42763 Mozambique Doing Business 2008 Mozambique A Project Benchmarking the Regulatory Cost of Doing Business in 178 Economies Doing Business Project World Bank Group © 2007 The International Bank for Reconstruction and Development / The World Bank 1818 H Street NW Washington, DC 20433 Telephone 202-473-1000 Internet www.worldbank.org E-mail feedback@worldbank.org All rights reserved. 1 2 3 4 5 09 08 07 06 A copublication of the World Bank and the International Finance Corporation. This volume is a product of the staff of the World Bank Group. The findings, interpretations and conclusions expressed in this volume do not necessarily reflect the views of the Executive Directors of The World Bank or the governments they represent. The World Bank Group does not guarantee the accuracy of the data included in this work. Rights and Permissions The material in this publication is copyrighted. 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Contents Introduction......................1 Economy rankings.............2 Reforms...........................3 Summary of indicators........6 Starting a business.............8 Dealing with licenses.........13 Employing workers............18 Registering property...........22 Getting credit....................27 Protecting investors............31 Paying taxes.....................35 Trading across borders.......39 Enforcing contracts............43 Closing a business.............47 Topic details......................51 Introduction Doing Business 2008 is the fifth in a series of annual reports investigating the regulations that enhance business activity and those that constrain it. Doing Business presents quantitative indicators on business regulations and the protection of property rights that can be compared across 178 economies-from Afghanistan to Zimbabwe-and over time. Regulations affecting 10 stages of a business's life are measured: starting a business, dealing with licenses, employing workers, registering property, getting credit, protecting investors, paying taxes, trading across borders, enforcing contracts and closing a business. Data in Doing Business 2008 are current as of June 1, 2007. The indicators are used to analyze economic outcomes and identify what reforms have worked, where, and why. The Doing Business methodology has limitations. Other areas important to business -- such as a country's proximity to large markets, the quality of its infrastructure services (other than those related to trading across borders), the security of property from theft and looting, the transparency of government procurement, macroeconomic conditions, and the underlying strength of institutions -- are not studied directly by Doing Business. To make the data comparable across countries, the indicators refer to a specific type of business -- generally a limited liability company operating in the largest business city. Because standard assumptions are used in the data collection, comparisons and benchmarks are valid across economies. The data not only highlight the extent of obstacles to doing business; they also help identify the source of those obstacles, supporting policymakers in designing reform. The data set covers 178 economies: 46 in Sub-Saharan Africa, 31 in Latin America and the Caribbean, 28 in Eastern Europe and Central Asia, 24 in East Asia and Pacific, 17 in the Middle East and North Africa and 8 in South Asia-as well as 24 OECD high-income economies as benchmarks. Some of the regions have been divided into subregions to generate a total of 13 regional profiles. The following pages present the summary Doing Business indicators for Mozambique along with the comparator economies selected. The data used for this country profile come from the Doing Business database and are summarized in graphs and tables. This report allows a comparison of the economies not only with one another but also with the "best practice" economy for each indicator. The best-practice economies are identified by their position in each indicator as well as their overall ranking and by their capacity to provide good examples of business regulation to other economies. These best-practice economies do not necessarily rank number 1 in the topic or indicator, but they are in the top 5. More information is available in the full report. Doing Business 2008 presents the indicators, analyzes their relationship with economic outcomes and recommends reforms. The data, along with information on ordering the report, are available on the Doing Business website . http://www.doingbusiness.org 1 Economy Rankings - Ease of Doing Business Mozambique is ranked 134 out of 178 economies. Singapore is the top ranked economy in the Ease of Doing Business. Mozambique - Compared to Global Best / Selected Economies: Mozambique's ranking in Doing Business 2008 Rank Doing Business 2008 Ease of Doing Business 134 Starting a Business 125 Dealing with Licenses 147 Employing Workers 162 Registering Property 126 Getting Credit 97 Protecting Investors 33 Paying Taxes 72 Trading Across Borders 140 Enforcing Contracts 138 Closing a Business 134 2 Reforms - Who is reforming? This year Egypt tops the list of reformers that are making it easier to do business. Egypt's reforms went deep with reforms in 5 of the 10 areas studied by Doing Business, and it greatly improved its position in the global rankings as a result. Besides Egypt, the other top 10 reformers are, in order, Croatia, Ghana, FYR Macedonia, Georgia, Colombia, Saudi Arabia, Kenya, China, and Bulgaria. 1. Egypt, the top reformer in the region and worldwide, greatly improved its position in the global rankings on the ease of doing business. Its reforms went deep. Egypt cut the minimum capital required to start a business, from 50,000 Egyptian pounds to just 1,000 and halved the time and cost of start-up. It reduced fees for registering property from 3 percent of the property value to a low, fixed amount. It eased the bureaucracy that builders face in getting construction permits. It launched new one-stop shops for traders at Egyptian ports, cutting the time to import by seven days and the time to export by five. And it established a new private credit bureau that will soon be making it easier for borrowers to get credit. 2. Croatia reformed in four of the 10 areas studied by Doing Business. Two years ago, registering property in Croatia took 956 days. Now it takes 174. Company start-up also became faster, with procedures consolidated at a "one-stop shop" and pension and health services registration now online. Credit became easier to access: a new credit bureau was launched, and a unified registry now records charges against movable property in one place. In its first two months, 1.4 billion in credit was registered. In addition, amendments to the country's insolvency law introduced professional requirements for bankruptcy trustees and shorter timelines. 3. Ghana, a top 10 reformer for the second year running, continues to increase the efficiency of its public services. It cut bottlenecks in property registration, reducing delays from six months to one. Greater efficiency at the company registry and the environment agency cut the time for business start-up to 42 days. Changes in the port authority's operations sped up imports. New civil procedure rules and mandatory arbitration and mediation reduced the time it takes to enforce contracts. 4. FYR Macedonia eliminated the minimum capital requirement for business start-up, sped up the process for getting construction permits, lowered the corporate income tax rate to 12 percent (with another cut to 10 percent planned for 2008), and simplified tax payment procedures. Its ranking on the ease of doing business rose from 96 to 75. 5. Georgia reformed in six areas. It strengthened investor protections, including through amendments to its securities law that eliminate loopholes that had allowed corporate insiders to expropriate minority investors. It adopted a new insolvency law that shortens timelines for reorganization of a distressed company or disposition of a debtor's assets. Georgia sped up approvals for construction permits and simplified procedures for registering property. It made starting a business easier by eliminating the paid-in capital requirement. In addition, the country's private credit bureau added payment information from retailers, utilities, and trade creditors to the data it collects and distributes. 6. Colombia, the region's top reformer, has made great strides in easing trade. By extending port operating hours and adopting more selective customs inspections, it reduced the time for port and terminal handling activities by three days. The country strengthened investor protections by increasing disclosure requirements for related-party transactions. It introduced an electronic tax filing system, cutting the average time businesses must spend on tax compliance each year by 188 hours, or 41 percent. And it is progressively reducing the corporate income tax rate, from 35 to 34 percent in 2007 and 33 percent in 2008. 7. Saudi Arabia, the runner-up reformer in the region, eliminated the minimum capital requirement of 1,057 percent of income per capita and reduced the days needed for company start-up from 39 to 15. It launched a commercial credit bureau whose reports include the credit exposure of companies. It also sped up trade, reducing the number of documents required for importing and cutting the time needed for handling at ports and terminals by two days for both imports and exports. 8. Kenya, the region's other top 10 reformer, launched an ambitious licensing reform program. So far the program has eliminated 110 business licenses and simplified eight others. The changes have streamlined business start-up and cut both the time and cost of getting building permits. The program will eventually eliminate or simplify at least 900 more of the country's 1,300 licenses. Property registration is also faster now, thanks to the introduction of competition among land valuers. And the country's private credit bureau now collects a wider range of data. 3 9. In China, a new property law put private property rights on equal footing with state property rights. The law also expanded the range of assets that can be used as collateral to include inventory and accounts receivable. The new bankruptcy law gives secured creditors priority to the proceeds from their collateral. Construction also became easier, with electronic processing of building permits reducing delays by two weeks. 10. Bulgaria eased the tax burden on businesses and made it easier to pay taxes online. Bulgaria also introduced private bailiffs to improve efficiency in enforcing judgments. And it made building inspections less burdensome. Number of reforms in Doing Business 2008 Positive Reform Borders Licenses Workers Property Investors Total Negative Reform Business Contracts Business a with Credit Taxes Across a number of reforms Economy Starting Dealing Employing Registering Getting Protecting Paying Rank Trading Enforcing Closing 1 Egypt 5 2 Croatia 4 3 Ghana 5 4 Macedonia, FYR 3 5 Colombia 3 6 Georgia 6 7 Saudi Arabia 3 8 Kenya 4 9 China 3 10 Bulgaria 3 Mozambique 3 Botswana -1 Mauritius 6 Namibia 0 Seychelles 1 Note: Economies are ranked on the number and impact of reforms, Doing Business selects the economies that reformed in 3 or more of the Doing Business topics. Second, it ranks these economies on the increase in rank in Ease of Doing Business from the previous year. The larger the imporvement, the higher the ranking as a reformer. 