65243 Economy Profile: Cambodia © 2012 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 All rights reserved. 1 2 3 4 08 07 06 05 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 does not guarantee the accuracy of the data included in this work. Rights and Permissions The material in this publication is copyrighted. Copying and/or transmitting portions or all of this work without permission may be a violation of applicable law. The World Bank encourages dissemination of its work and will normally grant permission to reproduce portions of the work promptly. 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ISBN: 978-0-8213-8833-4 E-ISBN: 978-0-8213-8834-1 DOI: 10.1596/978-0-8213-8833-4 ISSN: 1729-2638 Printed in the United States Doing Business 2012 Cambodia 3 CONTENTS Introduction .................................................................................................................................. 4 The business environment .......................................................................................................... 5 Starting a business ..................................................................................................................... 14 Dealing with construction permits ........................................................................................... 25 Getting electricity ....................................................................................................................... 38 Registering property .................................................................................................................. 44 Getting credit .............................................................................................................................. 54 Protecting investors ................................................................................................................... 61 Paying taxes ................................................................................................................................ 71 Trading across borders .............................................................................................................. 79 Enforcing contracts .................................................................................................................... 88 Resolving insolvency .................................................................................................................. 95 Data notes ................................................................................................................................. 101 Resources on the Doing Business website ............................................................................ 106 Doing Business 2012 Cambodia 4 INTRODUCTION Doing Business sheds light on how easy or difficult it is the paying taxes indicators, which cover the period for a local entrepreneur to open and run a small to January–December 2010). medium-size business when complying with relevant The Doing Business methodology has limitations. Other regulations. It measures and tracks changes in areas important to business—such as an economy’s regulations affecting 10 areas in the life cycle of a proximity to large markets, the quality of its business: starting a business, dealing with construction infrastructure services (other than those related to permits, getting electricity, registering property, trading across borders and getting electricity), the getting credit, protecting investors, paying taxes, security of property from theft and looting, the trading across borders, enforcing contracts and transparency of government procurement, resolving insolvency. macroeconomic conditions or the underlying strength In a series of annual reports Doing Business presents of institutions—are not directly studied by Doing quantitative indicators on business regulations and the Business. The indicators refer to a specific type of protection of property rights that can be compared business, generally a local limited liability company across 183 economies, from Afghanistan to Zimbabwe, operating in the largest business city. Because over time. The data set covers 46 economies in Sub- standard assumptions are used in the data collection, Saharan Africa, 32 in Latin America and the Caribbean, comparisons and benchmarks are valid across 24 in East Asia and the Pacific, 24 in Eastern Europe economies. The data not only highlight the extent of and Central Asia, 18 in the Middle East and North obstacles to doing business; they also help identify the Africa and 8 in South Asia, as well as 31 OECD high- source of those obstacles, supporting policy makers in income economies. The indicators are used to analyze designing regulatory reform. economic outcomes and identify what reforms have More information is available in the full report. Doing worked, where and why. Business 2012 presents the indicators, analyzes their This economy profile presents the Doing Business relationship with economic outcomes and indicators for Cambodia. To allow useful comparison, it recommends regulatory reforms. The data, along with also provides data for other selected economies information on ordering Doing Business 2012, are (comparator economies) for each indicator. The data in available on the Doing Business website at this report are current as of June 1, 2011 (except for http://www.doingbusiness.org. Doing Business 2012 Cambodia 5 THE BUSINESS ENVIRONMENT For policy makers trying to improve their economy’s regulatory environment for business, a good place to ECONOMY OVERVIEW start is to find out how it compares with the regulatory environment in other economies. Doing Business provides an aggregate ranking on the ease of doing Region: East Asia & Pacific business based on indicator sets that measure and benchmark regulations applying to domestic small to Income category: Low income medium-size businesses through their life cycle. Economies are ranked from 1 to 183 by the ease of Population: 14,138,255 doing business index. For each economy the index is calculated as the ranking on the simple average of its GNI per capita (US$): 760.00 percentile rankings on each of the 10 topics included in the index in Doing Business 2012: starting a business, DB2012 rank: 138 dealing with construction permits, getting electricity, registering property, getting credit, protecting DB2011 rank: 138 investors, paying taxes, trading across borders, Change in rank: 0 enforcing contracts and resolving insolvency. The ranking on each topic is the simple average of the percentile rankings on its component indicators (see Note: See the data notes for sources and the data notes for more details). 1 definitions. The aggregate ranking on the ease of doing business benchmarks each economy’s performance on the indicators against that of all other economies in the Doing Business sample (figure 1.1). While this ranking tells much about the business environment in an economy, it does not tell the whole story. The ranking on the ease of doing business, and the underlying indicators, do not measure all aspects of the business environment that matter to firms and investors or that affect the competitiveness of the economy. Still, a high ranking does mean that the government has created a regulatory environment conducive to operating a business. 1 Except for the ease of getting credit, for which the percentile rankings on its component indicators are weighted, the depth of credit information index at 37.5% and the strength of legal rights index at 62.5%. Doing Business 2012 Cambodia 6 THE BUSINESS ENVIRONMENT Figure 1.1 Where economies stand in the global ranking on the ease of doing business Source: Doing Business database. Doing Business 2012 Cambodia 7 THE BUSINESS ENVIRONMENT For policy makers, knowing where their economy the regional average (figure 1.2). The economy’s stands in the aggregate ranking on the ease of doing rankings on the topics included in the ease of doing business is useful. Also useful is to know how it ranks business index provide another perspective (figure compared with other economies and compared with 1.3). Figure 1.2 How Cambodia and comparator economies rank on the ease of doing business Source: Doing Business database. Doing Business 2012 Cambodia 8 THE BUSINESS ENVIRONMENT Figure 1.3 How Cambodia ranks on Doing Business topics Source: Doing Business database. Doing Business 2012 Cambodia 9 THE BUSINESS ENVIRONMENT Just as the overall ranking on the ease of doing This measure shows the distance of each economy to business tells only part of the story, so do changes in the ―frontier,‖ a synthetic measure based on the most that ranking. Yearly movements in rankings can efficient practice or highest score observed for each provide some indication of changes in an economy’s Doing Business indicator across all economies and regulatory environment for firms, but they are always years included in the Doing Business sample since relative. An economy’s ranking might change because 2005. Nine areas of business regulation are covered. of developments in other economies. An economy that Comparing the measure for an economy at 2 points in implemented business regulation reforms may fail to time allows users to assess how much the economy’s rise in the rankings (or may even drop) if it is passed regulatory environment as measured by Doing by others whose business regulation reforms had a Business has changed over time—how far it has moved more significant impact as measured by Doing toward (or away from) the most efficient practices and Business. strongest regulations in areas covered by Doing Moreover, year-to-year changes in the overall rankings Business (figure 1.4). The results may show that the do not reflect how the business regulatory pace of change varies widely across the areas environment in an economy has changed over time— measured. They also may show that an economy is or how it has changed in different areas. To aid in relatively close to the frontier in some areas and assessing such changes, Doing Business 2012 relatively far from it in others. introduces the distance to frontier measure. Figure 1.4 How far has Cambodia come in the areas measured by Doing Business? Distance to frontier, 2005 and 2011 Note: For economies added to the Doing Business