Doing Business 2019 Rwanda Economy Profile Rwanda Page 1 Doing Business 2019 Rwanda Economy Profile of Rwanda Doing Business 2019 Indicators (in order of appearance in the document) Starting a business Procedures, time, cost and paid-in minimum capital to start a limited liability company Dealing with construction permits Procedures, time and cost to complete all formalities to build a warehouse and the quality control and safety mechanisms in the construction permitting system Getting electricity Procedures, time and cost to get connected to the electrical grid, and the reliability of the electricity supply and the transparency of tariffs Registering property Procedures, time and cost to transfer a property and the quality of the land administration system Getting credit Movable collateral laws and credit information systems Protecting minority investors Minority shareholders’ rights in related-party transactions and in corporate governance Paying taxes Payments, time, total tax and contribution rate for a firm to comply with all tax regulations as well as post-filing processes Trading across borders Time and cost to export the product of comparative advantage and import auto parts Enforcing contracts Time and cost to resolve a commercial dispute and the quality of judicial processes Resolving insolvency Time, cost, outcome and recovery rate for a commercial insolvency and the strength of the legal framework for insolvency Labor market regulation Flexibility in employment regulation and aspects of job quality Page 2 Doing Business 2019 Rwanda About Doing Business The Doing Business project provides objective measures of business regulations and their enforcement across 190 economies and selected cities at the subnational and regional level. The Doing Business project, launched in 2002, looks at domestic small and medium-size companies and measures the regulations applying to them through their life cycle. Doing Business captures several important dimensions of the regulatory environment as it applies to local firms. It provides quantitative indicators on regulation for starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts and resolving insolvency. Doing Business also measures features of labor market regulation. Although Doing Business does not present rankings of economies on the labor market regulation indicators or include the topic in the aggregate ease of doing business score or ranking on the ease of doing business, it does present the data for these indicators. By gathering and analyzing comprehensive quantitative data to compare business regulation environments across economies and over time, Doing Business encourages economies to compete towards more efficient regulation; offers measurable benchmarks for reform; and serves as a resource for academics, journalists, private sector researchers and others interested in the business climate of each economy. In addition, Doing Business offers detailed subnational reports, which exhaustively cover business regulation and reform in different cities and regions within a nation. These reports provide data on the ease of doing business, rank each location, and recommend reforms to improve performance in each of the indicator areas. Selected cities can compare their business regulations with other cities in the economy or region and with the 190 economies that Doing Business has ranked. The first Doing Business report, published in 2003, covered 5 indicator sets and 133 economies. This year’s report covers 11 indicator sets and 190 economies. Most indicator sets refer to a case scenario in the largest business city of each economy, except for 11 economies that have a population of more than 100 million as of 2013 (Bangladesh, Brazil, China, India, Indonesia, Japan, Mexico, Nigeria, Pakistan, the Russian Federation and the United States) where Doing Business also collected data for the second largest business city. The data for these 11 economies are a population-weighted average for the 2 largest business cities. The project has benefited from feedback from governments, academics, practitioners and reviewers. The initial goal remains: to provide an objective basis for understanding and improving the regulatory environment for business around the world. More about Doing Business (PDF, 5MB) Page 3 Doing Business 2019 Rwanda Ease of Doing Business in DB 2019 Rank Region Sub-Saharan Africa 190 1 Rwanda Income Category Low income 29 DB 2019 Ease of doing business score Population 12,208,407 0 100 City Covered Kigali 77.88 DB 2019 Ease of Doing Business Score 0 100 79.58: Mauritius (Rank: 20) 77.88: Rwanda (Rank: 29) 55.53: Mozambique (Rank: 135) 51.61: Regional Average (Sub-Saharan Africa) 47.41: Burundi (Rank: 168) 36.85: Congo, Dem. Rep. (Rank: 184) Note: The ease of doing business score captures the gap of each economy from the best regulatory performance observed on each of the indicators across all economies in the Doing Business sample since 2005. An economy’s ease of doing business score is reflected on a scale from 0 to 100, where 0 represents the lowest and 100 represents the best performance. The ease of doing business ranking ranges from 1 to 190. Rankings on Doing Business topics - Rwanda 2 3 1 14 28 35 51 58 55 68 78 82 88 Rank 106 109 136 163 190 Starting Dealing Getting Registering Getting Protecting Paying Trading Enforcing Resolving a with Electricity Property Credit Minority Taxes across Contracts Insolvency Business Construction Investors Borders Permits Ease of Doing Business Score on Doing Business topics - Rwanda 100 93.70 95.00 91.39 84.55 78.72 76.67 80 74.98 67.01 59.54 Score 60 57.20 40 20 0 Starting Dealing Getting Registering Getting Protecting Paying Trading Enforcing Resolving a with Electricity Property Credit Minority Taxes across Contracts Insolvency Business Construction Investors Borders Permits Page 4 Doing Business 2019 Rwanda Starting a Business This topic measures the number of procedures, time, cost and paid-in minimum capital requirement for a small- to medium-sized limited liability company to start up and formally operate in each economy’s largest business city. To make the data comparable across 190 economies, Doing Business uses a standardized business that is 100% domestically owned, has start-up capital equivalent to 10 times the income per capita, engages in general industrial or commercial activities and employs between 10 and 50 people one month after the commencement of operations, all of whom are domestic nationals. Starting a Business considers two types of local limited liability companies that are identical in all aspects, except that one company is owned by 5 married women and the other by 5 married men. The ranking of economies on the ease of starting a business is determined by sorting their scores for starting a business. These scores are the simple average of the scores for each of the component indicators. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Procedures to legally start and formally operate To make the data comparable across economies, several assumptions about the a company (number) business and the procedures are used. It is assumed that any required information is readily available and that the entrepreneur will pay no bribes. • Preregistration (for example, name verification or reservation, notarization) The business: • Registration in the economy’s largest business - Is a limited liability company (or its legal equivalent). If there is more than one type city of limited liability company in the economy, the most common among domestic firms • Postregistration (for example, social security is chosen. Information on the most common form is obtained from incorporation registration, company seal) lawyers or the statistical office. - Operates in the economy’s largest business city. For 11 economies the data are • Obtaining approval from spouse to start a business or to leave the home to register the also collected for the second largest business city. company - The entire office space is approximately 929 square meters (10,000 square feet). - Is 100% domestically owned and has five owners, none of whom is a legal entity; • Obtaining any gender specific document for has a start-up capital of 10 times income per capita and has a turnover of at least company registration and operation or national 100 times income per capita. identification card - Performs general industrial or commercial activities, such as the production or sale of goods or services to the public. The business does not perform foreign trade Time required to complete each procedure activities and does not handle products subject to a special tax regime, for example, (calendar days) liquor or tobacco. It does not use heavily polluting production processes. • Does not include time spent gathering - Leases the commercial plant or offices and is not a proprietor of real estate and the information amount of the annual lease for the office space is equivalent to the income per capita. • Each procedure starts on a separate day (2 procedures cannot start on the same day) - Does not qualify for investment incentives or any special benefits. - Has at least 10 and up to 50 employees one month after the commencement of • Procedures fully completed online are recorded operations, all of whom are domestic nationals. as ½ day - Has a company deed that is 10 pages long. • Procedure is considered completed once final document is received The owners: • No prior contact with officials - Have reached the legal age of majority. If there is no legal age of majority, they are assumed to be 30 years old. Cost required to complete each procedure (% of - Are sane, competent, in good health and have no criminal record. income per capita) - Are married and the marriage is monogamous and registered with the authorities. - Where the answer differs according to the legal system applicable to the woman or • Official costs only, no bribes man in question (as may be the case in economies where there is legal plurality), the • No professional fees unless services required by answer used will be the one that applies to the majority of the population. law or commonly used in practice Paid-in minimum capital (% of income per capita) • Funds deposited in a bank or with third party before registration or up to 3 months after incorporation Page 5 Doing Business 2019 Rwanda Starting a Business - Rwanda Standardized Company Legal form Limited Liability Company (Société à Responsabilité Limité) Paid-in minimum capital requirement RWF 0 City Covered Kigali Indicator Rwanda Sub-Saharan OECD high Best Regulatory Africa income Performance Procedure – Men (number) 5 7.4 4.9 1 (New Zealand) Time – Men (days) 4 23.3 9.3 0.5 (New Zealand) Cost – Men (% of income per capita) 14.8 44.4 3.1 0.0 (Slovenia) Procedure – Women (number) 5 7.6 4.9 1 (New Zealand) Time – Women (days) 4 23.4 9.3 0.5 (New Zealand) Cost – Women (% of income per capita) 14.8 44.4 3.1 0.0 (Slovenia) Paid-in min. capital (% of income per capita) 0.0 10.0 8.6 0.0 (117 Economies) Figure – Starting a Business in Rwanda and comparator economies – Ranking and Score DB 2019 Starting a Business Score 0 100 94.84: Burundi (Rank: 17) 94.34: Mauritius (Rank: 21) 91.39: Rwanda (Rank: 51) 90.24: Congo, Dem. Rep. (Rank: 62) 78.52: Regional Average (Sub-Saharan Africa) 67.56: Mozambique (Rank: 174) Note: The ranking of economies on the ease of starting a business is determined by sorting their scores for starting a business. These scores are the simple average of the scores for each of the component indicators. Page 6 Doing Business 2019 Rwanda Figure – Starting a Business in Rwanda – Procedure, Time and Cost Time (days) Cost (% of income per capita) 4 16 3.5 14 Cost (% of income per capita) 3 12 Time (days) 2.5 10 2 8 1.5 6 1 4 0.5 2 0 0 1 2 3 4 5 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Page 7 Doing Business 2019 Rwanda Details – Starting a Business in Rwanda – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Obtain an electronic signature Less than one day no charge Agency : Rwanda Development Board (RDB) (online procedure) The documents required to obtain an electronic signature are: - Proof of identity (Simple copy) of the managing director or of one of the shareholders of the company being formed or of an authorized representative. Scanned copy of the ID. - Contact Details of the managing director or of one of the shareholders of the company being formed or of an authorized representative - Email account of the managing director or of one of the shareholders of the company being formed or of an authorized representative The e-signature contains the user name and password which are used to log into the system for the registration process. The e-signature used to apply for business registration must be of the managing director or of one of the shareholders of the company being formed or of an authorized representative with powers of attorney. To obtain an electronic signature, applicants sign up with their email addresses and scan their ID cards to be attached to the account application. Once the account is set up, a registration number is generated to enable users to proceed to online registration. This registration number is also the tax identification number (TIN) and VAT number of the company. 2 Register the company 1 day no charge Agency : Rwanda Development Board (RDB) Online company registration has become mandatory as of February 17th, 2014. It is free of charge. Entrepreneurs need to check the uniqueness of their company name first, then they can submit the company documents and obtain an electronic copy of the registration certificate online as well as an electronic copy of their notification on tax duties and obligations. The dossier is subsequently transferred to the Rwanda Revenue Authority (RRA) and all relevant entities' representatives to assign the new company with identification numbers. The company code issued is the same number for social security, tax identification and VAT. The required documents for submission are: - Duly completed online application - Proof of identity (Simple copy) for each signatory of the memorandum of association form. The documents need to be scans of the national ID for Rwandans - Name of the designated chairperson of the board of directors Starting in July of 2015, VAT registration can be completed during the online registration process. Any person who carries out taxable activities exceeding twenty million Rwandan Francs (20,000,000 RWF) of in the previous fiscal year, or five million Rwandan Francs (5,000,000 RWF) in the preceding calendar quarter is required to register for VAT at the Rwanda Development Board within a period of seven (7) days from the end of the year or from the end of the quarter mentioned above. Typically, business entrepreneurs complete online company registration from a Business Development Center or from the Rwandan Development Board offices. This is due to lack of knowledge about the online portal, as it is still a very new system. 3 Obtain and install software for VAT invoices 1 day no charge Agency : Rwanda Revenue Authority In order to issue invoices, taxpayers subject to VAT have to obtain an electronic billing machine, per Ministerial Order No. 002/13/10TC of 31/07/2013, published in Official Gazette No. 34 of 26/08/2013. Since March 2018, instead of acquiring a machine, a software for printing VAT invoices can be installed at the Rwandan Revenue Authority, allowing taxpayers to issue invoices from any printer. 