5 Summary of Indicators - Mozambique Starting a Business Procedures (number) 10 Duration (days) 29 Cost (% GNI per capita) 21.6 Paid in Min. Capital (% of GNI per capita) 115.8 Dealing with Licenses Procedures (number) 17 Duration (days) 361 Cost (% of income per capita) 705.0 Employing Workers Difficulty of Hiring Index 83 Rigidity of Hours Index 60 Difficulty of Firing Index 20 Rigidity of Employment Index 54 Nonwage labor cost (% of salary) 4 Firing costs (weeks of wages) 143 Registering Property Procedures (number) 8 Duration (days) 42 Cost (% of property value) 8.1 Getting Credit Legal Rights Index 3 Credit Information Index 3 Public registry coverage (% adults) 0.9 Private bureau coverage (% adults) 0.0 Protecting Investors Disclosure Index 5 Director Liability Index 4 Shareholder Suits Index 9 Investor Protection Index 6.0 Paying Taxes Payments (number) 37 Time (hours) 230 Profit tax (%) 27.7 Labor tax and contributions (%) 4.5 Other taxes (%) 2.1 Total tax rate (% profit) 34.3 6 Trading Across Borders Documents for export (number) 8 Time for export (days) 27 Cost to export (US$ per container) 1155 Documents for import (number) 10 Time for import (days) 38 Cost to import (US$ per container) 1185 Enforcing Contracts Procedures (number) 31 Duration (days) 1010 Cost (% of claim) 142.5 Closing a Business Time (years) 5.0 Cost (% of estate) 9 Recovery rate (cents on the dollar) 13.9 Starting a Business in Mozambique: Entry Regulation When entrepreneurs draw up a business plan and try to get under way, the first hurdles they face are the procedures required to incorporate and register the new firm before they can legally operate. Economies differ greatly in how they regulate the entry of new businesses. In some the process is straightforward and affordable. In others the procedures are so burdensome that entrepreneurs may have to bribe officials to speed the process--or may decide to run their business informally. The data on starting a business are based on a survey and research investigating the procedures that a standard small to medium-size company needs to complete to start operations legally. These include obtaining all necessary permits and licenses and completing all required inscriptions, verifications and notifications with authorities to enable the company to formally operate. The time and cost required to complete each procedure under normal circumstances are calculated, as well as the minimum capital that must be paid in. It is assumed that all information is readily available to the entrepreneur, that there has been no prior contact with officials and that all government and nongovernment entities involved in the process function without corruption. To make the data comparable across economies, detailed assumptions about the type of business are used. Among these assumptions are the following: the business is a limited liability company conducting general commercial activities in the largest business city; it is 100% domestically owned, with start-up capital of 10 times income per capita, turnover of at least 100 times income per capita and between 10 and 50 employees; and it does not qualify for any special benefits, nor does it own real estate. Procedures are recorded only where interaction is required with an external party. It is assumed that the founders complete all procedures themselves unless professional services (such as by a notary or lawyer) are required by law. Voluntary procedures are not counted, nor are industry-specific requirements and utility hook-ups. Lawful shortcuts are counted. Cumbersome entry procedures are associated with more corruption, particularly in developing countries. Each procedure is a point of contact--an opportunity to extract a bribe. Analysis shows that burdensome entry regulations do not increase the quality of products, make work safer or reduce pollution. Instead, they constrain private investment; push more people into the informal economy; increase consumer prices; and fuel corruption. 8 1. Historical data: Starting a Business in Mozambique Starting a Business data Doing Business Doing Business Doing Business 2006 2007 2008 Rank 157 125 Procedures (number) 14 13 10 Duration (days) 153 113 29 Cost (% GNI per capita) 94.7 85.7 21.6 Paid in Min. Capital (% of GNI per capita) 12.0 10.4 115.8 2. The following graph illustrates the Starting a Business indicators in Mozambique over the past 3 years: 153 8. 113 115 7. 94 7. 85 29 6. 21 4. 14 13 10 12 10 edures (number) s) ita) GNI (day r cap of ation pe (% .Capitalpita ) Dur GNI (% ca Proc Cost Min in per 2005 2006 2007 Paid 9 3. Steps to Starting a Business in Mozambique It requires 10 procedures, takes 29 days, and costs 21.63% GNI per capita to start a business in Mozambique. List of Procedures: 1. Obtain certification of unique name 2. Open a provisional bank account 3. Register the company 4. Apply for an operational license 5. Receive inspection from Ministry of Health 6. Register with tax department 7. Register for VAT 8. Declare the beginning of activity at the provincial Employment Center 9. Register workers with the social security system 10. Subscribe a workmen's compensation insurance coverage More details are available in the appendix. 10 4. Benchmarking Starting a Business Regulations: Mozambique is ranked 125 overall for Starting a Business. Australia is the top ranked economy followed by Canada, New Zealand and United States. Ranking of Mozambique in Starting a Business - Compared to best practice and selected economies: 11 The following table shows Starting a Business data for Mozambique compared to best practice and comparator economies: Best Practice Economies Procedures Duration Cost (% GNI Paid in Min. (number) (days) per capita) Capital (% of GNI per Australia* 2 2 0.0 Denmark 0.0 Selected Economy Mozambique 10 29 21.6 115.8 Comparator Economies Botswana 11 108 9.9 0.0 Kenya 12 44 46.1 0.0 Mauritius 6 7 5.3 0.0 Namibia 10 99 22.3 0.0 Seychelles 9 38 8.7 0.0 * The following economies are also best practice economies for : Procedures (number): Canada, New Zealand Paid in Min. Capital (% of GNI per capita): Canada, Ireland, Israel, Mauritius, New Zealand, Puerto Rico, Thailand, Trinidad and Tobago, United Kingdom, United States 12 Dealing with Licenses in Mozambique: Building a Warehouse Once entrepreneurs have registered a business, what regulations do they face in operating it? To measure such regulation, Doing Business focuses on the construction sector. Construction companies are under constant pressure--from government to comply with inspections and with licensing and safety regulations and from customers to be quick and cost-effective. These conflicting pressures point to the tradeoff in building regulation--the tradeoff between protecting people (construction workers, tenants, passersby) and keeping the cost of building affordable. In many countries, especially poor ones, complying with building regulations is so costly in time and money that many builders opt out. Builders may pay bribes to pass inspections or simply build illegally--leading to hazardous construction. In other countries compliance is simple, straightforward and inexpensive--yielding better results. The indicators on dealing with licenses record all procedures officially required for an entrepreneur in the construction industry to build a warehouse. These include submitting project documents (building plans, site maps) to the authorities, obtaining all necessary licenses and permits, completing all required notifications and receiving all necessary inspections. They also include procedures for obtaining utility connections, such as electricity, telephone, water and sewerage. The time and cost to complete each procedure under normal circumstances are calculated. All official fees associated with legally completing the procedures are included. Time is recorded in calendar days. The survey assumes that the entrepreneur is aware of all existing regulations and does not use an intermediary to complete the procedures unless required to do so by law. To make the data comparable across economies, several assumptions about the business and its operations are used. The business is a small to medium-size limited liability company, located in the most populous city, domestically owned and operated, in the construction business, with 20 qualified employees. The warehouse to be built: · Is a new construction (there was no previous construction on the land). · Has complete architectural and technical plans prepared by a licensed architect. · Will be connected to electricity, water, sewerage (sewage system, septic tank or their equivalent) and one land phone line. The connection to each utility network will be 32 feet, 10 inches (10 meters) long. · Will be used for general storage, such as of books or stationery. The warehouse will not be used for any goods requiring special conditions, such as food, chemicals or pharmaceuticals. · Will take 30 weeks to construct (excluding all delays due to administrative and regulatory requirements). Where the regulatory burden is large, entrepreneurs move their activity into the informal economy. There they operate with less concern for safety, leaving everyone worse off. 13 1. Historical data: Dealing with Licenses in Mozambique Dealing with Licenses data Doing Business Doing Business Doing Business 2006 2007 2008 Rank 147 147 Procedures (number) 17 17 17 Duration (days) 361 361 361 Cost (% of income per capita) 938.1 844.8 705.0 2. The following graph illustrates the Dealing with Licenses indicators in Mozambique over the past 3 years: 1. 938 8. 844 705 361 361 361 17 17 17 edures (number) s) per (day ation income ) of Dur (% capita Proc Cost 2005 2006 2007 14 3. Steps to Building a Warehouse in Mozambique It requires 17 procedures, takes 361 days, and costs 705.03% GNI per capita to build a warehouse in Mozambique. List of Procedures: 1. Request and obtain the right to the use and enjoyment of the land 2. Request and obtain the topographic plan 3. Request and obtain a building permit from Department of Construction and Urbanization 4. Receive inspection by the municipality - I 5. Receive inspection by the municipality - II 6. Request electricity connection approval from the National Directorate of Energy 7. Request power connection from Electricity of Mozambique 8. Receive inspection and obtain approval of electrical plan from the electricity department 9. Connect to electricity services of Electricity of Mozambique 10. Request water and sewage connection 11. Receive inspection and obtain approval of plumbing plan from the water department 12. Connect to water and sewage services 15 13. Request and obtain telephone connection 14. Request final inspection 15. Receive final inspection 16. Request and obtain an occupancy permit 17. Register the new building at the property registration agency More details are available in the appendix. 