sample after 2005, the starting point is the year in which they were added: 2006 for Montenegro; 2007 for Brunei Darussalam, Liberia and Luxembourg; 2008 for The Bahamas, Bahrain and Qatar; and 2009 for Cyprus and Kosovo. See the data notes for more details on the distance to frontier measure. Source: Doing Business database. Doing Business 2012 Cambodia 10 THE BUSINESS ENVIRONMENT The absolute values of the indicators tell another part business regulation—such as a regulatory process that of the story (table 1.1). The indicators, on their own or can be completed with a small number of procedures in comparison with the indicators of a good practice in a few days and at a low cost. Comparison of the economy or those of comparator economies in the economy’s indicators today with those in the previous region, may reveal bottlenecks reflected in large year may show where substantial bottlenecks persist— numbers of procedures, long delays or high costs. Or and where they are diminishing. they may reveal unexpected strengths in an area of Table 1.1 Summary of Doing Business indicators for Cambodia Best performer globally Timor-Leste DB2012 Philippines DB2012 Cambodia DB2012 Cambodia DB2011 Indonesia DB2012 Malaysia DB2012 Thailand DB2012 Lao PDR DB2012 Indicator DB2012 Starting a Business 171 170 155 89 50 158 78 157 New Zealand (1) (rank) Procedures (number) 9 9 8 7 4 15 5 10 Canada (1)* Time (days) 85 85 45 93 6 35 29 103 New Zealand (1) Cost (% of income per 109.7 128.3 17.9 7.6 16.4 19.1 6.2 4.5 Denmark (0.0)* capita) Paid-in Min. Capital (% 31.3 37.0 46.6 0.0 0.0 5.2 0.0 227.3 82 Economies (0.0)* of income per capita) Dealing with Hong Kong SAR, Construction Permits 149 150 71 80 113 102 14 114 China (1) (rank) Procedures (number) 21 21 13 23 22 30 8 19 Denmark (5) Time (days) 652 652 158 108 260 85 157 238 Singapore (26)* Cost (% of income per 40.6 47.9 105.3 52.4 7.1 110.5 9.5 25.0 Qatar (1.1) capita) Doing Business 2012 Cambodia 11 Best performer globally Timor-Leste DB2012 Philippines DB2012 Cambodia DB2012 Cambodia DB2011 Indonesia DB2012 Malaysia DB2012 Thailand DB2012 Lao PDR DB2012 Indicator DB2012 Getting Electricity (rank) 130 130 161 138 59 54 9 55 Iceland (1) Procedures (number) 4 4 7 5 6 5 4 3 Germany (3)* Time (days) 183 183 108 134 51 50 35 63 Germany (17) Cost (% of income per 3062.5 3581.5 1379.0 2381.6 95.5 762.0 77.6 1818.2 Japan (0.0) capita) Registering Property 110 111 99 72 59 117 28 183 New Zealand (3) (rank) no Procedures (number) 7 7 6 5 5 8 2 Portugal (1)* practice no Time (days) 56 56 22 98 48 39 2 Portugal (1) practice Cost (% of property no 4.3 4.3 10.8 1.1 3.3 4.8 6.3 Slovak Republic (0.0) value) practice Getting Credit (rank) 98 96 126 166 1 126 67 159 United Kingdom (1)* Strength of legal rights 8 8 3 4 10 4 5 2 New Zealand (10)* index (0-10) Depth of credit 0 0 4 0 6 3 5 3 Japan (6)* information index (0-6) Public registry coverage 0.0 0.0 31.8 0.0 49.4 0.0 0.0 1.8 Portugal (86.2) (% of adults) Private bureau coverage 0.0 0.0 0.0 0.0 83.4 8.2 41.7 0.0 New Zealand (100.0)* (% of adults) Protecting Investors 79 74 46 182 4 133 13 133 New Zealand (1) (rank) Doing Business 2012 Cambodia 12 Best performer globally Timor-Leste DB2012 Philippines DB2012 Cambodia DB2012 Cambodia DB2011 Indonesia DB2012 Malaysia DB2012 Thailand DB2012 Lao PDR DB2012 Indicator DB2012 Extent of disclosure 5 5 10 2 10 2 10 3 France (10)* index (0-10) Extent of director 9 9 5 1 9 2 7 4 Singapore (9)* liability index (0-10) Ease of shareholder suits 2 2 3 2 7 8 6 5 New Zealand (10)* index (0-10) Strength of investor 5.3 5.3 6.0 1.7 8.7 4.0 7.7 4.0 New Zealand (9.7) protection index (0-10) Paying Taxes (rank) 54 51 131 123 41 136 100 31 Canada (8) Payments (number per 39 39 51 34 13 47 23 6 Norway (4) year) Time (hours per year) 173 173 266 362 133 195 264 276 Luxembourg (59) Trading Across Borders 120 120 39 168 29 51 17 89 Singapore (1) (rank) Documents to export 9 9 4 9 6 7 5 6 France (2) (number) Hong Kong SAR, Time to export (days) 22 22 17 44 17 15 14 25 China (5)* Cost to export (US$ per 732 732 644 1880 450 630 625 1010 Malaysia (450) container) Documents to import 10 10 7 10 7 8 5 7 France (2) (number) Time to import (days) 26 26 27 46 14 14 13 26 Singapore (4) Cost to import (US$ per 872 872 660 2035 435 730 750 1015 Malaysia (435) container) Doing Business 2012 Cambodia 13 Best performer globally Timor-Leste DB2012 Philippines DB2012 Cambodia DB2012 Cambodia DB2011 Indonesia DB2012 Malaysia DB2012 Thailand DB2012 Lao PDR DB2012 Indicator DB2012 Enforcing Contracts 142 141 156 110 31 112 24 183 Luxembourg (1) (rank) Time (days) 401 401 570 443 425 842 479 1285 Singapore (150) Cost (% of claim) 103.4 103.4 122.7 31.6 27.5 26.0 12.3 163.2 Bhutan (0.1) Procedures (number) 44 44 40 42 29 37 36 51 Ireland (21)* Resolving Insolvency 149 150 146 183 47 163 51 183 Japan (1) (rank) no no Time (years) 6.0 6.0 5.5 1.5 5.7 2.7 Ireland (0.4) practice practice no no Cost (% of estate) 15 15 18 15 38 36 Singapore (1)* practice practice Recovery rate (cents on 12.6 12.6 13.8 0.0 44.6 4.7 43.3 0.0 Japan (92.7) the dollar) Note: The methodology for the paying taxes indicators changed in Doing Business 2012; see the data notes for details. For these indicators, the best performer globally is the economy that has implemented the most efficient practices in its tax system and is not necessarily the one with the highest ranking. For more information on “no practice� marks, see the data notes for details. * Two or more economies share the top ranking on this indicator. A number shown in place of an economy’s name indicates the number of economies that share the top ranking on the indicator. For a list of these economies, see the Doing Business website (http://www.doingbusiness.org). Source: Doing Business database. Doing Business 2012 Cambodia 14 STARTING A BUSINESS Formal registration of companies has many WHAT THE STARTING A BUSINESS immediate benefits for the companies and for business owners and employees. Legal entities can INDICATORS MEASURE outlive their founders. Resources are pooled as several shareholders join forces to start a company. Procedures to legally start and operate a Formally registered companies have access to company (number) services and institutions from courts to banks as Preregistration (for example, name well as to new markets. And their employees can verification or reservation, notarization) benefit from protections provided by the law. An additional benefit comes with limited liability Registration in the economy’s largest companies. These limit the financial liability of business city company owners to their investments, so personal Postregistration (for example, social security assets of the owners are not put at risk. Where registration, company seal) governments make registration easy, more entrepreneurs start businesses in the formal sector, Time required to complete each procedure creating more good jobs and generating more (calendar days) revenue for the government. Does not include time spent gathering What do the indicators cover? information Doing Business measures the ease of starting a Each procedure starts on a separate day business in an economy by recording all Procedure completed once final document is procedures that are officially required or commonly received done in practice by an entrepreneur to start up and formally operate an industrial or commercial No prior contact with officials business—as well as the time and cost required to Cost required to complete each procedure complete these procedures. It also records the (% of income per capita) paid-in minimum capital that companies must deposit before registration (or within 3 months). Official costs only, no bribes The ranking on the ease of starting a business is No professional fees unless services required the simple average of the percentile rankings on by law the 4 component indicators: procedures, time, cost and paid-in minimum capital requirement. Paid-in minimum capital (% of income per capita) To make the data comparable across economies, Doing Business uses several assumptions about the Deposited in a bank or with a notary before business and the procedures. It assumes that all registration (or within 3 months) information is readily available to the entrepreneur  Has a start-up capital of 10 times income per and that there has been no prior contact with capita. officials. It also assumes that all government and nongovernment entities involved in the process  Has a turnover of at least 100 times income per capita. function without corruption. And it assumes that the business:  Does not qualify for any special benefits.  Is a limited liability company, located in the  Does not own real estate. largest business city.  Is 100% domestically owned.  Conducts general commercial or industrial activities. Doing Business 2012 Cambodia 15 STARTING A BUSINESS Where does the economy stand today? What does it take to start a business in Cambodia? costs 109.7% of income per capita and requires paid-in According to data collected by Doing Business, starting minimum capital of 31.3% of income per capita (figure a business there requires 9 procedures, takes 85 days, 2.1). Figure 2.1 What it takes to start a business in Cambodia Paid-in minimum capital (% of income per capita): 31.3 Note: For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2012 Cambodia 16 STARTING A BUSINESS Globally, Cambodia stands at 171 in the ranking of 183 regional average ranking provide other useful economies on the ease of starting a business (figure information for assessing how easy it is for an 2.2). The rankings for comparator economies and the entrepreneur in Cambodia to start a business. Figure 2.2 How Cambodia and comparator economies rank on the ease of starting a business Source: Doing Business database. Doing Business 2012 Cambodia 17 STARTING A BUSINESS What are the changes over time? While the most recent Doing Business data reflect how process have changed—and which have not (table 2.1). easy (or difficult) it is to start a business in Cambodia That can help identify where the potential for today, data over time show which aspects of the improvement is greatest. Table 2.1 The ease of starting a business in Cambodia over time By Doing Business report year Indicator DB2004 DB2005 DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 Rank .. .. .. .. .. .. .. 