103720 SURVEY COST OF DOING BUSINESS 2015 Chisinau, January 2016 Developed by: NGO Rural Economic Development Center PROMO-TERRA Contents 2 Cost of Doing Business 2015 Contents ABBREVIATIONS .......................................................................................................................................................................................... 7 EXECUTIVE SUMMARY ................................................................................................................................................................................. 8 PURPOSE OF THE STUDY ...........................................................................................................................................................................11 METHODOLOGY .........................................................................................................................................................................................12 1. OVERALL INDICATORS ........................................................................................................................................................................14 Regulatory environment – general considerations ............................................................................................................. 14 General time indicator ........................................................................................................................................................ 15 General perception of the changes in the business environment ........................................................................................ 16 General assessment of various business aspects ................................................................................................................. 17 2. REGISTRATION PROCEDURE ...............................................................................................................................................................18 Regulatory framework ........................................................................................................................................................ 18 Amount of time required to complete registration procedures ........................................................................................... 19 Costs of registration procedures ......................................................................................................................................... 20 Perception of procedures .................................................................................................................................................... 21 Summary of analysis .......................................................................................................................................................... 21 3. CONSTRUCTIONS .................................................................................................................................................................................23 Regulatory framework ........................................................................................................................................................ 23 Costs and time spent to obtain construction authorisations ................................................................................................ 24 Perception of procedures .................................................................................................................................................... 25 Summary of analysis .......................................................................................................................................................... 26 4. LICENSING ............................................................................................................................................................................................27 Regulatory framework ........................................................................................................................................................ 27 Number of licenses ............................................................................................................................................................. 28 Costs to obtain a license ..................................................................................................................................................... 28 Perception of procedures .................................................................................................................................................... 29 Summary of analysis .......................................................................................................................................................... 30 5. OBTAINING AUTHORISATIONS ............................................................................................................................................................31 Overall regulatory framework ............................................................................................................................................ 31 Costs to obtain authorisations ............................................................................................................................................. 32 Perception of procedures to obtain an authorisation ........................................................................................................... 33 Summary of analysis .......................................................................................................................................................... 34 6. EQUIPMENT .........................................................................................................................................................................................35 7. TRADING ACROSS BORDERS ................................................................................................................................................................36 Regulatory framework ........................................................................................................................................................ 36 Import transactions ............................................................................................................................................................. 37 Certification costs of imported goods ............................................................................................................................ 37 Customs costs ................................................................................................................................................................ 37 Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Contents 3 Cost of Doing Business 2015 Perception of import procedures .................................................................................................................................... 38 Export transactions ............................................................................................................................................................. 39 Costs of customs procedures .......................................................................................................................................... 39 VAT return ..................................................................................................................................................................... 39 Assessment of export procedures ................................................................................................................................... 39 Summary of analysis .......................................................................................................................................................... 40 8. CERTIFICATION OF GOODS AND SERVICES ..........................................................................................................................................41 Regulatory framework ........................................................................................................................................................ 41 Certification costs ............................................................................................................................................................... 41 Perception of certification procedures ................................................................................................................................ 42 Summary of analysis .......................................................................................................................................................... 43 9. SANITARY CERTIFICATION ..................................................................................................................................................................44 Regulatory framework ........................................................................................................................................................ 44 Procedure for obtaining health certificates ......................................................................................................................... 44 Perception of procedure for obtaining a health authorisation ............................................................................................. 45 Summary of analysis .......................................................................................................................................................... 46 10.INSPECTIONS .......................................................................................................................................................................................47 Regulatory framework ........................................................................................................................................................ 47 Number and duration of inspections ................................................................................................................................... 47 Expenses incurred after the inspections.............................................................................................................................. 48 Perception of number of inspections and difficulties ......................................................................................................... 48 Summary of analysis .......................................................................................................................................................... 49 11.TAXES ..................................................................................................................................................................................................52 Regulatory framework ........................................................................................................................................................ 52 Administration of taxes ...................................................................................................................................................... 52 Major problems in paying taxes ......................................................................................................................................... 53 Summary of the analysis .................................................................................................................................................... 54 12.PRICE REGULATION ............................................................................................................................................................................55 Regulatory framework ........................................................................................................................................................ 55 Price regulation status today............................................................................................................................................... 55 Perception of price regulation ............................................................................................................................................ 55 Summary of the analysis .................................................................................................................................................... 55 13.REGULATION OF LABOR RELATIONS ...................................................................................................................................................57 Regulatory framework ........................................................................................................................................................ 57 Availability of labor force .................................................................................................................................................. 57 Summary of the analysis .................................................................................................................................................... 58 14.EXECUTION OF CONTRACTS ................................................................................................................................................................59 15.PROMOTION OF PERSONAL INTERESTS OF PUBLIC EMPLOYEES ........................................................................................................60 16.EVALUATION OF THE JUDICIARY SYSTEM ..........................................................................................................................................61 Regulatory framework ........................................................................................................................................................ 61 Methods used to settle disputes .......................................................................................................................................... 61 Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Contents 4 Cost of Doing Business 2015 Assessing the efficiency of using courts............................................................................................................................. 62 Summary of the analysis .................................................................................................................................................... 62 17.PHYTOSANITARY CERTIFICATION ......................................................................................................................................................63 Regulatory framework ........................................................................................................................................................ 63 Procedure for obtaining phytosanitary permits (certificates and permits) .......................................................................... 63 Perception of the sanitary permit obtaining procedure ....................................................................................................... 64 Summary of the analysis .................................................................................................................................................... 65 CONCLUSIONS ............................................................................................................................................................................................66 Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Tables and Figures 5 Cost of Doing Business 2015 List of Tables: Table 1. Companies participating in the survey distributed by regions .................................................................................. 14 Table 2. Sample distribution by legal form of business .......................................................................................................... 15 Table 3. Sample structure by number of employees ............................................................................................................... 15 Table 4. Sample distribution by type of business operations .................................................................................................. 15 Table 5. Average time spent on registration process in the last three years ............................................................................ 20 Table 6. Time to complete the primary registration procedure, by government institutions, in the last three years............... 20 Table 7. Time on the procedure to modify in the incorporation documents, by government body, in the last three years .... 20 Table 8. Registration-related issues ........................................................................................................................................ 21 Table 9. Time and registration costs in recent years ............................................................................................................... 22 Table 10. Time and costs to obtain authorisations to commence reconstruction works ......................................................... 25 Table 11. Time and costs for obtaining authorisations to place into service the reconstruction works .................................. 25 Table 12. Issues relating to obtaining authorisations for reconstruction and repairs .............................................................. 26 Table 13. Average amount of time to obtain an authorisation, days ....................................................................................... 26 Table 14. Average costs of obtaining a license ....................................................................................................................... 29 Table 15. Difficulties concerning the licensing process ......................................................................................................... 