4 Register employees at the Social Security Office Less than one day no charge Agency : Rwanda Social Security Board (RSSB) (online procedure) In order to register employees for social security, the employer must go to the Social Security Office to provide the employees’ information on a flash disc. This information is uploaded within 2 hours. Filing of returns is done quarterly. This procedure has been available online since December 2013. Page 8 Doing Business 2019 Rwanda 5 Obtain a trading license (“patente”) 1 day RWF 90,000 Agency : Tax Administration - Sector Level Every company needs to pay for a trading license (“patente”). The cost of the trading license depends on the company’s annual turnover and the type of business – for companies with a turnover above 40,000,000, the trading license costs RWF 90,000 (based on Law No. 59/2011 of December 31, 2011). The fee of the trading license can be paid during the fiscal year (paid annually before March 31). The new company must go to the tax administration at the Sector level where the company is located. Takes place simultaneously with previous procedure. Page 9 Doing Business 2019 Rwanda Dealing with Construction Permits This topic tracks the procedures, time and cost to build a warehouse—including obtaining necessary the licenses and permits, submitting all required notifications, requesting and receiving all necessary inspections and obtaining utility connections. In addition, the Dealing with Construction Permits indicator measures the building quality control index, evaluating the quality of building regulations, the strength of quality control and safety mechanisms, liability and insurance regimes, and professional certification requirements. The most recent round of data collection was completed in May 2018. See the methodology for more information What the indicators measure Case study assumptions Procedures to legally build a warehouse To make the data comparable across economies, several assumptions about the (number) construction company, the warehouse project and the utility connections are used. • Submitting all relevant documents and obtaining The construction company (BuildCo): all necessary clearances, licenses, permits and certificates - Is a limited liability company (or its legal equivalent) and operates in the economy’s largest business city. For 11 economies the data are also collected for the second • Submitting all required notifications and receiving largest business city. all necessary inspections - Is 100% domestically and privately owned; has five owners, none of whom is a • Obtaining utility connections for water and legal entity. Has a licensed architect and a licensed engineer, both registered with sewerage the local association of architects or engineers. BuildCo is not assumed to have any other employees who are technical or licensed experts, such as geological or • Registering and selling the warehouse after its completion topographical experts. - Owns the land on which the warehouse will be built and will sell the warehouse Time required to complete each procedure upon its completion. (calendar days) The warehouse: • Does not include time spent gathering information - Will be used for general storage activities, such as storage of books or stationery. - Will have two stories, both above ground, with a total constructed area of • Each procedure starts on a separate day— approximately 1,300.6 square meters (14,000 square feet). Each floor will be 3 though procedures that can be fully completed meters (9 feet, 10 inches) high and will be located on a land plot of approximately online are an exception to this rule 929 square meters (10,000 square feet) that is 100% owned by BuildCo, and the • Procedure is considered completed once final warehouse is valued at 50 times income per capita. document is received - Will have complete architectural and technical plans prepared by a licensed architect. If preparation of the plans requires such steps as obtaining further • No prior contact with officials documentation or getting prior approvals from external agencies, these are counted Cost required to complete each procedure (% of as procedures. income per capita) - Will take 30 weeks to construct (excluding all delays due to administrative and regulatory requirements). • Official costs only, no bribes The water and sewerage connections: Building quality control index (0-15) - Will be 150 meters (492 feet) from the existing water source and sewer tap. If there • Quality of building regulations (0-2) is no water delivery infrastructure in the economy, a borehole will be dug. If there is • Quality control before construction (0-1) no sewerage infrastructure, a septic tank in the smallest size available will be installed or built. • Quality control during construction (0-3) - Will have an average water use of 662 liters (175 gallons) a day and an average • Quality control after construction (0-3) wastewater flow of 568 liters (150 gallons) a day. Will have a peak water use of 1,325 liters (350 gallons) a day and a peak wastewater flow of 1,136 liters (300 • Liability and insurance regimes (0-2) gallons) a day. • Professional certifications (0-4) - Will have a constant level of water demand and wastewater flow throughout the year; will be 1 inch in diameter for the water connection and 4 inches in diameter for the sewerage connection. Page 10 Doing Business 2019 Rwanda Dealing with Construction Permits - Rwanda Standardized Warehouse Estimated value of warehouse RWF 30,394,848.70 City Covered Kigali Indicator Rwanda Sub-Saharan OECD high Best Regulatory Africa income Performance Procedures (number) 15 14.7 12.7 None in 2017/18 Time (days) 113 145.7 153.1 None in 2017/18 Cost (% of warehouse value) 12.0 8.8 1.5 None in 2017/18 Building quality control index (0-15) 14.0 8.5 11.5 15.0 (3 Economies) Figure – Dealing with Construction Permits in Rwanda and comparator economies – Ranking and Score DB 2019 Dealing with Construction Permits Score 0 100 82.51: Mauritius (Rank: 15) 72.57: Mozambique (Rank: 64) 67.01: Rwanda (Rank: 106) 58.59: Regional Average (Sub-Saharan Africa) 55.14: Burundi (Rank: 162) 53.67: Congo, Dem. Rep. (Rank: 165) Note: The ranking of economies on the ease of dealing with construction permits is determined by sorting their scores for dealing with construction permits. These scores are the simple average of the scores for each of the component indicators. Figure – Dealing with Construction Permits in Rwanda – Procedure, Time and Cost Time (days) Cost (% of warehouse value) 7 100 6 Cost (% of warehouse value) 80 5 Time (days) 4 60 3 40 2 20 1 0 0 1 *2 *3 4 5 *6 7 *8 9 10 11 12 13 14 * 15 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Page 11 Doing Business 2019 Rwanda Figure – Dealing with Construction Permits in Rwanda and comparator economies – Measure of Quality 15 14.0 14.0 11.0 Index score 10 8.0 8.5 5 4.0 0 Rwanda Burundi Congo, Dem. Rep. Mauritius Mozambique Sub-Saharan Africa Details – Dealing with Construction Permits in Rwanda – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Request and Obtain a Geotechnical Study 14 days RWF 2,000,000 Agency : Private Company According to Art. 1.5.1.5 of the Building Code enacted in May 2015, it is mandatory to attach a geotechnical report except for Category 1 - the warehouse in case study of Doing Business is not a Category 1 - BuildCo. will hire a private company to do a geotechnical report to be submitted to the One-Stop Center. 2 Apply for an Environmental Impact Assessment Certificate online and 7 days no charge awaits inspection Agency : Rwanda Development Board According to Article 1.5.1.5. Content of new building construction permit application file - it is a requirement to submit an Environmental Impact Assessment Certificate when requesting a building permit. The application is made online on the RDB website http://osc.rdb.rw/. Several documents must be provided, such as the site plan, the floor plans (ground floor and the first floor), the ownership certificate as well as a project brief. The RDB will conduct a site inspection to check the impact such development will have on the environment and will prepare the Terms of reference for the expert to be hired to conduct the environmental report. 3 Request and Obtain topographic survey (lever topographique) 5 days USD 500 Agency : Private Company The topographic survey (lever topographique) is conducted to ascertain the topography of the existing ground and shall be carried out for identification, location, alignment and depth of various utilities below the surface of the existing ground level. 4 Receive site inspection by the Rwanda Development Board and awaits the 14 days no charge TOR Agency : Rwanda Development Board The Rwanda Development Board conducts a site inspection in order to draft the Terms of Reference for the environmentalist to be hired by BuildCo to do the environmental study for the building permit. 5 Hire an environmental expert and obtain the EIA report 14 days RWF 570,000 Agency : Private company Art 1.5.1.5. Content of new building construction permit application file made it mandatory to have an external environmental expert to do a study on the impact of the construction on the environment. This report must be very detailed and consider every aspect that might affect the environment. Only an expert certified by the Rwanda Development Board can be hired, and a list is available on the RDB website. This expert will provide a environment study report to BuildCo that will be submitted when requesting a building permit 6 Hire private firm for inspections during construction 1 day RWF 607,897 Agency : Private Firm A private firm is engaged to certify the set-out as well as to supervise the construction work. With the recent implementation of the self-certification, the need to have a supervising engineer is necessary to certify that the set-out has been done according to regulations and that the approved set-back and building layout (footprint) has been properly implemented. In addition, due to decennial liability of the architect and builder, a private firm must supervise the construction so that the decennial insurance will apply. Page 12 Doing Business 2019 Rwanda 7 Apply for the building permit (online), the environmental impact 30 days RWF 60,000 assessment Certificate and the water connection Agency : One Stop Center BuildCo can apply for the building permit, the environmental impact assessment Certificate and water connection at the one-stop center (OSC). Since February 1, 2013, the application can be done online at www.kcps.gov.rw. The Ministerial Order N° 003/2008 of 15/08/2008 requires that all developmental projects shall be subjected to an environmental impact assessment (EIA) before obtaining authorization for their implementation. The developer submits an environmental report prepared by an environmental expert approved by the Rwanda Development Board to obtain the environmental impact assessment certificate. The preliminary assessment will be evaluated by the EIA review team at the OSC to determine if a full EIA study is required. The decision made after the evaluation will be provision for a full EIA or the delivery of an Environmental Impact Assessment Certificate. The following documents must be submitted for the permit: • Land ownership documents • Location maps • Site analysis • Environmental impact assessment report or clearance • Site plan • Architectural and structural plans • Building services: - Plumbing, drainage, storm water and waste water data - Electrical, telecommunication and mechanical data • Safety measure plan (fire management, disaster prevention, etc.) • Estimated cost of constructions 8 Receive joint site-inspection for permit and water 1 day no charge Agency : One Stop Center There is a joint visit by the one-stop center and all the relevant services such as the water agency, cadastre and the municipality. These agencies will verify the feasibility of the project in regards to connection to utilities, if the deed plan is correct and that no construction has started. 9 Notify the One-stop Center of commencement of work 1 day no charge Agency : One Stop Center Per the new Building Code, prior to commencement of work, the Builder must inform the One Stop Center by sending Form 5: Notice for commencement of works. 10 Receive site immobilisation inspection 1 day no charge Agency : One Stop Center According to Article 5.14.1.3.2. - Chapter 5 of the Building Code, there are three stages of inspections, the first one is the site mobilization and set out inspection. During this inspection, the inspectors will inspect the site, verify that there is water, electricity, sanitation for workers, safety (such as helmets) and also the set out of the building. The construction site is fenced and the beacons for the excavation are laid out and the inspectors will check that there is no encroachment on other property. 11 Receive foundation inspection 1 day no charge Agency : One Stop Center 12 Request final inspection, occupancy permit and freehold land title 1 day no charge Agency : One Stop Center According to Art. 1.5.14.2. of the Building Code, the owner of the new warehouse must request a certificate of occupancy and freehold title at the One stop Center. 13 Receive final inspection 7 days no charge Agency : One Stop Center The inspectors from the District will visit the property, accompanied by other agencies, such as the Fire Department. 14 Obtain water connection 30 days no charge Agency : EWSA According to the Public announcement f 11.07.024/982/14/CEO-DCS/JS-LR/fg from the Water & Sanitation Corporation (WASAC), that all administrative fees, caution fees as well as material and labor fees have been removed for all commercial and industrial buildings meeting certain criteria. Page 13 Doing Business 2019 Rwanda Obtain occupancy permit and the freehold land title 7 days no charge 15 Agency : One Stop Center According to Article 12 of the Ministerial Order N°06/Cab.M/015 Of 08/06/2015 Determining The Instructions Of Categorization Of Buildings, Conditions And Procedure For Application For And Issuance Of Building Permits, the owner of a newly constructed building can request the occupancy permit and the freehold land title at the same time at the one-stop center. BuildCo must submit a certificate that the electrical installation has been verified by certified electricians, the as-built plans and all requirements related to fire safety. Takes place simultaneously with previous procedure. Page 14 Doing Business 2019 Rwanda Details – Dealing with Construction Permits in Rwanda – Measure of Quality Answer Score Building quality control index (0-15) 14.0 Quality of building regulations index (0-2) 2.0 How accessible are building laws and regulations in your economy? (0-1) Available online; 1.0 Free of charge. Which requirements for obtaining a building permit are clearly specified in the building List of required 1.0 regulations or on any accessible website, brochure or pamphlet? (0-1) documents; Fees to be paid; Required preapprovals. Quality control before construction index (0-1) 1.0 Which third-party entities are required by law to verify that the building plans are in Licensed 1.0 compliance with existing building regulations? (0-1) architect; Licensed engineer. Quality control during construction index (0-3) 3.0 What types of inspections (if any) are required by law to be carried out during construction? Inspections by 2.0 (0-2) external engineer or firm; Inspections at various phases; Risk-based inspections. Do legally mandated inspections occur in practice during construction? (0-1) Mandatory 1.0 inspections are always done in practice. Quality control after construction index (0-3) 3.0 Is there a final inspection required by law to verify that the building was built in accordance Yes, final 2.0 with the approved plans and regulations? (0-2) inspection is done by government agency. Do legally mandated final inspections occur in practice? (0-1) Final inspection 1.0 always occurs in practice. Liability and insurance regimes index (0-2) 1.0 Which parties (if any) are held liable by law for structural flaws or problems in the building Architect or 1.0 once it is in use (Latent Defect Liability or Decennial Liability)? (0-1) engineer; Construction company. Which parties (if any) are required by law to obtain an insurance policy to cover possible No party is 0.0 structural flaws or problems in the building once it is in use (Latent Defect Liability Insurance required by law or Decennial Insurance)? (0-1) to obtain insurance ; Insurance is commonly taken in practice. Professional certifications index (0-4) 4.0 What are the qualification requirements for the professional responsible for verifying that the Minimum number 2.0 architectural plans or drawings are in compliance with existing building regulations? (0-2) of years of experience; University degree in architecture or engineering; Being a registered architect or engineer. Page 15 Doing Business 2019 Rwanda What are the qualification requirements for the professional who supervises the construction Minimum number 2.0 on the ground? (0-2) of years of experience; University degree in engineering, construction or construction management; Being a registered architect or engineer. Page 16 Doing Business 2019 Rwanda Getting Electricity This topic measures the procedures, time and cost required for a business to obtain a permanent electricity connection for a newly constructed warehouse. Additionally, the reliability of supply and transparency of tariffs index measures reliability of supply, transparency of tariffs and the price of electricity. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Procedures to obtain an electricity connection To make the data comparable across economies, several assumptions about the (number) warehouse, the electricity connection and the monthly consumption are used. • Submitting all relevant documents and obtaining The warehouse: all necessary clearances and permits - Is owned by a local entrepreneur and is used for storage of goods. • Completing all required notifications and - Is located in the economy’s largest business city. For 11 economies the data are receiving all necessary inspections also collected for the second largest business city. • Obtaining external installation works and possibly - Is located in an area where similar warehouses are typically located and is in an purchasing material for these works area with no physical constraints. For example, the property is not near a railway. - Is a new construction and is being connected to electricity for the first time. • Concluding any necessary supply contract and - Has two stories with a total surface area of approximately 1,300.6 square meters obtaining final supply (14,000 square feet). The plot of land on which it is built is 929 square meters Time required to complete each procedure (10,000 square feet). (calendar days) The electricity connection: • Is at least 1 calendar day - Is a permanent one with a three-phase, four-wire Y connection with a subscribed • Each procedure starts on a separate day capacity of 140-kilo-volt-ampere (kVA) with a power factor of 1, when 1 kVA = 1 • Does not include time spent gathering kilowatt (kW). information - Has a length of 150 meters. The connection is to either the low- or medium-voltage distribution network and is either overhead or underground, whichever is more • Reflects the time spent in practice, with little common in the area where the warehouse is located and requires works that involve follow-up and no prior contact with officials the crossing of a 10-meter road (such as by excavation or overhead lines) but are all Cost required to complete each procedure (% of carried out on public land. There is no crossing of other owners’ private property because the warehouse has access to a road. income per capita) - Does not require work to install the internal wiring of the warehouse. This has • Official costs only, no bribes already been completed up to and including the customer’s service panel or • Value added tax excluded switchboard and the meter base. The reliability of supply and transparency of The monthly consumption: tariffs index (0-8) - It is assumed that the warehouse operates 30 days a month from 9:00 a.m. to 5:00 • Duration and frequency of power outages (0–3) p.m. (8 hours a day), with equipment utilized at 80% of capacity on average and that • Tools to monitor power outages (0–1) there are no electricity cuts (assumed for simplicity reasons) and the monthly energy consumption is 26,880 kilowatt-hours (kWh); hourly consumption is 112 kWh. • Tools to restore power supply (0–1) - If multiple electricity suppliers exist, the warehouse is served by the cheapest • Regulatory monitoring of utilities’ performance supplier. (0–1) - Tariffs effective in January of the current year are used for calculation of the price of electricity for the warehouse. Although January has 31 days, for calculation • Financial deterrents limiting outages (0–1) purposes only 30 days are used. • Transparency and accessibility of tariffs (0–1) Price of electricity (cents per kilowatt-hour)* • Price based on monthly bill for commercial warehouse in case study *Note: Doing Business measures the price of electricity, but it is not included in the ease of doing business score nor the ranking on the ease of getting electricity. Page 17 Doing Business 2019 Rwanda Getting Electricity - Rwanda Standardized Connection Price of electricity (US cents per kWh) 13.9 Name of utility REG - EUCL City Covered Kigali Indicator Rwanda Sub-Saharan OECD high Best Regulatory Africa income Performance Procedures (number) 4 5.2 4.5 3 (25 Economies) Time (days) 30 112.0 77.2 18 (3 Economies) Cost (% of income per capita) 2083.3 3456.5 64.2 0.0 (3 Economies) Reliability of supply and transparency of tariff 5 1.6 7.5 8.0 (27 Economies) index (0-8) Figure – Getting Electricity in Rwanda and comparator economies – Ranking and Score DB 2019 Getting Electricity Score 0 100 86.24: Mauritius (Rank: 34) 78.72: Rwanda (Rank: 68) 71.02: Mozambique (Rank: 100) 49.00: Regional Average (Sub-Saharan Africa) 34.67: Congo, Dem. Rep. (Rank: 174) 26.45: Burundi (Rank: 183) Note: The ranking of economies on the ease of getting electricity is determined by sorting their scores for getting electricity. These scores are the simple average of the scores for all the component indicators except the price of electricity. Page 18 Doing Business 2019 Rwanda Figure – Getting Electricity in Rwanda – Procedure, Time and Cost Time (days) Cost (% of income per capita) 30 2500 Cost (% of income per capita) 25 2000 20 Time (days) 1500 15 1000 10 500 5 0 0 1 2 3 4 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Figure – Getting Electricity in Rwanda and comparator economies – Measure of Quality 8 7 6 6 Index score 5 5 4 4 3 2 1.6 1 0 0 0 Rwanda Burundi Congo, Dem. Rep. Mauritius Mozambique Sub-Saharan Africa Page 19 Doing Business 2019 Rwanda Details – Getting Electricity in Rwanda – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Submit application and await inspection 4 calendar days USD 0 Agency : REG-EUCL The customer has to fill out an application form. A copy of the ID card should be attached to the application. This procedure is done in person at the utility. After the external inspection, the customer receives the estimate of the connection fees. 2 Obtain external inspection and await estimate 4 calendar days RWF 0 Agency : REG-EUCL After approval of the application by the technical department, the customer has to pay a fee at REG-EUCL and arrange an appointment with technical experts from the utility. Usually, the technicians will be available to visit the property within 24 to 48 hours after payment. The customer then picks up technicians at the utility and takes them to the property for an external inspection of the site. 3 Pay estimate and purchase material for external connection 7 calendar days USD 15,000 Agency : REG-EUCL REG-EUCL entered into supply contracts with manufacturers and/or distributors of electronic equipment from whom they purchase equipment in bulk at lower wholesale prices. Customers, therefore, now have the option of purchasing equipment at the utility or in the private market. They prefer the former option as it is cheaper. Sometimes REG carries transformers in stock, and sometimes they need to process new orders. Once the customer places an order, all material is tested ahead of the commencement of the external works. 4 Obtain external works, meter installation and final connection by utility 15 calendar days USD 0 Agency : REG-EUCL The utility is in charge of the external connection works, however the utility outsources the works to private companies. The meter is installed at the same time. Electricity starts flowing immediately after the meter has been opened. Takes place simultaneously with previous procedure. Page 20 Doing Business 2019 Rwanda Details – Getting Electricity in Rwanda – Measure of Quality Answer Reliability of supply and transparency of tariff index (0-8) 5 Total duration and frequency of outages per customer a year (0-3) 0 System average interruption duration index (SAIDI) 14.0 System average interruption frequency index (SAIFI) 21.1 What is the minimum outage time (in minutes) that the utility considers for the calculation of SAIDI/SAIFI 5.0 Mechanisms for monitoring outages (0-1) 1 Does the distribution utility use automated tools to monitor outages? Yes Mechanisms for restoring service (0-1) 1 Does the distribution utility use automated tools to restore service? Yes Regulatory monitoring (0-1) 1 Does a regulator—that is, an entity separate from the utility—monitor the utility’s performance on reliability of Yes supply? Financial deterrents aimed at limiting outages (0-1) 1 Does the utility either pay compensation to customers or face fines by the regulator (or both) if outages Yes exceed a certain cap? Communication of tariffs and tariff changes (0-1) 1 Are effective tariffs available online? Yes Link to the website, if available online www.reg.rw/index.ph p/tariff-publication Are customers notified of a change in tariff ahead of the billing cycle? Yes Note: If the duration and frequency of outages is 100 or less, the economy is eligible to score on the Reliability of supply and transparency of tariff index. If the duration and frequency of outages is not available, or is over 100, the economy is not eligible to score on the index. If the minimum outage time considered for SAIDI/SAIFI is over 5 minutes, the economy is not eligible to score on the index. Page 21 Doing Business 2019 Rwanda Registering Property This topic examines the steps, time and cost involved in registering property, assuming a standardized case of an entrepreneur who wants to purchase land and a building that is already registered and free of title dispute. In addition, the topic also measures the quality of the land administration system in each economy. The quality of land administration index has five dimensions: reliability of infrastructure, transparency of information, geographic coverage, land dispute resolution, and equal access to property rights. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Procedures to legally transfer title on To make the data comparable across economies, several assumptions about the immovable property (number) parties to the transaction, the property and the procedures are used. • Preregistration procedures (for example, The parties (buyer and seller): checking for liens, notarizing sales agreement, paying property transfer taxes) - Are limited liability companies (or the legal equivalent). - Are located in the periurban area of the economy’s largest business city. For 11 • Registration procedures in the economy's largest economies the data are also collected for the second largest business city. business city. - Are 100% domestically and privately owned. • Postregistration procedures (for example, filling - Have 50 employees each, all of whom are nationals. title with municipality) - Perform general commercial activities. Time required to complete each procedure The property (fully owned by the seller): (calendar days) - Has a value of 50 times income per capita, which equals the sale price. • Does not include time spent gathering - Is fully owned by the seller. information - Has no mortgages attached and has been under the same ownership for the past • Each procedure starts on a separate day - 10 years. though procedures that can be fully completed - Is registered in the land registry or cadastre, or both, and is free of title disputes. online are an exception to this rule - Is located in a periurban commercial zone, and no rezoning is required. - Consists of land and a building. The land area is 557.4 square meters (6,000 • Procedure is considered completed once final square feet). A two-story warehouse of 929 square meters (10,000 square feet) is document is received located on the land. The warehouse is 10 years old, is in good condition, has no • No prior contact with officials heating system and complies with all safety standards, building codes and legal requirements. The property, consisting of land and building, will be transferred in its Cost required to complete each procedure (% of entirety. property value) - Will not be subject to renovations or additional construction following the purchase. - Has no trees, natural water sources, natural reserves or historical monuments of • Official costs only (such as administrative fees, duties and taxes). any kind. - Will not be used for special purposes, and no special permits, such as for • Value Added Tax, Capital Gains Tax and illicit residential use, industrial plants, waste storage or certain types of agricultural payments are excluded activities, are required. - Has no occupants, and no other party holds a legal interest in it. Quality of land administration index (0-30) • Reliability of infrastructure index (0-8) • Transparency of information index (0–6) • Geographic coverage index (0–8) • Land dispute resolution index (0–8) • Equal access to property rights index (-2–0) Page 22 Doing Business 2019 Rwanda Registering Property - Rwanda Indicator Rwanda Sub-Saharan OECD high Best Regulatory Africa income Performance Procedures (number) 3 6.2 4.7 1 (4 Economies) Time (days) 7 53.9 20.1 1 (New Zealand) Cost (% of property value) 0.1 7.6 4.2 0.0 (Saudi Arabia) Quality of the land administration index (0-30) 28.5 8.8 23.0 None in 2017/18 Figure – Registering Property in Rwanda and comparator economies – Ranking and Score DB 2019 Registering Property Score 0 100 93.70: Rwanda (Rank: 2) 78.74: Mauritius (Rank: 35) 62.58: Burundi (Rank: 97) 52.94: Mozambique (Rank: 133) 52.62: Regional Average (Sub-Saharan Africa) 47.14: Congo, Dem. Rep. (Rank: 156) Note: The ranking of economies on the ease of registering property is determined by sorting their scores for registering property. These scores are the simple average of the scores for each of the component indicators. Figure – Registering Property in Rwanda – Procedure, Time and Cost Time (days) Cost (% of property value) 7 0.12 6 0.1 Cost (% of property value) 5 0.08 Time (days) 4 0.06 3 0.04 2 0.02 1 0 0 1 2 3 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Page 23 Doing Business 2019 Rwanda Figure – Registering Property in Rwanda and comparator economies – Measure of Quality 30 28.5 25 Index score 20 18.0 15 10.0 10 8.8 7.5 4.5 5 0 Rwanda Burundi Congo, Dem. Rep. Mauritius Mozambique Sub-Saharan Africa Details – Registering Property in Rwanda – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Conduct a title search at the District Land Registry 1 day RWF 30,000; Agency : Rwanda Land Management and Use Authority (Transfer Fees RWF The buyer should perform due diligence before entering into a sale agreement 20,000 + Notary Fees with the owner of the property by making sure that the property has no charges RWF 5,000 + Fees to against it. The buyer will request a title search with the Office of the Registrar of establish a new Land Titles District Land Registry. A letter will be issued by the Office of the Registration Registrar providing information on the status of the property. certificate: RWF At this time if the potential buyer is satisfied with the search, he/she will pay the 5,000 as established total amount of RWF 30,000 by Presidential Order No. 25/01 of Total Transfer and Notary Fees: RWF 30,000 (Art. 16 of the Official Gazette nº 09/07/2012 Special of 27/07/2012 – Page 67) Establishing the List of Fees And Other Notary Fees: RWF 5,000 (art. 17 of the Official Gazette nº 13 of 27/03/2017 – Charges Levied By page 9) - Presidential Order N°100/01 of 24/02/2017 Establishing the List of Fees Decentralized Entities And Other Charges Levied By Decentralized Entities And Determining Their And Determining Thresholds Their Thresholds and Presidential Order Fees to establish a new Registration certificate: RWF 5,000 (Art. 16 of the Official Gazette nº Special of 27/07/2012 – Page 69) No. 100/01 of 24/02/2017 There is no more need to pay for additional copies; the RWF 5,000 includes the Determining Fees fees for 3 copies + the cost of the cancellation of the old registration certificate. Paid for Notarial This information is posted in the Land Registry. Services.) 