4. Benchmarking Dealing with Licenses Regulations: Mozambique is ranked 147 overall for Dealing with Licenses. St. Vincent and the Grenadines is the top ranked economy followed by New Zealand, Belize and Marshall Islands. Ranking of Mozambique in Dealing with Licenses - Compared to best practice and selected economies: * The following economies are also best practice economies for Building a Warehouse: St. Vincent and the Grenadines 16 The following table shows Dealing with Licenses data for Mozambique compared to best practice and comparator economies: Best Practice Economies Procedures Duration Cost (% of (number) (days) income per capita) Denmark 6 Korea 34 United Arab Emirates 1.5 Selected Economy Mozambique 17 361 705.0 Comparator Economies Botswana 24 167 322.3 Kenya 10 100 58.8 Mauritius 18 107 43.3 Namibia 12 139 156.7 Seychelles 19 144 46.5 17 Employing Workers in Mozambique: Labor Regulations Every economy has established a complex system of laws and institutions intended to protect workers and guarantee a minimum standard of living for its population. This system encompasses four bodies of law: employment, industrial relations, social security and occupational health and safety laws. Doing Business examines government regulation in the area of employment and social security laws. Three measures are presented: a rigidity of employment index, a nonwage labor cost measure and a firing cost measure. The rigidity of employment index is the average of three subindices: difficulty of hiring, rigidity of hours and difficulty of firing. Each index takes values between 0 and 100, with higher values indicating more rigid regulation. The difficulty of hiring index measures the flexibility of contracts and the ratio of the minimum wage to the value added per worker. The rigidity of hours index covers restrictions on weekend and night work, requirements relating to working time and the workweek, and mandated days of annual leave with pay. The difficulty of firing index covers workers' legal protections against dismissal, including the grounds permitted for dismissal and procedures for dismissal (individual and collective). The nonwage labor cost covers all social security payments and payroll taxes associated with hiring an employee, expressed as a percentage of the worker's salary. The firing cost indicator measures the cost of advance notice requirements, severance payments and penalties due when terminating a redundant worker, expressed in weeks of salary. The indicators on employment regulations are based on a detailed study of employment laws. Data are also gathered on the specific constitutional provisions governing the two areas studied. To ensure accuracy, both the actual laws and the applicable collective bargaining agreements are used. Finally, all data are verified and completed by local law firms through a detailed survey of employment regulations. To make the data comparable across economies, a range of assumptions about the worker and the company are used. Assumptions about the worker include that he is a nonexecutive, full-time male employee who has worked in the same company for 20 years and is not a member of the labor union (unless membership is mandatory). The company is assumed to be a limited liability manufacturing corporation that operates in the country's most populous city, is 100% domestically owned and has 201 employees. The company is also assumed to be subject to collective bargaining agreements in countries where such agreements cover more than half the manufacturing sector and apply even to firms not party to them. Most employment regulations are enacted in response to market failures. But that does not mean that today's regulations are optimal. Analysis across countries shows that while employment regulation generally increases the tenure and wages of incumbent workers, rigid regulations have many undesirable side effects. These include less job creation, smaller company size, less investment in research and development, and longer spells of unemployment and thus the obsolescence of skills--all of which may reduce productivity growth. Many countries err on the side of excessive rigidity, to the detriment of businesses and workers alike. 18 1. Historical data: Employing Workers in Mozambique Employing Workers data Doing Business Doing Business Doing Business 2006 2007 2008 Rank 162 162 Rigidity of Employment Index 54 54 54 Nonwage labor cost (% of salary) 4 4 4 Firing costs (weeks of wages) 143 143 143 2. The following graph illustrates the Employing Workers indicators in Mozambique over the past 3 years: 143 143 143 54 54 54 4 4 4 of oyment (% ks of cost of Emplx costs(wee) wages idity Inde wage labor salary) Firing Rig 2005 Non 2006 2007 19 3. Benchmarking Employing Workers Regulations: Mozambique is ranked 162 overall for Employing Workers. Marshall Islands is the top ranked economy followed by Brunei, Georgia and Tonga. Ranking of Mozambique in Employing Workers - Compared to best practice and selected economies: * The following economies are also best practice economies for Employing Workers: Marshall Islands, Singapore 20 The following table shows Employing Workers data for Mozambique compared to best practice and comparator economies: Best Practice Economies Rigidity of Nonwage Firing costs Employment labor cost (% (weeks of Index of salary) wages) Bangladesh* 0 Denmark* 0 Hong Kong, China* 0 Selected Economy Mozambique 54 4 143 Comparator Economies Botswana 20 0 90 Kenya 21 4 47 Mauritius 23 6 35 Namibia 20 0 24 Seychelles 34 25 39 * The following economies are also best practice economies for : Rigidity of Employment Index: Singapore, United States Nonwage labor cost (% of salary): Botswana, Ethiopia, Maldives Firing costs (weeks of wages): New Zealand, United States 21 Registering Property in Mozambique: Regulation of Property Transfer Property registries were first developed to help raise tax revenue. Defining and publicizing property rights through registries has also proved to be good for entrepreneurs. Land and buildings account for between half and three-quarters of the wealth in most economies. Securing rights to this property strengthens incentives to invest and facilitates commerce. And with formal property titles, entrepreneurs can obtain mortgages on their home or land and start businesses. Doing Business measures the ease of registering property based on a standard case of an entrepreneur who wants to purchase land and a building in the largest business city. It is assumed that the property is already registered and free of title dispute. The data cover the full sequence of procedures necessary to transfer the property title from the seller to the buyer. Every required procedure is included, whether it is the responsibility of the seller or the buyer or must be completed by a third party on their behalf. Local property lawyers and officials in property registries provide information on required procedures as well as the time and cost to complete each one. For most countries the data are based on responses from both. Based on the responses, three indicators are constructed: · Number of procedures to register property. · Time to register property (in calendar days). · Official costs to register property (as a percentage of the property value). A large share of the property in developing countries is not formally registered, limiting financing opportunities for businesses. Recognizing this constraint, some developing country governments have embarked on extensive property titling programs. Yet bringing assets into the formal sector is of little value unless they stay there. Many titling programs in Africa were futile because people bought and sold property informally--neglecting to update the title records in the property registry. Why? Doing Business shows that completing a simple formal property transfer in the largest business city of an African country costs 12% of the value of the property and takes more than 100 days on average. Worse, the property registries are so poorly organized that they provide little security of ownership. For both reasons, formalized titles quickly go informal again. Efficient property registration reduces transaction costs and helps keep formal titles from slipping into informal status. Simple procedures to register property are also associated with greater perceived security of property rights and less corruption. That benefits all entrepreneurs, especially women, the young and the poor. The rich have few problems protecting their property rights. They can afford to invest in security systems and other measures to defend their property. But small entrepreneurs cannot. Reform can change this. 22 1. Historical data: Registering Property in Mozambique Registering Property data Doing Business Doing Business Doing Business 2006 2007 2008 Rank 124 126 Procedures (number) 8 8 8 Duration (days) 42 42 42 Cost (% of property value) 10.3 9.2 8.1 2. The following graph illustrates the Registering Property indicators in Mozambique over the past 3 years: 42 42 42 3. 10 8 8 8 2.9 1.8 edures (number) s) y (day propert ation of ) (% Dur value Cost Proc 2005 2006 2007 23 3. Steps to Registering Property in Mozambique It requires 8 procedures, takes 42 days, and costs 8.13% GNI per capita to register the property in Mozambique. List of Procedures: 1. Obtain a Real Estate Registry certificate of the property from the Real Estate Registry Office 2. Obtain a certificate from the Tax Authority regarding the value of the property 3. Lawyer prepares the draft sale and purchase agreement 4. Payment of transfer tax (SISA) at the Municipal Tax Office 5. Submit the draft sale and purchase agreement to the public notary to verify and issue the notarial deed of purchase 6. Apply for registration of the building at the Real Estate Registry Office 7. Submit the notarial deed at the Municipal Tax Office 8. Submit the notary deed to the Cadastre Services Registry More details are available in the appendix. 24 4. Benchmarking Registering Property Regulations: Mozambique is ranked 126 overall for Registering Property. New Zealand is the top ranked economy followed by Armenia, Saudi Arabia and Lithuania. Ranking of Mozambique in Registering Property - Compared to best practice and selected economies: 25 The following table shows Registering Property data for Mozambique compared to best practice and comparator economies: Best Practice Economies Procedures Duration Cost (% of (number) (days) property value) New Zealand* 2 Norway* 1 Saudi Arabia* 0.0 Selected Economy Mozambique 8 42 8.1 Comparator Economies Botswana 4 30 5.0 Kenya 8 64 4.2 Mauritius 6 210 10.8 Namibia 9 23 9.9 Seychelles 4 33 7.0 * The following economies are also best practice economies for : Procedures (number): Sweden Duration (days): Sweden, Thailand Cost (% of property value): Bhutan 26 Getting Credit in Mozambique: Legal Rights and Credit Information Firms consistently rate access to credit as among the greatest barriers to their operation and growth. Doing Business constructs two sets of indicators of how well credit markets function--one on credit registries and the other on legal rights of borrowers and lenders. Credit registries--institutions that collect and distribute credit information on borrowers--can greatly expand access to credit. By sharing credit information, they help lenders assess risk and allocate credit more efficiently. And they free entrepreneurs from having to rely on personal connections alone when trying to obtain credit. Three indicators are constructed to measure the sharing of credit information: · Public registry coverage, which reports the number of individuals and firms covered by a public credit registry as a percentage of the adult population. · Private bureau coverage, which reports the number of individuals and firms covered by a private credit bureau as a percentage of the adult population. · Depth of credit information index, which measures the extent to which the rules of a credit information system facilitate lending based on the scope of information distributed, the ease of access to information and the quality of information. The data are from surveys of public registries and the largest private credit bureau in the country. Effective regulation of secured lending--through collateral and bankruptcy laws--can also ease credit constraints. By giving a lender the right to seize and sell a borrower's secured assets upon default, collateral limits the lender's potential losses and acts as a screening device for borrowers. The strength of legal rights index measures 10 aspects of the rights of borrowers and creditors in collateral and bankruptcy laws, including whether: · General rather than specific description of assets and debt is permitted in collateral agreements (expanding the scope of assets and debt covered). · Any legal or natural person may grant or take security in assets. · A unified registry operates that includes charges over movable property. · Secured creditors have priority both within bankruptcy and outside