170 171 Procedures (number) 11 11 10 10 10 9 9 9 9 Time (days) 94 94 86 86 86 85 85 85 85 Cost (% of income per 534.8 480.1 276.1 236.4 190.3 151.7 138.4 128.3 109.7 capita) Paid-in Min. Capital (% 438.9 394.0 80.7 66.2 50.8 43.9 36.6 37.0 31.3 of income per capita) Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings reflect changes to the methodology. Source: Doing Business database. Doing Business 2012 Cambodia 18 STARTING A BUSINESS Equally helpful may be the benchmarks provided by Cambodia on ways to improve the ease of starting a the economies that today have the best performance business. And changes in regional averages can show regionally or globally on the procedures, time, cost or where Cambodia is keeping up—and where it is falling paid-in minimum capital required to start a business behind. (figure 2.3). These economies may provide a model for Figure 2.3 Has starting a business become easier over time? Procedures (number) Time (days) Doing Business 2012 Cambodia 19 STARTING A BUSINESS Cost (% of income per capita) Paid-in minimum capital (% of income per capita) Note: The economy with the best performance regionally on each indicator, and the economy with the best performance globally, are included as benchmarks. In some cases 2 or more economies share the top regional or global ranking on an indicator. In the case of paid-in minimum capital, 82 economies globally and 14 economies in East Asia & Pacific have no paid-in minimum capital. Source: Doing Business database. Doing Business 2012 Cambodia 20 STARTING A BUSINESS Economies around the world have taken steps making greater firm satisfaction and savings and more it easier to start a business—streamlining procedures registered businesses, financial resources and job by setting up a one-stop shop, making procedures opportunities. simpler or faster by introducing technology and What business registration reforms has Doing Business reducing or eliminating minimum capital requirements. recorded in Cambodia (table 2.2)? Many have undertaken business registration reforms in stages—and they often are part of a larger regulatory reform program. Among the benefits have been Table 2.2 How has Cambodia made starting a business easier—or not? By Doing Business report year DB Year Reform DB2012 No reform. DB2011 No reform. DB2010 No reform. DB2009 No reform. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2012 Cambodia 21 STARTING A BUSINESS What are the details? Underlying the indicators shown in this chapter for STANDARDIZED COMPANY Cambodia is a set of specific procedures—the bureaucratic and legal steps that an entrepreneur must complete to incorporate and register a new City: Phnom Penh firm. These are identified by Doing Business through collaboration with relevant local Legal Form: Private Limited Liability Company professionals and the study of laws, regulations and Start-up capital: 10 times GNI per capita publicly available information on business entry in that economy. Following is a detailed summary of Paid-in minimum capital (% of income per those procedures, along with the associated time capita): 31.3 and cost. These procedures are those that apply to a company matching the standard assumptions (the ―standardized company‖) used by Doing Business in collecting the data (see the section in this chapter on what the indicators measure). Summary of procedures for starting a business in Cambodia—and the time and cost Time to No. Procedure Cost to complete complete Deposit the legally required initial capital in a bank and obtain deposit evidence. 1 Initial capital of KHR 4 million must be paid in before registration at any 1 day no charge authorized bank in Cambodia. The bank must provide a bank statement certifying the deposit. There is no time limit for the firm to pay the entire amount. Check the uniqueness of the company name 2 5 days USD 10 The uniqueness of the company name is usually researched at the Department of Business Registration of the Ministry of Commerce. Have an abstract of the company organization documents (bylaws, memorandum, and articles of association) published in a recognized public newspaper A director, a shareholder, or a proxy with mandate shall prepare an application for publication in a state-recognized newspaper, which includes the following: - Company name (and abbreviation, if any). 7 days USD 15 3 - Company form. - Summary of business objectives. - Company term. - Total capital in cash. - Director(s) full name, occupation, nationality, and address. - Location of company to be registered. The confirmed approval of the newspaper announcement and Doing Business 2012 Cambodia 22 Time to No. Procedure Cost to complete complete application document shall be kept on file (at least three copies) for registration. Incorporate the company with the Commercial Register, maintained at the Office of the Clerk of the Commercial Court The memorandum and articles of association shall be prepared based on the company form and consistent with applicable law, regulations, and the standards set for such documents by the Ministry of Commerce. These documents shall be submitted in triplicate with original copies, as required (one copy each filed at the Commercial Court, the company’s registered office, and the Ministry’s Legal Affairs Division). The memorandum and articles of association must include the following information: - Company name. - Corporate form. - Business objectives. - Company duration. - Registered office. - Stated capital in Khmer currency and shareholding. - Name, address, and nationality of shareholders and director. - Transfer and shares transfer. - Accounts. - Dissolution of company. - Change of company legal form. 4 - Announcement of company establishment. 25 days USD 105 The following documents must be presented to the Ministry’s Registrar in the specified quantity: - Registration forms for registration (model): three sets. - Copy of identity card or passport of each company member: three sets. - Photo (4‖ x 6‖) of each company member: three sets. - Reference letter from a particular bank, clarifying the minimum capital KHR 4,000,000: one original. - Articles of incorporation: three sets. - Application for newspaper announcement: three sets. - Declaration of nonguilt of directors: three sets. In 2006 the Ministry streamlined registration application requirements by eliminating the need for a statement of conformity and local government approvals. The Ministry publishes the company formation notice in the Official Gazette. During the transitional period in which the Kingdom has no Commercial Court, the organization and maintenance of the Commercial Register and the governance of the capacity to conduct commerce, as provided by law, is entrusted to the Ministry of Commerce. All commercial matters are under the jurisdiction of the ordinary courts and ministry officials. Doing Business 2012 Cambodia 23 Time to No. Procedure Cost to complete complete The time for commercial registration may vary. Make a company seal 5 1 day USD 15 The Ministry of Commerce issues a seal to the company together with the registration certificate. Have registration documents stamped and approved by Phnom Penh Tax Department Approved company registration documents from the Ministry of 3 days USD 49 6 Commerce must be stamped and approved by the Phnom Penh Tax Branch before going to the Real Regime Tax Office for VAT and patent registration. A copy of the lease agreement also must be provided to that branch. Register the company for VAT and patent at the Real Regime Tax Office 7 13 days USD 390 A tax registration form and related document must be completed with the assistance of the Real Regime Tax personnel, and copies of commercial registration documents must be provided. Notify the Ministry of Labor of the start of operations and hiring of employees All businesses must submit a written declaration to Ministry of Labor before their actual opening. All employers must submit a written declaration to the Ministry of Labor when hiring or dismissing an employee, within 15 days of the date of hiring or termination at the latest. In addition, each enterprise with at least eight employees must have established internal regulations that adapt such general provisions of the labor code as conditions of hiring and calculation and payment of wages and perquisites, including in-kind benefits, work hours, health and safety measures, and personal leave, including holidays. The internal regulations must be filed within 3 months of firm opening. All establishments must maintain a payroll ledger, a declaration of USD 250 (8-200 8 personnel, a book of establishment, and labor regulations (in Khmer 30 days employees) version). As required by law, local employees shall be provided with a ―labor book‖ upon completing a physical examination at the Labor Health Center (KHR 10,000 for each employee, which is usually covered by the employer). The procedure cost covers five processes (a) Announcing the opening of a new company and registering it with the Ministry of Labor; (b) declaring of staff (updated as necessary); (c) developing internal regulations; (d) obtaining the payroll ledger and book (record) of establishment; (e) electing staff delegates; (f) filing employment contracts; (g) obtaining employee handbooks and work permits for foreign employees; (h) registering with the National Social Security Fund ("NSSF"); (i) paying contributions for staff to the NSSF and obtaining occupational risk insurance cards. 