) 0.0 What is the institution in charge of immovable property registration? Lands and Deeds Registry (Ministry of Lands, Natural Resources) 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: The Survey Department (Ministry of Lands, Natural Resources) 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) 1.5 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, 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 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, in person 0.0 and if so, how? Page 24
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