it. · Parties may agree on out-of-court enforcement of collateral by contract. · Creditors may both seize and sell collateral out of court, no automatic stay or "asset freeze" applies upon bankruptcy, and the bankrupt debtor does not retain control of the firm. The index ranges from 0 (weak legal rights) to 10 (strong legal rights). The data were obtained by examining collateral and bankruptcy laws and legal summaries and verified through a survey of financial lawyers. Where good-quality credit information is available and legal rights are stronger, more credit is extended. Benefits flow beyond those gaining access to credit. With better-functioning credit markets, unemployment is lower, and women and low-income people benefit the most. 27 1. Historical data: Getting Credit in Mozambique Getting Credit data Doing Business Doing Business Doing Business 2006 2007 2008 Rank 94 97 Legal Rights Index 3 3 3 Public registry coverage (% adults) 0.8 0.7 0.9 Private bureau coverage (% adults) 0.0 0.0 0.0 2. The following graph illustrates the Getting Credit indicators in Mozambique over the past 3 years: 3 3 3 8.0 7.0 9.0 0 0 0 Index erage(% age (% Rights y covs) bureauadu cover) lt lts Legal registradu blic ate Pu Priv 2005 2006 2007 28 3. Benchmarking Getting Credit Regulations: Mozambique is ranked 97 overall for Getting Credit. United Kingdom is the top ranked economy followed by Hong Kong, China, Germany and Australia. Ranking of Mozambique in Getting Credit - Compared to best practice and selected economies: 29 The following table shows Getting Credit data for Mozambique compared to best practice and comparator economies: Best Practice Economies Legal Rights Public Private Index registry bureau coverage (% coverage (% Argentina* 100.0 Hong Kong, China* 10 Portugal 67.1 Selected Economy Mozambique 3 0.9 0.0 Comparator Economies Botswana 7 0.0 58.3 Kenya 8 0.0 1.5 Mauritius 5 38.6 0.0 Namibia 5 0.0 59.9 Seychelles 3 0.0 0.0 * The following economies are also best practice economies for : Legal Rights Index: United Kingdom Private bureau coverage (% adults): Australia, Canada, Iceland, Ireland, New Zealand, Nicaragua, Norway, Sweden, United States 30 Protecting Investors in Mozambique Officials at Elf Aquitaine, France's largest oil company, awarded business deals in return for large side payments. Along with the extra cash, they got seven years in jail and a 2 million fine for abuse of power. Russian oil firm Gazprom purchased materials for new pipelines through intermediaries owned by company officers. The high cost raised eyebrows, but not court battles. Big cases make headlines. But looting by corporate insiders occurs every day on a smaller scale, and often goes unnoticed. To document the protections investors have, Doing Business measures how countries regulate a standard case of self-dealing--use of corporate assets for personal gain. The case facts are simple. Mr. James, a director and the majority shareholder of a public company, proposes that the company purchase used trucks from another company he owns. The price is higher than the going price for used trucks. The transaction goes forward. All required approvals are obtained, and all required disclosures made, though the transaction is unfair to the purchasing company. Shareholders sue the interested parties and the members of the board of directors. Several questions arise. Who approves the transaction? What information must be disclosed? What company documents can investors access? What do minority shareholders have to prove to get the transaction stopped or to receive compensation from Mr. James? Three indices of investor protection are constructed based on the answers to these and other questions. All indices range from 0 to 10, with higher values indicating more protections or greater disclosure. The extent of disclosure index covers approval procedures, requirements for immediate disclosure to the public and shareholders of proposed transactions, requirements for disclosure in periodic filings and reports and the availability of external review of transactions before they take place. The extent of director liability index covers the ability of investors to hold Mr. James and the board of directors liable for damages, the ability to rescind the transaction, the availability of fines and jail time associated with self-dealing, the availability of direct or derivative suits and the ability to require Mr. James to pay back his personal profits from the transaction. The ease of shareholder suits index covers the availability of documents that can be used during trial, the ability of the investor to examine the defendant and other witnesses, shareholders' access to internal documents of the company, the appointment of an inspector to investigate the transaction and the standard of proof applicable to a civil suit against the directors. These three indices are averaged to create the strength of investor protection index. This index ranges from 0 to 10, with higher values indicating better investor protection. If the rights of investors are not protected, majority ownership in a business is the only way to eliminate expropriation. But then investors must devote more oversight attention to fewer investments. The result: entrepreneurship is suppressed, and fewer profitable investment projects are undertaken. Where self-dealing is curbed, equity investment is higher, ownership concentration lower and trust in the business sector deeper. Investors gain portfolio diversification, and entrepreneurs gain access to cash. 31 1. Historical data: Protecting Investors in Mozambique Protecting Investors data Doing Business Doing Business Doing Business 2006 2007 2008 Rank 96 33 Investor Protection Index 4.7 4.7 6.0 2. The following graph illustrates the Protecting Investors index in Mozambique compared to best practice and selected Economies: 7.9 7.7 0.6 0.5 3.5 7.5 3.4 Kenya bia Nami les que us ychel Botswana Se Mauriti Zealand Mozambi New Note: The higher the score, the greater the investor protection. 32 3. Benchmarking Protecting Investors Regulations: Mozambique is ranked 33 overall for Protecting Investors. New Zealand is the top ranked economy followed by Singapore, Hong Kong, China and Malaysia. Ranking of Mozambique in Protecting Investors - Compared to best practice and selected economies: 33 The following table shows Protecting Investors data for Mozambique compared to best practice and comparator economies: Best Practice Economies Investor Protection Index New Zealand 9.7 Selected Economy Mozambique 6.0 Comparator Economies Botswana 4.3 Kenya 5.0 Mauritius 7.7 Namibia 5.3 Seychelles 5.7 34 Paying Taxes: Tax Payable and Compliance in Mozambique Taxes are essential. Without them there would be no money to fund schools, hospitals, courts, roads, water, waste collection and other public services that help businesses to be more productive. Still, there are good ways and bad ways to collect taxes. The Doing Business tax survey records the effective tax that a company must pay and the administrative costs of doing so. Imagine a medium-size business, TaxpayerCo, that started operations last year. Doing Business asked accountants in 178 economies to review TaxpayerCo's financial statements and a standard list of transactions the company completed during the year. Respondents were asked how much tax the business must pay and what the process is for doing so. The business starts from the same financial position in each country. All the taxes and contributions paid during the second year of operation are recorded. Taxes and contributions are measured at all levels of government and include corporate income tax, turnover tax, all labor contributions paid by the company (including mandatory contributions paid to private pension or insurance funds), property tax, property transfer tax, dividend tax, capital gains tax, financial transactions tax, vehicle tax and other small taxes (such as fuel tax, stamp duty and local taxes). A range of standard deductions and exemptions are also recorded. Three indicators are constructed: · Number of tax payments, which takes into account the method of payment or withholding, the frequency of payment or withholding and the number of agencies involved for the standard case. · Time, which measures the hours per year necessary to prepare, file and pay the corporate income tax, value added or sales tax and labor taxes. · Total tax rate, which measures the amount of taxes payable by the company during the second year of operation. This amount, expressed as a percentage of commercial profit, is the sum of all the different taxes payable after accounting for various deductions and exemptions. Businesses care about what they get for their taxes and contributions, such as the quality of infrastructure and social services. Poor countries tend to use businesses as a collection point for taxes. Rich countries tend to have lower tax rates and less complex tax systems. And rich countries get more from their taxes. Simple, moderate taxes and fast, cheap administration mean less hassle for businesses--and also more revenue collected and better public services. More burdensome tax regimes create an incentive to evade taxes. 35 1. Historical data: Paying Taxes in Mozambique Paying Taxes data Doing Business Doing Business Doing Business 2006 2007 2008 Rank 66 72 Time (hours) 230 230 230 Total tax rate (% profit) 34.3 34.3 34.3 Payments (number) 37 37 37 2. The following graph illustrates the Paying Taxes indicators in Mozambique over the past 3 years: 230 230 230 3. 3. 3. 37 37 37 34 34 34 (number) Time (hours) it) prof (% yments Pa Totaltax rate 2005 2006 2007 36 3. Benchmarking Paying Taxes Regulations: Mozambique is ranked 72 overall for Paying Taxes. Maldives is the top ranked economy followed by Singapore, Hong Kong, China and United Arab Emirates. Ranking of Mozambique in Paying Taxes - Compared to best practice and selected economies: * The following economies are also best practice economies for Paying Taxes: Maldives 37 The following table shows Paying Taxes data for Mozambique compared to best practice and comparator economies: Best Practice Economies Payments Time (hours) Total tax (number) rate (% profit) Sweden* 2 United Arab Emirates* 12 Vanuatu 8.4 Selected Economy Mozambique 37 230 34.3 Comparator Economies Botswana 19 140 17.2 Kenya 41 432 50.9 Mauritius 7 161 21.7 Namibia 37 not available 26.5 Seychelles 16 76 48.4 * The following economies are also best practice economies for : Payments (number): Maldives Time (hours): Maldives 38 Trading Across Borders: Importing and Exporting from Mozambique The benefits of trade are well documented--as are the obstacles to trade. Tariffs, quotas and distance from large markets greatly increase the cost of goods or prevent trading altogether. But with faster ships and bigger planes, the world is shrinking. Global and regional agreements have brought down trade barriers. Yet Africa's share of global trade is smaller today than it was 25 years ago. So is the Middle East's, excluding oil exports. The reason is simple: many entrepreneurs face numerous hurdles to exporting or importing goods. They often give up. Others never try. Doing Business compiles procedural requirements for trading a standard shipment of goods by ocean transport. Every official procedure--and the associated documents, time and cost--for importing and exporting the goods is recorded, starting with the contractual agreement between the two parties and ending with delivery of the goods. For importing the goods, the procedures measured range from the vessel's arrival at the port of entry to the shipment's delivery at the factory warehouse. For exporting the goods, the procedures measured range from the packing of the goods at the factory to their departure from the port of exit. To make the data comparable across countries, several assumptions about the business and the traded goods are used. The business is of medium size, with 100 or more employees, and is located in the periurban area of the country's most populous city. It is a private, limited liability company, domestically owned, formally registered and operating under commercial laws and regulations of the country. The traded goods are ordinary, legally manufactured products, and they travel in a dry-cargo, 20-foot FCL (full container load) container. Documents recorded include port filing documents, customs declaration and clearance documents, and official documents exchanged between the concerned parties. Time is recorded in calendar days, from start to finish of each procedure. Cost measures the fees levied on a 20-foot container in U.S. dollars. All the fees associated with completing the procedures to export or import the goods are included, such as costs for documents, administrative fees for customs clearance and technical control, terminal handling charges and inland transport. The cost measure does not include tariffs or trade taxes. Countries that have efficient customs, good transport networks and fewer document requirements--making compliance with export and import procedures faster and cheaper--are more competitive globally. That leads to more exports--and exports are associated with faster growth and more jobs. Conversely, a need to file many documents is associated with more corruption in customs. Faced with long delays and frequent demands for bribes, many traders avoid customs altogether. Instead, they smuggle goods across the border. That defeats the very purpose in having border control of trade--to levy taxes and ensure high quality of goods. 