2 The sale agreement is notarized 2 days Paid in procedure 1 Agency : Notary at the Sector level The law requires that the sale agreement be authenticated by a notary. Article 35 of the property law specifies that for the transfer of any property, any adult of 21 years or older, must give their consent to the transfer of property. It is the practice that parties ask the notary to draft the sale agreement himself. In order to facilitate land transfers, the District Land Registry set up a short form of 2 pages, fulfilled by the parties to the contract. In principle, the contract shall be made of 3 mandatory copies, 2 of which are given to the parties (the buyer and the seller), the remaining (which is actually the minute) is kept by the land notary in his/her records. The buyer and seller will meet with the notary at the Sector Level to sign the sales agreement. There must be two witnesses signing on the sales agreement as well. Page 24 Doing Business 2019 Rwanda 3 Finalize registration at the District Land Registry and obtain new deed 4 days Paid in procedure 1 Agency : District Land Registry The seller takes the authenticated sale agreement, the registration receipt and the certificate of good fiscal standing to the Land Registry and files a request of the transfer of property. The documents to be provided are the following: (1) Completed form to request the transfer (2) Original property title (3) The notarized sale agreement (4) Copies of identification of the buyer and seller (5) Proof of payment of transfer and notarial fees equivalent to twenty seven thousand Rwandan Francs paid into the bank account of the district where the land is located. Once the request is made at the District Land Registry level, the document will be scanned and sent to the Rwanda Natural Resources Authority where it will be approved and the new title signed. The new title will then be sent to the District Level where the new owner will come and pick it up. Takes place simultaneously with previous procedure. Page 25 Doing Business 2019 Rwanda Details – Registering Property in Rwanda – Measure of Quality Answer Score Reliability of infrastructure index (0-8) 8.0 What is the institution in charge of immovable property registration? Rwanda Land Management and Use Authority In what format are the majority of title or deed records kept in the largest business city—in a Computer/Fully 2.0 paper format or in a computerized format (scanned or fully digital)? digital Is there an electronic database for checking for encumbrances (liens, mortgages, restrictions Yes 1.0 and the like)? Institution in charge of the plans showing legal boundaries in the largest business city: Rwanda Land Management and Use Authority In what format are the majority of maps of land plots kept in the largest business city—in a Computer/Fully 2.0 paper format or in a computerized format (scanned or fully digital)? digital Is there an electronic database for recording boundaries, checking plans and providing Yes 1.0 cadastral information (geographic information system)? Is the information recorded by the immovable property registration agency and the cadastral Different 1.0 or mapping agency kept in a single database, in different but linked databases or in separate databases but databases? linked Do the immovable property registration agency and cadastral or mapping agency use the Yes 1.0 same identification number for properties? Transparency of information index (0–6) 4.5 Who is able to obtain information on land ownership at the agency in charge of immovable Only 0.0 property registration in the largest business city? intermediaries and interested parties Is the list of documents that are required to complete any type of property transaction made Yes, online 0.5 publicly available–and if so, how? Link for online access: http://www.rlma.r w/uploads/media/ Land_Admin_Pro cedure_Manual_f inal.pdf Is the applicable fee schedule for any property transaction at the agency in charge of Yes, online 0.5 immovable property registration in the largest business city made publicly available–and if so, how? Link for online access: Presidential Order n°25/01 of 09/07/2012 establishing the list of fees and other charges levied by decentralized entities and determining their thresholds, published in the Official Gazette number Special of 27/07/2012, available online at: http://www.rlma.r w/one-step-one- day-transfer/ Does the agency in charge of immovable property registration commit to delivering a legally Yes, online 0.5 binding document that proves property ownership within a specific time frame–and if so, how does it communicate the service standard? Page 26 Doing Business 2019 Rwanda Link for online access: http://www.rlma.r w/fileadmin/user_ upload/PDF_Doc uments/IBYUBA HIRIZWA_MU_G UTANGA_SERIV ISE.pdf Is there a specific and separate mechanism for filing complaints about a problem that Yes 1.0 occurred at the agency in charge of immovable property registration? Contact information: ttp://www.rlma.rw /home/ Are there publicly available official statistics tracking the number of transactions at the Yes 0.5 immovable property registration agency? Number of property transfers in the largest business city in 2017: 18277.0 Who is able to consult maps of land plots in the largest business city? Only 0.0 intermediaries and interested parties Is the applicable fee schedule for accessing maps of land plots made publicly available— Yes, online 0.5 and if so, how? Link for online access: Presidential Order n°25/01 of 09/07/2012 establishing the list of fees and other charges levied by decentralized entities and determining their thresholds, published in the Official Gazette number Special of 27/07/2012, available online at: http://www.rlma.r w/publications/la ws-regulations/ http://www.rlma.r w/departments- units/land- management- and-spatial- planning/ Does the cadastral or mapping agency commit to delivering an updated map within a Yes, online 0.5 specific time frame—and if so, how does it communicate the service standard? Link for online access: http://www.rlma.r w/fileadmin/user_ upload/PDF_Doc uments/IBYUBA HIRIZWA_MU_G UTANGA_SERIV ISE.pdf Is there a specific and separate mechanism for filing complaints about a problem that Yes 0.5 occurred at the cadastral or mapping agency? Contact information: http://www.rlma.r w/home/ Geographic coverage index (0–8) 8.0 Are all privately held land plots in the economy formally registered at the immovable property Yes 2.0 registry? Are all privately held land plots in the largest business city formally registered at the Yes 2.0 immovable property registry? Page 27 Doing Business 2019 Rwanda Are all privately held land plots in the economy mapped? Yes 2.0 Are all privately held land plots in the largest business city mapped? Yes 2.0 Land dispute resolution index (0–8) 8.0 Does the law require that all property sale transactions be registered at the immovable Yes 1.5 property registry to make them opposable to third parties? Is the system of immovable property registration subject to a state or private guarantee? Yes 0.5 Is there a specific compensation mechanism to cover for losses incurred by parties who Yes 0.5 engaged in good faith in a property transaction based on erroneous information certified by the immovable property registry? Does the legal system require a control of legality of the documents necessary for a property Yes 0.5 transaction (e.g., checking the compliance of contracts with requirements of the law)? If yes, who is responsible for checking the legality of the documents? Registrar; Notary; Does the legal system require verification of the identity of the parties to a property Yes 0.5 transaction? If yes, who is responsible for verifying the identity of the parties? Registrar; Notary; Is there a national database to verify the accuracy of identity documents? Yes 1.0 For a standard land dispute between two local businesses over tenure rights of a property Intermediate worth 50 times gross national income (GNI) per capita and located in the largest business Court of the city, what court would be in charge of the case in the first instance? location of the plot How long does it take on average to obtain a decision from the first-instance court for such a Less than a year 3.0 case (without appeal)? Are there any statistics on the number of land disputes in the first instance? Yes 0.5 Number of land disputes in the largest business city in 2017: 250 in all courts (36 High Court Kigali, 6 Tribunal Intermediaire Gasabo, 2 Tribunal Intermediaire Nyarugenge) Equal access to property rights index (-2–0) 0.0 Do unmarried men and unmarried women have equal ownership rights to property? Yes Do married men and married women have equal ownership rights to property? Yes 0.0 Page 28 Doing Business 2019 Rwanda Getting Credit This topic explores two sets of issues—the strength of credit reporting systems and the effectiveness of collateral and bankruptcy laws in facilitating lending. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Strength of legal rights index (0–12) Doing Business assesses the sharing of credit information and the legal rights of borrowers and lenders with respect to secured transactions through 2 sets of • Rights of borrowers and lenders through indicators. The depth of credit information index measures rules and practices collateral laws (0-10) affecting the coverage, scope and accessibility of credit information available • Protection of secured creditors’ rights through through a credit registry or a credit bureau. The strength of legal rights index bankruptcy laws (0-2) measures the degree to which collateral and bankruptcy laws protect the rights of borrowers and lenders and thus facilitate lending. For each economy it is first Depth of credit information index (0–8) determined whether a unitary secured transactions system exists. Then two case • Scope and accessibility of credit information scenarios, case A and case B, are used to determine how a nonpossessory security distributed by credit bureaus and credit registries interest is created, publicized and enforced according to the law. Special emphasis (0-8) is given to how the collateral registry operates (if registration of security interests is possible). The case scenarios involve a secured borrower, company ABC, and a Credit bureau coverage (% of adults) secured lender, BizBank. • Number of individuals and firms listed in largest In some economies the legal framework for secured transactions will allow only case credit bureau as a percentage of adult population A or case B (not both) to apply. Both cases examine the same set of legal provisions Credit registry coverage (% of adults) relating to the use of movable collateral. • Number of individuals and firms listed in credit Several assumptions about the secured borrower (ABC) and lender (BizBank) registry as a percentage of adult population are used: - ABC is a domestic limited liability company (or its legal equivalent). - ABC has up to 50 employees. - ABC has its headquarters and only base of operations in the economy’s largest business city. For 11 economies the data are also collected for the second largest business city. - Both ABC and BizBank are 100% domestically owned. The case scenarios also involve assumptions. In case A, as collateral for the loan, ABC grants BizBank a nonpossessory security interest in one category of movable assets, for example, its machinery or its inventory. ABC wants to keep both possession and ownership of the collateral. In economies where the law does not allow nonpossessory security interests in movable property, ABC and BizBank use a fiduciary transfer-of-title arrangement (or a similar substitute for nonpossessory security interests). In case B, ABC grants BizBank a business charge, enterprise charge, floating charge or any charge that gives BizBank a security interest over ABC’s combined movable assets (or as much of ABC’s movable assets as possible). ABC keeps ownership and possession of the assets. Page 29 Doing Business 2019 Rwanda Getting Credit - Rwanda Indicator Rwanda Sub-Saharan OECD high Best Regulatory Africa income Performance Strength of legal rights index (0-12) 11 5.2 6.1 12 (5 Economies) Depth of credit information index (0-8) 8 3.3 6.7 8 (42 Economies) Credit registry coverage (% of adults) 9.2 7.0 21.8 100.0 (4 Economies) Credit bureau coverage (% of adults) 20.1 8.9 65.3 100.0 (25 Economies) Figure – Getting Credit in Rwanda and comparator economies – Ranking and Score DB 2019 Getting Credit Score 0 100 95.00: Rwanda (Rank: 3) 65.00: Mauritius (Rank: 60) 42.08: Regional Average (Sub-Saharan Africa) 30.00: Congo, Dem. Rep. (Rank: 144) 25.00: Mozambique (Rank: 161) 10.00: Burundi (Rank: 178) Note: The ranking of economies on the ease of getting credit is determined by sorting their scores for getting credit. These scores are the sum of the scores for the strength of legal rights index and the depth of credit information index. Figure – Legal Rights in Rwanda and comparator economies 11 8 7 6 6 6 5.2 Index Score 5 4 3 2 2 1 1 0 Rwanda Burundi Congo, Dem. Rep. Mauritius Mozambique Sub-Saharan Africa Page 30 Doing Business 2019 Rwanda Details – Legal Rights in Rwanda Strength of legal rights index (0-12) 11 Does an integrated or unified legal framework for secured transactions that extends to the creation, publicity and Yes enforcement of functional equivalents to security interests in movable assets exist in the economy? Does the law allow businesses to grant a non possessory security right in a single category of movable assets, without Yes requiring a specific description of collateral? Does the law allow businesses to grant a non possessory security right in substantially all of its assets, without requiring a Yes specific description of collateral? May a security right extend to future or after-acquired assets, and does it extend automatically to the products, proceeds and Yes replacements of the original assets? Is a general description of debts and obligations permitted in collateral agreements; can all types of debts and obligations be Yes secured between parties; and can the collateral agreement include a maximum amount for which the assets are encumbered? Is a collateral registry in operation for both incorporated and non-incorporated entities, that is unified geographically and by Yes asset type, with an electronic database indexed by debtor's name? Does a notice-based collateral registry exist in which all functional equivalents can be registered? No Does a modern collateral registry exist in which registrations, amendments, cancellations and searches can be performed Yes online by any interested third party? Are secured creditors paid first (i.e. before tax claims and employee claims) when a debtor defaults outside an insolvency Yes procedure? Are secured creditors paid first (i.e. before tax claims and employee claims) when a business is liquidated? Yes Are secured creditors subject to an automatic stay on enforcement when a debtor enters a court-supervised reorganization Yes procedure? Does the law protect secured creditors’ rights by providing clear grounds for relief from the stay and sets a time limit for it? Does the law allow parties to agree on out of court enforcement at the time a security interest is created? Does the law allow Yes the secured creditor to sell the collateral through public auction or private tender, as well as, for the secured creditor to keep the asset in satisfaction of the debt? Figure – Credit Information in Rwanda and comparator economies 8 8 7 7 6 Index Score 5 4 4 3.3 3 2 1 0 0 0 Rwanda Burundi Congo, Dem. Rep. Mauritius Mozambique Sub-Saharan Africa Page 31 Doing Business 2019 Rwanda Details – Credit Information in Rwanda Depth of credit information index (0-8) Credit Credit Score bureau registry Are data on both firms and individuals distributed? Yes Yes 1 Are both positive and negative credit data distributed? Yes Yes 1 Are data from retailers or utility companies - in addition to data from banks and Yes No 1 financial institutions - distributed? Are at least 2 years of historical data distributed? (Credit bureaus and registries Yes Yes 1 that distribute more than 10 years of negative data or erase data on defaults as soon as they are repaid obtain a score of 0 for this component.) Are data on loan amounts below 1% of income per capita distributed? Yes Yes 1 By law, do borrowers have the right to access their data in the credit bureau or Yes Yes 1 credit registry? Can banks and financial institutions access borrowers’ credit information online Yes Yes 1 (for example, through an online platform, a system-to-system connection or both)? Are bureau or registry credit scores offered as a value-added service to help Yes No 1 banks and financial institutions assess the creditworthiness of borrowers? Total Score ("yes" to either public bureau or private registry) 8 Note: An economy receives a score of 1 if there is a "yes" to either bureau or registry. If the credit bureau or registry is not operational or covers less than 5% of the adult population, the total score on the depth of credit information index is 0. Coverage Credit bureau Credit registry Number of individuals 1,352,780 601,843 Number of firms 44,610 36,868 Total 1,397,390 638,711 Percentage of adult population 20.1 9.2 Page 32 Doing Business 2019 Rwanda Protecting Minority Investors This topic measures the strength of minority shareholder protections against misuse of corporate assets by directors for their personal gain as well as shareholder rights, governance safeguards and corporate transparency requirements that reduce the risk of abuse. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions • Extent of disclosure index (0–10): Review and To make the data comparable across economies, a case study uses several approval requirements for related-party assumptions about the business and the transaction. transactions; Disclosure requirements for related- party transactions The business (Buyer): • Extent of director liability index (0–10): Ability - Is a publicly traded corporation listed on the economy’s most important stock of minority shareholders to sue and hold exchange. If there are fewer than ten listed companies or if there is no stock interested directors liable for prejudicial related- exchange in the economy, it is assumed that Buyer is a large private company with party transactions; Available legal remedies multiple shareholders. (damages, disgorgement of profits, fines, - Has a board of directors and a chief executive officer (CEO) who may legally act on imprisonment, rescission of the transaction) behalf of Buyer where permitted, even if this is not specifically required by law. • Ease of shareholder suits index (0–10): - Has a supervisory board in economies with a two-tier board system on which Mr. Access to internal corporate documents; James appointed 60% of the shareholder-elected members. Evidence obtainable during trial and allocation of - Has not adopted bylaws or articles of association that go beyond the minimum legal expenses requirements. Does not follow codes, principles, recommendations or guidelines that are not mandatory. • Extent of conflict of interest regulation index - Is a manufacturing company with its own distribution network. (0–10): Simple average of the extent of disclosure, extent of director liability and ease of The transaction involves the following details: shareholder indices - Mr. James owns 60% of Buyer, sits on Buyer’s board of directors and elected two • Extent of shareholder rights index (0-10): directors to Buyer’s five-member board. Shareholders’ rights and role in major corporate - Mr. James also owns 90% of Seller, a company that operates a chain of retail decisions hardware stores. Seller recently closed a large number of its stores. • Extent of ownership and control index (0-10): - Mr. James proposes that Buyer purchase Seller’s unused fleet of trucks to expand Governance safeguards protecting shareholders Buyer’s distribution of its food products, a proposal to which Buyer agrees. The price from undue board control and entrenchment is equal to 10% of Buyer’s assets and is higher than the market value. - The proposed transaction is part of the company’s principal activity and is not • Extent of corporate transparency index (0-10): outside the authority of the company. Corporate transparency on ownership stakes, - Buyer enters into the transaction. All required approvals are obtained, and all compensation, audits and financial prospects required disclosures made—that is, the transaction was not entered into fraudulently. • Extent of shareholder governance index (0– - The transaction causes damages to Buyer. Shareholders sue Mr. James and the 10): Simple average of the extent of shareholders executives and directors that approved the transaction. rights, extent of ownership and control and extent of corporate transparency indices • Strength of minority investor protection index (0–10): Simple average of the extent of conflict of interest regulation and extent of shareholder governance indices Page 33 Doing Business 2019 Rwanda Protecting Minority Investors - Rwanda Indicator Rwanda Sub-Saharan OECD high Best Regulatory Africa income Performance Extent of disclosure index (0-10) 8.0 5.5 6.5 10 (13 Economies) Extent of director liability index (0-10) 9.0 3.5 5.3 10 (Cambodia) Ease of shareholder suits index (0-10) 5.0 5.5 7.3 10 (Djibouti) Extent of shareholder rights index (0-10) 8.0 4.6 6.4 10 (Kazakhstan) Extent of ownership and control index (0-10) 9.0 3.4 5.4 None in 2017/18 Extent of corporate transparency index (0-10) 7.0 4.1 7.6 10 (6 Economies) Figure – Protecting Minority Investors in Rwanda and comparator economies – Ranking and Score DB 2019 Protecting Minority Investors Score 0 100 76.67: Rwanda (Rank: 14) 75.00: Mauritius (Rank: 15) 44.55: Regional Average (Sub-Saharan Africa) 43.33: Burundi (Rank: 132) 41.67: Mozambique (Rank: 140) 36.67: Congo, Dem. Rep. (Rank: 165) Note: The ranking of economies on the strength of minority investor protections is determined by sorting their scores for protecting minority investors. These scores are the simple average of the scores for the extent of conflict of interest regulation index and the extent of shareholder governance index. Figure – Protecting Minority Investors in Rwanda and comparator economies – Measure of Quality Rwanda 7 9 8 9 8 5 Burundi 2 7 8 1 6 2 Congo, Dem. Rep. 4 1 7 3 4 3 Mauritius 8 8 7 6 7 9 Mozambique 1 4 5 2 6 7 OECD high income 7.4 5.5 6.5 5.2 6.3 7.4 Sub-Saharan Africa 4.3 3.6 5.6 3.4 4.7 5.6 0 5 10 15 20 25 30 35 40 45 50 Sub-Indicator Score Extent of corporate transparency index (0-10) Extent of director liability index (0-10) Extent of disclosure index (0-10) Extent of ownership and control index (0-10) Extent of shareholder rights index (0-10) Ease of shareholder suits index (0-10) Page 34 Doing Business 2019 Rwanda Details – Protecting Minority Investors in Rwanda – Measure of Quality Answer Score Extent of conflict of interest regulation index (0-10) 7.3 Extent of disclosure index (0-10) 8.0 Whose decision is sufficient to approve the Buyer-Seller transaction? (0-3) Shareholders 3.0 excluding interested parties Must an external body review the terms of the transaction before it takes place? (0-1) Yes 1.0 Must Mr. James disclose his conflict of interest to the board of directors? (0-2) Full disclosure of 2.0 all material facts Must Buyer disclose the transaction in periodic filings (e.g. annual reports)? (0-2) Disclosure on the 2.0 transaction and on the conflict of interest Must Buyer immediately disclose the transaction to the public? (0-2) No disclosure 0.0 obligation Extent of director liability index (0-10) 9.0 Can shareholders representing 10% of Buyer's share capital sue for the damage the Yes 1.0 transaction caused to Buyer? (0-1) Can shareholders hold Mr. James liable for the damage the transaction caused to Buyer? (0- Liable if unfair or 2.0 2) prejudicial Can shareholders hold the other directors liable for the damage the transaction caused to Liable if unfair or 2.0 Buyer (0-2) prejudicial Must Mr. James pay damages for the harm caused to Buyer upon a successful claim by Yes 1.0 shareholders? (0-1) Must Mr. James repay profits made from the transaction upon a successful claim by Yes 1.0 shareholders? (0-1) Is Mr. James disqualified upon a successful claim by shareholders? (0-1) No 0.0 Can a court void the transaction upon a successful claim by shareholders? (0-2) Voidable if unfair 2.0 or prejudicial Ease of shareholder suits index (0-10) 5.0 Before suing, can shareholders representing 10% of Buyer's share capital inspect the Yes 1.0 transaction documents? (0-1) Can the plaintiff obtain any documents from the defendant and witnesses at trial? (0-3) No 0.0 Can the plaintiff request categories of documents from the defendant without identifying No 0.0 specific ones? (0-1) Can the plaintiff directly question the defendant and witnesses at trial? (0-2) Preapproved 1.0 questions only Is the level of proof required for civil suits lower than that of criminal cases? (0-1) Yes 1.0 Can shareholder plaintiffs recover their legal expenses from the company? (0-2) Yes regardless of 2.0 outcome Extent of shareholder governance index (0-10) 8.0 Extent of shareholder rights index (0-10) 8.0 Does the sale of 51% of Buyer's assets require shareholder approval? Yes 1.0 Can shareholders representing 10% of Buyer's share capital call for a meeting of Yes 1.0 shareholders? Must Buyer obtain its shareholders’ approval every time it issues new shares? Yes 1.0 Do shareholders automatically receive preemption rights every time Buyer issues new No 0.0 shares? Page 35 Doing Business 2019 Rwanda Must shareholders approve the election and dismissal of the external auditor? Yes 1.0 Are changes to the rights of a class of shares only possible if the holders of the affected Yes 1.0 shares approve? Assuming that Buyer is a limited company, does the sale of 51% of its assets require Yes 1.0 member approval? Assuming that Buyer is a limited company, can members representing 10% call for a Yes 1.0 meeting of members? Assuming that Buyer is a limited company, must all or almost all members consent to add a Yes 1.0 new member? Assuming that Buyer is a limited company, must a member first offer to sell their interest to No 0.0 the existing members before they can sell to non-members? Extent of ownership and control index (0-10) 9.0 Is it forbidden to appoint the same individual as CEO and chairperson of the board of Yes 1.0 directors? Must the board of directors include independent and nonexecutive board members? Yes 1.0 Can shareholders remove members of the board of directors without cause before the end Yes 1.0 of their term? Must the board of directors include a separate audit committee exclusively comprising board Yes 1.0 members? Must a potential acquirer make a tender offer to all shareholders upon acquiring 50% of Yes 1.0 Buyer? Must Buyer pay declared dividends within a maximum period set by law? Yes 1.0 Is a subsidiary prohibited from acquiring shares issued by its parent company? Yes 1.0 Assuming that Buyer is a limited company, must Buyer have a mechanism to resolve Yes 1.0 disagreements among members? Assuming that Buyer is a limited company, must a potential acquirer make a tender offer to No 0.0 all shareholders upon acquiring 50% of Buyer? Assuming that Buyer is a limited company, must Buyer distribute profits within a maximum Yes 1.0 period set by law? Extent of corporate transparency index (0-10) 7.0 Must Buyer disclose direct and indirect beneficial ownership stakes representing 5%? Yes 1.0 Must Buyer disclose information about board members’ primary employment and Yes 1.0 directorships in other companies? Must Buyer disclose the compensation of individual managers? Yes 1.0 Must a detailed notice of general meeting be sent 21 days before the meeting? No 0.0 Can shareholders representing 5% of Buyer’s share capital put items on the general meeting No 0.0 agenda? Must Buyer's annual financial statements be audited by an external auditor? Yes 1.0 Must Buyer disclose its audit reports to the public? Yes 1.0 Assuming that Buyer is a limited company, must members meet at least once a year? Yes 1.0 Assuming that Buyer is a limited company, can members representing 5% put items on the No 0.0 meeting agenda? Assuming that Buyer is a limited company, must Buyer's annual financial statements be Yes 1.0 audited by an external auditor? Page 36 Doing Business 2019 Rwanda Paying Taxes This topic records the taxes and mandatory contributions that a medium-size company must pay or withhold in a given year, as well as the administrative burden of paying taxes and contributions and complying with postfiling procedures (VAT refund and tax audit). The most recent round of data collection for the project was completed in May 2018 covering for the Paying Taxes indicator calendar year 2017 (January 1, 2017 – December 31, 2017). See the methodology for more information. What the indicators measure Case study assumptions Tax payments for a manufacturing company in Using a case scenario, Doing Business records taxes and mandatory contributions a 2017 (number per year adjusted for electronic medium size company must pay in a year, and measures the administrative burden and joint filing and payment) of paying taxes, contributions and dealing with postfiling processes. Information is also compiled on frequency of filing and payments, time taken to comply with tax • Total number of taxes and contributions paid or laws, time taken to comply with the requirements of postfiling processes and time withheld, including consumption taxes (value waiting. added tax, sales tax or goods and service tax) • Method and frequency of filing and payment To make data comparable across economies, several assumptions are used: - TaxpayerCo is a medium-size business that started operations on January 1, 2016. Time required to comply with 3 major taxes It produces ceramic flowerpots and sells them at retail. All taxes and contributions (hours per year) recorded are paid in the second year of operation (calendar year 2017). Taxes and • Collecting information, computing tax payable mandatory contributions are measured at all levels of government. • Preparing separate tax accounting books, if The VAT refund process: required - In June 2017, TaxpayerCo. makes a large capital purchase: the value of the • Completing tax return, filing with agencies machine is 65 times income per capita of the economy. Sales are equally spread per month (1,050 times income per capita divided by 12) and cost of goods sold are • Arranging payment or withholding equally expensed per month (875 times income per capita divided by 12). The machinery seller is registered for VAT and excess input VAT incurred in June will be Total tax and contribution rate (% of commercial profits) fully recovered after four consecutive months if the VAT rate is the same for inputs, sales and the machine and the tax reporting period is every month. Input VAT will • Profit