9 * Receive inspection from Labor Inspector 1 day included in Included in Procedure Doing Business 2012 Cambodia 24 Time to No. Procedure Cost to complete complete procedure 8 8 * Takes place simultaneously with another procedure. Source: Doing Business database. Doing Business 2012 Cambodia 25 DEALING WITH CONSTRUCTION PERMITS Regulation of construction is critical to protect the WHAT THE DEALING WITH CONSTRUCTION public. But it needs to be efficient, to avoid PERMITS INDICATORS MEASURE excessive constraints on a sector that plays an important part in every economy. Where complying with building regulations is excessively costly in Procedures to legally build a warehouse time and money, many builders opt out. They may (number) pay bribes to pass inspections or simply build Submitting all relevant documents and illegally, leading to hazardous construction that obtaining all necessary clearances, licenses, puts public safety at risk. Where compliance is permits and certificates simple, straightforward and inexpensive, everyone Completing all required notifications and is better off. receiving all necessary inspections What do the indicators cover? Obtaining utility connections for water, Doing Business records the procedures, time and sewerage and a fixed telephone line cost for a business to obtain all the necessary Registering the warehouse after its approvals to build a simple commercial warehouse completion (if required for use as collateral or in the economy’s largest business city, connect it to for transfer of the warehouse) basic utilities and register the property so that it Time required to complete each procedure can be used as collateral or transferred to another (calendar days) entity. Does not include time spent gathering The ranking on the ease of dealing with information construction permits is the simple average of the Each procedure starts on a separate day percentile rankings on its component indicators: procedures, time and cost. Procedure completed once final document is received To make the data comparable across economies, Doing Business uses several assumptions about the No prior contact with officials business and the warehouse, including the utility Cost required to complete each procedure (% connections. of income per capita) The business: Official costs only, no bribes  Is a limited liability company operating in  Will be connected to water, sewerage the construction business and located in (sewage system, septic tank or their the largest business city. equivalent) and a fixed telephone line. The  Is domestically owned and operated. connection to each utility network will be 10 meters (32 feet, 10 inches) long.  Has 60 builders and other employees.  Will be used for general storage, such as of The warehouse: books or stationery (not for goods requiring  Is a new construction (there was no special conditions). previous construction on the land).  Will take 30 weeks to construct (excluding all  Has complete architectural and technical delays due to administrative and regulatory plans prepared by a licensed architect. requirements). Doing Business 2012 Cambodia 26 DEALING WITH CONSTRUCTION PERMITS Where does the economy stand today? What does it take to comply with the formalities to permits there requires 21 procedures, takes 652 days build a warehouse in Cambodia? According to data and costs 40.6% of income per capita (figure 3.1). collected by Doing Business, dealing with construction Figure 3.1 What it takes to comply with formalities to build a warehouse in Cambodia Note: For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2012 Cambodia 27 DEALING WITH CONSTRUCTION PERMITS Globally, Cambodia stands at 149 in the ranking of 183 other useful information for assessing how easy it is for economies on the ease of dealing with construction an entrepreneur in Cambodia to legally build a permits (figure 3.2). The rankings for comparator warehouse. economies and the regional average ranking provide Figure 3.2 How Cambodia and comparator economies rank on the ease of dealing with construction permits Source: Doing Business database. Doing Business 2012 Cambodia 28 DEALING WITH CONSTRUCTION PERMITS What are the changes over time? While the most recent Doing Business data reflect how of the process have changed—and which have not easy (or difficult) it is to deal with construction permits (table 3.1). That can help identify where the potential in Cambodia today, data over time show which aspects for improvement is greatest. Table 3.1 The ease of dealing with construction permits in Cambodia over time By Doing Business report year Indicator DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 Rank .. .. .. .. .. 150 149 Procedures (number) 21 21 21 21 21 21 21 Time (days) 697 632 632 632 632 652 652 Cost (% of income per 109.8 90.1 65.8 56.8 47.4 47.9 40.6 capita) Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings reflect changes to the methodology. For more information on “no practice� marks, see the data notes for details. Source: Doing Business database. Doing Business 2012 Cambodia 29 DEALING WITH CONSTRUCTION PERMITS Equally helpful may be the benchmarks provided by on ways to improve the ease of dealing with the economies that today have the best performance construction permits. And changes in regional regionally or globally on the procedures, time or cost averages can show where Cambodia is keeping up— required to deal with construction permits (figure 3.3). and where it is falling behind. These economies may provide a model for Cambodia Figure 3.3 Has dealing with construction permits become easier over time? Procedures (number) Time (days) Doing Business 2012 Cambodia 30 DEALING WITH CONSTRUCTION PERMITS Cost (% of income per capita) Note: The economy with the best performance regionally on each indicator, and the economy with the best performance globally, are included as benchmarks. In some cases 2 or more economies share the top regional or global ranking on an indicator. In cases where no data are displayed above for the economy, this indicates that the economy has received a “no practice� mark; see the data notes for details. Source: Doing Business database. Doing Business 2012 Cambodia 31 DEALING WITH CONSTRUCTION PERMITS Smart regulation ensures that standards are met while building safety while keeping compliance costs making compliance easy and accessible to all. reasonable, governments around the world have Coherent and transparent rules, efficient processes and worked on consolidating permitting requirements. adequate allocation of resources are especially What construction permitting reforms has Doing important in sectors where safety is at stake. Business recorded in Cambodia (table 3.2)? Construction is one of them. In an effort to ensure Table 3.2 How has Cambodia made dealing with construction permits easier—or not? By Doing Business report year DB Year Reform DB2012 No reform. DB2011 No reform. DB2010 No reform. DB2009 No reform. Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2012 Cambodia 32 DEALING WITH CONSTRUCTION PERMITS What are the details? The indicators reported here for Cambodia are BUILDING A WAREHOUSE based on a set of specific procedures—the steps that a company must complete to legally build a warehouse—identified by Doing Business through City : Phnom Penh information collected from experts in construction licensing, including architects, construction Estimated lawyers, construction firms, utility service providers KHR 200,000,000 Warehouse Value : and public officials who deal with building regulations. These procedures are those that apply The procedures, along with the associated time and to a company and structure matching the standard cost, are summarized below. assumptions used by Doing Business in collecting the data (see the section in this chapter on what the indicators cover). Summary of procedures for dealing with construction permits in Cambodia —and the time and cost Time to No. Procedure Cost to complete complete Pick up application form 1 1 day KHR 4,500 File documents with the Sangkat Office for review According to Subdecree No.86 (dated December 19, 1997), relating to the construction permit, the documents attached to the official letter application must contain at least the following (10 copies on 21 x 29.7 cm. paper): 1. Certificate to the estate or title certificate to the estate or the temporary occupation permit to the land. 2. Sheet of plot: this plan (title certificate to the land) shall be made by a private land surveyor or by the land office’s private agent. 3. Plan of warehouse location on the plot. This plan specifies the stationing of construction in the plot, the object of the application, by stating the following: the distance between one or more buildings and 2 boundaries of the plot and the distance of the neighboring existing 14 days no charge buildings; all arrangements of other sectors of the vacant land, with clarification on the type of land and existing crops and would-be car parks and fences; drainage pipes outside the building (substance, diameter, slope, height level, checking hole) up to the connection point of public network for draining sewage and for clean water, latrine, sink, and well; and stable point of the height of plot after the arrangement. 4. Plan of all warehouse floors (scale 1:100). 5. Plan of the underground parts and latrine sinks (scale 1:100). 6. Plan of front warehouse (scale 1:100). 7. Plan of divided parts (scale 1:100). This plan shows the same as the front face plan, with one part showing the hygienic latrine sink. 8. Table of the surface area for each floor. 