39 1. Historical data: Trading Across Borders in Mozambique Trading Across Borders data Doing Business Doing Business Doing Business 2006 2007 2008 Rank 137 140 Documents for export (number) 8 8 8 Time for export (days) 27 27 27 Cost to export (US$ per container) 1155 1155 1155 Documents for import (number) 10 10 10 Time for import (days) 38 38 38 Cost to import (US$ per container) 1185 1185 1185 2. The following graph illustrates the Trading Across Borders indicators in Mozambique over the past 3 years: 1155 1155 1155 1185 1185 1185 8 8 8 27 27 27 10 10 10 38 38 38 r export s) ort s) r (US imp (day $ pe entsumber) for ort (day $ pe ort (US exp ner) ents forber) ner) (n import Docum Time for exp to contai (num Cost Docum Time for import to contai Cost 2005 2006 2007 40 3. Benchmarking Trading Across Borders Regulations: Mozambique is ranked 140 overall for Trading Across Borders. Singapore is the top ranked economy followed by Denmark, Hong Kong, China and Norway. Ranking of Mozambique in Trading Across Borders - Compared to best practice and selected economies: 41 The following table shows Trading Across Borders data for Mozambique compared to best practice and comparator economies: Best Practice Economies Documents Time for Cost to Documents Time for Cost to for export export (days) export (US$ for import import (days) import (US$ (number) per (number) per Canada* 3 China 390 Denmark* 5 3 Singapore 3 367 Selected Economy Mozambique 8 27 1155 10 38 1185 Comparator Economies Botswana 6 33 2328 9 43 2595 Kenya 9 29 1955 8 37 1995 Mauritius 5 17 728 6 16 673 Namibia 11 29 1539 9 24 1550 Seychelles 6 17 1839 5 19 1839 * The following economies are also best practice economies for : Documents for export (number): Estonia, Micronesia, Panama Time for export (days): Estonia, Singapore Documents for import (number): Sweden 42 Enforcing Contracts: Court Efficiency in Mozambique Where contract enforcement is efficient, businesses are more likely to engage with new borrowers or customers. Doing Business tracks the efficiency of the judicial system in resolving a commercial dispute, following the step-by-step evolution of a commercial sale dispute before local courts. The data are collected through study of the codes of civil procedure and other court regulations as well as surveys completed by local litigation lawyers (and, in a quarter of the countries, by judges as well). The dispute, between two businesses (the Seller and the Buyer) located in the country's most populous city, concerns a contract for the sale of goods. The Seller agrees to deliver the goods, worth 200% of the country's income per capita, to the Buyer. After receiving and inspecting the goods, the Buyer concludes that their quality is inadequate. The Buyer sends the goods back without paying for them. The Seller disagrees and argues that their quality is adequate. The Seller seeks full payment from the Buyer, arguing that the goods cannot be sold to a third party because they were custom-made for the Buyer. The Seller sues the Buyer before the court in the most populous city to recover the amount due under the sales agreement (200% of the country's income per capita). Three indicators of the efficiency of commercial contract enforcement are developed: · Number of procedures, which includes all those that demand interaction between the parties or between them and the judge or court officer. · Time, which counts the number of days from the moment the plaintiff files the lawsuit in court until the moment of payment. This measure includes both the days on which actions take place and the waiting periods between actions. · Cost, which measures the official cost of going through court procedures, expressed as a percentage of the claim (assumed to be equivalent to 200% of income per capita). The cost includes court costs, enforcement costs and attorney fees where the use of attorneys is mandatory or common. Businesses that have little or no access to efficient courts must rely on other mechanisms, both formal and informal--such as trade associations, social networks, credit bureaus or private information channels--to decide whom to do business with and under what conditions. Or they might adopt a conservative approach to business, dealing only with a small group of people linked through kinship, ethnic origin or previous dealings and structuring transactions to forestall disputes. In either case economic and social value may be lost. The main reason to regulate procedures in commercial dispute resolution is that informal justice is vulnerable to subversion by the rich and powerful. But heavy regulation of dispute resolution backfires. Across countries, the more procedures it takes to enforce a contract, the longer the delays and the higher the cost. The result: less wealth is created. 43 1. Historical data: Enforcing Contracts in Mozambique Enforcing Contracts data Doing Business Doing Business Doing Business 2006 2007 2008 Rank 141 138 Procedures (number) 32 32 31 Duration (days) 1010 1010 1010 Cost (% of claim) 142.5 142.5 142.5 2. The following graph illustrates the Enforcing Contracts indicators in Mozambique over the past 3 years: 1010 1010 1010 5. 5. 5. 142 142 142 32 32 31 edures (number) s) (day claim) of ation (% Dur Cost Proc 2005 2006 2007 44 3. Benchmarking Enforcing Contracts Regulations: Mozambique is ranked 138 overall for Enforcing Contracts. Hong Kong, China is the top ranked economy followed by Luxembourg, Latvia and Singapore. Ranking of Mozambique in Enforcing Contracts - Compared to best practice and selected economies: 45 The following table shows Enforcing Contracts data for Mozambique compared to best practice and comparator economies: Best Practice Economies Procedures Duration Cost (% of (number) (days) claim) Bhutan 0.1 Ireland 20 Singapore 120 Selected Economy Mozambique 31 1010 142.5 Comparator Economies Botswana 29 987 28.1 Kenya 44 465 26.7 Mauritius 37 750 17.4 Namibia 33 270 29.9 Seychelles 38 720 14.3 46 Closing Business in Mozambique: Bankruptcy The economic crises of the 1990s in emerging markets--from East Asia to Latin America, from Russia to Mexico--raised concerns about the design of bankruptcy systems and the ability of such systems to help reorganize viable companies and close down unviable ones. In countries where bankruptcy is inefficient, unviable businesses linger for years, keeping assets and human capital from being reallocated to more productive uses. The Doing Business indicators identify weaknesses in the bankruptcy law as well as the main procedural and administrative bottlenecks in the bankruptcy process. In many developing countries bankruptcy is so inefficient that creditors hardly ever use it. In countries such as these, reform would best focus on improving contract enforcement outside bankruptcy. The data on closing a business are developed using a standard set of case assumptions to track a company going through the step-by-step procedures of the bankruptcy process. It is assumed that the company is a domestically owned, limited liability corporation operating a hotel in the country's most populous city. The company has 201 employees, 1 main secured creditor and 50 unsecured creditors. Assumptions are also made about the debt structure and future cash flows. The case is designed so that the company has a higher value as a going concern--that is, the efficient outcome is either reorganization or sale as a going concern, not piecemeal liquidation. The data are derived from questionnaires answered by attorneys at private law firms. Three measures are constructed from the survey responses: the time to go through the insolvency process, the cost to go through the process and the recovery rate--how much of the insolvency estate is recovered by stakeholders, taking into account the time, cost, depreciation of assets and the outcome of the insolvency proceeding. Bottlenecks in bankruptcy cut into the amount claimants can recover. In countries where bankruptcy is used, this is a strong deterrent to investment. Access to credit shrinks, and nonperforming loans and financial risk grow because creditors cannot recover overdue loans. Conversely, efficient bankruptcy laws can encourage entrepreneurs. The freedom to fail, and to do so through an efficient process, puts people and capital to their most effective use. The result is more productive businesses and more jobs. 47 1. Historical data: Closing Business in Mozambique Closing a Business data Doing Business Doing Business Doing Business 2006 2007 2008 Rank 130 134 Time (years) 5.0 5.0 5.0 Cost (% of estate) 9 9 9 Recovery rate (cents on the dollar) 13 15 13.9 2. The following graph illustrates the Closing Business indicators in Mozambique over the past 3 years: 15 9. 