or corporate income tax exceed Output VAT in June 2017. • Social contributions, labor taxes paid by The corporate income tax audit process: employer - An error in calculation of income tax liability (for example, use of incorrect tax • Property and property transfer taxes depreciation rates, or incorrectly treating an expense as tax deductible) leads to an • Dividend, capital gains, financial transactions incorrect income tax return and a corporate income tax underpayment. TaxpayerCo. taxes discovered the error and voluntarily notified the tax authority. The value of the underpaid income tax liability is 5% of the corporate income tax liability • Waste collection, vehicle, road and other taxes due. TaxpayerCo. submits corrected information after the deadline for submitting the annual tax return, but within the tax assessment period. Postfiling Index • Time to comply with a VAT refund (hours) • Time to obtain a VAT refund (weeks) • Time to comply with a corporate income tax correction (hours) • Time to complete a corporate income tax correction (weeks) Page 37 Doing Business 2019 Rwanda Paying Taxes - Rwanda Indicator Rwanda Sub-Saharan OECD high Best Regulatory Africa income Performance Payments (number per year) 8 37.4 11.2 3 (Hong Kong SAR, China) Time (hours per year) 95.5 280.6 159.4 49 (Singapore) Total tax and contribution rate (% of profit) 33.2 46.8 39.8 26.1% (32 Economies) Postfiling index (0-100) 63.68 54.63 84.41 None in 2017/18 Figure – Paying Taxes in Rwanda and comparator economies – Ranking and Score DB 2019 Paying Taxes Score 0 100 93.50: Mauritius (Rank: 6) 84.55: Rwanda (Rank: 35) 64.04: Mozambique (Rank: 125) 60.87: Burundi (Rank: 138) 57.52: Regional Average (Sub-Saharan Africa) 39.40: Congo, Dem. Rep. (Rank: 180) Note: The ranking of economies on the ease of paying taxes is determined by sorting their scores for paying taxes. These scores are the simple average of the scores for each of the component indicators, with a threshold and a nonlinear transformation applied to one of the component indicators, the total tax and contribution rate. The threshold is defined as the total tax and contribution rate at the 15th percentile of the overall distribution for all years included in the analysis up to and including Doing Business 2015, which is 26.1%. All economies with a total tax and contribution rate below this threshold receive the same score as the economy at the threshold. Figure – Paying Taxes in Rwanda and comparator economies – Measure of Quality 98.26 100 80 63.68 Index score 60 54.63 50.19 40 28.21 27.08 20 0 Rwanda Burundi Congo, Dem. Rep. Mauritius Mozambique Sub-Saharan Africa Page 38 Doing Business 2019 Rwanda Details – Paying Taxes in Rwanda Tax or Payments Notes on Time Statutory Tax base Total tax Notes on mandatory (number) Payments (hours) tax rate and TTCR contribution contribution rate (% of profit) Corporate 1.0 online 18.5 30% taxable profit 25.72 income tax Social 1.0 online 29.0 3.3% gross salaries 5.98 security excluding contributions - transport employer allowance paid in cash Business 1.0 RWF 250,000 fixed fee 1.23 license Property tax 1.0 0.1% Value of 0.10 building Property 1.0 RWF 20,000 fixed fee 0.10 transfer tax Road 1.0 RWF 62.17 0.08 Maintenance per litre Levy Accident 0.0 jointly 2% gross salaries 0.00 insurance Fuel tax 1.0 fee per liter fuel 0.00 small amount consumption Value added 1.0 online 48.0 18% value added 0.00 not included tax (VAT) Withheld 0.0 gross salaries 0.00 withheld contributions Totals 8 95.5 33.2 Page 39 Doing Business 2019 Rwanda Details – Paying Taxes in Rwanda – Tax by Type Taxes by type Answer Profit tax (% of profit) 25.7 Labor tax and contributions (% of profit) 6 Other taxes (% of profit) 1.5 Page 40 Doing Business 2019 Rwanda Details – Paying Taxes in Rwanda – Measure of Quality Answer Score Postfiling index (0-100) 63.68 VAT refunds Does VAT exist? Yes Does a VAT refund process exist per the case study? Yes Restrictions on VAT refund process None Percentage of cases exposed to a VAT audit (%) 75% - 100% Is there a mandatory carry forward period? No Time to comply with VAT refund (hours) 9.0 82 Time to obtain a VAT refund (weeks) 41.2 26.71 Corporate income tax audits Does corporate income tax exist? Yes Percentage of cases exposed to a corporate income tax audit (%) 50% - 74% Time to comply with a corporate income tax correction (hours) 19.0 67.89 Time to complete a corporate income tax correction (weeks) 7.0 78.13 Notes: Names of taxes have been standardized. For instance income tax, profit tax, tax on company's income are all named corporate income tax in this table. The hours for VAT include all the VAT and sales taxes applicable. The hours for Social Security include all the hours for labor taxes and mandatory contributions in general. The postfiling index is the average of the scores on time to comply with VAT refund, time to obtain a VAT refund, time to comply with a corporate income tax correction and time to complete a corporate income tax correction. N/A = Not applicable. Page 41 Doing Business 2019 Rwanda Trading across Borders Doing Business records the time and cost associated with the logistical process of exporting and importing goods. Doing Business measures the time and cost (excluding tariffs) associated with three sets of procedures—documentary compliance, border compliance and domestic transport—within the overall process of exporting or importing a shipment of goods. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Documentary compliance To make the data comparable across economies, a few assumptions are made about the traded goods and the transactions: • Obtaining, preparing and submitting documents during transport, clearance, inspections and port Time: Time is measured in hours, and 1 day is 24 hours (for example, 22 days are or border handling in origin economy recorded as 22×24=528 hours). If customs clearance takes 7.5 hours, the data are • Obtaining, preparing and submitting documents recorded as is. Alternatively, suppose documents are submitted to a customs agency required by destination economy and any transit at 8:00a.m., are processed overnight and can be picked up at 8:00a.m. the next day. economies The time for customs clearance would be recorded as 24 hours because the actual • Covers all documents required by law and in procedure took 24 hours. practice, including electronic submissions of Cost: Insurance cost and informal payments for which no receipt is issued are information excluded from the costs recorded. Costs are reported in U.S. dollars. Contributors Border compliance are asked to convert local currency into U.S. dollars based on the exchange rate prevailing on the day they answer the questionnaire. Contributors are private sector • Customs clearance and inspections experts in international trade logistics and are informed about exchange rates. • Inspections by other agencies (if applied to more than 20% of shipments) Assumptions of the case study: - For all 190 economies covered by Doing Business, it is assumed a shipment is in a • Handling and inspections that take place at the warehouse in the largest business city of the exporting economy and travels to a economy’s port or border warehouse in the largest business city of the importing economy. - It is assumed each economy imports 15 metric tons of containerized auto parts (HS Domestic transport 8708) from its natural import partner—the economy from which it imports the largest • Loading or unloading of the shipment at the value (price times quantity) of auto parts. It is assumed each economy exports the warehouse or port/border product of its comparative advantage (defined by the largest export value) to its • Transport between warehouse and port/border natural export partner—the economy that is the largest purchaser of this product. Shipment value is assumed to be $50,000. • Traffic delays and road police checks while - The mode of transport is the one most widely used for the chosen export or import shipment is en route product and the trading partner, as is the seaport or land border crossing. - All electronic information submissions requested by any government agency in connection with the shipment are considered to be documents obtained, prepared and submitted during the export or import process. - A port or border is a place (seaport or land border crossing) where merchandise can enter or leave an economy. - Relevant government agencies include customs, port authorities, road police, border guards, standardization agencies, ministries or departments of agriculture or industry, national security agencies and any other government authorities. Page 42 Doing Business 2019 Rwanda Trading across Borders - Rwanda Indicator Rwanda Sub-Saharan OECD high Best Regulatory Africa income Performance Time to export: Border compliance (hours) 83 97.3 12.5 1 (19 Economies) Cost to export: Border compliance (USD) 183 605.8 139.1 0 (19 Economies) Time to export: Documentary compliance (hours) 30 72.8 2.4 1 (26 Economies) Cost to export: Documentary compliance (USD) 110 168.8 35.2 0 (20 Economies) Time to import: Border compliance (hours) 74 126.3 8.5 0 (25 Economies) Cost to import: Border compliance (USD) 282 684.3 100.2 0 (28 Economies) Time to import: Documentary compliance (hours) 48 97.7 3.4 1 (30 Economies) Cost to import: Documentary compliance (USD) 121 283.5 24.9 0 (30 Economies) Figure – Trading across Borders in Rwanda and comparator economies – Ranking and Score DB 2019 Trading Across Borders Score 0 100 81.00: Mauritius (Rank: 69) 74.98: Rwanda (Rank: 88) 73.84: Mozambique (Rank: 91) 53.59: Regional Average (Sub-Saharan Africa) 47.34: Burundi (Rank: 169) 3.45: Congo, Dem. Rep. (Rank: 188) Note: The ranking of economies on the ease of trading across borders is determined by sorting their scores for trading across borders. These scores are the simple average of the scores for the time and cost for documentary compliance and border compliance to export and import. Figure – Trading across Borders in Rwanda – Time and Cost Time (hours) Cost (USD) 90 83 282 300 80 74 250 70 Time (hours) Cost (USD) 60 183 200 48 50 121 150 40 110 30 30 100 20 50 10 0 0 Export Export Import Import - - - - Border Documentary Border Documentary Compliance Compliance Compliance Compliance Page 43 Doing Business 2019 Rwanda Details – Trading across Borders in Rwanda Characteristics Export Import Product HS 09 : Coffee, tea, matï and spices HS 8708: Parts and accessories of motor vehicles Trade partner Kenya United Arab Emirates Border Gatuna border crossing Rusomo border crossing Distance (km) 83 152 Domestic transport time (hours) 3 11 Domestic transport cost (USD) 293 363 Details – Trading across Borders in Rwanda – Components of Border Compliance Time to Complete (hours) Associated Costs (USD) Export: Clearance and inspections required 36.0 150.0 by customs authorities Export: Clearance and inspections required 47.3 33.3 by agencies other than customs Export: Port or border handling 0.0 0.0 Import: Clearance and inspections required 72.0 282.1 by customs authorities Import: Clearance and inspections required 0.0 0.0 by agencies other than customs Import: Port or border handling 3.5 0.0 Page 44 Doing Business 2019 Rwanda Details – Trading across Borders in Rwanda – Trade Documents Export Import Packing list Bill of lading Commercial invoice Packing list Export declaration Customs Import Declaration Transit document Transit document Phytosanitary certificate Exit note Certificate of origin SOLAS certificate Exit note Bill of lading (in land) Page 45 Doing Business 2019 Rwanda Enforcing Contracts The enforcing contracts indicator measures the time and cost for resolving a commercial dispute through a local first-instance court, and the quality of judicial processes index, evaluating whether each economy has adopted a series of good practices that promote quality and efficiency in the court system. The most recent round of data collection was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Time required to enforce a contract through the The dispute in the case study involves the breach of a sales contract between 2 courts (calendar days) domestic businesses. The case study assumes that the court hears an expert on the quality of the goods in dispute. This distinguishes the case from simple debt • Time to file and serve the case enforcement. • Time for trial and to obtain the judgment To make the data comparable across economies, Doing Business uses several • Time to enforce the judgment assumptions about the case: Cost required to enforce a contract through the - The dispute concerns a lawful transaction between two businesses (Seller and courts (% of claim) Buyer), both located in the economy’s largest business city. For 11 economies the data are also collected for the second largest business city. • Attorney fees - The buyer orders custom-made goods, then fails to pay alleging that the goods are • Court fees not of adequate quality. - The value of the dispute is 200% of the income per capita or the equivalent in local • Enforcement fees currency of USD 5,000, whichever is greater. - The seller sues the buyer before the court with jurisdiction over commercial cases Quality of judicial processes index (0-18) worth 200% of income per capita or $5,000. • Court structure and proceedings (-1-5) - The seller requests the pretrial attachment of the defendant’s movable assets to secure the claim. • Case management (0-6) - The dispute on the quality of the goods requires an expert opinion. • Court automation (0-4) - The judge decides in favor of the seller; there is no appeal. • Alternative dispute resolution (0-3) - The seller enforces the judgment through a public sale of the buyer’s movable assets. Page 46 Doing Business 2019 Rwanda Enforcing Contracts - Rwanda Standardized Case Claim value RWF 3,843,299 Court name Nyarugenge Commercial Court City Covered Kigali Indicator Rwanda Sub-Saharan OECD high Best Regulatory Africa income Performance Time (days) 230 655.1 582.4 None in 2017/18 Cost (% of claim value) 82.7 42.3 21.2 None in 2017/18 Quality of judicial processes index (0-18) 14.5 6.7 11.5 None in 2017/18 Figure – Enforcing Contracts in Rwanda and comparator economies – Ranking and Score DB 2019 Enforcing Contracts Score 0 100 70.37: Mauritius (Rank: 27) 59.54: Rwanda (Rank: 78) 48.87: Regional Average (Sub-Saharan Africa) 42.97: Burundi (Rank: 158) 39.78: Mozambique (Rank: 167) 33.28: Congo, Dem. Rep. (Rank: 178) Note: The ranking of economies on the ease of enforcing contracts is determined by sorting their scores for enforcing contracts. These scores are the simple average of the scores for each of the component indicators. Figure – Enforcing Contracts in Rwanda – Time and Cost Time (days) Cost (% of claim value) 1000 950 82.7 90 80.6 Cost (% of claim value) 832 80 800 70 655.1 Time (days) 610 53.3 582.4 60 600 490 42.3 50 36.1 40 400 25.0 30 21.2 230 200 20 10 0 0 Burundi Congo, Mauritius Mozambique OECD Rwanda Sub-Saharan Dem. high Africa Rep. income Page 47 Doing Business 2019 Rwanda Figure – Enforcing Contracts in Rwanda and comparator economies – Measure of Quality Rwanda 2.5 5 4 3 Burundi 1.5 0.50 3 Congo, Dem. Rep. 2.5 0.50 2.5 Mauritius 2.5 2 3 5 Mozambique 2.5 2 0 4 OECD high income 2.5 3.1 2.3 3.6 Sub-Saharan Africa 2.2 1.1 0.3 3.1 0 2 4 6 8 10 12 14 16 Sub-Indicator Score Alternative dispute resolution (0-3) Case management (0-6) Court automation (0-4) Court structure and proceedings (-1-5) Details – Enforcing Contracts in Rwanda Indicator Time (days) 230 Filing and service 20 Trial and judgment 120 Enforcement of judgment 90 Cost (% of claim value) 82.7 Attorney fees 45.4 Court fees 14 Enforcement fees 23.3 Quality of judicial processes index (0-18) 14.5 Court structure and proceedings (-1-5) 3.0 Case management (0-6) 5.0 Court automation (0-4) 4.0 Alternative dispute resolution (0-3) 2.5 Page 48 Doing Business 2019 Rwanda Details – Enforcing Contracts in Rwanda – Measure of Quality Answer Score Quality of judicial processes index (0-18) 14.5 Court structure and proceedings (-1-5) 3.0 1. Is there a court or division of a court dedicated solely to hearing commercial cases? Yes 1.5 2. Small claims court 0.0 2.a. Is there a small claims court or a fast-track procedure for small claims? No 2.b. If yes, is self-representation allowed? n.a. 3. Is pretrial attachment available? Yes 1.0 4. Are new cases assigned randomly to judges? Yes, but manual 0.5 5. Does a woman's testimony carry the same evidentiary weight in court as a man's? Yes 0.0 Case management (0-6) 5.0 1. Time standards 1.0 1.a. Are there laws setting overall time standards for key court events in a civil Yes case? 1.b. If yes, are the time standards set for at least three court events? Yes 1.c. Are these time standards respected in more than 50% of cases? Yes 2. Adjournments 1.0 2.a. Does the law regulate the maximum number of adjournments that can be Yes granted? 