9. Technical specifications for calculating the ground level surface. Doing Business 2012 Cambodia 33 Time to No. Procedure Cost to complete complete Upon receiving the construction permit, BuildCo must prepare a detailed plan of the construction integration. The Ministry of Public Works and Transportation will review this plan before the construction site is opened. Procedures 1 to 5 take 30 days. The time frame for completing the permit approval process has been shortened. Under the relevant subdecree on construction permits, the time frame is fixed to at least 45 days to complete any project broader than more than 3,000 square meters. There is no official fee; however, an informal fee must be paid to facilitate the application. Request and obtain certification from the Khan or District Governor According to the Decision No. 05 SSR dated February 6, 2006 from the 3 Ministry of Land Management Urban Planning and Construction, this 182 days no charge procedure must follow Procedure 2. The time frame should be 5 working days. The certification fee is not provided for by law. If informal fees are not paid, it generally takes between 4 months to a year to obtain the certification. File documents to the Khan Land Management, Urban Planning, and Construction Office for review, and obtain approval The following documents must be submitted within 6 days after Procedure 2 has been completed: - Plot plan. - Plan of the location of the warehouse on the plot. - Plan of all warehouse floors. This plan specifies the purpose of using the rooms and the area, sanitation installation, and areas for pipes placing. - Plan of the underground parts and the latrine sinks (scale, 1:100). - Plan of front building (scale 1:100): This plan specifies the front face plan, showing the height level of the following: each floor; land at the bottom of the building, by specifying the height level of natural land, 4 filled land, or removal land; the roof and limit of roof or height of 14 days no charge existing terrace and the wall barriers; existing flower's pole and substance for front face. - Plan of divided parts (scale, 1:100): This plan shows the same as the front face plan with one part showing the hygienic latrine sink. - Table of surface area for each floor. - Technical specifications for calculating the ground level surface. - Additional documents: the applicant may be requested to provide additional documents for reasons of hydrology, prevention against all types of annoyance, public order, and protection of patrimony or landscape. - Title certificate. - Application for construction permit (10 copies). There is no official fee; however, an informal fee must be paid. Request and obtain the approval (building permit) of the 365 days KHR 300,000 5 Municipality/Ministry of Land Management Urban Planning and Doing Business 2012 Cambodia 34 Time to No. Procedure Cost to complete complete Construction BuildCo must file the documents with the Sangkat/Commune first (to Khan/District), then with (a) the Municipality/ Province for plots under 3,000 sq. m. or (b) the Ministry of Land Management, Urban Planning and Construction for plots above 3,000 sq. m. However, BuildCo does not need to visit each government office if the builder hires an agent who handles the construction permit application to completion. Fee schedule for construction permit: - Surface of the construction on the land (SCL) less than or equal to 100 sq. m.: KHR 140,000. - Less than or equal to 200 sq. m.: KHR 160,000. - Less than or equal to 300 sq. M.: KHR 180,000. - Less than or equal to 400 sq. m.: KHR 200,000. - Less than or equal to 500 sq. m.: KHR 220,000. - Less than or equal to 1,000 sq. m.: KHR 260,000. - Less than or equal to 2,000 sq. m.: KHR 300,000. - Less than or equal to 3,000 sq. m.: KHR 340,000. Total building permit fee is about USD 6,000 to USD 7,000 (mainly a negotiable facilitation fee). Based on the Decision No. 5 SSR from the Ministry of Land Management Urban Planning and Construction after the examination by the Khan Land office, the documents will be forwarded to the Phnom Penh Municipal Department of Land Management Urban Planning and Construction and Cadastre (the "PP LO"). At the PP LO, the documents will be examined by relevant office such as the Cadastral Office, Technical and Geography Office, Construction Office, Land management office. After the approval of the PP LO, the documents will be forwarded to the Phnom Penh Municipality ( the "PPM") for last examination and issuance of Construction Permit to the applicant. The PPM shall have only 5 days to complete the review and issue the Construction Permit to the applicant. The construction permit is valid one year from the date of its issuance by the PPM and can be extended once for another year. The Sub Decree No. 86 on construction Permit, in its Article 9.10 stipulates that, after obtaining the Construction Permit, there shall be an iron structure plan which will be examined by the Ministry of Public work and Transport. However, this is not enforced in practice, but maybe arbitrarily used by some officials. Notify the Sangkat authority of obtainment of building permit Under Cambodian regulation, after receiving the building permit from 1 day no charge 6 the provincial or municipal authority, the company must notify the other relevant authorities. Construction work must start within a year from the date of issuance of the construction permit. Notify the Khan authority of obtainment of building permit 7 1 day no charge The Khan authority is notified about the building permit. Doing Business 2012 Cambodia 35 Time to No. Procedure Cost to complete complete Request official opening of the construction from the Phnom Penh Municipal Department of Land Management Urban Planning and Construction and Cadastre (the "PP LO") BuildCo must inform the authorities about the start of the construction 8 within 7 days. Then the authority will issue a declaration of 1 day no charge "construction site opening." In order to start the construction and as required by Sub Decree No. 86 on Construction Permit and the decision No. 05, the construction owner shall apply to the PP LO (not the Khan Land Office or the Sala Khan) for an approval to open the construction site. The PP LO will respond to the request within 6 days. Receive an inspection from technical official 9 1 day no charge The Technical Department sends an expert to inspect the construction site before the construction starts. Inform the building authority of the ploes setup and receive inspection The inspector may visit the site without notifying BuildCo. The 1 day no charge 10 inspection takes a few hours, depending on the construction size and complexity. After receiving notification from BuildCo, an inspector will visit the site within 2 or 3 days. It is not necessary to stop the construction work. Inform the building authority after foundation work and receive inspection 1 day no charge 11 Inform the building authority when columns are built and receive inspection 1 day no charge 12 Inform the building authority when walls are erected and receive inspection 1 day no charge 13 Inform the building authority when floors are built and receive inspection 1 day no charge 14 Inform the building authority of the end of main works 15 1 day no charge Receive final inspection by the building authorities and departments concerned that issue the certificate of compliance At the end of construction, the district or khan office and the construction permit office (urbanization and construction office) may 21 days no charge 16 check, simultaneously, that the erected building complies with the construction permit specifications. The municipal or provincial authority issues the certificate of compliance or could take legal action for noncompliance. Doing Business 2012 Cambodia 36 Time to No. Procedure Cost to complete complete Request and receive connection to water and sewage services BuildCo must fill out some application forms for water and sewage connection. BuildCo is not required to prepay government and service fees before, or at the time of, the connection. Instead, it must pay the following only after approval: the government fee (as listed below), the plumbing service fee (between KHR 200,000 [USD 50] and KHR 300,000 [USD 75] plus KHR 457,750 [USD 114.44]), and the water meter network length connection (plus KHR 92,800 [USD 23.2: water subscription cost]) = KHR 750,550). The water subscription fee for networks varies by water connection type (Point A and Point B) and are based on network length and water- meter size: 17 42 days KHR 750,550 Point A: Water subscription for new network is calculated as follows (for a network length of 15 mm): 1. 0 to 10 mm: KHR 457,750 (USD 114.44). 2. 11 mm to 20 mm: KHR 460,400 (USD 115.10). 3. 21 mm to 30 mm: KHR 665,200 (USD 166.30). 4. 31mm to 40 mm: KHR 772,250 (USD 193.06). 5. 41 mm up to 50 mm: KHR 878,500 (USD 219.62). Point B: Water subscription for available network with meter is calculated as follows (SN meter size water subscription fee): 1. 15 mm: KHR 92,800 (USD 23.2). 2. 20 mm: KHR 98,900 (USD 24.725). 3. 25 mm: KHR 106,900 (USD 26.725). 4. 30 mm: KHR 225,000 (USD 56.25). 5. 40 mm: KHR 271,000 (USD 67.75). * Request and receive connection to telephone To obtain a telephone connection, BuildCo submits an application and documentation. The telephone service provider does not conduct an 6 days KHR 240,000 18 on-site inspection before issuing the approval, but checks the cable system around the construction site. Payment must be made in full (for all services) after an agreement is reached between BuildCo and the service provider. Inform the building authorities of the utilities setup 19 1 day no charge Although it is not stipulated in the law, it happens in practice. Receive inspection by building authorities 20 1 day no charge The building authorities inspect the construction site for compliance with the approved plan. * Receive inspection by water authorities 21 1 day no charge In general, water and power supply companies must conduct on-site inspections to determine how to connect the construction to the Doing Business 2012 Cambodia 37 Time to No. Procedure Cost to complete complete network and to estimate the cost of this connection. In addition to providing water services, the utilities must ensure the connection is made according to the approved plan. * Takes place simultaneously with another procedure. Source: Doing Business database. Doing Business 2012 Cambodia 38 GETTING ELECTRICITY Access to reliable and affordable electricity is vital WHAT THE GETTING ELECTRICITY for businesses. To counter weak electricity supply, many firms in developing economies have to rely INDICATORS MEASURE on self-supply, often at a prohibitively high cost. Whether electricity is reliably available or not, the Procedures to obtain an electricity first step for a customer is always to gain access by connection (number) obtaining a connection. Submitting all relevant documents and What do the indicators cover? obtaining all necessary clearances and permits Doing Business records all procedures required for Completing all required notifications and a local business to obtain a permanent electricity receiving all necessary inspections connection and supply for a standardized warehouse, as well as the time and cost to Obtaining external installation works and complete them. These procedures include possibly purchasing material for these works applications and contracts with electricity utilities, Concluding any necessary supply contract and clearances from other agencies and the external obtaining final supply and final connection works. The ranking on the ease of getting electricity is the simple average of Time required to complete each procedure the percentile rankings on its component (calendar days) indicators: procedures, time and cost. To make the Is at least 1 calendar day data comparable across economies, several assumptions are used. Each procedure starts on a separate day The warehouse: Does not include time spent gathering information  Is located in the economy’s largest business city, in an area where other Reflects the time spent in practice, with little warehouses are located. follow-up and no prior contact with officials  Is not in a special economic zone where Cost required to complete each procedure the connection would be eligible for (% of income per capita) subsidization or faster service. Official costs only, no bribes  Has road access. The connection works Excludes value added tax involve the crossing of a road or roads but are carried out on public land.  