13 13 9 9 9 5 5 5 the (cent) s on Time (years) e) estat of (% ry ratedollar Cost Recove 2005 2006 2007 48 3. Benchmarking Closing Business Regulations: Mozambique is ranked 134 overall for Closing a Business. Japan is the top ranked economy followed by Singapore, Norway and Canada. Ranking of Mozambique in Closing Business - Compared to best practice and selected economies: 49 The following table shows Closing Business data for Mozambique compared to best practice and comparator economies: Best Practice Economies Recovery Time (years) Cost (% of rate (cents estate) on the Colombia 1 Ireland* 0.4 Japan 92.6 Selected Economy Mozambique 13.9 5.0 9 Comparator Economies Botswana 59.8 1.7 15 Kenya 31.0 4.5 22 Mauritius 34.3 1.7 15 Namibia 41.3 1.5 15 Seychelles 0.0 no practice no practice * The following economies are also best practice economies for : Time (years): Cape Verde 50 APPENDICES Starting a Business in Mozambique This table summarizes the procedures and costs associated with setting up a business in Mozambique. STANDARDIZED COMPANY Legal Form: Sociedade por Quotas (LDA) - Closely-Held Limited Liability Company Minimum Capital Requirement: MZN 10,000 City: Maputo Registration Requirements: No: Procedure Time to complete Cost to complete 1 Obtain certification of unique name (certidão negativa) at the 1 day MZM 77 Commercial Registrar Office of Maputo (Conservatória do Registo Comercial) 2 Open a provisional bank account, deposit minimum capital, and 1 day no charge or bank obtain a verification of deposit with a local bank commission 3 Register with the Commercial Registrar Office of Maputo 3 days to 1 week see comments (Conservatória de Registo Comercial); request a commercial registry certificate; publish company statutes in the official gazette (Bolhetim da República) 4 Apply for an operational license (alvará) from the Presidente of 15-30 days MZM 266 Conselho Municipality 5 * Receive inspection from Ministry of Health and Fire Department 8 days, simultaneous no charge and Ministry of Commerce and Industry with previous procedure 6 * Declare the beginning of activity at the tax department 15 days, simultaneous nominal (Repartição de Finanças) with previous procedure 7 * Register for VAT (Imposto sobre o Valor Acrescentado) 7 days, simultaneous nominal with previous procedure 8 * Declare the beginning of activity and register job candidates at 1 day, simultaneous Each copy of the chart the provincial employment center with previous costs 5 Mtcs, procedure assuming 10 workers 9 * Register workers with the social security system 1 day, simultaneous no charge with previous procedure 10 * Subscribe a workmen's compensation insurance coverage 1 day, simultaneous no charge with previous procedure * Takes place simultaneously with another procedure. 51 Procedure 1 Obtain certification of unique name (certidão negativa) at the Commercial Registrar Office of Maputo (Conservatória do Registo Comercial) Time to complete: 1 day Cost to complete: MZM 77 Comment: The Registrar Office of Maputo was computerized and name verification can be done in a day. Procedure 2 Open a provisional bank account, deposit minimum capital, and obtain a verification of deposit with a local bank Time to complete: 1 day Cost to complete: no charge or bank commission Comment: Before having the articles of association notarized, limited liability companies (sociedades por quotas) must open a bank account to prove that at least 50% of the required minimum capital has been paid. The bank account must be opened in the company name that was approved by the Registrar Office of Maputo, which issued the certification of the unique name (Procedure 1). Procedure 3 Register with the Commercial Registrar Office of Maputo (Conservatória de Registo Comercial); request a commercial registry certificate; publish company statutes in the official gazette (Bolhetim da República) Time to complete: 3 days to 1 week Cost to complete: see comments Comment: To register a company with the Commercial Registrar Office of Maputo, the following costs apply: - A nominal fixed fee is charged for company matriculation. - The registration fees vary according to share capital: amounts up to MZN 5 million are taxable at a 2% rate, and amounts over MZN 5 million are taxable at a 1% rate. - A variable fee is payable for administrative costs up to a maximum of MZN 1,000. The time line to register in the Commercial Registry takes from a day to a week. This registration is final because the Commercial Registrar coordinates the publication of the company statutes in the Official Gazette. The fixed fee for online publication is MZN 475 per year for a 25-line page. Publication can take 3 days to 1 week. Procedure 4 Apply for an operational license (alvará) from the Presidente of Conselho Municipality Time to complete: 15-30 days Cost to complete: MZM 266 Comment: To apply for an operating license, the company promoters must file the following documents: - Letter of application with an authenticated signature, containing the company name and its head office, the proposed commercial activity, including the classes of merchandise offered or services provided, and the address of the company's registered offices. - Certificate of incorporation issued by the Commercial Registrar or copy of the articles of association (the provisional registration is adequate). - Personal identity documents (notarized copies). - Lease (notarized copy). If the company owns the premises, it must evidence ownership by submitting the Real Estate Registrar Office certificate when applying for the operating license. 52 If the operational permit is required, the Ministry of Industry and Commerce coordinates the necessary inspections by the health, fire, public health, and other relevant agencies. Fee schedule for operating license application: - Import-export company: MZN 2,500 plus MZN 500 for each class of goods imported or exported. - Wholesaler or retailer: MZN 250 for each shop. - Fire and public health inspections: MZN 160, payable to the Center for Environmental Hygiene. Upon inspection, the company can obtain a provisional license (alvará), which is a statement confirming that the company has passed the inspection. The final license takes longer because it is printed in a special format and signed. Owing to a recent reform, the licensing process can be completed at a one-stop shop, which offers a limited number of types of licenses. The one-stop shop forwards the documentation to the relevant agencies. Procedure 5 Receive inspection from Ministry of Health and Fire Department and Ministry of Commerce and Industry Time to complete: 8 days, simultaneous with previous procedure Cost to complete: no charge Comment: Although this inspection takes no more than an hour to complete, it can take more than a week to schedule an appointment with the Ministry of Health. The inspection is coordinated, so there is one joint inspection involving the different ministries. Procedure 6 Declare the beginning of activity at the tax department (Repartição de Finanças) Time to complete: 15 days, simultaneous with previous procedure Cost to complete: nominal Comment: After the tax reform, a unique income tax system has replaced the old. Form (Modelo 7) must be filed to register, under a different taxpayer number, for income tax withholding (imposto sobre o rendimento do trabalho), secção A, and Form 44 is used to register for complementary tax. For VAT and corporate income tax, the notification of the beginning of business activity must be submitted 15 days before commencement. This notification must be submitted to the tax department of the appropriate fiscal district the form Modelo 6. In addition, this process requires the filing of Modelo 5 (in triplicate) and an authenticated copy of the operating license. The company is assigned unique taxpayer number (numero unique de identificação tributária) in 15 days, and an individual file for all taxes is opened. Procedure 7 Register for VAT (Imposto sobre o Valor Acrescentado) Time to complete: 7 days, simultaneous with previous procedure Cost to complete: nominal Comment: Procedure 8 Declare the beginning of activity and register job candidates at the provincial employment center Time to complete: 1 day, simultaneous with previous procedure 53 Cost to complete: Each copy of the chart costs 5 Mtcs, assuming 10 workers Comment: To register employees at the provincial employment center, the employer must request work cards within 30 days of the start of employment agreements, submit a schedule of work hours, and declare the employment of national workers in 30 days of the start of their respective employment agreement. An employer with more than 10 employees must open a file (processo individual) and prepare four copies of a specific form (known as the relação nominal) for each worker, listing the name, position, skills, sex, date of birth, identity card number, date of entry, date of last promotion, wage or salary, and number of hours worked each month. These four copies are presented to the Employment Center, which after stamping them keeps three copies and returns one to the employer for public posting. This chart must be updated and approved annually by the Ministry of Labor. Together with this form, the employer must submit the company's annual holiday's plan (plano de férias) and each employee's work card (MZN 5,000 each), which includes identity information and the employee's signature. Upon stamping, the Employment Center returns them to the company, which distributes them to each worker as an employee identification card. Procedure 9 Register workers with the social security system Time to complete: 1 day, simultaneous with previous procedure Cost to complete: no charge Comment: The employer must register the company within 15 days of the start of business activity and register employees within 15 days of the start of their employment agreements. A special form (boletim de identificação de beneficiaries) must be filled out for each employee and submitted to the Instituto Nacional de Seguranca Social within 15 days of signing the labor contract, accompanied by an authenticated copy of that employee's identity card, an authenticated copy of the operational license, and the company's numero unique de identificação tributária (nuit). A special form (ficha da empresa) must be filed for each company. Procedure 10 Subscribe a workmen's compensation insurance coverage Time to complete: 1 day, simultaneous with previous procedure Cost to complete: no charge Comment: 54 Dealing with Licenses in Mozambique The table below summarizes the procedures, time, and costs to build a warehouse in Mozambique. BUILDING A WAREHOUSE Date as of: January 2,007 Estimated Warehouse Value: City: Maputo Registration Requirements: No: Procedure Time to complete Cost to complete 1 Request and obtain the right to the use and enjoyment of the land 120 days MZN 200 2 * Request and obtain the topographic plan 120 days MZN 325 3 Request and obtain a building permit from Department of 45 days MZN 6,503 Construction and Urbanization 4 Receive inspection by the municipality - I 1 day no charge 5 Receive inspection by the municipality - II 1 day no charge 6 Request electricity connection approval from the National Directorate 7 days no charge of Energy 7 * Request power connection from Electricity of Mozambique 1 day MZN 6,837 8 * Receive inspection and obtain approval of electrical plan from the 1 day no charge electricity department 9 * Connect to electricity services of Electricity of Mozambique 53 days MZN 37,416 10 * Request water and sewage connection 1 day MZN 4,700 11 * Receive inspection and obtain approval of plumbing plan from the 1 day no charge water department 12 * Connect to water and sewage services 43 days no charge 13 * Request and obtain telephone connection 2 days MZN 2,580 14 Request final inspection 1 day no charge 15 Receive final inspection 1 day no charge 16 Request and obtain an occupancy permit 90 days MZN 2,000 55 17 Register the new building at the property registration agency 45 days MZN 325 * Takes place simultaneously with another procedure. 