2.b. Are adjournments limited to unforeseen and exceptional circumstances? Yes 2.c. If rules on adjournments exist, are they respected in more than 50% of cases? Yes 3. Can two of the following four reports be generated about the competent court: (i) time to No 0.0 disposition report; (ii) clearance rate report; (iii) age of pending cases report; and (iv) single case progress report? 4. Is a pretrial conference among the case management techniques used before the Yes 1.0 competent court? 5. Are there any electronic case management tools in place within the competent court for Yes 1.0 use by judges? 6. Are there any electronic case management tools in place within the competent court for Yes 1.0 use by lawyers? Court automation (0-4) 4.0 1. Can the initial complaint be filed electronically through a dedicated platform within the yes 1.0 competent court? 2. Is it possible to carry out service of process electronically for claims filed before the Yes 1.0 competent court? 3. Can court fees be paid electronically within the competent court? Yes 1.0 4. Publication of judgments 1.0 4.a Are judgments rendered in commercial cases at all levels made available to the Yes general public through publication in official gazettes, in newspapers or on the internet or court website? 4.b. Are judgments rendered in commercial cases at the appellate and supreme Yes court level made available to the general public through publication in official gazettes, in newspapers or on the internet or court website? Alternative dispute resolution (0-3) 2.5 1. Arbitration 1.5 Page 49 Doing Business 2019 Rwanda 1.a. Is domestic commercial arbitration governed by a consolidated law or Yes consolidated chapter or section of the applicable code of civil procedure encompassing substantially all its aspects? 1.b. Are there any commercial disputes—aside from those that deal with public No order or public policy—that cannot be submitted to arbitration? 1.c. Are valid arbitration clauses or agreements usually enforced by the courts? Yes 2. Mediation/Conciliation 1.0 2.a. Is voluntary mediation or conciliation available? Yes 2.b. Are mediation, conciliation or both governed by a consolidated law or Yes consolidated chapter or section of the applicable code of civil procedure encompassing substantially all their aspects? 2.c. Are there financial incentives for parties to attempt mediation or conciliation No (i.e., if mediation or conciliation is successful, a refund of court filing fees, income tax credits or the like)? Page 50 Doing Business 2019 Rwanda Resolving Insolvency Doing Business studies the time, cost and outcome of insolvency proceedings involving domestic legal entities. These variables are used to calculate the recovery rate, which is recorded as cents on the dollar recovered by secured creditors through reorganization, liquidation or debt enforcement (foreclosure or receivership) proceedings. To determine the present value of the amount recovered by creditors, Doing Business uses the lending rates from the International Monetary Fund, supplemented with data from central banks and the Economist Intelligence Unit. The most recent round of data collection was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Time required to recover debt (years) To make the data on the time, cost and outcome comparable across economies, several assumptions about the business and the case are used: • Measured in calendar years • Appeals and requests for extension are included - A hotel located in the largest city (or cities) has 201 employees and 50 suppliers. The hotel experiences financial difficulties. Cost required to recover debt (% of debtor’s - The value of the hotel is 100% of the income per capita or the equivalent in local estate) currency of USD 200,000, whichever is greater. - The hotel has a loan from a domestic bank, secured by a mortgage over the hotel’s • Measured as percentage of estate value real estate. The hotel cannot pay back the loan, but makes enough money to • Court fees operate otherwise. • Fees of insolvency administrators In addition, Doing Business evaluates the quality of legal framework applicable to • Lawyers’ fees judicial liquidation and reorganization proceedings and the extent to which best • Assessors’ and auctioneers’ fees insolvency practices have been implemented in each economy covered. • Other related fees Outcome • Whether business continues operating as a going concern or business assets are sold piecemeal Recovery rate for creditors • Measures the cents on the dollar recovered by secured creditors • Outcome for the business (survival or not) determines the maximum value that can be recovered • Official costs of the insolvency proceedings are deducted • Depreciation of furniture is taken into account • Present value of debt recovered Strength of insolvency framework index (0- 16) • Sum of the scores of four component indices: • Commencement of proceedings index (0-3) • Management of debtor’s assets index (0-6) • Reorganization proceedings index (0-3) • Creditor participation index (0-4) Page 51 Doing Business 2019 Rwanda Resolving Insolvency - Rwanda Indicator Rwanda Sub-Saharan OECD high Best Regulatory Africa income Performance Recovery rate (cents on the dollar) 19.2 20.3 70.5 None in 2017/18 Time (years) 2.5 2.9 1.7 0.4 (Ireland) Cost (% of estate) 29.0 22.7 9.3 1.0 (Norway) Outcome (0 as piecemeal sale and 1 as going 0 .. .. .. concern) Strength of insolvency framework index (0-16) 15.0 6.4 11.9 None in 2017/18 Figure – Resolving Insolvency in Rwanda and comparator economies – Ranking and Score DB 2019 Resolving Insolvency Score 0 100 69.06: Mauritius (Rank: 35) 57.20: Rwanda (Rank: 58) 46.89: Mozambique (Rank: 84) 30.80: Regional Average (Sub-Saharan Africa) 30.61: Burundi (Rank: 147) 0.00: Congo, Dem. Rep. (Rank: 168) Note: The ranking of economies on the ease of resolving insolvency is determined by sorting their scores for resolving insolvency. These scores are the simple average of the scores for the recovery rate and the strength of insolvency framework index. Figure – Resolving Insolvency in Rwanda – Time and Cost Time (years) Cost (% of estate) 6 35 5.0 30.0 29.0 Cost (% of estate) 5 30 Time (years) 22.7 25 4 20.5 2.9 20 3 14.5 2.5 15 2 1.7 1.5 1.7 9.3 10 1 5 0 0 Burundi No Mauritius Mozambique OECD Rwanda Sub-Saharan Practice high Africa Congo, income Dem. Rep. Page 52 Doing Business 2019 Rwanda Figure – Resolving Insolvency in Rwanda and comparator economies – Measure of Quality Rwanda 5 3 4 3 Burundi 4 2.5 1 1 Congo, Dem. Rep. 5.5 2 1 0.5 Mauritius 4 3 3 0.5 Mozambique 4 2.5 2 1.5 OECD high income 5.3 2.8 2.2 1.9 Sub-Saharan Africa 4.1 2.3 1 0.5 0 2 4 6 8 10 12 14 16 Sub-Indicator Score Management of debtor's assets index (0-6) Commencement of proceedings index (0-3) Creditor participation index (0-4) Reorganization proceedings index (0-3) Note: Even if the economy’s legal framework includes provisions related to insolvency proceedings (liquidation or reorganization), the economy receives 0 points for the strength of insolvency framework index, if time, cost and outcome indicators are recorded as “no practice.” Figure – Resolving Insolvency in Rwanda and comparator economies – Recovery Rate Recovery rate(cents on the dollar) 100 80 67.4 60 40 29.1 19.2 20.3 20 7.5 0.0 0 Rwanda Burundi Congo, Dem. Rep. Mauritius Mozambique Sub-Saharan Africa Page 53 Doing Business 2019 Rwanda Details – Resolving Insolvency in Rwanda Indicator Answer Score Proceeding liquidation (after As the mortgage is registered, the bank will request an authorization to sell the plot within 30 days an attempt at following the default. However, because the majority shareholder and Mirage’s management want reorganization) to continue operations, Mirage will use article 37bis of Law 12/2009 of 26/5/2009 on commercial reorganization and resolving insolvency problems as completed by law 35/2013 of 29/5/2013; provision that allows the debtor to suspend individuals actions related to a secured claim through suggesting a reorganization plan. As Mirage will be unable to pay debts as they fall due, it will try to obtain the opening of reorganization proceedings and avoid foreclosure. According to our estimations, if a reorganization plan is not submitted to the court after the commencement of insolvency proceedings, or if the jurisdiction rejects the plan, the procedure will fail and will be converted into liquidation a few months later. Reorganization converted into liquidation is the most likely procedure in Rwanda. Outcome piecemeal sale According to our estimations, the reorganization attempt will fail and the proceedings will probably be converted to liquidation. The hotel will stop operating and will be dismantled, and the assets of the debtor will be sold separately. Time (in years) 2.5 According to our estimations, the procedure related to a liquidation under law 12/2009 would take 2,5 years approximately. The main cost components are: (i) an attempt to reorganize, (ii) a liquidation, and (iii) the public sale of the assets of the debtor. At the same time, with the reform introduced by law No. 35/2013, there will likely be a suspension of the foreclosure procedure under article 37 bis (if the debtor manifest its intention to present a reorganization plan). The duration of the suspension cannot exceed six (6) months. As a result, the total time needed to complete the procedure will be 2.5 years. Cost (% of 29.0 According to our estimations, a liquidation costs approximately RWF 35,000,000 (29% of the estate) value of the estate). Lawyer fees (15%), fees of the administrator, several service providers (6% of the amount of the sale (art. 2 of decree 10/7/1920 related to the public sale of movable or immovable assets)) and bailiffs and notaries (5%) constitute the main cost components. Recovery rate 19.2 (cents on the dollar) Page 54 Doing Business 2019 Rwanda Details – Resolving Insolvency in Rwanda – Measure of Quality Answer Score Strength of insolvency framework index (0-16) 15.0 Commencement of proceedings index (0-3) 3.0 What procedures are available to a DEBTOR when commencing insolvency proceedings? (a) Debtor may 1.0 file for both liquidation and reorganization Does the insolvency framework allow a CREDITOR to file for insolvency of the debtor? (a) Yes, a creditor 1.0 may file for both liquidation and reorganization What basis for commencement of the insolvency proceedings is allowed under the (c) Both (a) and 1.0 insolvency framework? (b) options are available, but only one of them needs to be complied with Management of debtor's assets index (0-6) 5.0 Does the insolvency framework allow the continuation of contracts supplying essential goods No 0.0 and services to the debtor? Does the insolvency framework allow the rejection by the debtor of overly burdensome Yes 1.0 contracts? Does the insolvency framework allow avoidance of preferential transactions? Yes 1.0 Does the insolvency framework allow avoidance of undervalued transactions? Yes 1.0 Does the insolvency framework provide for the possibility of the debtor obtaining credit after Yes 1.0 commencement of insolvency proceedings? Does the insolvency framework assign priority to post-commencement credit? (b) Yes over 1.0 ordinary unsecured creditors but not over secured creditors Reorganization proceedings index (0-3) 3.0 Which creditors vote on the proposed reorganization plan? (b) Only creditors 1.0 whose rights are affected by the proposed plan Does the insolvency framework require that dissenting creditors in reorganization receive at Yes 1.0 least as much as what they would obtain in a liquidation? Are the creditors divided into classes for the purposes of voting on the reorganization plan, Yes 1.0 does each class vote separately and are creditors in the same class treated equally? Creditor participation index (0-4) 4.0 Does the insolvency framework require approval by the creditors for selection or Yes 1.0 appointment of the insolvency representative? Does the insolvency framework require approval by the creditors for sale of substantial Yes 1.0 assets of the debtor? Does the insolvency framework provide that a creditor has the right to request information Yes 1.0 from the insolvency representative? Does the insolvency framework provide that a creditor has the right to object to decisions Yes 1.0 accepting or rejecting creditors' claims? Note: Even if the economy’s legal framework includes provisions related to insolvency proceedings (liquidation or reorganization), the economy receives 0 points for the strength of insolvency framework index, if time, cost and outcome indicators are recorded as “no practice.” Page 55 Doing Business 2019 Rwanda Labor Market Regulation Doing Business presents detailed data for the labor market regulation indicators on the Doing Business website (http://www.doingbusiness.org). The report does not present rankings of economies on these indicators or include the topic in the aggregate ease of doing business score or ranking on the ease of doing business. The most recent round of data collection was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Hiring To make the data comparable across economies, several assumptions about the (i) whether fixed-term contracts are prohibited for worker and the business are used. permanent tasks; (ii) maximum cumulative duration of fixed-term contracts; (iii) length of the The worker: probationary period; (iv) minimum wage. - Is a cashier in a supermarket or grocery store, age 19, with one year of work experience. Working hours - Is a full-time employee. (i) maximum number of working days allowed per - Is not a member of the labor union, unless membership is mandatory. week; (ii) premiums for work: at night, on a weekly rest day and overtime; (iii) whether there are The business: restrictions on work at night, work on a weekly rest - Is a limited liability company (or the equivalent in the economy). day and for overtime work; (iv) whether - Operates a supermarket or grocery store in the economy’s largest business city. nonpregnant and nonnursing women can work For 11 economies the data are also collected for the second largest business city. same night hours as men; (v) length of paid annual - Has 60 employees. leave. - Is subject to collective bargaining agreements if such agreements cover more than 50% of the food retail sector and they apply even to firms that are not party to them. Redundancy rules - Abides by every law and regulation but does not grant workers more benefits than (i) whether redundancy can be basis for terminating those mandated by law, regulation or (if applicable) collective bargaining workers; (ii) whether employer needs to notify agreements. and/or get approval from third party to terminate 1 redundant worker and a group of 9 redundant workers; (iii) whether law requires employer to reassign or retrain a worker before making worker redundant; (iv) whether priority rules apply for redundancies and reemployment. Redundancy cost (i) notice period for redundancy dismissal; (ii) severance payments due when terminating a