Is 150 meters long.  Is a new construction being connected to  Is to either the low-voltage or the medium- electricity for the first time. voltage distribution network and either overhead  Has 2 stories, both above ground, with a or underground, whichever is more common in total surface of about 1,300.6 square the economy and in the area where the meters (14,000 square feet), and is built on warehouse is located. The length of any a plot of 929 square meters (10,000 square connection in the customer’s private domain is feet). negligible. The electricity connection:  Involves installing one electricity meter. The monthly electricity consumption will be 0.07  Is a 3-phase, 4-wire Y, 140-kilovolt-ampere gigawatt-hour (GWh). The internal electrical (kVA) (subscribed capacity) connection. wiring has been completed. Doing Business 2012 Cambodia 39 GETTING ELECTRICITY Where does the economy stand today? What does it take to obtain a new electricity procedures, takes 183 days and costs 3062.5% of connection in Cambodia? According to data collected income per capita (figure 4.1). by Doing Business, getting electricity there requires 4 Figure 4.1 What it takes to obtain an electricity connection in Cambodia Note: For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2012 Cambodia 40 GETTING ELECTRICITY Globally, Cambodia stands at 130 in the ranking of 183 regional average ranking provide another perspective economies on the ease of getting electricity (figure in assessing how easy it is for an entrepreneur in 4.2). The rankings for comparator economies and the Cambodia to connect a warehouse to electricity. Figure 4.2 How Cambodia and comparator economies rank on the ease of getting electricity Source: Doing Business database. Doing Business 2012 Cambodia 41 GETTING ELECTRICITY Even more helpful than rankings for other economies economies, the practices of their utilities may provide a may be the indicators underlying those rankings (table model for Cambodia on ways to improve the ease of 4.1). If obtaining a new electricity connection requires getting electricity. Regional and global averages on fewer procedures, less time or less cost in other these indicators may provide useful benchmarks. Table 4.1 The ease of getting electricity in Cambodia and comparator economies Pacific average Global average Timor-Leste East Asia & Philippines Cambodia Indonesia Malaysia Thailand Lao PDR Indicator Rank 130 161 138 59 54 9 55 75 .. Procedures (number) 4 7 5 6 5 4 3 5 5 Time (days) 183 108 134 51 50 35 63 88 111 Cost (% of income per capita) 3062.5 1379.0 2381.6 95.5 762.0 77.6 1818.2 1,079.4 1,942.3 Source: Doing Business database. Doing Business 2012 Cambodia 42 GETTING ELECTRICITY What are the details? The indicators reported here for Cambodia are based OBTAINING AN ELECTRICITY CONNECTION on a set of specific procedures—the steps that an entrepreneur must complete to get a warehouse connected to electricity by the local distribution City: Phnom Penh utility—identified by Doing Business. Data are collected from the distribution utility, then completed and Name of Utility: Electricité du Cambodge verified by electricity regulatory agencies and independent professionals such as electrical engineers, The procedures are those that apply to a warehouse electrical contractors and construction companies. The and electricity connection matching the standard electricity distribution utility surveyed is the one assumptions used by Doing Business in collecting the serving the area (or areas) in which warehouses are data (see the section in this chapter on what the located. If there is a choice of distribution utilities, the indicators cover). The procedures, along with the one serving the largest number of customers is associated time and cost, are summarized below. selected. Summary of procedures for getting electricity in Cambodia—and the time and cost Time to No. Procedure Cost to complete complete Submit an application for an electricity connection to Electricite Du Cambodge and await an estimate The application should be submitted in person to the Distribution Department of Electricite Du Cambodge. The application should include the following documents: a certificate of property title (a photocpy is 30 calendar days no charge 1 sufficient and there is no need for notarization) and a certificate of company registration. The client has to fill a form specifying the power needed and the list of equipment in the warehouse. There are noo official fees for the application. The time for this procedure includes an estimate for negotiation. * Electricite Du Cambodge inspects the site 2 The Distribution Department of EDC sends an inspector to check the site 1 calendar day no charge and the area. After the inspection the EDC will do the assessment and quotation of the prices. Await a clearance from EDC and sign a contract The consumer should obtain a clearance from the Distribution Department which has to assess whether EDC has enough capacity. The 75 calendar days no charge 3 clearance is issued by the Managing Director of the Distribution Department. Once the clearance is issued the applicant signs a contract and pays fees. Await completion of the external connection works, including a 4 meter installation and a final connection by EDC 78 calendar days KHR 97,706,206.0 Doing Business 2012 Cambodia 43 Time to No. Procedure Cost to complete complete An additional load of 140kVA can be accommodated via an overhead connection. Installation of a transformer for 160 kVA will be required. The external connection works are carrie out by EDC. The meter gets installed at the same time as when the connection is done. If there is a road crossing it takes EDC additional 2 weeks to obtain an excavation permit. The security deposit has to be paid and is returned upon the termination of the power consumption. There is no supervision / inspection of the internal wiring before the final connection. EDC is responsible only for the external connection. The customer's private electrical engineer is in charge of the internal wiring. There is no requirement that the electrician must be licensed, so they can practice without a license. However, EDC is de facto the licensor of electrical engineers because they provide training courses. Attendees of this training receive a certificate that EDC recognizes. There is no other agency that provides the courses. * Takes place simultaneously with another procedure. Source: Doing Business database. Doing Business 2012 Cambodia 44 REGISTERING PROPERTY Ensuring formal property rights is fundamental. WHAT THE REGISTERING PROPERTY Effective administration of land is part of that. If INDICATORS MEASURE formal property transfer is too costly or complicated, formal titles might go informal again. And where property is informal or poorly Procedures to legally transfer title on administered, it has little chance of being immovable property (number) accepted as collateral for loans—limiting access to Preregistration (for example, checking for liens, finance. notarizing sales agreement, paying property transfer taxes) What do the indicators cover? Registration in the economy’s largest business Doing Business records the full sequence of city procedures necessary for a business to purchase property from another business and transfer the Postregistration (for example, filing title with the municipality) property title to the buyer’s name. The transaction is considered complete when it is opposable to Time required to complete each procedure third parties and when the buyer can use the (calendar days) property, use it as collateral for a bank loan or Does not include time spent gathering resell it. The ranking on the ease of registering information property is the simple average of the percentile rankings on its component indicators: procedures, Each procedure starts on a separate day time and cost. Procedure completed once final document is received To make the data comparable across economies, several assumptions about the parties to the No prior contact with officials transaction, the property and the procedures are Cost required to complete each procedure used. (% of property value) The parties (buyer and seller): Official costs only, no bribes  Are limited liability companies, 100% No value added or capital gains taxes included domestically and privately owned.  Are located in the periurban area of the economy’s largest business city.  Has no mortgages attached and has been under the same ownership for the past 10  Have 50 employees each, all of whom are years. nationals.  Consists of 557.4 square meters (6,000 square  Perform general commercial activities. feet) of land and a 10-year-old, 2-story The property (fully owned by the seller): warehouse of 929 square meters (10,000  Has a value of 50 times income per capita. square feet). The warehouse is in good The sale price equals the value. condition and complies with all safety standards, building codes and legal  Is registered in the land registry or requirements. The property will be transferred cadastre, or both, and is free of title in its entirety. disputes.  