29 Table 16. Evolution of costs related to licensing activities ..................................................................................................... 30 Table 17. Average costs incurred by the interviewed companies to obtain an authorisation .................................................. 33 Table 18. Problems arising from the process of obtaining authorisations .............................................................................. 33 Table 19. Costs to obtain authorisations ................................................................................................................................. 34 Table 20. Comparing the time and costs for obtaining an authorisation for equipment ......................................................... 35 Table 21. Costs and time required for customs import procedures ......................................................................................... 38 Table 22. Greatest difficulties on import ................................................................................................................................ 38 Table 23. The most important issues related to export ........................................................................................................... 40 Table 24. Evolution of procedures and regulations on import-export procedures .................................................................. 40 Table 25. Certification costs ................................................................................................................................................... 41 Table 26. Average costs of certification ................................................................................................................................. 42 Table 27. Problems encountered in the certification process .................................................................................................. 42 Table 28. Evolution of product certification procedures ........................................................................................................ 43 Table 29. Average costs incurred by interviewed companies to obtain a health certificate .................................................... 45 Table 30. Problems encountered in obtaining health authorisations ....................................................................................... 45 Table 31. Evolution of procedures for obtaining a health authorisation ................................................................................. 46 Table 32. Number and average time of controls ..................................................................................................................... 47 Table 33. Share of companies that made payments following inspections over the last year ................................................. 48 Table 34. Objectivity of public employees ............................................................................................................................. 48 Table 35. Purposes of the inspection visits ............................................................................................................................. 49 Table 36. Evolution of the share of inspected companies ....................................................................................................... 49 Table 37. Evolution of the frequency of inspections (calculated only for companies verified by respective authority) ........ 50 Table 38. Evolution of inspection frequency (calculated for all companies included in the sample) ..................................... 50 Table 39. Evolution of inspections ......................................................................................................................................... 51 Table 40. Number of accountants required to ensure timely and accurate payment of taxes ................................................. 52 Table 41. Time spent to submit a report, hours ...................................................................................................................... 53 Table 42. Taxes generating more problems ............................................................................................................................ 53 Table 43. Problems faced in the taxation system .................................................................................................................... 54 Table 44. Comparison of the tax administration system ......................................................................................................... 54 Table 45. Methods of state intervention in price formation .................................................................................................... 55 Table 46. Price regulation in the Republic of Moldova .......................................................................................................... 56 Table 47. Evaluation of labor force availability ..................................................................................................................... 57 Table 48. Assessment of main issues related to labor force regulation .................................................................................. 58 Table 49. Monitoring execution of contracts in the Republic of Moldova ............................................................................. 59 Table 50. Methods to solve problems ..................................................................................................................................... 61 Table 51. Reasons for not addressing the courts ..................................................................................................................... 62 Table 52. Efficiency of addressing the courts ......................................................................................................................... 62 Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Tables and Figures 6 Cost of Doing Business 2015 Table 53. Average costs incured by the businesses interviewed in order to obtain a phytosanitary permit .......................... 64 Table 54. Problems faced during the process of obtaining phytosanitary permits .................................................................. 64 Table 55. Comparison of main indicators ............................................................................................................................... 69 List of figures: Chart 1. Share of time spent to satisfy regulatory compliance ............................................................................................... 16 Chart 2. Assessment of changes in the business environment ................................................................................................ 16 Chart 3. Difficulties encountered ............................................................................................................................................ 17 Chart 4. Share of enterprises that have turned to the State Registration Chamber over the last three years ........................... 19 Chart 5. Problems faced by business entities upon the registration procedure over the last three years ................................ 21 Chart 6. Perception of changes in procedures governing the use of premises ........................................................................ 25 Chart 7. Issues relating to obtaining authorisations for construction and repair ..................................................................... 26 Chart 8. Changes in the number of licenses ............................................................................................................................ 28 Chart 9. Perception of changes in the licensing process, % .................................................................................................... 29 Chart 10. Issues related to licensing ....................................................................................................................................... 30 Chart 11. Perception of changes in the authorisation obtaining process ................................................................................. 33 Chart 12. Problems arising from the process of obtaining authorisations .............................................................................. 34 Chart 13. Perception of changes in import procedures ........................................................................................................... 38 Chart 14. Perception of difficulties related to import transactions ......................................................................................... 39 Chart 15. Perception of changes in export procedures ............................................................................................................ 39 Chart 16. Evolution of changes in the certification procedures .............................................................................................. 42 Chart 17. Exporters' perception of difficulties related to certification procedures ................................................................. 43 Chart 18. Changes in the process of obtaining health certificates .......................................................................................... 45 Chart 19. Problems encountered in obtaining health authorisations ....................................................................................... 46 Chart 20. Evolution of procedures for obtaining a health authorisation ................................................................................. 46 Chart 21. Evolution of the number of inspections .................................................................................................................. 48 Chart 22. Evolution of procedures related to inspections ....................................................................................................... 49 Figure 23. Taxes generating more problems ........................................................................................................................... 53 Figure 24. Evolution of taxation system ................................................................................................................................. 54 Figure 25. Companies that had to settle disputes .................................................................................................................... 61 Figure 26. Changes in the process of obtaining a sanitary permit .......................................................................................... 64 Figure 27. Problems faced in the process of obtaining phytosanitary permits ........................................................................ 65 Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Abbreviations 7 Cost of Doing Business 2015 Abbreviations NRAECIT National Regulatory Agency for Electronic Communications and Information Technology NAER National Agency for Energy Regulation NBM National Bank of Moldova NBS National Bureau of Statistics BCC Broadcasting Coordinating Council SRC State Registration Chamber NAC National Anticorruption Center NHIH National Health Insurance House NSIH National Social Insurance House NCFM National Commission of Financial Market SSSPH State Service for the Supervision of Public Health VAT Value Added Tax USD American Dollars Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Executive summary 8 Cost of Doing Business 2015 Executive summary Survey timeframe This research was conducted with the support of the Ministry of Economy, according to the methodology provided by the World Bank. Similar studies have been carried out annually since 2002. The data was collected throughout October-November 2015. The research timeframe covers: registration, constructions, foreign trade, and purchase of equipment - the last three years, legal environment - the last two years. Other areas - the year past or the time of questioning. Method Initial data were collected based on structured questionnaires approved in advance by our partners. Managers were asked questions in face-to-face interviews set up at their business offices. Businesses have been randomly selected from the total number of companies in Moldova, currently functioning. The data was analysed based on the SPSS software. To ensure the representativeness of the obtained results, the high dispersion series outliers were removed. In some cases the median was used to distinguish the central tendency. Indicators were calculated by overall country, region, type and size of business. The report contains only relations bearing some sort of relevance. Average indicators with values displaying very large dispersions due to the low number of respondents were not included in the report. Sample The sample covers 634 companies, excluding agricultural enterprises, individuals and banking institutions. The sample does not contain enterprises located on the left bank of Nistru river. Representativeness has been verified by four criteria: legal form, number of employees, field of activity and geographic location. More than 67% of the surveyed businesses were located in Chisinau. Most entities (94%) are limited liability companies. Companies employing more than 10 people accounted for 80% of the total. General time indicator The general time indicator is an overall estimate of government's involvement in the activity of businesses, as perceived by business managers. In 2015 the indicator fell to 10,4%. Throughout 2009- 2015 this indicator has not changed significantly, fluctuating between 9,9-11,3%. Registration The study showed an increase in the time spent on the primary registration of a company with the required institutions, from 10 to 12 days. However, registration modifications in the incorporation documents take 1,3 days fewer compared to 2013. The amount of time also includes the post- registration operations. Registering with SRC takes on average 7 days, modifications take 5 days. The registration costs have not confirmed a trend in recent years. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Executive summary 9 Cost of Doing Business 2015 Constructions Only 29% respondents have moved to new premises, of which only 7% have built them (2% of the total). 75% of companies have turned to planning offices for various coordination, obtaining permissions, and support in releasing the premises into use. Thus, only 0,5% of the surveyed companies were faced with the need to obtain permits by themselves, this field becoming one with limited impact. Licensing Around 47% of the businesses surveyed had licenses at the time of questioning. Their share tends to decrease in the last six years. The average number of licenses has almost not changed throughout 2009 to 2015– 1,4 per company. Both the time ( from 14 to 11 days) and the cost to obtain a license have declined. About 8% said they had paid bribes to facilitate the process of obtaining a license. Authorisations Almost half (49%) of businesses in Moldova have to obtain an authorisation for their current activity. Compared to previous years, the share dropped significantly. The time spent to obtain an authorisation has slightly decreased from 13 to 12 days (15 days in 2013). Costs have increased slightly from 77 to 90 US dollars, but are well below the year 2013 - 215 USD. Certification of equipment Only 2% of respondents had to obtain certificates to start using the equipment. Time spent on getting an authorisation for this has been stable in 2012-2015. Import Importers needed 9,7 days to certify their goods. The procedure took less time compared to 2014, but longer than in 2012-2013. The cost of obtaining the certificate was 76 USD, similar to its cost in 2013. The average time spent on a customs procedure decreased in 2012-2015 from 2,7 to 1,5 days. Related costs stood at 136 USD. Export Procedures required for export transactions took an average 2,1 days, without changes over the last two years. The procedures cost 37 USD. Certification of goods and services Almost 11% of the surveyed companies had certified batches of goods. The certification procedure took, on average, 8,6 days - 3,5 days faster than in 2012. Costs stood at 57 USD, the lowest level throughout 2011-2015. About 6% of the companies surveyed have certified batch manufactured goods. The certificate took 13,2 days to obtain - 1,5 days longer than in 2013. The cost stood at 63 dollars, considerably lower compared to 2011-2013. Sanitary certification A third of respondents had to obtain sanitary (health) certificates. Their share has declined continuously over the past five years. The certificate is obtained in 9 days, 1,4 days faster than in 2014. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Executive summary 10 Cost of Doing Business 2015 Controls In 2015 the average number of visits to a company decreased from 6,5 to 3,8 visits. However, the cumulative time spent by inspectors at a company has increased from 4,5 to 7,6 days. Taxes Almost 64% of the enterprises surveyed employ full-time accountants to calculate and pay all taxes on time. The average number of full-time accountants was 1,2. Both indicators have not changed compared to 2013. Price regulation The share of enterprises subject to price regulation has declined continuously since 2010. Only 12% of managers said that the government intervenes in pricing the company's products. The sales volume at regulated prices decreased twice compared to 2013. Regulation of labour relations Regulation of labour relations does not pose major problems. About 8% of respondents mentioned staff surplus, the highest level in 2009-2015. Contract monitoring In about 5% of cases the government intervened in the process of contract signings. With small deviations, this share was seen at the same level over the past eleven years. Legal system Around 21% of participants had to settle some disputes over the past two years. The share has increased compared to 2014. 