redundant worker. Job quality (i) whether law mandates equal remuneration for work of equal value and nondiscrimination based on gender in hiring; (ii) whether law mandates paid or unpaid maternity leave; (iii) length of paid maternity leave; (iv) whether employees on maternity leave receive 100% of wages; (v) availability of five fully paid days of sick leave a year; (vi) eligibility requirements for unemployment protection. Page 56 Doing Business 2019 Rwanda Labor Market Regulation - Rwanda Details – Labor Market Regulation in Rwanda Answer Hiring Fixed-term contracts prohibited for permanent tasks? No Maximum length of a single fixed-term contract (months) No limit Maximum length of fixed-term contracts, including renewals (months) No limit Minimum wage applicable to the worker assumed in the case study (US$/month) 0.0 Ratio of minimum wage to value added per worker 0.0 Maximum length of probationary period (months) 6.0 Working hours Standard workday 8.5 Maximum number of working days per week 6.0 Premium for night work (% of hourly pay) 0.0 Premium for work on weekly rest day (% of hourly pay) 0.0 Premium for overtime work (% of hourly pay) 0.0 Restrictions on night work? No Whether nonpregnant and nonnursing women can work the same night hours as men Yes Restrictions on weekly holiday? No Restrictions on overtime work? No Paid annual leave for a worker with 1 year of tenure (working days) 18.0 Paid annual leave for a worker with 5 years of tenure (working days) 19.0 Paid annual leave for a worker with 10 years of tenure (working days) 21.0 Paid annual leave (average for workers with 1, 5 and 10 years of tenure, in working days) 19.3 Redundancy rules Dismissal due to redundancy allowed by law? Yes Third-party notification if one worker is dismissed? Yes Third-party approval if one worker is dismissed? No Third-party notification if nine workers are dismissed? Yes Third-party approval if nine workers are dismissed? No Retraining or reassignment obligation before redundancy? No Priority rules for redundancies? Yes Priority rules for reemployment? No Redundancy cost Notice period for redundancy dismissal for a worker with 1 year of tenure 4.3 Notice period for redundancy dismissal for a worker with 5 years of tenure 4.3 Notice period for redundancy dismissal for a worker with 10 years of tenure 4.3 Notice period for redundancy dismissal (average for workers with 1, 5 and 10 years of tenure) 4.3 Severance pay for redundancy dismissal for a worker with 1 year of tenure 4.3 Page 57 Doing Business 2019 Rwanda Severance pay for redundancy dismissal for a worker with 5 years of tenure 8.7 Severance pay for redundancy dismissal for a worker with 10 years of tenure 13.0 Severance pay for redundancy dismissal (average for workers with 1, 5 and 10 years of tenure) 8.7 Job quality Equal remuneration for work of equal value? No Gender nondiscrimination in hiring? No Paid or unpaid maternity leave mandated by law? Yes Minimum length of maternity leave (calendar days)? 84.0 Receive 100% of wages on maternity leave? Yes Five fully paid days of sick leave a year? Yes Unemployment protection after one year of employment? No Minimum contribution period for unemployment protection (months)? n.a. Page 58 Doing Business 2019 Rwanda Business Reforms in Rwanda In the past year, Doing Business observed a peaking of reform activity worldwide. From June 2, 2017, to May 1, 2018, 128 economies implemented a record 314 regulatory reforms improving the business climate. Reforms inspired by Doing Business have been implemented by economies in all regions. The following are reforms implemented since Doing Business 2008. = Doing Business reform making it easier to do business. = Change making it more difficult to do business. DB2019 Starting a Business: Rwanda made starting a business less costly by replacing electronic billing machines with free software for value added tax invoices. Getting Electricity: Rwanda improved the monitoring and regulation of power outages by beginning to record data for the annual system average interruption duration index (SAIDI) and system average interruption frequency index (SAIFI). Rwanda also made getting electricity more time and cost efficient by having the utility supply all connection material. Registering Property: Rwanda made registering property easier by improving the land dispute resolution mechanisms of the land administration system. Getting Credit: Rwanda strengthened access to credit by enacting a new insolvency law. An automatic stay is now imposed on secured creditors for a period of 6 months and the law provides for reliefs from such stay when the assets are perishable or are not needed for the reorganization of the company. Trading across Borders: Rwanda reduced the time required to export and import by implementing the Single Customs Territory, risk-based inspections and online certificates. Enforcing Contracts: Rwanda made enforcing contracts easier by issuing new rules of civil procedure which limit adjournments to unforeseen and exceptional circumstances. Resolving Insolvency: Rwanda made resolving insolvency easier by making insolvency proceedings more accessible for creditors and granting them greater participation in the proceedings. Rwanda also made resolving insolvency more difficult by hindering the continuation of the debtor’s business during insolvency proceedings. DB2018 Dealing with Construction Permits: Rwanda increased quality control during construction by introducing risk-based inspections. Registering Property: Rwanda made registering property easier by implementing online services to facilitate the registration of property transfers. Protecting Minority Investors: Rwanda strengthened minority investor protections by making it easier to sue directors, clarifying ownership and control structures and requiring greater corporate transparency. Paying Taxes: Rwanda made paying taxes easier by establishing an online system for filing and paying taxes. Enforcing Contracts: Rwanda made enforcing contracts easier by making judgements rendered at all levels in commercial cases available to the general public through publication on the judiciary’s website. DB2017 Starting a Business: Rwanda made starting a business easier by improving the online registration one-stop shop and streamlining post- registration procedures. Dealing with Construction Permits: Rwanda made dealing with construction permits more cumbersome and expensive by introducing new requirements to obtain a building permit. It also strengthen the quality control index by implementing the qualifications required for architects and engineers. Registering Property: Rwanda made it easier to register property by introducing effective time limits and increasing the transparency of the land administration system. Paying Taxes: Rwanda made paying taxes more complicated by introducing a requirement that companies file and pay social security contributions monthly instead of quarterly. Trading across Borders: Rwanda made trading across borders easier by removing the mandatory pre-shipment inspection for imported products. Enforcing Contracts: Rwanda made enforcing contracts easier by introducing an electronic case management system for judges and lawyers. Page 59 Doing Business 2019 Rwanda DB2016 Starting a Business: Rwanda made starting a business easier by eliminating the need for new companies to open a bank account in order to register for VAT. Dealing with Construction Permits: Rwanda made dealing with construction permits easier by adopting a new building code and new urban planning regulations. Getting Credit: In Rwanda the credit bureau started to provide credit scores to banks and other financial institutions while the credit registry expanded borrower coverage, strengthening the credit reporting system. Protecting Minority Investors: Rwanda strengthened minority investor protections by introducing provisions allowing holders of 10% of a company’s shares to call for an extraordinary meeting of shareholders, requiring holders of special classes of shares to vote on decisions affecting their shares, requiring board members to disclose information about their directorships and primary employment and requiring that audit reports for listed companies be published in a newspaper. Paying Taxes: Rwanda made paying taxes easier for companies by introducing electronic filing and making its use compulsory. Trading across Borders: Rwanda increased the time and cost for documentary and border compliance for importing by making preshipment inspection mandatory for all imported products. Resolving Insolvency: Rwanda improved its insolvency system by introducing provisions on voidable transactions and the approval of reorganization plans and by establishing additional safeguards for creditors in reorganization proceedings. DB2015 Starting a Business: Rwanda made starting a business more difficult by requiring companies to buy an electronic billing machine from a certified supplier. Dealing with Construction Permits: Rwanda made dealing with construction permits easier by eliminating the fee for obtaining a freehold title and by streamlining the process for obtaining an occupancy permit. Getting Electricity: In Rwanda the electricity company made getting electricity less costly by eliminating several fees. Getting Credit: Rwanda improved access to credit by establishing clear priority rules outside bankruptcy for secured creditors and establishing clear grounds for relief from a stay of enforcement actions by secured creditors during reorganization procedures. DB2014 Starting a Business: Rwanda made starting a business easier by reducing the time required to obtain a registration certificate. Dealing with Construction Permits: Rwanda made dealing with construction permits easier and less costly by reducing the building permit fees, implementing an electronic platform for building permit applications and streamlining procedures. Registering Property: Rwanda made transferring property easier by eliminating the requirement to obtain a tax clearance certificate and by implementing the web-based Land Administration Information System for processing land transactions. Getting Credit: Rwanda strengthened its secured transactions system by providing more flexibility on the types of debts and obligations that can be secured through a collateral agreement. Protecting Minority Investors: Rwanda strengthened investor protections through a new law allowing plaintiffs to cross-examine defendants and witnesses with prior approval of the questions by the court. Paying Taxes: Rwanda made paying taxes easier and less costly for companies by rolling out its electronic filing system to the majority of businesses and by reducing the property tax rate and business trading license fee. Trading across Borders: Rwanda made trading across borders easier by introducing an electronic single-window system at the border. Resolving Insolvency: Rwanda made resolving insolvency easier through a new law clarifying the standards for beginning insolvency proceedings; preventing the separation of the debtor’s assets during reorganization proceedings; setting clear time limits for the submission of a reorganization plan; and implementing an automatic stay of creditors’ enforcement actions. DB2013 Getting Electricity: Rwanda made getting electricity easier by reducing the cost of obtaining a new connection. Enforcing Contracts: Rwanda made enforcing contracts easier by implementing an electronic filing system for initial complaints. Page 60 Doing Business 2019 Rwanda DB2012 Starting a Business: Rwanda made starting a business easier by reducing the business registration fees. Registering Property: Rwanda made transferring property more expensive by enforcing the checking of the capital gains tax. Getting Credit: In Rwanda the private credit bureau started to collect and distribute information from utility companies and also started to distribute more than 2 years of historical information, improving the credit information system. Paying Taxes: Rwanda reduced the frequency of value added tax filings by companies from monthly to quarterly. DB2011 Dealing with Construction Permits: Rwanda made dealing with construction permits easier by passing new building regulations at the end of April 2010 and implementing new time limits for the issuance of various permits. Getting Credit: Rwanda enhanced access to credit by allowing borrowers the right to inspect their own credit report and mandating that loans of all sizes be reported to the central bank’s public credit registry. Trading across Borders: Rwanda reduced the number of trade documents required and enhanced its joint border management procedures with Uganda and other neighbors, leading to an improvement in the trade logistics environment. DB2010 Starting a Business: Rwanda made starting a business easier by eliminating the notarization requirement; introducing standardized memoranda of association; putting publication online; consolidating name-checking, registration fee payment, tax registration and company registration procedures; and reducing the time required to process completed applications. Registering Property: Rwanda reduced the time required to transfer property through ongoing improvements in the property registration process. Getting Credit: Rwanda strengthened its secured transactions system by allowing a wider range of assets to be used as collateral, permitting a general description of debts and obligations in the security agreement, allowing out-of-court enforcement of collateral, granting secured creditors absolute priority within bankruptcy and creating a new collateral registry. Protecting Minority Investors: Rwanda strengthened investor protections through a new company law requiring greater corporate disclosure, increasing director liability and improving shareholders’ access to information. Trading across Borders: Rwanda reduced the time required for trading across borders by introducing administrative changes such as expanded operating hours and enhanced border cooperation and by eliminating some documentation requirements. Resolving Insolvency: Rwanda improved its insolvency process through a new law aimed at streamlining reorganization procedures. Labor Market Regulation: Rwanda increased the maximum duration of fixed-term contracts and eliminated the obligation to notify and seek the approval of a third party in cases of redundancy dismissals. DB2009 Dealing with Construction Permits: Rwanda made dealing with construction permits easier by streamlining project clearances for the second year in a row—combining the procedures for obtaining a location clearance and a building permit in a single application form—and by introducing a single application form for water, sewerage and electricity connections. Registering Property: Rwanda reduced the cost and time to register property by replacing the 6% registration fee with a flat rate, regardless of the property value, and by creating a centralized service in the tax authority to speed up the issuance of the certificate of good standing. Trading across Borders: Rwanda reduced the time for exporting and importing by extending the opening hours of customs points, implementing or improving electronic data interchange and risk-based inspection systems and making improvements in the transport sector. Enforcing Contracts: Rwanda made enforcing contracts easier by launching 3 commercial courts—in Kigali, in Northern Province and in Southern Province. DB2008 Dealing with Construction Permits: Rwanda made dealing with construction permits easier by decentralizing the permit system—which reduced the time for getting a building permit and an occupancy permit—and by reducing the time for obtaining an electricity connection. Trading across Borders: Rwanda made trading across borders easier by expediting the acceptance of customs declarations and liberalizing the warehouse services market. Page 61 Doing Business 2019 Rwanda Page 62