56 Procedure 1 Request and obtain the right to the use and enjoyment of the land Time to complete: 120 days Cost to complete: MZN 200 Comment: The company must obtain the right to the use and enjoyment of the land from the Municipal Council of Maputo City, Department of Construction and Urbanization (DCU), because all land is state owned. Procedures 1 and 2 are done simultaneously. It takes at least 120 days to obtain a preliminary document that allows the builder to request the building permit. The right to use of the land must be requested before beginning construction. Even if the company had this title in the past, it would still need to make sure that the stated use of the land in the title is compatible with the new use. Procedure 2 Request and obtain the topographic plan Time to complete: 120 days Cost to complete: MZN 325 Comment: The company should obtain the topographic plan from the Municipal Council of Maputo City, Department of Construction and Urbanization (DCU). Procedure 3 Request and obtain a building permit from Department of Construction and Urbanization Time to complete: 45 days Cost to complete: MZN 6,503 Comment: The company should submit an application to the municipal council with the full detailed plan attached. The cost is MZN 5 to MZN 10 per square meter. In the present case, the total cost would be MZN 5 x 1,300.6 = MZN 6,503. There is a time limit of a month, and silence is construed to mean consent. In practice, investors do not make use of the "silence-is-consent" rule because they are afraid their investment would be demolished if they start construction without a license. Procedure 4 Receive inspection by the municipality - I Time to complete: 1 day Cost to complete: no charge Comment: Inspections may during construction. According to law, two to three inspections should be carried out by the municipality and by the labor inspectorate. However, in practice, these inspections rarely occur. When they are undertaken, these inspections are announced by the inspector, who informs BuildCo of the inspection date. Normally, an inspection is carried out when the concrete is poured. Procedure 5 Receive inspection by the municipality - II Time to complete: 1 day Cost to complete: no charge Comment: 57 Procedure 6 Request electricity connection approval from the National Directorate of Energy Time to complete: 7 days Cost to complete: no charge Comment: The company must obtain approval from the National Directorate of Energy for medium- and high-voltage connections before contacting Electricity of Mozambique. Procedure 7 Request power connection from Electricity of Mozambique Time to complete: 1 day Cost to complete: MZN 6,837 Comment: The connection is completed through Electricity of Mozambique, which first conducts an inspection to check the availability of resources and then makes the actual connection. The company is charged for the cable, which can cost around USD 40 per meter. Procedure 8 Receive inspection and obtain approval of electrical plan from the electricity department Time to complete: 1 day Cost to complete: no charge Comment: The company must provide the site plan. The typical waiting time for the inspection is about 4 weeks. Procedure 9 Connect to electricity services of Electricity of Mozambique Time to complete: 53 days Cost to complete: MZN 37,416 Comment: Procedure 10 Request water and sewage connection Time to complete: 1 day Cost to complete: MZN 4,700 Comment: Obtaining the connection is immediate because the utility provider is already informed and has approved the project. Procedure 11 Receive inspection and obtain approval of plumbing plan from the water department Time to complete: 1 day Cost to complete: no charge Comment: The company must supply the (layout) drawings. The typical waiting time is about 4 weeks. 58 Procedure 12 Connect to water and sewage services Time to complete: 43 days Cost to complete: no charge Comment: Procedure 13 Request and obtain telephone connection Time to complete: 2 days Cost to complete: MZN 2,580 Comment: Obtaining the connection is immediate because the utility provider is already informed and has approved the project. The cost is 10 per meter of cable. Procedure 14 Request final inspection Time to complete: 1 day Cost to complete: no charge Comment: The applicant can request a final inspection only when the construction is fully terminated. Procedure 15 Receive final inspection Time to complete: 1 day Cost to complete: no charge Comment: The final inspection is carried out by the fire department, the health department, the water department, and other appropriate agencies. This inspection is coordinated by the municipal authority. Procedure 16 Request and obtain an occupancy permit Time to complete: 90 days Cost to complete: MZN 2,000 Comment: In order to obtain the occupancy permit, it is necessary to request a certificate of improvements, pay all relevant taxes, and attach the building permit. Procedure 17 Register the new building at the property registration agency Time to complete: 45 days Cost to complete: MZN 325 Comment: 59 Employing Workers in Mozambique Employing workers indices are based on responses to survey questions. The table below shows these responses in Mozambique. Employing Workers Indicators (2007) Answer Score Rigidity of Employment Index 54.4 Difficulty of Hiring Index 83.3 Are fixed-term contracts prohibited for permanent tasks? Yes 1 What is the maximum duration of fixed-term contracts (including renewals)? (in months) 48 0.5 What is the ratio of mandated minimum wage to the average value added per worker? 1.20 1.00 Rigidity of Hours Index 60.0 Can the workweek extend to 50 hours (including overtime) for 2 months per year to respond to a Yes 0 seasonal increase in production? What is the maximum number of working days per week? 6 0 Are there restrictions on night work? Yes 1 Are there restrictions on "weekly holiday" work? Yes 1 What is the paid annual vacation (in working days) for an employee with 20 years of service? 22 1 Difficulty of Firing Index 20.0 Is the termination of workers due to redundancy legally authorized? Yes 0 Must the employer notify a third party before terminating one redundant worker? Yes 1 Does the employer need the approval of a third party to terminate one redundant worker? No 0 Must the employer notify a third party before terminating a group of 25 redundant workers? Yes 1 Does the employer need the approval of a third party to terminate a group of 25 redundant No 0 workers? Can an employer make redundant a worker only if the worker could not have been reassigned or No 0 retrained? Are there priority rules applying to redundancies? No 0 Are there priority rules applying to re-employment? No 0 Firing costs (weeks of wages) 142.9 What is the notice period for redundancy dismissal after 20 years of continuous employment? 12.9 (weeks of salary) 60 What is the severance pay for redundancy dismissal after 20 years of employment? (weeks of 130.0 salary) What is the legally mandated penalty for redundancy dismissal? (weeks of salary) 0.0 Nonwage labor cost (% of salary) 4.0 Note: The first three indices measure how difficult it is to hire a new worker, how rigid the regulations are on working hours, and how difficult it is to dismiss a redundant worker. Each index assigns values between 0 and 100, with higher values representing more rigid regulations. The overall Rigidity of Employment Index is an average of the three indices. 61 Registering Property in Mozambique This topic examines the steps, time, and cost involved in registering property in Mozambique. STANDARDIZED PROPERTY Property Value: 17,000.00 City: Maputo Registration Requirements: No: Procedure Time to complete Cost to complete 1 * Obtain a Real Estate Registry certificate of the property 3-14 days MZN 75 from the Real Estate Registry Office (simultaneous with procedure 2) 2 * Obtain a certificate from the Tax Authority regarding the 3-14 days MZN 100 value of the property (simultaneous with procedure 1) 3 Lawyer prepares the draft sale and purchase 1-14 days MZN 12,000 ­ MZN agreement, to be executed in the form of a public 30,800 deed 4 Payment of transfer tax (SISA) at the Municipal Tax 3 days 2% of property value Office (SISA-transfer tax) + 20% of the transfer tax (municipal charge-`adicional autarquico') 5 The lawyer/parties submit the draft sale and purchase 1-8 days 0.2% of property value agreement to the public notary to verify and issue the (stamp duty) + Notarial notarial deed of purchase fees according to the following schedule: 0.04% of property value up to the first MZN 5 million + 0.001% of property value for the excess of MZN 5 million. 6 Apply for registration of the building at the Real Estate 2-7 days Registration fees Registry Office according to the following schedule: 0.04% of property value up to the first MZN 5 million + 0.001% of property value for the excess of MZN 5 million. 7 * Submit the notaria deed at the Municipal Tax Office 3-14 days MZN 150 (simultaneous with procedure 8) 62 8 * Submit the notary deed at the Cadastre Services 7-14 days MZN 150 Registry (simultaneous with procedure 7) * Takes place simultaneously with another procedure. 63 Procedure 1 Obtain a Real Estate Registry certificate of the property from the Real Estate Registry Office Time to complete: 3-14 days (simultaneous with procedure 2) Cost to complete: MZN 75 Comment: A Real Estate Registry certificate is obtained at the Conservatória do Registo Predial. The certificate shows all the owners of the property/ beneficiaries of the use and benefit right, and is valid for 90 days. If the owner does not have a copy of the current real property registration, then the DCU reference number must be obtained in order for the Registrar to locate the book and page on which the property is registered. Procedure 2 Obtain a certificate from the Tax Authority regarding the value of the property Time to complete: 3-14 days (simultaneous with procedure 1) Cost to complete: MZN 100 Comment: A certificate (registro matricial) with the value of the property is obtained from the tax authority or Repartição das Finanças. Procedure 3 Lawyer prepares the draft sale and purchase agreement, to be executed in the form of a public deed Time to complete: 1-14 days Cost to complete: MZN 12,000 ­ MZN 30,800 Comment: A lawyer prepares the sale and purchase agreement. It is necessary to have the underlying land and property title deed and real property registration in order to have all the necessary property description and land plot demarcation details. The form of the description varies from rural areas to municipalities. The actual sales instrument is relatively simple but the additional administrative/registry detail complicates the preparation. Procedure 4 Payment of transfer tax (SISA) at the Municipal Tax Office Time to complete: 3 days Cost to complete: 2% of property value (SISA-transfer tax) + 20% of the transfer tax (municipal charge-`adicional autarquico') Comment: The property must have been registered for real property taxes (municipal or national), all of the real property tax must have been paid (for which a tax clearance must be obtained), and the owner and the purchaser must be registered for tax purposes (NUIT). A SISA tax receipt is obtained to be submitted with the sale and purchase agreement to the notary and the name of the buyer is registered with the Tax Office. The SISA tax has been reformed by Decree 46/2004 of October 27, cutting it from previous levels around 10%. In the past, the 10% tax that applied to Maputo was not fully paid since the market value of the property was never quoted. This change unifies the level of the transfer tax with the rest of the country that already had taxes around 2%. Procedure 5 The lawyer/parties submit the draft sale and purchase agreement to the public notary to verify and issue the notarial deed of purchase Time to complete: 1-8 days 64 Cost to complete: 0.2% of property value (stamp duty) + Notarial fees according to the following schedule: 0.04% of property value up to the first MZN 5 million + 0.001% of property value for the excess of MZN 5 million. Comment: The lawyer/parties submit the draft sale and purchase agreement to the public notary, who verifies the documentation and prepares the notarial deed of sale and purchase for signature. The Real Estate Registry certificate and the SISA payment certificate must be submitted, together with Companies' Registry certificates of the parties and copies of the ID's of their representatives who will execute the notarial deed on their behalf. Copies of quota-holders/directors resolutions and/or powers of attorney may also be required pursuant to the relevant companies' articles of association. In some cases it may be possible to notarize the deed faster if the parties, instead of the notary, prepare the deed themselves and