Is located in a periurban commercial zone, and no rezoning is required. Doing Business 2012 Cambodia 45 REGISTERING PROPERTY Where does the economy stand today? What does it take to complete a property transfer in procedures, takes 56 days and costs 4.3% of the Cambodia? According to data collected by Doing property value (figure 5.1). Business, registering property there requires 7 Figure 5.1 What it takes to register property in Cambodia Note: For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2012 Cambodia 46 REGISTERING PROPERTY Globally, Cambodia stands at 110 in the ranking of 183 regional average ranking provide other useful economies on the ease of registering property (figure information for assessing how easy it is for an 5.2). The rankings for comparator economies and the entrepreneur in Cambodia to transfer property. Figure 5.2 How Cambodia and comparator economies rank on the ease of registering property Source: Doing Business database. Doing Business 2012 Cambodia 47 REGISTERING PROPERTY What are the changes over time? While the most recent Doing Business data reflect how process have changed—and which have not (table 5.1). easy (or difficult) it is to register property in Cambodia That can help identify where the potential for today, data over time show which aspects of the improvement is greatest. Table 5.1 The ease of registering property in Cambodia over time By Doing Business report year Indicator DB2005 DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 Rank .. .. .. .. .. .. 111 110 Procedures (number) 7 7 7 7 7 7 7 7 Time (days) 56 56 56 56 56 56 56 56 Cost (% of property value) 4.6 4.7 4.6 4.4 4.4 4.4 4.3 4.3 Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings reflect changes to the methodology. For more information on “no practice� marks, see the data notes for details. Source: Doing Business database. Doing Business 2012 Cambodia 48 REGISTERING PROPERTY Equally helpful may be the benchmarks provided by on ways to improve the ease of registering property. the economies that today have the best performance And changes in regional averages can show where regionally or globally on the procedures, time or cost Cambodia is keeping up—and where it is falling required to complete a property transfer (figure 5.3). behind. These economies may provide a model for Cambodia Figure 5.3 Has registering property become easier over time? Procedures (number) Time (days) Doing Business 2012 Cambodia 49 REGISTERING PROPERTY Cost (% of property value) Note: The economy with the best performance regionally on each indicator, and the economy with the best performance globally, are included as benchmarks. In some cases 2 or more economies share the top regional or global ranking on an indicator. In cases where no data are displayed above for the economy, this indicates that the economy has received a “no practice� mark; see the data notes for details. Source: Doing Business database. Doing Business 2012 Cambodia 50 REGISTERING PROPERTY Economies worldwide have been making it easier for have cut the time required substantially—enabling entrepreneurs to register and transfer property—such buyers to use or mortgage their property earlier. What as by computerizing land registries, introducing time property registration reforms has Doing Business limits for procedures and setting low fixed fees. Many recorded in Cambodia (table 5.2)? Table 5.2 How has Cambodia made registering property easier—or not? By Doing Business report year DB Year Reform DB2012 No reform. DB2011 No reform. DB2010 No reform. DB2009 No reform. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2012 Cambodia 51 REGISTERING PROPERTY What are the details? The indicators reported here are based on a set of STANDARD PROPERTY TRANSFER specific procedures—the steps that a buyer and seller must complete to transfer the property to the buyer’s name—identified by Doing Business City: Phnom Penh through information collected from local property Property Value: 159,522,338.5 lawyers, notaries and property registries. These procedures are those that apply to a transaction The procedures, along with the associated time and matching the standard assumptions used by Doing cost, are summarized below. Business in collecting the data (see the section in this chapter on what the indicators cover). Summary of procedures for registering property in Cambodia—and the time and cost Time to No. Procedure Cost to complete complete * The buyer verifies the title certificate with the Land Office, checking for potential liens or encumbrances The buyer should obtain a copy of the initial title certificate from the seller and verify proper ownership, ensuring that the seller is the rightful 7-30 days owner of the title certificate. He verifies the title certificate with the land (simultaneous with US$ 10 - 20 1 office to ensure that there are no liens, mortgages or other procedures 2 and 3) encumbrances registered for that property. Note: on cost: Official cost is 20,000 riels (US$5) but it is essentially impossible to obtain the Certificate without paying US$10 to US$20, and sometimes more in various locations. * Obtain information on the property from the Commune Council Official 10 days 2 (simultaneous with no cost The land purchaser may contact the village chief or the commune procedures 1 and 3) council official to obtain information on the land in addition to an official search at the municipal land office. * The buyer should obtain the certificate of incorporation of the seller’s company and other documents from the seller If the landowner is a legal entity, the buyer should obtain a copy of the ID of the shareholder or person acting on behalf of the company, and a certified/notarized copy of the certificate of issued by the Ministry of 10 days 3 Commerce. These documents are needed to verify the accuracy and (simultaneous with no cost identity of the company name appearing in the title certificate. A Power procedures 1 and 2) of Attorney is also needed, as well as a resolution signed by the Board of Directors authorizing a named individual to represent the company at the land office accompanied by the Power of Attorney implementing that Resolution. Doing Business 2012 Cambodia 52 Time to No. Procedure Cost to complete complete Apply for registration at the District Land Office of the Ministry of Land Management, Urban Planning & Construction (MLMUPC) When 2 persons/companies wish to buy/sell real property, together they should go to the district office of the Ministry of Land Management, KHR 350,000 or US$ Urban Planning & Construction (MLMUPC) and arrange to prepare and 90 (Cadastral sign documents. 1 day transfer fee) and 4 A cadastral transfer fee of about KHR 350,000 is paid to MLMUPC. KHR 5,000 or US$ 1.30 (stamp duty) The documentation shall include the company's statute, its Certificate of Incorporation, and Power of Attorney (obtained in Procedure 3). At the time, the original Title Certificate held by the seller must be presented to the Khan at the time of signing the deed in order to have the name of the new owner inserted on the document. Pay transfer tax at the Tax Collection Office A transfer tax of 4% of value of the property is paid to the Ministry of Economy and Finance at the Tax Collection Office of the location of the transferred property. A Tax Receipt is issued to prove that the tax has been paid. The 4% transfer tax is set out in Article 40 of the Law on Finance for the year 1995. In Phnom Penh, this tax is not assessed based on the true transacted value of the property but based on a schedule of price of 4% of property value 5 property determined by the Phnom Penh Municipality. 1 day (transfer fee) The assessed value is usually based on the total number of square meters, the land's location, use etc. The tax is not based on the actual price for which the land is sold; rather it is based on the assessed value. For the land of more than 1200m², the surplus is subject to unused land tax. For the land less than 1200m², the unused land tax is not applicable. The time for the tax office to complete the calculation of transfer tax will depend on the location of the land and its size. Return to Cadastral office to complete the registration process After taxes are paid the parties return to the cadastral office at the MLMUPC and sign/thumbprint a MLMUPC form for buying/selling real property that was filled in by MLMUPC official. The signing/thumb printing will be witnessed by a local authority such as commune chief Cadastral service 6 5 days who will also thumbprint. These procedures are based on Land Law Arts. paid in procedure 4 65, 244 and 245. Land Law Art. 69 bars transfer unless all necessary taxes are paid. The documentation shall include: Payment receipts of transfer tax (obtained in Procedure 5) Obtain the certificate of title from the Municipal Land Office The Khan/District land office forwards all the "transfer documents" to the Already paid in 7 At least 30 days Municipal Land Office where it issues the Certificate of Title in the new Procedure 5 owner's name and has it registered. The last procedural step in practice can take several weeks, depending Doing Business 2012 Cambodia 53 Time to No. Procedure Cost to complete complete on the diligence of the land officials and interested parties. * Takes place simultaneously with another procedure. Source: Doing Business database. Doing Business 2012 Cambodia 54 GETTING CREDIT Two types of frameworks can facilitate access to WHAT THE GETTING CREDIT INDICATORS credit and improve its allocation: credit information MEASURE systems and the legal rights of borrowers and lenders in collateral and bankruptcy laws. Credit information systems enable lenders to view a Strength of legal rights index (0–10) potential borrower’s financial history (positive or Protection of rights of borrowers and lenders negative)—valuable information to consider when through collateral laws assessing risk. And they permit borrowers to Protection of secured creditors’ rights through establish a good credit history that will allow easier bankruptcy laws access to credit. Sound collateral laws enable businesses to use their assets, especially movable Depth of credit information index (0–6) property, as security to generate capital—while Scope and accessibility of credit information strong creditors’ rights have been associated with distributed by public credit registries and higher ratios of private sector credit to GDP. private credit bureaus What do the indicators cover? Public credit registry coverage (% of adults) Doing Business assesses the sharing of credit Number of individuals and firms listed in information and the legal rights of borrowers and public credit registry as percentage of adult lenders with respect to secured transactions population through 2 sets of indicators. The depth of credit Private credit bureau coverage (% of adults) information index measures rules and practices Number of individuals and firms listed in affecting the coverage, scope and accessibility of largest private credit bureau as percentage of credit information available through a public credit adult population registry or a private credit bureau. The strength of legal rights index measures the degree to which collateral and bankruptcy laws protect the rights of borrowers and lenders and thus facilitate lending. Doing Business uses case scenarios to determine  Has 100 employees. the scope of the secured transactions system,  Is 100% domestically owned, as is the lender. involving a secured borrower and a secured lender and examining legal restrictions on the use of The ranking on the ease of getting credit is based on movable collateral. These scenarios assume that the the percentile rankings on its component indicators: borrower: the depth of credit information index (weighted at 37.5%) and the strength of legal rights index  Is a private, limited liability company. (weighted at 62.5%).  