46% of them took to the courts to deal with conflicts. In 34% of cases they have resorted to various informal, but legal methods. In 14% of cases companies were forced to resort to illegal methods to settle the conflicts. Phytosanitary certification The phytosanitary certification has a much smaller involvement compared to the sanitary (health) or compliance certificates. Only 7% of respondents had to obtain phytosanitary certificates. The process took 2 days, entailing a cost of 35 USD. It is worth mentioning that agricultural companies were excluded from the sample, which could have increased the share of companies affected by the respective regulatory field. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Purpose of the study 11 Cost of Doing Business 2015 Purpose of the study The main purpose of this study is to monitor the business environment and assess the impact government policies and the regulatory requirements have on businesses operating in Moldova. The project was carried out based on the following goals:  Providing the Government of the Republic of Moldova and the national and international institutions with quantitative data on the cost incurred by businesses to comply with government regulations.  Provide support to the Government of Moldova on quality policy analysis with a view to implement the necessary decisions to improve business and investment climates in Moldova.  Assist the civil society institutions that make recommendations and need to monitor their impact.  Establish a tool to monitor the evolution of business environment and the impact of the measures taken to reduce barriers and corruption in business. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Methodology 12 Cost of Doing Business 2015 Methodology Selection of companies With a view to select businesses for interview a database was created comprising all companies operating at the time of questioning, excluding companies engaged mainly in agriculture, financial institutions and individual enterprises. The database does not contain legal persons that do not carry out economic activities: nongovernmental organizations, community associations, educational institutions, housing associations and others. The selection of companies to be excluded was carried out based on CAEM-2 codes. The regulatory framework of these companies is specific and does not comply with the purpose of this study. Using the SPSS programme, a sample of 600 companies was randomly generated for the survey. Each company had equal chances to be selected. The sample was tested in terms of representativeness, using four criteria: region (rayon), field of activity, legal & organizational form and number of employees. In several instances, no representatives of the company could be found at the legal address. Using the information found on the internet or the landline telephone numbers, interviewers travelled to the premises where the activity itself was carried out. Businesses that could not be found at both addresses were excluded from the sample. In some cases at the company premises could not be found a person entitled to provide information or the representative refused to talk to the interviewers. In all cases, companies where the interviewing was not possible were excluded from the sample and replaced by another without affecting its structure. The refusal rate was 47%, almost half of which were businesses that had not been found at the specified address. The rate has not changed significantly in the last 10 years: in 2006 it stood at 48%, in 2014 - at 49%. A higher refusal rate is found in the Municipality of Chisinau. Interviewing The interviewing was conducted by trained persons in face-to-face discussions, at the headquarters of the companies surveyed. Where possible, respondents were informed in advance about the interviewer's visit. The interviews unfolded based on questionnaires structured by areas of interest. Respondents were informed about the purpose of the study. Verifying the quality of the data collection In order to ensure the quality of the data collection process, around 10% of the businesses surveyed were contacted randomly. Following a short conversation on the phone, it was verified that: 1. The interviewer has indeed discussed with an official of the company 2. The answers to some questions correspond with those noted in the questionnaire. Data processing Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Methodology 13 Cost of Doing Business 2015 The statistical data in the survey was analysed using the SPSS software. The average data was calculated only for respondents who provided answers to the questions. For example, the average cost of transport was calculated only for respondents who incurred such expenses. The average total cost is the average of component costs, weighted by the number of respondents who incurred such expenses. Where reasonable, the indicators were calculated both countrywide, by regions, type of activity, business size. The report presents only classifications that suggest some type of correlation. Indicators with incomplete answers or non-representative indicators were not included in the report. For areas such as "export regulation", "obtaining a construction authorisation" and "regulation of purchase and use of production equipment", where the respondent volume is insignificant, only the synthetic indices were calculated countrywide. Exchange rate, MDL for 1 U.S. Dollar The following exchange rates established by the National Bank were used in the study: 2013 - 12,59 2014 - 14,04 january-november 2015 - 18,72 october-november 2015 - 19,95 Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Overall Indicators 14 Cost of Doing Business 2015 1. Overall Indicators Regulatory environment – general considerations On January 1, 2008 entered into effect the Law no. 235 of 20.07.2006 on "Basic principles governing business operations" (Guillotine II). Under this law were set out important principles aimed at reducing the burden of entrepreneurship management: 1. The tacit approval to start and run a business - where the public administration authority and/or other authorized regulatory and control institutions do not send a notice on the issue or renewal of the authorisation/license within the deadline set by law. 2. Control of business activities, except for financial and tax, is only advisory and can only occur in cases established by law. 3. Costs of services and documentation issued by government authorities and other regulatory and supervisory institutions are set out by laws. 4. Technical and health conditions, standards and other documents are compulsory if set out by laws. 5. Handling doubts of law enforcements in favour of the entrepreneur. In order to amend and supplement the regulatory framework in compliance with Law no. 235, the Parliament developed and approved Law no. 280-XVI of 14.12.2007 and Law no. 281-XVI of 14.12.2007. Law no. 160 of June 22, 2011 on "Regulation through authorisation of business activity" and Law no. 162 of 22 July 2011 on “Amendment and Supplement of certain legislative acts” establish the Nomenclature of permissive documents, as well as sanctions against persons in key positions who delay the release of permissions or require measures that are not set out in the Nomenclature (Guillotine II+). Sample The sample includes 634 businesses across the country except those located on the left bank of Nistru. In order to make comparisons by regions, rayons were grouped into four regions: Table 1. Companies participating in the survey distributed by regions Region Share, % Chisinau 67,1 North 11,5 Centre 15,2 South 6,2 TOTAL 100,0 Similar to previous surveys, limited liability companies made up more than 90% of the total number of enterprises surveyed (see Table 2). Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Overall Indicators 15 Cost of Doing Business 2015 Table 2. Sample distribution by legal form of business Legal form Share, % Limited liability companies 93,8% Joint stock companies 3,6% Government or public enterprises 0,9% Other 1,6% Total 100,0% The structure of sample by number of employees follows the distributions observed in the overall staff composition. About 80% is represented by companies with up to 10 employees (see Table 3). Table 3. Sample structure by number of employees Number of employees Share, % 1 – 10 80,1% 11 – 50 15,5% 51 – 200 3,6% > 200 0,8% Total 100,0% Almost 40% of the surveyed companies are involved in trading. The share of companies in the service industry was 31,1%. Table 4. Sample distribution by type of business operations Area of activity Share, % Food industry 2,7 Constructions 7,7 Other industries 9,9 Trade 38,8 Transport 9,8 Other services 31,1 Total 100,0 General time indicator The general time indicator is a synthetic index broadly describing the influence of government bodies over the company. It represents the perception of the time the company management spends to communicate with the representatives of the government bodies. Throughout 2010-2015 the indicator has not changed, moving between 10% and 11%. The absolute value of the indicator is relevant to a limited extent. However, its evolution is important. (see Chart 1). Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Overall Indicators 16 Cost of Doing Business 2015 Chart 1. Share of time spent to satisfy regulatory compliance 18% 16% 14% 12% 10% 8% 17% 16% 13% 14% 10.4% 6% 11.2% 11.3% 9.9% 10.2% 10.0% 10.7% 4% 2% 0% 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 General perception of the changes in the business environment The respondents' perception on the changes in the business environment has returned to its level of 2013. Chart 2. Assessment of changes in the business environment 0% 20% 40% 60% 80% 100% 2005 35% 45% 21% 2006 34% 40% 25% 2007 30% 47% 24% 2008 32% 53% 15% 2009 42% 53% 5% 2010 26% 52% 22% 2011 33% 42% 25% 2012 36% 45% 18% 2013 33% 49% 18% 2014 46% 43% 11% 2015 30% 55% 15% Worse Same Better It is useful to note that improvements in the business environment were observed better in the Municipality of Chisinau and closer rayons. The share of respondents who mentioned improvements in the north and south was below 8% per total. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Overall Indicators 17 Cost of Doing Business 2015 General assessment of various business aspects Companies were asked to assess the difficulties incurred, by key features of business environment, on a scale of 1 to 5, where 1 - incur no difficulties, 5 - incur significant difficulties. The importance of issues has barely changed over the last year. The chart below shows the development over the last four years of the regulatory fields in terms the impact on businesses. Chart 3. Difficulties encountered 4 3.5 3.1 2.8 2.9 3 2.7 2.6 2.7 2.5 2.4 2.5 2.5 2.3 2.2 2.1 2 2 1.5 1 0.5 0 Constructions requesting favours Tax system Licensing Unfair competition employees’ interests Law applied selectively unofficial payments Certification of goods Frequent changes in Registration Inspections Authorisations Public employees The need to make Promoting public legislation 2012 2013 2014 2015 The biggest problems arise from the process of obtaining authorisations and the tax system, in particular the frequent changes in the legislation. The evaluation was requested from all companies and reflects the general opinion, not only of the companies that have been affected by respective regulations. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Registration procedure 18 Cost of Doing Business 2015 2. Registration procedure Regulatory framework The Registration Chamber has the authority to record start-ups and changes in the incorporation documents. The procedures are regulated by Law no. 220-XVI of 19.10.2007 "On government registration of legal entities and individual entrepreneurs" (effective from 30.05.2008). To register a business, the following documents are required: a) application for registration, compliant with the sample approved by the government registration body; b) decision on incorporation and incorporation acts of the business, depending on its legal form, in two copies; c) a document confirming the payment of the registration fee. To register their business with the government, foreign-funded legal entities are required to submit additional documents: a) except from the national register of investor's resident country; b) incorporation acts of the foreign legal entity; The Law no. 127 of 18.06.2010 establishes that the acts issued by public authorities required for registration are verified according to the single window principle. I.e. the government registration authority cooperates with public authorities to obtain the necessary clearances and information to officially register the legal entity and individual entrepreneurs. They also submit electronically the information on the registration with no involvement on behalf of the registrant. The maximum period of registration is 5 business days from the date all the necessary paperwork was filed. The primary registration of legal entities and the registration of changes in the acts of incorporation are charged 250 lei. Other services related to government registration are carried out for an amount established by the Government. The State Registrations Chamber submits either on paper or electronically to the National House of Social Insurance, the National House of Health Insurance, National Bureau of Statistics and Tax Inspectorate the information on the registration, reorganization or liquidation of the legal entity or of the individual entrepreneur. The Chamber also submits the changes in their incorporation acts within 3 working days from the registration date. The Law no. 235 of October 26, 2012 has:  introduced the concept of passive legal entity - a legal person that has operated following the registration, but did not submit tax reports in the last 12 months, as established by law;  established the way other government bodies may request information from the National Register: electronic form only;  eliminated the need to submit the criminal record of the founders - foreign natural persons; Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Registration procedure 19 Cost of Doing Business 2015  eliminated the need to submit the authorization to relevant authorities where the legal person was set up by reorganization of a state enterprise, companies whose registered capital has a quota of government property, business unions, associations, holdings, transnational corporations, industrial-financial groups, financial institutions, educational institutions, museums, theaters, circuses, concert organizations, science and innovation organizations, health and balneo-sanatorial institutions. The Law no. 90 of May 29, 2014 (published on 27.06.2014) simplifies procedures of ceasing activity, reorganization and liquidation of a company. The Law also reduced the waiting period from the moment the notice has been published in the Official Gazette. Amount of time required to complete registration procedures Around 22,2% companies had contacted the State Registration Chamber over the last 3 years. About 40% of them had registered their business and 60% have made changes to the incorporation documents. Some 33,8% had used intermediaries to register or amend the incorporation documents. The share has insignificantly changed compared to previous periods. During the analyzed period the registration process took 12,1 days. Managers spent 10,6 hours on registration procedures. Chart 4. Share of enterprises that have turned to the State Registration Chamber over the last three years Registration 9% Modificatio ns 13% Have not filed for anything 78% The amount of time required to make changes in the registration documents was 6,9 days. Procedures took 7,3 hours to complete. The above figures measure the time starting from the moment the documents have been officially filed with the State Registration Chamber, specifically the moment the SRC representative decided that the documents comply with the laws. These figures do not cover the cases where companies have turned to an intermediary. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Registration procedure 20 Cost of Doing Business 2015 Table 5. Average time spent on registration process in the last three years Procedure Share of respondent Time, days Time, hours economic entities, % Registration 40% 12,1 10,6 Changes in the registration documents 60% 6,9 7,3 It took about 7 days from the moment the paperwork was filed with the Registration Chamber to obtain the registration documents. Most of the managers registering a new business had to register the company with all institutions - State Registration Chamber, Department of Statistics and Sociology, Tax Inspectorate, National Health Insurance House and National Social Insurance House. Table 6. Time to complete the primary registration procedure, by government institutions, in the last three years Duration Time spent Government body Reported, % days Reported, % hours State Registration Chamber 97 7,1 91 4,8 Statistics and Sociology Department 58 2,2 61 2,0 Tax Inspectorate 80 2,0 74 2,7 National Health Insurance House 67 1,7 72 2,2 National Social Insurance House 64 1,9 67 2,2 The amount of time spent to make changes in the incorporation documents was considerably lower - 5,0 days. Most of the changes in the incorporation documents had to be registered only with the State Registration Chamber. Table 7. Time on the procedure to modify in the incorporation documents, by government body, in the last three years Duration Time spent Government body Reported, % days Reported, % hours State Registration Chamber 86 5,0 91 3,9 Department of Statistics and Sociology 22 2,4 26 2,0 Tax Inspectorate 41 2,6 53 3,1 National Health Insurance House 22 2,0 30 2,6 National Social Insurance House 22 2,2 30 2,7 Most of the time spent by managers during the registration process was with the State Registration Chamber - 5 hours. Registering entries with other institutions took 2-3 hours each. Modifications in the documents took less time - 3,9 hours with the State Registration Chamber. Less time was spent with other institutions: between 2 and 3,1 days. Costs of registration procedures Primary registration of a company with the State Registration Chamber cost owners around 99$. An insignificant number of respondents mentioned payments to other institutions. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Registration procedure 21 Cost of Doing Business 2015 Costs incurred to make changes in the registration documents are lower. In the past 3 years managers have paid around 66$ to the State Registration Chamber. Perception of procedures Respondents who registered or modified incorporation documents during the last three years were asked to assess the problems encountered by scoring from 1 to 5, where 1 - no issues and 5 - major issues. The table below illustrates the assessment of business registration issues. Table 8. Registration-related issues Problems 2012 2013 2014 2015 Difficult registration procedures 2,3 2,2 1,7 1,9 High costs of the procedure 2,6 2,3 1,8 2,0 Required amount of registered capital 2,3 2,5 1,6 1,8 Need to prove the address of the legal entity 2,2 2,3 1,3 2,0 The need to make unofficial payments 1,3 1,9 1,2 1,7 The data represent the opinion of respondents that have registered or made changes to the incorporation documents over three years: the survey period and two previous years. No specific issues were identified in the registration process (see Table 8 and Chart 5). About one third of businesses who have changed the founders had to return the VAT invoices. Their share decreased as compared to the data observed in the 2013 study. Chart5. Problems faced by business entities upon the registration procedure over the last three years Unofficial payments 25% 60% Proving the legal address 22% 44% Amount of statutory capital 27% 51% Cost of procedures 32% 40% Difficult procedures 30% 45% -40% -20% 0% 20% 40% 60% 80% 100% Major problem Critical Insignificant Not difficult Summary of analysis The amount of time required to register a company is 12,1 days. The indicator includes registration with the SRC (7,1 days), as well as with other government institutions. The amount of time required to Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Registration procedure 22 Cost of Doing Business 2015 modify the incorporation documents - 6,9 days, out of which 5 days are spent with the State Registration Chamber. Both time and cost do not depict strong trends over the last 7 years. Changes in the results are rather caused by the wide variation of values. About one third of respondents have resorted to using intermediaries to carry out registration procedures. Most companies do not encounter difficulties in the registration process. Table9. Time and registration costs in recent years Period of survey 2011 2012 2013 2014 2015 Indicators Time to complete a registration, days 15,4 12,7 9,1 9,8 12,1 Time spent on changes in the incorporation 8,8 6,2 5,6 8,2 6,9 documents, days Registration expenses, $ 136 108 112 72 99 Expenses to amend the founding documents, $ 56 61 68 141 66 The data represent the opinion of respondents that have registered or made changes to the incorporation documents over three years: during the survey period and two previous years. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Constructions 23 Cost of Doing Business 2015 3. Constructions Regulatory framework The operations carried out by legal and natural persons in constructions are regulated by Law no. 721- XII of 2 February 1996 on Quality in Constructions. The law refers to new constructions and upgrading works, modifications, transformations, repairs and strengthening. According to the amendments introduced by Law no.153 of 30.07.2015, a construction may commence only after the project has been verified by project verifiers certified with the authorised institutions. Compliant with this law there were approved two Government Decisions on 25 June 1996: no. 360 on Government Control of Construction Quality and Government Decision no. 361 on Construction Quality Assurance. Decision no. 360 approves three regulations aimed at quality control in constructions:  The regulation establishes ways to exercise government control on quality in constructions;  Regulation of Building Inspection Agency;  Regulation on the control over the use of public investments in construction. Decision no. 361 approves the Regulation on project verifications and performing of constructions. It also approves the technical expertise of the projects and constructions. The Regulation stipulates the procedures for verification and technical expertise of the project as well as verification techniques of the construction process. The final approval is governed by Regulation on clearance of constructions and related facilities, approved 23 May 1996 by Government Decision no. 285. The Regulation stipulates that the investor must submit to the acceptance commission the opinion of fire safety and sanitation services, Department of Environmental Protection and other control bodies accompanied by an opinion on the actual completion of the work. The main responsibilities in placing the construction into service following the final approval are stipulated in the Regulation on monitoring the construction's performance, interventions over time and post-use of construction, approved 24 April 1997 by Government Decision no. 382. Law no. 835/1996 "On urban planning and territorial development" of 17 May 1996 exhaustively establishes the procedure on the issue of planning certificate and construction authorisation:  Planning certificates and construction authorisations are issued by local administration authorities. The application is accompanied by documents provided by the regulations governing the procedure for issuance of planning certificate and of the construction authorisation. The request of other documents is prohibited.  The local administration authority decides on the issue of the planning certificate and of the construction authorisation or their refusal within 15 days from the filing date. The applicant is notified about the decision on the issue of the planning certificate and of the constructions authorisation not later than the day following the decision date.  If the public administration authority remains silent for the time prescribed by law, the planning certificate and the construction authorisation will be deemed granted. If the applicant does not receive a written notification on the reasons for the registration denial and/or for the Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Constructions 24 Cost of Doing Business 2015 rejection of the application for authorisation/planning certificate, the construction may commence. The deadlines for issuing planning certificates and building or dissolution authorisations, as well as payments incurred for these are set forth in Law no. 163 of 09.07.2010 regarding the authorisation of construction works. The costs for the issue of a planning certificate or of an informative planning certificate are established annually by the decision of the local council. The cost cannot exceed 50 lei. Costs for a building/demolition authorisation cannot exceed 100 lei. Extending the validity period of the planning certificate and of the building/construction authorisation requires no additional payment. The main provisions contained in the regulation on constructions are:  The use of land plots and planning can be performed only after planning certificate has been obtained.  Construction works are performed only according to a plan developed either by an authorized natural or legal person.  Constructions can commence only following the issue of the building authorisation.  The quality of constructions of any use, regardless of their type of ownership and source of funding, as well as construction works, reconstructions, upgrading and major repairs, manufacture of construction materials and items are subject to government control.  The Government Construction Inspection carries out the quality of construction verifications in all stages of the construction (planning, design, authorisation, building progress, performance, post-use, decisive phases and manufacture of building materials and items). Costs and time spent to obtain construction authorisations According to the survey, 29% of the interviewed companies have moved into new premises in the past three years. About 7% of them had built these facilities, 22% have repaired or adjusted them, while 71% used them without making any changes. Almost 75% of respondents have turned to design companies to obtain the required permissions and advice to commence the construction works. The number of respondents who build by themselves has declined considerably in recent years. Given the small size of the sub-sample, an analysis is impossible to make:  9 companies have built new premises, turning to design companies to obtain authorisations;  3 companies have built new premises, filing by themselves for an authorisation to build or place into service. In order to obtain relevant data on the cost and amount of time required to obtain construction authorisations, we recommend that a survey be conducted among a minimum of 100 units, covering only companies that have built new premises. Obtaining permits for readjustment of premises took on average 14,4 days. Managers spent about 9,1 hours for this process. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Constructions 25 Cost of Doing Business 2015 Table10. Time and costs to obtain authorisations to commence reconstruction works Have Amount, reported USD Formal payments 80% 87 Payments for notary services 18% - Payments to lawyers and 18% - intermediaries Transportation expenses 45% 15 “Voluntary contributions” 20% - Unofficial payments 18% - After the repairs have been completed, the surveyed companies had spent 12 hours to obtain all authorisations required to place into service the renovated spaces. The total amount of time spent on procedures was 17 days. Table11. Time and costs for obtaining authorisations to place into service the reconstruction works Have Amount, reported USD Formal payments 83% 79 Payments for notary services 25% - Payments to lawyers and 13% - intermediaries Transportation expenses 43% 16 “Voluntary contributions” 15% - Unofficial payments 20% - Around 26% of the companies that used premises without modifying them, had to obtain permissions to use them. Perception of procedures About 72% respondents stated that they did not notice any changes, for good or for worse, in the construction sector. Nearly 20% said that the situation has worsened. (Chart6). Chart6. Perception of changes in procedures governing the use of premises 0% 20% 40% 60% 80% 100% 18 72 10 Worse Same Better Only 7% respondents released into service premises without obtaining the necessary authorisations to begin construction. Only two companies said they had obtained authorisation by "unofficial means". Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Constructions 26 Cost of Doing Business 2015 Respondents who started using premises in the last three years were asked to assess the issues related to obtaining construction permits by scoring from 1 to 5, where 1 - no issues and 5 - major issues. As shown in Table 12, there are no specific issues relating to obtaining authorisations. The share of those who have experienced difficulties is higher than in other regulatory areas. Table12. Issues relating to obtaining authorisations for reconstruction and repairs Problems Share Difficult procedures 2,7 Procedures taking too long 2,9 High costs 2,9 The need to make unofficial payments 2,4 Chart7. Issues relating to obtaining authorisations for construction and repair Difficult procedures -16% -9% 42% 16% Duration of procedures -23% -8% 32% 17% Cost of procedures -15% -13% 37% 9% Unofficial payments -11% -5% 36% 26% -40% -20% 0% 20% 40% 60% 80% Major problem Critical Insignificant Not difficult Summary of analysis Given the low percentage of respondents who built new premises or have renovated existing ones, we can not confirm any increasing or decreasing trends in the amount of time or costs required to obtain authorisations. Table13. Average amount of time to obtain an authorisation, days Survey period 2009 2010 2011 2012 2013 2014 2015 Activity Constructions 88 - 70 51 54 57 - Repairs/renovation 35 30 26 38 39 29 31 Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Licensing 27 Cost of Doing Business 2015 4. Licensing Regulatory framework The licensing system in Moldova is regulated by the framework Law no. 451-XV of 30 July 2001 on Licensing of Entrepreneurship, substantially amended by Law no. 281 of 14 December 2007. According to the Law no. 451/2001, holding a license is compulsory in performing 44 types of business. These licenses are issued by the following licensing bodies:  Licensing Chamber (32 types of businesses);  National Bank of Moldova (1 type of business);  National Commission of Financial Market (5 types of business);  National Energy Regulatory Agency (3 types of business);  National Regulatory Agency for Electronic Communications and Information Technology (2 types of business);  Broadcasting Coordination Council (1 type). Law no. 281/2007 of 20.06.2008 introduced the notions of:  tacit approval – a license is deemed granted or renewed if the licensing authority does not notify the applicant within the set time limits;  single window– procedure whereby the licensing authority verifies the authenticity of the information presented by the applicant/licensee without involving him/her in the process. The present study does not cover companies whose activity is regulated through licenses granted by the National Bank of Moldova and the National Commission of Financial Market. Documents required to obtain a license To obtain a license, the company files a default application with the concerned authority, containing: a) general information on business; b) type of business; c) the applicant signs an affidavit to conduct the type of business for which the license was issued and the for the authenticity of the submitted paperwork. In addition to the application for license, the following documentation is being attached: a) a copy of the certificate of state registration of the enterprise or organization; b) additional documents as provided by legislative acts regulating the licensed type of business for which the license is requested. The request of documents other than those contained in this article is prohibited. The data in the documents and the information submitted is checked through the single window procedure. The application for the license issue/renewal and the documents attached are recorded into the register. A copy of the register is sent (handed) to the license applicant, indicating the application date, authenticated by signature of the licensing authority. Issue of license or rejection of the application for obtaining a license The licensing authority decides on the issue or rejection of the application based on the application and the documents attached, within a maximum of 5 days from the registration date. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Licensing 28 Cost of Doing Business 2015 If the application for obtaining a license is rejected, the applicant may file a second application after removing the causes that led to rejection. The license shall be deemed granted if the licensing authority does not notify the applicant within the terms provided by law. If the cumulative deadline set to notify the applicant on the rejection or approval of the licensing application or on its registration expires, the applicant may start to operate the business s/he requested the license for, provided there was no written notice on the refusal grounds. Tacit approval procedure applies to all licenses except those issued by regulatory authorities in the financial sector (banking and non-banking), in businesses trading firearms, ammunition and explosives. License fees The standard license fee is 3 250 MDL. License validity period Most often (29 out of 44 types), licenses are issued for a period of 5 years. Some licenses are issued for 1 year (3 types) and 3 years (1 type). The validity of licenses for businesses that do not fall under the jurisdiction of the Licensing Chamber is established by laws governing the named license activity. Law no. 26 of 13.03.2014 has introduced the e-licensing procedure. This allows the applicant, via a web interface, to send online applications of issue/renewal or requests to reissue a license. The approval or rejection of the application is also received electronically. Number of licenses Nearly half (47%) of the surveyed companies held a license at the time of questioning. In 13% of these cases the companies had two or more licenses. The average number of licenses per company is 1,4 the same as in previous years. Most license holders believe that their number per company has not changed over the last year. Chart8. Changes in the number of licenses 0% 20% 40% 60% 80% 100% 8% 82% 10% More Same Fewer The average validity period has not changed over the past year – 3,7 years. Costs to obtain a license The average amount of time required to obtain a license is around 10,6 days. The costs amount to $163, of which $139 is the fee for the issue of license. Time spent by managers to obtain a license has been relatively short - about 7,4 hours. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Licensing 29 Cost of Doing Business 2015 Table14. Average costs of obtaining a license Category of payment Have made Amount, payments, % $ Official payments / license fee 89% 139 Expertise and evaluation 23% 35 Notary services 23% 16 Lawyers and intermediaries 11% 32 Unofficial payments 15% 17 Transportation payments 45% 14 Perception of procedures Interviewed companies were asked to assess the changes that occurred in the licensing process over the last year (Chart9). Chart9. Perception of changes in the licensing process, % 0% 20% 40% 60% 80% 100% 6 85 9 Worse Same Better Most respondents believe that the situation has not changed over the past year. Respondents who had licensed activities were asked to assess issues by scoring from 1 to 5, where 1 - no issues and 5 - major issues. The evaluation results are shown in the Table bellow and Chart 10. Table15. Difficulties concerning the licensing process Potential difficulties revealed Significance Complicated regulatory procedures 2,8 Procedure takes too long to complete 3,1 High cost of obtaining a license 2,8 Need to perform unofficial payments 2,0 About 20% respondents are affected by the high cost of procedures. Only 14% of respondents deemed procedures as difficult. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Licensing 30 Cost of Doing Business 2015 Chart10. Issues related to licensing Difficult procedures -4% -10% 39% 21% Duration of procedures -5% -12% 29% 16% Cost of procedures -6% -14% 30% 21% Unofficial payments -1% -5% 25% 46% -30% -20% -10% 0% 10% 20% 30% 40% 50% 60% 70% 80% Major problem Critical Insignificant Not difficult Summary of analysis The license fee has decreased over the past year (Table16), on the account of the Dollar rising against Moldovan Leu. The share of respondents who noticed improvements in this area is higher than that of respondents who say otherwise. The amount of time to obtain a license has decreased in the last 2 years. Table16. Evolution of costs related to licensing activities 2008 2009 2010 2011 2012 2013 2014 2015 Share of enterprises subject to licensing 68% 71% 61% 61% 52% 49% 37% 47% Average number of licenses 1.6 1,3 1,3 1,3 1,3 1,4 1,4 1,4 Time to obtain a license, days 18 20 22 18 16 18 14 11 Average cost, $ 301 193 270 240 266 294 401 163 Share of respondents who made 10% 15% 14% 7% 9% 8% 1% 8% unofficial payments, % Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Obtaining authorisations 31 Cost of Doing Business 2015 5. Obtaining authorisations Overall regulatory framework The notion of authorisation includes: authorisations, permits, certificates, clearances, approvals, coordination, patents, certificates of qualification issued by public authorities or the institutions legally authorized with regulatory and control functions. This chapter reviews operating authorisations, not included in other chapters. The operation authorisation is defined as a separate administrative act certifying the right to practice trading, indicating the location of the business unit or of the place open for sale. The notion of operation authorisation does not overlap the notion of license for the operations that are licensed, as required by law. Most authorisations are governing the trading operations. Pursuant to Law no. 231 of 23.09.2010 on Domestic Trade, trading operations are authorized by the first local administration authority or by the municipality of Chisinau, where the trader operates. To obtain an authorisation, the applicant files an application plus the following documents submitted in original:  a document confirming the state registration of the business entity under the applied legislation;  documents certifying the professional training of individuals (private entrepreneurs) issued by trading (economic)-profiled institutions, as authorized by law; a certification of skills acquired following the work experience in these institutions;  documents confirming the right to own or lease the business unit;  the location plan of the business (for booths, stalls and other mobile units);  consent by the sales area administrator to trade in airports, railway stations, stations and other public areas;  tenancy agreement or the authentication title of the land owner;  the operating hours of the commercial unit;  affidavit of compliance with the authorisation requirements;  catering units are required additionally to have a sanitary authorisation; animal or agricultural markets trading fresh animal products within premises need to submit a veterinary health authorisation. The local public administration authorities shall examine, within 20 calendar days, the application and other documents specified, along with the jurisdictional public authorities. Documents are to be verified on their compliance with legal provisions, under the principle of "single window". Law no. 101 of 13 December 2012 introduced the concept of combined trading. Law no. 231 of 23.09.2010 provides for the issue of operating authorisations for: Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Obtaining authorisations 32 Cost of Doing Business 2015 a) business units selling non-food goods or providing trading services (except catering), holding an ownership title for an indefinite period (for the operating period); b) business units selling food goods, including mixed selection; public catering units holding an ownership title for a 5 year period; c) business units located in leased premises - for the period set in the lease agreement, but not exceeding the period stipulated in point b) early termination of the lease agreement entails the termination of the operating authorisation; d) for mobile business units - 1 year. Authorisations in the municipality of Chisinau are issued under the Regulation on the issue of operating authorisations to trading units and businesses rendering social services throughout the municipality. This Regulation was approved by decision no. 13/4 of 27 December 2007 by Chisinau Municipal Council. The Regulation was not updated under the laws in force in the Republic of Moldova, in particular, under the Law no. 231 of 23.09.2010 on Domestic Trade. Contrary to Law no. 231 of 23.09.2010, the Regulation of the Chisinau Municipal Council provides for the request of: - sanitary authorisations for all trading units; - contract on transportation of solid waste; - a notice from the district praeture and from the general Department of architecture, urbanism and land relations; - a notice from the state supervisory body against fires for shopping centres, fuel stations, units trading flammable goods, dance clubs, discos, disco-bars, saunas; According to the decision by the municipal Council, the authorisation specifies the working program. Companies have to apply for another authorisation if they make changes in the working program. The reasons why the Town Hall can refuse to issue the authorisation or decide to withdraw it is contradictory to the Law no. 231 of 23.09.2010. Costs to obtain authorisations Almost half (49%) of businesses in Moldova are obliged to obtain authorisations for their current activity. Most of them (73%) are issued by local authorities. In order to obtain an authorisation, managers have spent on average 6,4 hours. The authorisation was obtained in 11,9 days. The cost for obtaining authorisations is approximately $90. The table below represents the distribution of costs for obtaining an authorisation by type of payment. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Obtaining authorisations 33 Cost of Doing Business 2015 Table17. Average costs incurred by the interviewed companies to obtain an authorisation Payment type Have made Amount, payments, % $ Official payments/authorisation fee 88% 85 Expertise and evaluation 16% 23 Notary services payments 14% 17 Payments to lawyers and intermediaries 11% 19 Unofficial payments 13% 19 Transport payments 49% 10 The highest share in total expenses to obtain an authorisation is held by the official payments. According to Law no. 231 of 23.09.2010 the issue of authorisations is not taxed. Perception of procedures to obtain an authorisation The interviewed businesses were asked to assess the changes in the process of obtaining an authorisation over the last year. Responses are presented in Chart 11. Chart11. Perception of changes in the authorisation obtaining process 0% 20% 40% 60% 80% 100% 13% 70% 17% Worse Same Better Most respondents have not noticed significant changes in the conditions to obtain an authorisation. The share of those who think that the situation has improved slightly exceeds the percentage of those who say otherwise. Respondents who obtained authorisations were asked to assess the difficulties posed by these procedures by scoring from 1 to 5, where 1 - no difficulties and 5 - major difficulties. The evaluation results are shown in Chart12. Table18. Problems arising from the process of obtaining authorisations Problems Share Difficult regulatory procedures 2,4 Long time to complete procedure 2,5 High costs to obtain authorisations 2,7 Exaggerated unofficial payments 1,8 Although the procedures for obtaining authorisations generate fewer problems compared to previous years, they remain too difficult (Chart12). About 18% think that procedures are difficult, and 19% - that they take too long. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Obtaining authorisations 34 Cost of Doing Business 2015 Chart12. Problems arising from the process of obtaining authorisations Difficult procedures -8% -10% 38% 26% Duration of procedures -11% -8% 34% 22% Cost of procedures -14% -9% 31% 20% Unofficial payments -4% -3% 24% 52% -40% -20% 0% 20% 40% 60% 80% 100% Major problem Critical Insignificant Not difficult Summary of analysis In recent years, the situation regarding procedures for obtaining authorisations has slightly improved. Both the share of companies having to obtain authorisations and the time to obtain them have declined. Lower costs for procedures were influenced by the MDL depreciation. Table19. Costs to obtain authorisations 2009 2010 2011 2012 2013 2014 2015 Share of companies requiring authorisations 78% 78% 80% 71% 71% 63% 49% Time to obtain an authorisation, days 16 17 13 13 15 13 12 Average cost, $ 210 283 198 224 215 77 90 According to the Law no. 231 from 23.09.2010, companies that rent spaces could request the trade authorization for a period not higher than the rent contract validity. The rent contracts for a period of three years and higher should be registered at the cadastral office, a fact that is avoided in almost all cases. Usually, the rent contracts have the validity of two years and 10-11 months. Most of small companies do not have own premises and have to request trade authorizations for a maximum period of three years. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Equipment 35 Cost of Doing Business 2015 6. Equipment About 38% of all respondents have purchased equipment over the last three years. Around 66% of them hold certificates of equipment compliance with the standards of the Republic of Moldova. Over 7% of companies holding certificates had obtained them by themselves. In all other situations the certificates have come with the equipment. Obtaining the certificate of compliance with the standards in the Republic of Moldova takes about 9,8 days. The total time spent by managers to obtain a certificate of compliance was 6,3 hours. The number of companies that had certified equipment has declined significantly. Therefore, in the current survey, only 11 companies said that they had certified by themselves the purchased equipment. The average amount of time required to obtain the certificate had a relatively low dispersion, the data being presented in Table below. Table20. Comparing the time and costs for obtaining an authorisation for equipment Survey period 2008 2009 2010 2011 2012 2013 2014 2015 Type of payments Time to obtain a certificate of compliance 12 12 13 12 10 9 11 10 with the standards in the Republic of Moldova, days The regulation on purchase and placing into service of equipment is not a widespread practice and is not perceived as an important issue. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Trading across borders 36 Cost of Doing Business 2015 7. Trading across borders Regulatory framework General provisions on customs procedures are included in the Customs Code of the Republic of Moldova, approved by Law no. 1149-XIV of 20.07.2000, reissued on 1.1.2007. All import and export procedures can be operated only after their duly registration with the Customs Service in the Republic of Moldova. The Customs Code establishes the rights and obligations of the customs broker, as well as the situations where the license of a customs broker may be withdrawn. The customs broker is not responsible for: a) failure to comply with customs destination terms appointed by the person passing goods and/or vehicles; b) violation of rules on labeling goods with excise stamps; c) performing foreign exchange operations related to the transit of goods and/or means of transport across the customs border of the Republic of Moldova; d) other actions s/he is not culpable of. Law no. 221 of 19.10.2012 introduced the mandatory vignette - road tax in Moldova for vehicles not registered in the Republic of Moldova. Repatriation of funds is a procedure also covered by import-export operations. Even if not directly related to customs procedures, it is a requirement imposed by Law, which affects the import-export process. The Law no. 1466-XIII of 29 January 1998 on "Regulation of repatriation of money funds, goods and services originating from foreign external economic transactions" refers to the notion of "repatriation of money funds". Repatriation of funds is the collection of money from non-resident businesses related to exports of goods, provision of services/works to non-residents. The term also comprises other foreign operations and transactions in accounts opened with banks licensed in the Republic of Moldova. The amount of funds must be shown in the customs declaration, while the costs of services and works - in the confirming documents (contracts, deeds of works performed or services rendered, invoice). Businesses mostly carrying out export operations face another procedure - recovery of VAT. The refund of value added tax is regulated by Government Decision no. 93 of 01.02.2013. The company has the right to choose the method of repayment: extinction of tax liability by offsetting and/or money refund. The tax authority is obliged to adopt the decision on the procedure for the refund, relying on the risk criteria stipulated in the Decision. The decision must be taken within 3 working days from the date of the application for refund was filed. The tax authority initiates the thematic control following the filing of application on behalf of the taxable subject. Applicants who meet the following four conditions are exempt from control: 1) subject of taxation has been active for at least two years; Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Trading across borders 37 Cost of Doing Business 2015 2) subject of taxation was granted refunding of VAT previously at least twice and the last VAT refund took place more than one year earlier; 3) the last thematic control on the VAT refunding revealed that the amount of refunded VAT, confirmed by the tax authority, corresponds to the amount declared by the payer; 4) during the last tax control the amounts of taxes, duties, compulsory social insurance contributions and health insurance premiums did not exceed 1% of the total deliveries made during the controlled fiscal periods. The VAT refund is made within 45 days of which 37 days are spent on control and decision making, while 8 days - for the actual refund. Import transactions About 19% of respondents carried out import operations over the past three years. On average, an importer performs 7,5 transactions per year. Both the share of companies carrying out import transactions and their frequency have declined. Certification costs of imported goods Less than half of importers (39%) were faced with the need to obtain certificates for imported goods to prove their compliance with the standards in the Republic of Moldova. In 78% cases, companies that had to obtain certificates of compliance with the standards in the Republic of Moldova had already been certified under the requirements in the country of origin. The certification of goods process took 9,7 days. The amount of time spent to obtain the certificate was 7,2 hours. Costs amounted to 76$. About 11% of respondents have paid bribes. About 24% of respondents that had to obtain certificates of compliance with the standards in the Republic of Moldova for their imported goods mentioned cases where their goods have been blocked in customs because they lacked certificates of compliance. Almost 20% of respondents that had to obtain certificates of compliance with the standards in the Republic of Moldova for their imported goods agreed with the customs officers to present the certificate later. Both shares are lower compared to two years ago. About 27% importers had to obtain sanitary authorisations for imported goods, slightly fewer compared to the previous period. After importing goods, companies needed 2,8 days to receive sanitary certificates. The time used to obtain a certificate was 3,7 hours. Customs costs In the last three years, customs procedures took 1,5 days to complete. Expenses on customs procedures haven't changed either in the last 4 years, standing at 136$. Most of the amount sums up the official fees. Costs, expressed in MDL, increased by 20%. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Trading across borders 38 Cost of Doing Business 2015 Table21. Costs and time required for customs import procedures Type of payment Have made Average amount payments, % $ Days 100 1,5 Official payments, $ 100 114 Penalties (incl. confiscations) 19 66 Other payments (incl. 20 45 unofficial) Total costs, $ 100 136 Perception of import procedures Opinions on business activities related to imports were divided. More than 11% respondents claimed that the environment has worsened, other 19% stated the opposite. Chart13. Perception of changes in import procedures 0% 20% 40% 60% 80% 100% 11% 70% 19% Worse Same Better Unequal conditions, high costs and indicative prices are the main difficulties mentioned by importers. Table22. Greatest difficulties on import Survey period Elements 2011 2012 2013 2014 2015 Banning the import of certain types of goods 1,8 1,7 2,2 1,6 1,9 Difficulties in obtaining permits and licenses 2,2 2,1 2,4 1,6 2,1 Difficulties in certification 2,2 2,3 2,7 1,6 2,3 Customs procedures 3,1 3,2 3,0 1,8 2,3 High costs of customs procedures 3,1 3,1 3,3 2,3 2,6 Unequal conditions for importers 2,8 2,5 2,7 1,9 2,4 Corruption in customs 3,1 3,0 2,9 2,0 2,3 Indicative prices for products 2,7 2,8 2,7 1,8 2,4 Phytosanitary Certification 1,5 1,8 1,9 1,4 1,9 Note: issues were scored from 1 to 5, where 1 - no difficulties and 5 - significant difficulties. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Trading across borders 39 Cost of Doing Business 2015 Chart14. Perception of difficulties related to import transactions Ban on certain goods -7% 31% 47% Licenses and permissions -7% 21% 39% Certification -6% 25% 33% Customs clearances -9% 33% 28% High costs of procedures -13% -10% 27% 23% Unequal conditions -13% 25% 32% Corruption -10% -8% 25% 36% Indicative prices -11% -10% 23% 33% Phytosanitary certification -12% 22% 52% -40% -20% 0% 20% 40% 60% 80% Major problem Critical Insignificant Not difficult Export transactions Only 6,9% respondents carried out export operations in the past three years. Costs of customs procedures Customs procedures on export take 2,1 days, similar to previous years. Companies pay 37$ to complete the entire customs procedure. However, a potential comparison with previous years is risky due to the high dispersion caused by a low number of respondents. VAT return Almost 33% respondents have officially requested a VAT refund. About 36% of them used the amount of VAT to offset against other tax liabilities, a simpler procedure compared to a refund. The other 64% only sometimes resort to this procedure. Assessment of export procedures Around one third of respondents said that the business environment relating to exports has worsened over the last three years. Their share is quite high and has not changed in the past three years. Chart15. Perception of changes in export procedures 0% 20% 40% 60% 80% 100% 33% 56% 12% mai rău la fel mai bine Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Trading across borders 40 Cost of Doing Business 2015 The most important issue mentioned by businesses is the need of repatriation of funds within the deadline set by Law. Difficulties were assessed using a scale of 1 to 5, where 1 - no difficulties and 5 - great difficulties. Table23. The most important issues related to export Indicators Average mark Ban on export of certain goods 1,8 Problems related to obtaining permits and licenses 2,2 Difficulties related to certification under the laws in Moldova 2,2 Problems concerning the customs procedures 2,3 High costs of customs procedures 1,9 Traffic of influence in customs procedures 2,1 Corruption in customs system 2,0 The need to sell products only via Stock Exchange Market 1,7 Difficulties with VAT reimbursement 2,1 Difficulties in repatriation of money within the deadline set by the NBM 2,4 Summary of analysis The amount of time and costs related to customs procedures on import have declined in the last year (see Table24). Costs of customs procedures on export have decreased considerably in 2015. However, we can not speak of an increasing or decreasing tendency, given the following: 1. The reduction in the number of companies carrying out import-export operations, which led to an insufficient number of observations to estimate with an acceptable probability an increase or decrease tendency of costs. 2. The amount of tax for customs procedures is directly proportional to the invoice value. Table24. Evolution of procedures and regulations on import-export procedures Indicators Period of survey 2009 2010 2011 2012 2013 2014 2015 Time spent on a customs procedure on import, 2,7 2,0 1,9 2,7 2,5 2,0 1,5 days per transaction Cost of customs procedures on import, $ per 143 169 144 152 158 261 136 transaction Time to complete customs procedures on export, 1,7 1,8 1,6 1,7 2,0 2,0 2,1 days per transaction Cost of customs procedures on export, $ per 137 134 85 89 152 213 37 transaction Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Certification of goods and services 41 Cost of Doing Business 2015 8. Certification of goods and services Regulatory framework The certification of goods and services is governed by the following laws:  Law no. 590-XIII of 22 September 1995 "On Standardization" republished on 25.05.2012;  Law no. 420-XVI of 22 December 2006 "On the technical regulation activity";  Law No. 78-XV of 18 March 2004 "On food goods”. The National Standards Institute is the national standardization body that coordinates the work of technical standardization committees. Any business entity, regardless of its type of ownership and legal form can form standardization subdivisions (services) establishing their structure and operation in order to solve its tasks in standardization and quality assurance of products and services. Activities of technical committees of standardization are monitored by the National Institute of Standardization. Applying the national standards is voluntary. If public considerations and protection of consumer interests make such measures necessary, the procedure may become mandatory. Also, the standards become mandatory for businesses that have stated officially that their products meet the requirements of these standards, in any form. Certification costs About 17% of the companies surveyed have certified goods. Businesses have two options in the certification process: 1) certify individual batches of products or 2) certify mass manufactured products. In the first situation the certificate is granted for a certain quantity of goods, in the second - for a certain period. Around 63% companies certify individual batches of products. The other 37% certify mass manufactured products. Their share has not changed over the past five years. The certification of batch goods takes about 9 days. The certification of mass manufactured goods lasts longer - about 13 days. The certification of mass manufactured goods costs about $63, the certification of individual batches - $57. Table25. Certification costs Period of survey Mass manufactured goods Individual batches of goods Indicators 2012 2013 2014 2015 2012 2013 2014 2015 Time required for certification, 16,6 11,7 10,0 13,2 12,1 10,3 11,0 8,6 days Costs, $ 191 158 311 63 145 124 167 57 According to data in Table 25, it can be noted that official payments hold the highest share in total payments during the certification procedure. For mass manufactured goods, however, the share of companies making unofficial payments is higher. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Certification of goods and services 42 Cost of Doing Business 2015 Table26. Average costs of certification Mass manufactured goods Individual batches of goods Indicators Have made Amount, $ Have made Amount, $ payments payments Official payments 100% 49,6 100% 46,3 Transport expenses 85% 10,1 64% 13,2 Unofficial payments 38% 13,2 4% 66,2 Total 63,2 57,4 The values obtained in this study have a high degree of dispersion. The central tendency for costs was determined based on the median, not the arithmetic average. On average, a company certifies products 2,4 times per year. Their average period of validity is 12,7 months. Perception of certification procedures Over the past year respondents noted minor changes in the conditions for certification. Chart16. Evolution of changes in the certification procedures 0% 20% 40% 60% 80% 100% 12% 81% 7% Worse Same Better Table27. Problems encountered in the certification process Problems Share Long procedures for obtaining certificates 2,3 High costs to obtain certificates 2,5 High requirements for company's products 2,3 About 16% respondents encounter difficulties in meeting the requirements imposed by official standards. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Certification of goods and services 43 Cost of Doing Business 2015 Chart17. Exporters' perception of difficulties related to certification procedures Long procedures to obtain certificates -8% -1% 43% 20% High costs to obtain certificates -8% -2% 34% 16% -6% High requirements for company products -10% 36% 26% -30% -20% -10% 0% 10% 20% 30% 40% 50% 60% 70% Major problem Critical Insignificant Not difficult Summary of analysis About 17% of interviewed companies had to certify their goods, the same result as in the last three years. In 2015 both the amount of time and costs required to obtain the compliance certificates for individual batches of goods have decreased. Table28. Evolution of product certification procedures Period of survey Indicators 2009 2010 2011 2012 2013 2015 Time spent for obtaining a certificate for 17,8 13,6 13,0 16,6 11,7 13,2 mass manufactured products, days Costs for obtaining a certificate for mass 217 192 158 191 158 63 manufactured products, $ Time for obtaining a certificate for 11,2 13,3 11,7 12,1 10,3 8,6 individual batches of goods, days Cost of obtaining a certificate for 174 160 83 145 124 57 individual batches of goods, $ Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Sanitary certification 44 Cost of Doing Business 2015 9. Sanitary certification Regulatory framework The government health (sanitary) and epidemiological regulation is governed by Law no. 10-XVI of 3 February 2009 on Government supervision of public health. Health rules establish safety and security criteria in relation to the environment and occupational factors, products and services, requirements to ensure favorable life and health conditions. These rules are governed by health regulations issued by the Ministry of Health and approved by the Government. The law sets out the compulsory adjustment of regulations to the EU requirements. The National Public Health Supervision Service (NPHSS) is the competent authority to supervise public health, including health certification. The service is subordinated to the Ministry of Health. Before being placed on the market, products are subject to approval by NPHSS. The list of products subject to health authorisation is approved through health regulations. Businesses carrying out operations with impact on public health are subject to health approval. Products and services are subject to the following forms of health authorisation: a) Notification: procedure to inform the authority responsible for supervision of public health on the marketing of a new product or service and on its features relevant to the public health; b) Health approval: concerning the following operations, document projects, products and services: b.1) allocation of land for construction / reconstruction; b.2) construction / reconstruction projects; b.3) final approval of constructed / reconstructed buildings; b.4) standards for products and services; b.5) production technologies. c) State registration: compulsory with the products and services potentially hazardous to human health and life - chemical, radioactive, biological, new food products, medicines, microbiological diagnostic systems, diagnostics, nutrient media, chemical reagents, etc.; d) Health certification: is an assessment procedure of the batch of products conformity with the applicable health regulations. The health certification implies laboratory investigations of the batch of goods. The sanitary authorisation of products and services shall be based on the applications submitted by natural or legal persons concerned, also based on medical expertise of the documents, products, services and/or operations. The health authorisation implies a paid health expertise as per the list and tariffs for public health services approved by the Government. Health opinions, registration certificates, health certificates and health authorisations are issued free of charge. The trading of products and services subject to health authorisation under the applicable laws, but yet unauthorized, is prohibited. Procedure for obtaining health certificates Around 34% respondents had to obtain health certificates. Their share declined continuously over the past five years. On average, companies carry out this procedure 1,3 times per year. The health Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Sanitary certification 45 Cost of Doing Business 2015 certificate is obtained in 9 days and costs around $60. To prepare the necessary documents and submitting them to the competent organs managers spent on average 5,7 hours. Table29. Average costs incurred by interviewed companies to obtain a health certificate Period of survey Have made payments, % Amount, $ Indicators 2012 2013 2014 2015 2012 2013 2014 2015 Official payments 99 99 92 88 82 60 89 47 Payments to lawyers and 5 4 4 13 24 19 44 34 intermediaries Transport expenses 41 42 47 48 12 11 22 19 “Voluntary contributions” 6 12 11 13 17 17 35 17 Unofficial payments 27 21 11 17 22 20 35 16 Total costs, $ - - - - 94 71 102 60 Perception of procedure for obtaining a health authorisation Both Chart18 and the above indicators suggest a slight improvement over the last year in the process of obtaining health certificates. Chart18. Changes in the process of obtaining health certificates 0% 20% 40% 60% 80% 100% 10% 76% 15% Worse Same Better As shown in Chart 19, only 9% respondents encountered difficulties in obtaining sanitary certificates. Their share has decreased compared to previous years. Table30. Problems encountered in obtaining health authorisations Problems Share Complicated regulatory procedures 2.0 Long time to complete procedure 2.1 High cost to obtain health authorisations 2.4 Exaggerated unofficial payments 1.7 Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Sanitary certification 46 Cost of Doing Business 2015 Chart19. Problems encountered in obtaining health authorisations Difficult procedures -3% -6% 33% 38% Duration of procedure -3% -6% 39% 30% Cost of procedure -7% -7% 34% 26% Unofficial payments -3% -3% 20% 60% -20% 0% 20% 40% 60% 80% 100% Major problem Critical Insignificant Not difficult Summary of analysis Both the amount of time and costs to obtain health certificates range without showing a trend (see Chart 20). Table31. Evolution of procedures for obtaining a health authorisation Indicators Period of survey 2009 2010 2011 2012 2013 2014 2015 Time for obtaining a health authorisation, days 13 10 8 8 6 10 9 Cost of obtaining a health authorisation, $ 104 97 67 94 71 102 60 Chart20. Evolution of procedures for obtaining a health authorisation 120 16 100 14 12 80 10 Cost USD days 60 8 Time 40 6 4 20 2 0 0 2008 2009 2010 2011 2012 2013 2014 2015 Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Inspections 47 Cost of Doing Business 2015 10. Inspections Regulatory framework On 1 April 2003 the Government adopted the Decision no. 395 on Regulation of inspections, which states that controlling authorities shall organize the supervision and inspection of companies as follows:  Up to one inspection over two calendar years to verify the results of economic and financial operations;  Up to one inspection during a calendar year to verify the compliance of goods manufacturers with the norms, technical, technological, hygienic, health, work organization conditions and other measures. Number and duration of inspections The average number of visits to a company decreased from 6,5 to 3,8. The figures do not include checks by road police on vehicles. The cumulative duration of inspectors' visits to the company increased from 4,5 days to 7,6 days. The average number and time length of inspections, by control bodies, are shown in Table below. Table32. Number and average time of controls Period of survey Share of inspected Frequency Number of days per companies, % visit Control bodies 2013 2014 2015 2013 2014 2015 2013 2014 2015 Tax Inspectorate 54 58 51 1,4 1,9 1,4 2.8 1,5 0,5 Fire department (emergency situations) 42 56 35 1,2 1,4 1,2 0,4 0,3 0,2 Sanitary Epidemiological Service 18 48 22 1,6 1,9 1,3 0,4 0,4 0,2 Police 22 41 19 1,5 3,9 1,5 0,3 0,3 0,2 Traffic police 20 10 18 3,8 6,1 5,0 0,1 0,4 0,1 Price monitoring bodies 8 5 11 1,5 1,1 1,1 1,1 0,8 0,3 Standard monitoring bodies 10 18 13 1,3 1,3 1,1 1,3 0,5 0,2 Environmental Control Bodies 13 22 16 1,2 1,4 1,3 0,4 0,3 0,2 Licensing bodies 9 12 11 1,1 1,2 1,3 0,9 0,3 0,1 National Anticorruption Center 11 8 8 1,1 1,8 1,1 2,3 2,3 0,2 Other ministries and departments 19 10 12 1,2 1,5 1,3 1,3 2,6 0,1 Local authorities 24 20 17 1,3 2,7 1,2 0,4 0,5 0,1 Work inspection 48 40 32 1,2 1,4 1,3 1,7 0,6 0,4 38% of respondents who own a means of transport have claimed that the Road Police have stopped their vehicle without any legal reason, in order to verify the legality of documents or cargo. Compared to three years ago, its share almost halved. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Inspections 48 Cost of Doing Business 2015 Expenses incurred after the inspections Most often, bribes are paid to the employees of the Tax Inspectorate, Labor inspection, local authorities and police. Table33. Share of companies that made payments following inspections over the last year Fines, % Unofficial payments, % Share per Share from Share per Share from total inspected total inspected companies companies Tax Inspectorate 18 44 7 14 Fire department (emergency situations) 6 14 4 8 Sanitary Epidemiological Service 6 20 2 7 Police 5 14 5 16 Traffic police 9 34 3 9 Price monitoring bodies 1 4 1 2 Standard monitoring bodies 2 8 1 4 Environmental control bodies 3 10 1 2 Licensing bodies 2 5 1 4 National Anticorruption Center 2 7 2 6 Other ministries and departments 4 13 3 11 Local authorities 4 14 4 13 Work inspection 6 15 4 11 Most often businesses are fined by the Tax Inspectorate. Perception of number of inspections and difficulties Companies' perception on how the number of inspections has evolved confirms the above data on their decline in 2015. About 30% respondents revealed that the number of inspections has decreased compared to the previous year. Chart21. Evolution of the number of inspections 0% 20% 40% 60% 80% 100% 15% 55% 30% More Same Fewer About 38% respondents believe that the law is applied selectively, depending on the attitude of public figures. Only 19% respondents believe that companies are treated equally before the law. Table 34. Objectivity of public employees Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Inspections 49 Cost of Doing Business 2015 Yes Partly No Do not know All companies are treated equally before the law 19% 32% 28% 21% The law is applied selectively 38% 23% 14% 25% According to respondents, in most cases, the visits were "planned and legally justified". The number of respondents claiming that inspections have been carried out with the intention of taking bribes or “voluntary” contributions has increased. Table35. Purposes of the inspection visits Purpose 2010 2011 2012 2013 2014 2015 Inspections have been justified, previously planned 3,4 3,4 3,4 3,0 2,1 2,7 Investigation of violations 2,2 2,0 2,2 2,2 1,4 2,0 Receiving bribes and "voluntary contributions" 2,0 1,9 2,3 2,1 1,4 2,2 Attempts to put pressure on management to take economic 1,4 1,5 1,5 1,6 1,2 1,7 decisions Abuse of power for unfair competition 1,3 1,7 1,6 1,5 1,2 1,9 Political reasons 1,5 1,4 1,3 1,4 1,1 1,8 Other subjective reasons 1,6 1,5 1,7 1,7 1,1 1,8 Most companies consider that control procedures have not changed over the last year (see Chart22). Chart22. Evolution of procedures related to inspections 0% 20% 40% 60% 80% 100% 13% 74% 14% Worse Same Fewer Summary of analysis Over the year past, the average number of inspections in a company has declined from 6,5 to 3,8 visits. The time spent by inspectors per company has increased significantly from 4,5 to 7,6 days per year. Table36. Evolution of the share of inspected companies Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Inspections 50 Cost of Doing Business 2015 Period of survey 2010 2011 2012 2013 2014 2015 Control bodies Tax Inspectorate 81 67 74 54 58 51 Fire department (emergency situations) 58 54 53 42 56 35 Sanitary and epidemiologic service 33 23 31 18 48 22 Police 27 23 31 22 41 19 Traffic police 28 20 23 20 10 18 Price monitoring bodies 17 7 11 8 5 11 Standard monitoring bodies 27 9 16 10 18 13 Environment monitoring bodies 16 6 17 13 22 16 Licensing bodies 38 27 15 9 12 11 National Anticorruption Center 31 14 22 11 8 8 Other ministries and departments 24 13 13 19 10 12 Local authorities 19 14 27 24 20 17 Work inspection 53 35 54 48 40 32 As shown in the table above, in recent years, the share of companies inspected by the Tax Inspectorate, emergency situations Service and licensing bodies have decreased. Table37. Evolution of the frequency of inspections (calculated only for companies inspected by respective authority) Period of survey 2010 2011 2012 2013 2014 2015 Control bodies Tax inspectorate 1,9 1,5 1,7 1,4 1,9 1,4 Fire department (emergency situations) 1,4 1,2 1,3 1,2 1,4 1,2 Sanitary epidemiologic services 2,1 1,5 1,6 1,6 1,9 1,3 Police 1,9 1,9 1,7 1,5 3,9 1,5 Traffic police 7,7 3,0 2,8 3,8 6,1 5,0 Price monitoring bodies 1,8 1,8 1,2 1,5 1,1 1,1 Standard monitoring bodies 2,1 1,5 1,1 1,3 1,3 1,1 Environment monitoring bodies 1,6 1,3 1,2 1,2 1,4 1,3 Licensing bodies 1,7 1,3 1,1 1,1 1,2 1,3 National Anticorruption Center 2,1 1,3 1,3 1,1 1,8 1,1 Other ministries and departments 2,6 1,5 1,4 1,2 1,5 1,3 Local authorities 1,9 1,7 1,5 1,3 2,7 1,2 Work inspection 1,8 1,4 1,4 1,2 1,4 1,3 Most often, businesses are inspected by the State Tax Inspectorate, fire department (emergency situations department) and labor inspection. Table38. Evolution of inspection frequency (calculated for all companies included in the sample) Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Inspections 51 Cost of Doing Business 2015 Period of survey 2010 2011 2012 2013 2014 2015 Control bodies Tax inspectorate 1,5 1,0 1.3 0.8 1,1 0,7 Fire department (emergency situations) 0,8 0,6 0.7 0.5 0,8 0,4 Sanitary epidemiologic services 0,7 0,3 0.5 0.3 0,9 0,3 Police 0,5 0,4 0.5 0.3 1,6 0,3 Traffic police 2,2 0,6 0.6 0.8 0,6 0,9 Price monitoring bodies 0,3 0,1 0.1 0.1 0,1 0,1 Standard monitoring bodies 0,6 0,1 0.2 0.1 0,2 0,1 Environment monitoring bodies 0,3 0,1 0.2 0.2 0,3 0,2 Licensing bodies 0,6 0,4 0.2 0.1 0,1 0,1 National Anticorruption Center 0,7 0,2 0.3 0.1 0,1 0,1 Other ministries and departments 0,6 0,2 0.2 0.2 0,2 0,2 Local authorities 0,4 0,2 0.4 0.3 0,5 0,2 Work inspection 1,0 0,5 0.8 0.6 0,6 0,4 Table39. Evolution of inspections Period of survey 2007 2008 2009 2010 2011 2012 2013 2014 2015 Indicators Average number of inspections per 8,7 9,0 8,2 7,9 4,2 5,2 3,6 6,5 3,8 company Number of days per year per company 16 19 10 15 6,5 6,3 4,7 4,5 7,6 Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Taxes 52 Cost of Doing Business 2015 11. Taxes Regulatory framework The tax system in Moldova is regulated by several laws and regulations. The key document is, however, the Tax Code approved on 24.04.1997 and amended thereafter. Currently it comprises nine titles: 1. General provisions 2. Income tax 3. Value added tax 4. Excises 5. Fiscal administration 6. Real estate tax 7. Local taxes 8. Taxes on natural resources 9. Road taxes Administration of taxes In accordance with the opinion of the respondents, an average of 6 types of taxes is paid in the Republic of Moldova. The number of taxes did not change compared to last year. Nearly 64 percent of businesses surveyed employ full-time accountants to calculate and pay all taxes in due time (see Table 40). The share of those keeping their accounts by themselves practically did not change in recent years. About 5% of those which have full-time accountants also hire part-time accountants. Table 40. Number of accountants required to ensure timely and accurate payment of taxes Period of survey 2008 2009 2010 2011 2012 2013 2014 2015 Resources Hire accountants, full time 81% 75% 78% 74% 67% 64% 73% 64% Average number of full-time 1.5 1.3 1.2 1.2 1.2 1.2 1.3 1.2 accountants Part time accountants 12% 23% 28% 26% 35% 37% 19% 32% Keep tax records on their own 7% 2% 2% 9% 5% 8% 8% 9% Almost 80% of respondents said that they pay all taxes. Those who do not pay taxes entirely mention that they pay on average 77% of taxes. About 39% of the profit obtained in 2014by the enterprises surveyed was reinvested. Based on all the reports submitted, like in the previous year, it takes longest to submit the report on corporate income tax: about 3.3hours. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Taxes 53 Cost of Doing Business 2015 Table 41. Time spent to submit a report, hours Tax type hours Value added tax 2.8 Personal Income Tax 2.4 Corporate Income Tax 3.3 Contributions to the National Social Insurance Fund 2.2 Landscaping 1.6 Payments for mandatory healthcare insurance 1.8 Major problems in paying taxes The procedure applied for calculating, reporting and paying income tax by legal entities (corporate income tax) gives rise to most problems (see Table 42). About 22% face difficulty in paying this tax. Table 42. Taxes generating more problems Problems 2009 2010 2011 2012 2013 2014 2015 Value added tax 2.84 2.87 2.7 2.5 2.7 1.7 2.4 Personal income tax 2.59 2.59 2.5 2.5 2.6 1.6 2.4 Corporate income tax 2.59 2.59 2.5 2.9 3.0 1.8 2.7 Contributions to the National Social Insurance Fund 2.81 2.35 2.2 2.5 2.5 1.7 2.5 Landscaping 1.70 1.95 1.8 1.9 1.9 1.4 1.8 Payments for mandatory healthcare insurance - 2.26 2.1 2.3 2.2 1.6 2.1 Figure 23. Taxes generating more problems VAT -6% -9% 37% 23% income (natural persons) -7% -9% 35% 25% Income (legal persons) -11% -11% 31% 17% Contributions to NSIH -10% 28% 28% Landscaping -4% -3% 29% 50% Contributions to NHIH -5% -6% 29% 41% -40% -20% 0% 20% 40% 60% 80% 100% Major problem Critical Insignificant Not difficut Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Taxes 54 Cost of Doing Business 2015 As shown in Figure 24, three quarters of all respondents did not mention any improvements or deteriorations in the taxation system. About 13% of respondents mentioned improvements and an equal number of respondents believe that it became more difficult. Figure 24. Evolution of taxation system 0% 20% 40% 60% 80% 100% 12% 75% 13% More difficult Same Easier Respondents who participated in the survey were asked to assess the problems related to taxation procedures by giving a score from 1 to 5 (see Table 43). Excessive sanctioning in case of errors has become the most important issue faced by the businesses. Like in the previous years, businesses are unsatisfied with the instability in the field of taxation and high level of taxes. Table 43. Problems faced in the taxation system Period of survey 2010 2011 2012 2013 2014 2015 Problems Impossibility to project the future number of taxes 2.88 2.7 3.0 3.3 2.2 2.4 Overall the taxation and accounting procedures are 3.29 2.8 3.1 3.5 2.4 2.8 complicated and unclear High sanctions for errors 3.23 3.0 3.5 3.8 2.8 2.9 Lack of stable rules 2.78 2.3 2.8 3.1 2.2 2.4 Total dependence on tax inspectors, lack of respect 2.36 2.5 2.8 3.0 2.0 2.2 High rate of taxes 3.14 3.2 3.7 3.6 3.3 2.9 Exaggerated unofficial payments 1.72 1.7 2.1 2.3 1.3 1.9 Summary of the analysis During recent years, VAT calculation and reporting generates fewer problems for businesses. The procedure for calculating the Income tax by legal entities has become the most complicated procedure compared to filing other taxes. Table 44. Comparison of the tax administration system Period of survey Indicators 2009 2010 2011 2012 2013 2014 2015 Average number of taxes 6.7 6.1 6.1 7.1 7.0 7.5 5.9 Number of full-time accountants 1.3 1.2 1.2 1.2 1.2 1.3 1.2 Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Price Regulation 55 Cost of Doing Business 2015 12. Price Regulation Regulatory framework The main document regulating prices is Government Decision no. 547 of 4 August 1995 "On State coordination and regulation of prices and tariffs ". In most situations, the products can be sold at market prices. The government keeps the right to regulate the prices for socially important domestic and imported goods that are sold at a mark-up not exceeding 20%. Exceptions were set for bread and bakery products for which the mark-up shall not exceed 10% and for construction materials with 30% added to the delivery price). Operating expenses, including transportation costs of construction materials and other expenses related to the purchase and sale of goods is covered from the mark-up. Price regulation status today Only 12% of managers stated that the State intervenes in the formation of prices for their companies’ products. The majority of respondents were conducting sales both at regulated prices, as well as at free prices. Only 0.6% of the businesses surveyed said that all sales are made at regulated prices. On average, 3.8% of total sales of the businesses were made at prices regulated by the state. Perception of price regulation Limiting the mark-up is a method by which the state usually intervenes in the formation of prices of enterprises (see Table 45). Table 45. Methods of state intervention in price formation Methods 2008 2009 2010 2011 2012 2013 2015 By limiting profitability 15% 20% 21% 11% 19% 20% 19% By limiting prices 48% 34% 19% 21% 24% 23% 34% By limiting the mark-up 37% 46% 61% 68% 57% 57% 47% Summary of the analysis Over the last two years, a considerable decrease in the share of enterprises subjected to price regulation was registered. As a result, the share of products which prices are subjected to price regulation by the state also decreased from 10 to 4%. Usually, price regulation is conducted by limiting the mark-up. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Price Regulation 56 Cost of Doing Business 2015 Table 46. Price regulation in the Republic of Moldova 2008 2009 2010 2011 2012 2013 2014 2015 Share of companies subjected 36% 39% 31% 26% 24% 24% 17% 12% to price regulation Share of prices subjected to 21% 26% 18% 10% 8% 10% 10% 4% state regulation Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Regulation of labor relations 57 Cost of Doing Business 2015 13. Regulation of labor relations Regulatory framework The main legislative acts governing the labor relations are:  Labor Code of the Republic of Moldova (Law no. 154-XV of 28 March 2003);  Law no. 847-XV of 14 February 2002 on Remuneration;  Government Decision no. 743 of 11 June 2002 "On salaries of employees of financially autonomous units";  Government Decision no. 152 of 19 February 2004 "On the compensation quantum bonus for work in adverse conditions";  Government Decision no. 165 of 9 March 2010 "On the minimum guaranteed salary quantum in the real sector". In accordance with the amendments to the Labor Code introduced by Law 254 of 09.12.11 amending and supplementing certain acts, the employer shall provide employees with a nominal permit for access to work. In his turn, the employee is required to carry at all times the nominal permit for access to work provided by the employer. The employer (except central and local public authorities) must approve the staff structure within the first month of operation, and further - in the first month of every calendar year. Within 2 months from the date of their approval, the employer submits (in writing or electronically) a copy to the territorial labor inspectorate under whose jurisdiction the business is located. Availability of labor force Almost 69% of the total number of respondents claimed that the number of employees corresponded to the needs of the enterprise at the time of interview. As a result of this year crisis, the share of respondents that have declared they employed more than they needed grew from 3 to 8%. Table 47. Evaluation of labor force availability Period of survey 2009 2010 2011 2012 2013 2014 2015 More than I need 6% 0,5% 3% 2% 5% 3% 8% As much as I need 85% 83% 76% 71% 60% 77% 69% Less than I need 8% 16% 20% 26% 32% 18% 20% I don’t know 1% 0,2% 1% 1% 4% 2% 3% Respondents in the survey were asked to assess the issues arising from labor relations regulation by scoring from 1 to5. No particular problem in the regulation of labor relations was highlighted. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Regulation of labor relations 58 Cost of Doing Business 2015 Table 48. Assessment of main issues related to labor force regulation Problems 2010 2011 2012 2013 2015 Receiving permission from the Labor Inspection to initiate 1.9 2.0 2.2 2.3 2.0 company’ activity Need to employ only based on an individual labor contract 1.9 2.2 2.2 2.4 2.1 Obligation to pay the minimum salary 2.1 2.5 2.3 2.4 2.2 Frequent checks by the labor inspection 1.9 1.7 2.0 2.0 1.8 Complicated procedure of staff dismissal 1.9 1.9 2.2 2.3 1.9 Complicated procedures for staff record-keeping 1.9 2.0 2.4 2.4 1.9 Obtaining and restitution of healthcare insurance policies 2.1 2.0 2.5 2.1 1.8 within the established timeframe Summary of the analysis The main problems represent the "need to pay the minimum salary" and the "need to employ only under an individual contract of employment". It should be noted that both problems have little to do with protecting the interests of employees and are rather methods to reduce official employment and to pay salaries using illegal methods. However, it is useful to note that only about 13% mentioned the "need to pay the minimum salary" and only 11% - "the obligation to only employ under a contract". Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Execution of contracts 59 Cost of Doing Business 2015 14. Execution of contracts Nearly 5% of respondents said that the state intervened in the conclusion and execution of contracts. With small fluctuations, the average was at the same level during 2005-2015. This area of regulation has a low impact on business activity(see Table 49). Table 49. Monitoring execution of contracts in the Republic of Moldova 2007 2008 2009 2010 2011 2012 2013 2014 2015 Share of enterprises whose 5% 7% 10% 4% 3% 6% 6% 4% 5% contracts were monitored Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Promotion of personal interests of public employees 60 Cost of Doing Business 2015 15. Promotion of personal interests of public employees One of the questions of the survey aimed at involving public employees in the business activity to promote their personal interests. In almost 8% of cases, the managers said that public employees interfered in the activity of the enterprise. In 72% of cases, the public employees were the initiators of the inference. In 13% of the cases where involvement was ascertained, the public employees held a share in the company’s capital. About 27% of the enterprises in which have inferred civil servants, mentioned that the involvement level increased over the previous year. Over 12% of them mentioned a decrease in involvement. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Evaluation of the Judiciary System 61 Cost of Doing Business 2015 16. Evaluation of the Judiciary System Regulatory framework The settlement of disputes between companies in the Republic of Moldova is carried out through courts, according to Law no. 225-XV of 30 may 2003 on the Code of Civil Procedure or arbitration courts, according to Law no. 23 of 22 February 2008 on Arbitration. Disputes with government authorities are regulated by "Law on Administrative Contentious" (no. 793- XIV of 10 February 2000), republished on 3 October 2006). Methods used to settle disputes In the last two years, almost 21% of participants to the survey had to settle disputes with state authorities and partners. After the continuous increase during 2007-2013, their share decreased substantially in 2014, with a slight increase in 2015. Figure 25. Companies that had to settle disputes 40 35.8 35 31.7 31.5 30 23.4 25 21.2 19.9 21 18 20 16.2 % 15 10 5 0 2007 2008 2009 2010 2011 2012 2013 2014 2015 Year of Survey In75% of cases, companies had conflicts with other business entities, in 25% of cases -with state authorities. Almost half of respondents used courts for dispute settlement.In25% of cases, companies appealed to the state authorities and, in34% of cases -unofficial methods. In14% of the cases, the respondents resorted to illegal methods to solve problems. Table 50. Methods to solve problems 2009 2010 2011 2012 2013 2014 2015 Addressed the state authorities 46 26 31 35 48 14 25 Addressed the court 74 62 52 61 49 69 46 Illegal methods 14 Different unofficial methods, but legal 34 Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Evaluation of the Judiciary System 62 Cost of Doing Business 2015 This year, the lowest rate of using courts was recorded. Assessing the efficiency of using courts The main reasons why businesses do not address the courts is the long waiting period for the decision making and corrupt judiciary system. Table51 shows the results of assessing the reasons by scoring from 1 to5, where 1-the least important reason and 5- the most important reason. Table 51. Reasons for not addressing the courts Reasons 2013 2014 2015 Long waiting period 4.0 3.1 2.7 Decision will be incorrect due to the fact that courts are corrupt 2.7 2.9 2.4 Decision will be incorrect due to the fact that the court is 2.6 2.3 1.8 incompetent High costs for court services 3.2 2.7 1.8 High costs for legal services 3.5 2.7 2.0 Less important problems 3.5 3.5 2.7 Other methods are more efficient 3.2 3.5 2.2 Court decision is not enforced 2.3 2.4 1.8 About 31% of companies that addressed the courts were satisfied, other38%-not satisfied. On average, the respondents rated their satisfaction level at 2.83 points based on a scale from 1 to5 points possible, similar to the previous year. Summary of the analysis During the last two years, about 21% of the interviewed companies had to settle disputes (with partners, clients or state authorities). In less than half of the cases they filed a lawsuit. Table 52. Efficiency of addressing the courts 2013 2014 2015 Respondents who had to settle disputes,% 36 18 21 Respondents satisfied in case of addressing the courts,% 49 33 31 Addressed the courts, level of satisfaction 3,25 2,90 2,83 Addressed the courts, level of satisfaction, % 56 48 46 The level of satisfaction of respondents who required legal assistance to settle disputes is steadily decreasing, reaching 2.83pointson a scale from1 to 5pointsor46%. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Phytosanitary certification 63 Cost of Doing Business 2015 17. Phytosanitary certification Regulatory framework The phytosanitary regulation is regulated by Law no.228 of 23 September 2010 “on plant protection and phytosanitary quarantine”. If the importing countries impose such a requirement, the phytosanitary control body shall issue phytosanitary certificates. The phytosanitary certificate shall be issued to the exporter by the subdivision of the phytosanitary control body under which jurisdiction the goods subject to quarantine are produced. In case of goods subject to obtaining the phytosanitary certificate, the exporter, shall submit at least 24 hours prior to shipment, a number of documents: a) application requesting a phytosanitary certificate; b) certificate on the use of phytosanitary products, at the request of the importing country; c) phytosanitary certificate of the country of origin; d) quarantine expertise certificate for the plant and vegetable products subject to phytosanitary quarantine to be exported, issued by a legal entity authorized by the central administrative authority in the field of agriculture; e) copy of the sale and purchase contract or another civil legal act based on which the export or re-export of the plants, plant products and related goods subject to phytosanitary quarantine is done; f) copy of the tax bill or invoice for shipping of cargo; g) act on phytosanitary inspection of cargo units and other related goods subject to phytosanitary quarantine. The validity of phytosanitary certificate is 14 days from the date of issuance. If, the inspection establishes that phytosanitary requirements have been observed, instead of phytosanitary certificate a plant passport to ensure free movement of plants and plant products imported shall be issued. The phytosanitary control body issues the plant import (transit) phytosanitary permit. In order to obtain a plant import (transit) phytosanitary permit, the cargo owner shall, at least 10 days before import (transit) submit the following to the phytosanitary control body: a) application requesting the plant import (transit) phytosanitary permit; b) copy of the sale and purchase contract or another civil legal act based on which the importation and / or transit of plants, plant products and related goods subject to phytosanitary quarantine is done; c) act of phytosanitary control of the room where the imported cargo is to be stored. The time required for issuing a phytosanitary import (transit) permit is of 5 days from the date of application submission. The payment for issuance of phytosanitary import (transit) permit is directly proportional to the lot size. Procedure for obtaining phytosanitary permits (certificates and permits) About 7% of respondents had to obtain phytosanitary permits. On average, the companies shall undergo the respective procedure 31 times per year. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Phytosanitary certification 64 Cost of Doing Business 2015 The time for obtaining the phytosanitary permit is of 2 days 1. In order to prepare the requested documents and to submit them to the competent bodies, the managers spent on average 3.51 hours. The costs for obtaining the phytosanitary permit constitute about USD 35. Table 53. Average costs incurred by the businesses interviewed in order to obtain a phytosanitary permit Made Amount, payments, % USD Official payments 90 24 Payments to lawyers and 20 - intermediaries Transportation costs 54 16 “Voluntary contributions” 27 9 Unofficial payments 10 24 Total costs, USD - 35 Perception of the sanitary permit obtaining procedure According to the respondents’ opinion, during the last year, there were no enhancements in the process of obtaining the sanitary permits. Figure 26. Changes in the process of obtaining a sanitary permit 0% 20% 40% 60% 80% 100% 17% 88% 12% Worse Same Better According to the data presented in Figure 27, only 11% of respondents faced difficulties in the process of obtaining a phytosanitary permit. In general, this area does not generate any important problems for the business community. The most important impediments are the cost of obtaining permits, both official and unofficial. Table 54. Problems faced during the process of obtaining phytosanitary permits Problems Share Complicated Regulatory Procedures 2.0 Long-lasting procedure 2.1 High cost of obtaining sanitary permits 2.3 Exaggerated unofficial payments 2.1 1 Due to the large dispersion of data, the central trend was calculated based on the median. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Phytosanitary certification 65 Cost of Doing Business 2015 Figure 27. Problems faced in the process of obtaining phytosanitary permits Difficult procedures -8%-3% 33% 43% Duration of procedures -8% 20% 43% Cost of procedures -10% -7% 15% 42% Unofficial payments -10% -8% 20% 50% -40% -20% 0% 20% 40% 60% 80% Major problem Critical Insignificant Not difficult Summary of the analysis Both the duration and costs of obtaining a phytosanitary permit are usually lower than in the case of other regulatory areas. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Conclusions 66 Cost of Doing Business 2015 Conclusions The general time indicator practically remained unchanged during 2009-2015. Small fluctuations were due to natural dispersion rather than any improvement or deterioration in perception. Registration procedure Compared with two years ago, the registration procedures lasted longer. The cost of the proceedings expressed in USD, decreased by 15-30%. The time period increased rather due to time lost for registration in other state bodies than the State Registration Chamber. Paradoxically, however, the recent efforts in simplifying the registration procedures had to have the opposite effect. Very few respondents mentioned any problems that would be faced in the process of company registration. Regulation in Constructions The number of those who have moved to new premises continuously decreased. In particular, the number of companies that build their premises by themselves substantially decreased. Even those who decided to do so, hoping to save some financial resources, have asked for the help of a design or other intermediaries to comply with state requirements in construction. In this way, only 0.5% of respondents had to obtain construction permits by their own. The number of those who changed the premises purpose is greater. The duration of obtaining a proper authorization has not changed compared to the previous year. Licensing Almost half of the respondents had to have a license, even though their share has decreased steadily throughout 2009-2015. During 2013-2015, the duration of obtaining licenses reduced from 18 to 11 days. Similarly, the costs were reduced by about 40% compared to 2013, but this may be due to the currency depreciation rather than actual reduction in expenditures. Lately, fewer respondents perceive licensing procedures as complicated. In 2015, their share fell to 14%. Getting authorizations/permits Important changes in the process of obtaining permits have not been identified. The duration remained practically at the level of 2011. The costs have increased compared to 2014, but are lower compared to previous years. The reduction in the share of those that need to have permits in order to operate is welcome. If in 2011, almost 80% needed a permit, their share fell to 49% in 2015. Regulation on equipment Obtaining permits for commissioning procured equipment is an area with little impact on business development. The share of enterprises, which have certified equipment is small - 2% of all enterprises surveyed. The time for obtaining the certificates remained at the level of 2012. Regulation of imports Duration of import procedures maintained a downward trend since 2012. The costs are practically at the last six years level. Almost 20% of respondents have noticed improvements in the area. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Conclusions 67 Cost of Doing Business 2015 Regulation of exports The time needed for customs procedures for export remained at the past two years level, a bit over the level registered during 2009-2012. The costs have decreased, but these, as in case of imports, are proportionate to the value of goods. Almost a third of respondents believe that the procedures have worsened in the past year. Conformity certification of goods and services The time needed for the certification procedures changed substantially in the last year. The time for certification of individual batches of goods decreased, but it grew for certification of product lines. The costs decreased in both cases. Similarly, the share of those who have problems because of too high requirements towards certified products decreased from 39 to 16% in the last two years. Sanitary certification The share of those who need sanitary certificates has decreased in the past five years, reaching 34% in 2015. Both the duration and costs had oscillations in recent years. However, no increase or decrease trend can be established. Very few (9%) mentioned that they faced difficulties in obtaining sanitary certificates. Inspections The frequency of inspections has decreased, but the positive effect was canceled by the increase in time spent by inspectors at a company. About 30% of respondents stated that the number of inspections has decreased. The vast majority (74%) stated that the inspection procedures are as difficult as in previous years. Taxation system Over the last year, the conditions on the procedures of registration and taxation have not changed. The main indicators remained at the level of last year, as confirmed by the neutral perception of 75% of respondents versus those proceedings. Price regulation For the second consecutive year, the share of those who said that the company’s products or services are subject to price regulation decreased. Compared to 2009, the share dropped more than three times, from 39 to12%. Regulation of labor relations Regulation of labor relations is not an obstacle in the business operation. As a result of the economic crisis, the number of companies facing over staffing has increased. Execution of contracts State involvement in the conclusion and execution of contracts is a rare practice. The share of companies whose contracts were checked by representatives of the state remained at last year level without showing a clear trend of change over the years 2005-2015. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Conclusions 68 Cost of Doing Business 2015 Judicial system Only 46% of those who had to settle disputes addressed in court. The indicator is at its lowest level in the recent seven years. This can be explained by the low satisfaction of those addressing the court: 2.8 out of 5. About14% had to resort to illegal methods to solve their problems. Phytosanitary certification A small number of respondents - 7% of the total - had to obtain phytosanitary certificates. Both the duration and cost of obtaining phytosanitary certificates are lower than for other types of certificates. Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Conclusions 69 Cost of Doing Business 2015 Table 55. Comparison of main indicators Period of survey Indicators 2009 2010 2011 2012 2013 2014 2015 General time indicators, % 11 10 10 10 11 11 10 Registration (including changes in the registration paperwork) Time to complete registration, days 19 14 15 13 9 10 12 Registration costs, USD 117 159 136 108 112 71 99 Time to modify the documents, days 8 11 9 6 6 8 7 Costs to modify the documents, USD 68 133 108 90 88 141 66 Constructions Constructions, days 88 - 70 51 54 57 - Renovation and reconstruction, days 35 30 26 38 39 30 31 Licensing Average number per company 1,3 1,3 1,3 1,3 1,4 1,4 1.4 Time spent to obtain a license, days 20 22 18 16 18 14 11 Average costs, USD 193 270 240 266 294 402 163 Share of unofficial payments, % 15 14 7 9 8 1 8 Authorizations/permits Time spent to obtain an authorization/permit, days 16 17 13 13 15 13 12 Average costs, USD 210 283 198 224 215 77 90 Share of unofficial payments, % 20 8 10 13 12 7 13 Amount of unofficial payments, USD 72 32 23 35 38 121 19 Certification of equipment Time spent to obtain a compliance certificate, days 12 13 12 10 9 11 10 Import Time spent to certify imported goods, days 11,2 9,2 9,6 7,4 5,9 13,2 9,7 Amount spent to certify imported goods, USD 96 172 80 83 120 350 76 Time spent on customs procedures, days 2,7 2,0 1,9 2,7 2,5 2,0 1,5 Amount spent on customs procedures, USD 143 169 144 152 158 261 136 Export Time spent on customs procedures, days 1,7 1,8 1,6 1,7 2,0 2,0 2,1 Amount spent on customs procedures, USD 137 134 85 89 152 213 - Certification of goods and services (individual batches) Time spent to obtain a certificate, days 11 13 12 12 10 11 9 Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Conclusions 70 Cost of Doing Business 2015 Period of survey Indicators 2009 2010 2011 2012 2013 2014 2015 Costs, $ 174 160 83 145 124 167 57 Share of unofficial payments, % 20 16 10 14 11 4 4 Certification of goods and services (mass manufactured products) Time to obtain a certificate, days 18 14 13 17 12 10 13 Costs, USD 217 192 158 191 158 311 63 Share of unofficial payments, % 18 16 10 14 21 8 38 Sanitary Certification Share of respondents that got sanitary certificates, 61 50 61 60 53 47 34 % Time spent to obtain a certificate, days 13 10 8 8 6 10 9 Total costs, USD 104 97 67 94 71 210 60 Share of unofficial payments, % 18 17 17 27 21 11 27 Inspections Average number of inspections per company 8,2 7,9 4,2 5,2 3,6 6,5 3,8 Average annual time of inspections, days 10 15 7 6 5 5 8 Administration of taxes Average number of taxes 6,7 6,1 6,1 7,1 7,0 7,5 6,0 Number of full-time accountants 1,3 1,2 1,2 1,2 1,2 1,3 1,2 Price regulation Companies subject to price regulation, % 39 31 26 24 24 17 12 Average share of prices regulated by the state 26 18 10 8 10 10 4 Execution of contracts Companies subject to regulation of contracts, % 10 4 3 6 6 4 5 Judiciary system Share of respondents that turned to government 46 26 31 35 48 14 25 institutions to settle disputes with companies, % Share of respondents who turned to courts to 74 62 52 61 49 69 46 address disputes with companies, % Share of respondents who used informal methods 22 32 22 28 36 21 - to address disputes with companies, % Share of respondents that turned to illegal methods - - - - - - 14 to settle disputes with companies, % Share of respondents that turned to unofficial methods, but legal to settle the disputes with - - - - - - 34 companies, % Phytosanitary certification Share of respondents that obtained phytosanitary - - - - - - 7 Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra Conclusions 71 Cost of Doing Business 2015 Period of survey Indicators 2009 2010 2011 2012 2013 2014 2015 certificates, % Time spent to obtain a certificate, days - - - - - - 2 Total costs, USD 35 Share of unofficial payments, % - - - - - - 10 Competitiveness Enhancement Project (CEP II) AOCDER Promo-Terra