give it to the notary on a disk to notarize. Procedure 6 Apply for registration of the building at the Real Estate Registry Office Time to complete: 2-7 days Cost to complete: Registration fees according to the following schedule: 0.04% of property value up to the first MZN 5 million + 0.001% of property value for the excess of MZN 5 million. Comment: The notary deed of sale and purchase is submitted to the Real Estate Registry Office, together with an application requesting the registration of ownership over the property, on the buildings and of the right of use and fruition over the land, in the name of the buyer. Simultaneously with the request for registration (or sequentially depending on the practice), a certificate of the registration is requested, usually an integral certificate which provides the owner with copies of the pages on which the title is recorded. This is a cautionary measure in the event that the registry books are damaged or destroyed (as happened in the 2000 floods) or disappear somehow. Procedure 7 Submit the notaria deed at the Municipal Tax Office Time to complete: 3-14 days (simultaneous with procedure 8) Cost to complete: MZN 150 Comment: The notary deed is submitted to the Municipal Tax Office by the parties, together with an application requesting the registration of the buyer as the owner of the property for purposes of Municipal Property Tax Registration. Procedure 8 Submit the notary deed at the Cadastre Services Registry Time to complete: 7-14 days (simultaneous with procedure 7) Cost to complete: MZN 150 Comment: This procedure is to register the land (use) in the name of the buyer. The notarial deed is submitted to the Cadastre Services Registry by the parties, together with an application for registration of the property in favor of the buyer, to update the Cadastre. If there is a land use and benefit title, the amendment of the title is requested. The new owner's name is registered inside the title document as is the cross-reference to the Real Property Registry recordings. 65 Getting Credit in Mozambique The following table summarize legal rights of borrowers and lenders, and the availability and legal framework of credit registries in Mozambique. Getting Credit Indicators (2007) Indicator Private credit Public credit Private bureau coverage (% adults) 3 bureau registry Are data on both firms and individuals distributed? No Yes 1 Are both positive and negative data distributed? No Yes 1 Does the registry distribute credit information from retailers, trade creditors or No No 0 utility companies as well as financial institutions? Are more than 2 years of historical credit information distributed? No No 0 Is data on all loans below 1% of income per capita distributed? No No 0 Is it guaranteed by law that borrowers can inspect their data in the largest No Yes 1 credit registry? Coverage 0.0 0.9 Number of individuals 0 96,106 Number of firms 0 3,147 Legal Rights Index 3 Does the law allow all natural and legal persons to be party to collateral agreements? Yes Does the law allow for general descriptions of assets, so that all types of assets can be used as collateral? No Does the law allow for general descriptions of debt, so that all types of obligations can be secured? No Does a unified registry exist for all security rights in movable property? No Do secured creditors have absolute priority to their collateral outside bankruptcy procedures? No Do secured creditors have absolute priority to their collateral in bankruptcy procedures? Yes During reorganization, are secured creditors' claims exempt from an automatic stay on enforcement? Yes During reorganization, is management's control of the company's assets suspended? No Does the law authorize parties to agree on out of court enforcement? No May parties have recourse to out of court enforcement without restrictions? No 66 Protecting Investors in Mozambique The table below provides a full breakdown of how the disclosure, director liability, and shareholder suits indexes are calculated in Mozambique. Protecting Investors Data (2007) Indicator Disclosure Index 5 What corporate body provides legally sufficient approval for the transaction? (0-3; see notes) 2 Immediate disclosure to the public and/or shareholders (0-2; see notes) 1 Disclosures in published periodic filings (0-2; see notes) 1 Disclosures by Mr. James to board of directors (0-2; see notes) 1 Requirement that an external body review the transaction before it takes place (0=no, 1=yes) 0 Director Liability Index 4 Shareholder plaintiff's ability to hold Mr. James liable for damage the Buyer-Seller transaction causes to 1 the company. (0-2; see notes) Shareholder plaintiff's ability to hold the approving body (the CEO or board of directors) liable for for 1 damage to the company. (0-2; see notes) Whether a court can void the transaction upon a successful claim by a shareholder plaintiff (0-2; see 0 notes) Whether Mr. James pays damages for the harm caused to the company upon a successful claim by the 1 shareholder plaintiff (0=no, 1=yes) Whether Mr. James repays profits made from the transaction upon a successful claim by the 0 shareholder plaintiff (0=no, 1=yes) Whether fines and imprisonment can be applied against Mr. James (0=no, 1=yes) 0 Shareholder plaintiff's ability to sue directly or derivatively for damage the transaction causes to the 1 company (0-1; see notes) Shareholder Suits Index 9 Documents available to the plaintiff from the defendant and witnesses during trial (0-4; see notes) 3 Ability of plaintiffs to directly question the defendant and witnesses during trial (0-2; see notes) 2 Plaintiff can request categories of documents from the defendant without identifying specific ones (0=no, 1 1=yes) Shareholders owning 10% or less of Buyer's shares can request an inspector investigate the transaction 1 (0=no, 1=yes) Level of proof required for civil suits is lower than that for criminal cases (0=no, 1=yes) 1 Shareholders owning 10% or less of Buyer's shares can inspect transaction documents before filing suit 1 (0=no, 1=yes) 67 Investor Protection Index 6.0 Notes: Extent of Disclosure Index What corporate body provides legally sufficient approval for the transaction? 0=CEO or managing director alone; 1=shareholders or board of directors vote and Mr. James can vote; 2=board of directors votes and Mr. James cannot vote; 3 = shareholders vote and Mr. James cannot vote Immediate disclosure to the public and/or shareholders 0=none; 1=disclosure on the transaction only; 2=disclosure on the transaction and Mr. James' conflict of interest Disclosures in published periodic filings 0=none; 1=disclosure on the transaction only; 2=disclosure on the transaction and Mr. James' conflict of interest Disclosures by Mr. James to board of directors 0=none; 1=existence of a conflict without any specifics; 2= full disclosure of all material facts Director Liability Index Shareholder plaintiff's ability to hold Mr. James liable for damage the Buyer-Seller transaction causes to the company 0= Mr. James is not liable or liable only if he acted fraudulently or in bad faith; 1= Mr. James is liable if he influenced the approval or was negligent; 2= Mr. James is liable if the transaction was unfair, oppressive or prejudicial to minority shareholders Shareholder plaintiff's ability to hold the approving body (the CEO or board of directors) liable for for damage to the company 0=members of the approving body are either not liable or liable only if they acted fraudulently or in bad faith; 1=liable for negligence in the approval of the transaction; 2=liable if the transaction is unfair, oppressive, or prejudicial to minority shareholders Whether a court can void the transaction upon a successful claim by a shareholder plaintiff 0=rescission is unavailable or available only in case of Seller's fraud or bad faith; 1=available when the transaction is oppressive or prejudicial to minority shareholders; 2=available when the transaction is unfair or entails a conflict of interest Shareholder plaintiffs' ability to sue directly or derivatively for damage the transaction causes to the company 0=not available; 1=direct or derivative suit available for shareholders holding 10% of share capital or less Shareholder Suits Index Documents available to the plaintiff from the defendant and witnesses during trail Score 1 each for (1) information that the defendant has indicated he intends to rely on for his defense; (2) information that directly proves specific facts in the plaintiff's claim; (3) any information that is relevant to the subject matter of the claim; and (4) any information that may lead to the discovery of relevant information. Ability of plaintiffs to directly question the defendant and witnesses during trial 0=no; 1=yes, with prior approval by the court of the questions posed; 2=yes, without prior approval 68 Paying Taxes in Mozambique The table below addresses the taxes and mandatory contributions that a medium-size company must pay or withhold in a given year in Mozambique, as well as measures of administrative burden in paying taxes. Tax or mandatory Payments Notes on Time Statutory tax Tax Totaltax rate Notes on contribution (number) Payments (hours) rate base (% profit) TTR Fuel tax 1 small amount stamp duty 1 small amount Value added tax (VAT) 12 120 17.0% value added not included Vehicle tax 1 annual fee 0.50 based on production year and capacity of vehicle. Tax on interest 0 withheld 20.0% interest 0.51 included in income other taxes Municipal property tax 2 0.1% to 1% building 0.54 value Local tax 1 2000 1.05 *1.5*1.5 Social security 12 60 4.0% gross 4.51 contributions salaries Corporate income tax 7 50 32.0% taxable 27.68 profits Totals 37 230 34.3 69 Notes: a) data not collected b) VAT is not included in the total tax rate because it is a tax levied on consumers c) very small amount d) included in other taxes e) Withheld tax f) electronic filling available g) paid jointly with another tax Name 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. When there is more than one statutory tax rate, the one applicable to TaxpayerCo is reported. 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. 70 Trading Across Borders in Mozambique These tables list the procedures necessary to import and exports a standardized cargo of goods in Mozambique. The documents required to export and import the goods are also shown. Nature of Export Procedures (2007) Duration (days) US$ Cost Documents preparation 17 405 Customs clearance and technical control 2 250 Ports and terminal handling 4 260 Inland transportation and handling 4 240 Totals 27 1155 Nature of Import Procedures (2007) Duration (days) US$ Cost Documents preparation 26 405 Customs clearance and technical control 3 280 Ports and terminal handling 5 260 Inland transportation and handling 4 240 Totals 38 1185 Export Bill of lading Cargo release order Pre-shipment inspection clean report of findings Commercial invoice Customs export declaration Inspection report from scanner Packing list Terminal handling receipts Import Bill of lading Cargo release order Certificate of origin Commercial invoice Customs import declaration 71 Delivery order Inspection report from scanner Packing list Pre-shipment inspection clean report of findings Terminal handling receipts 72 Enforcing Contracts in Mozambique This topic looks at the efficiency of contract enforcement in Mozambique. Nature of Procedure (2007) Indicator Procedures (number) 31.00 Duration (days) 1,010.00 Filing and service 90.0 Trial and judgment 740.0 Enforcement of judgment 180.0 Cost (% of claim)* 142.50 Attorney cost (% of claim) 98.5 Court cost (% of claim) 24.0 Enforcement Cost (% of claim) 20.0 Court information: Maputo Judicial Court ("Tribunal Judicial da Cidade de Maputo") * Claim assumed to be equivalent to 200% of income per capita. 73