Has its headquarters and only base of operations in the largest business city. Doing Business 2012 Cambodia 55 GETTING CREDIT Where does the economy stand today? How well do the credit information system and Globally, Cambodia stands at 98 in the ranking of 183 collateral and bankruptcy laws in Cambodia facilitate economies on the ease of getting credit (figure 6.1). access to credit? The economy has a score of 0 on the The rankings for comparator economies and the depth of credit information index and a score of 8 on regional average ranking provide other useful the strength of legal rights index (see the summary of information for assessing how well regulations and scoring at the end of this chapter for details). Higher institutions in Cambodia support lending and scores indicate more credit information and stronger borrowing. legal rights for borrowers and lenders. Figure 6.1 How Cambodia and comparator economies rank on the ease of getting credit Source: Doing Business database. Doing Business 2012 Cambodia 56 GETTING CREDIT What are the changes over time? While the most recent Doing Business data reflect how institutions and regulations have been strengthened— well the credit information system and collateral and and where they have not (table 6.1). That can help bankruptcy laws in Cambodia support lending and identify where the potential for improvement is borrowing today, data over time can help show where greatest. Table 6.1 The ease of getting credit in Cambodia over time By Doing Business report year Indicator DB2005 DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 Rank .. .. .. .. .. .. 96 98 Strength of legal rights 0 0 0 0 8 8 8 8 index (0-10) Depth of credit 0 0 0 0 0 0 0 0 information index (0-6) Public registry coverage 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 (% of adults) Private bureau 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 coverage (% of adults) Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings reflect changes to the methodology. Source: Doing Business database. Doing Business 2012 Cambodia 57 GETTING CREDIT One way to put an economy’s getting credit indicators index for Cambodia in 2011 and shows the number of into context is to see where the economy stands in the other economies having the same score in 2011. distribution of scores across other economies. Figure Figure 6.3 shows the same thing for the depth of credit 6.2 highlights the score on the strength of legal rights information index. Figure 6.2 Have legal rights for borrowers and lenders Figure 6.3 Have the coverage and accessibility of credit become stronger? information grown? Number of economies with each score on strength of legal Number of economies with each score on depth of credit rights index (0–10), 2011 information index (0–6), 2011 Source: Doing Business database. Source: Doing Business database. Doing Business 2012 Cambodia 58 GETTING CREDIT When economies strengthen the legal rights of lenders credit information, they can increase entrepreneurs’ and borrowers under collateral and bankruptcy laws, access to credit. What credit reforms has Doing and increase the scope, coverage and accessibility of Business recorded in Cambodia (table 6.2)? Table 6.2 How has Cambodia made getting credit easier—or not? By Doing Business report year DB Year Reform Cambodia strengthened its credit information system DB2012 through a new regulation allowing credit bureaus to collect and distribute positive as well as negative credit information. DB2011 No reform. DB2010 No reform. A new secured transactions law made Cambodia the world’s top reformer in getting credit in 2007/08. The new law allows DB2009 movable property to be used as collateral. And an online unified collateral registry is now in operation. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2012 Cambodia 59 GETTING CREDIT What are the details? The getting credit indicators reported here for The data on the legal rights of borrowers and lenders Cambodia are based on detailed information collected are gathered through a survey of financial lawyers and in that economy. The data on credit information verified through analysis of laws and regulations as sharing are collected through a survey of a public well as public sources of information on collateral and credit registry or private credit bureau (if one exists). bankruptcy laws. For the strength of legal rights index, To construct the depth of credit information index, a a score of 1 is assigned for each of 8 aspects related to score of 1 is assigned for each of 6 features of the legal rights in collateral law and 2 aspects in public credit registry or private credit bureau (see bankruptcy law. summary of scoring below). Summary of scoring for the getting credit indicators in Cambodia East Asia & Indicator Cambodia OECD high income Pacific Strength of legal rights index (0-10) 8 7 7 Depth of credit information index (0-6) 0 2 5 Public registry coverage (% of adults) 0.0 10.3 9.5 Private bureau coverage (% of adults) 0.0 18.1 63.9 Strength of legal rights index (0–10) Index score: 8 Can any business use movable assets as collateral while keeping possession of the assets; Yes and any financial institution accept such assets as collateral ? Does the law allow businesses to grant a non possessory security right in a single category of Yes movable assets, without requiring a specific description of collateral? Does the law allow businesses to grant a non possessory security right in substantially all of Yes its assets, without requiring a specific description of collateral? May a security right extend to future or after-acquired assets, and may it extend Yes automatically to the products, proceeds or replacements of the original assets ? Is a general description of debts and obligations permitted in collateral agreements; can all types of debts and obligations be secured between parties; and can the collateral agreement Yes include a maximum amount for which the assets are encumbered? Is a collateral registry in operation, that is unified geographically and by asset type, with an Yes electronic database indexed by debtor's names? Are secured creditors paid first (i.e. before general tax claims and employee claims) when a Yes debtor defaults outside an insolvency procedure? Doing Business 2012 Cambodia 60 Strength of legal rights index (0–10) Index score: 8 Are secured creditors paid first (i.e. before general tax claims and employee claims) when a No business is liquidated? Are secured creditors either not subject to an automatic stay or moratorium on enforcement procedures when a debtor enters a court-supervised reorganization procedure, or the law Yes provides secured creditors with grounds for relief from an automatic stay or Does the law allow parties to agree in a collateral agreement that the lender may enforce its No security right out of court, at the time a security interest is created? Private credit Public credit Depth of credit information index (0–6) Index score: 0 bureau registry Are data on both firms and individuals distributed? No No 0 Are both positive and negative data distributed? No No 0 Does the registry distribute credit information from retailers, trade creditors or utility companies as well as No No 0 financial institutions? Are more than 2 years of historical credit information No No 0 distributed? Is data on all loans below 1% of income per capita No No 0 distributed? Is it guaranteed by law that borrowers can inspect No No 0 their data in the largest credit registry? Note: An economy receives a score of 1 if there is a "yes" to either private bureau or public registry. Coverage Private credit bureau Public credit registry Number of firms 0 0 Number of individuals 0 0 Source: Doing Business database. Doing Business 2012 Cambodia 61 PROTECTING INVESTORS Investor protections matter for the ability of WHAT THE PROTECTING INVESTORS companies to raise the capital they need to grow, INDICATORS MEASURE innovate, diversify and compete. If the laws do not provide such protections, investors may be reluctant to invest unless they become the controlling Extent of disclosure index (0–10) shareholders. Strong regulations clearly define Who can approve related-party transactions related-party transactions, promote clear and efficient Disclosure requirements in case of related- disclosure requirements, require shareholder party transactions participation in major decisions of the company and set clear standards of accountability for company Extent of director liability index (0–10) insiders. Ability of shareholders to hold interested What do the indicators cover? parties and members of the approving body liable in case of related-party transactions Doing Business measures the strength of minority Available legal remedies (damages, repayment shareholder protections against directors’ use of of profits, fines, imprisonment and rescission corporate assets for personal gain—or self-dealing. of the transaction) The indicators distinguish 3 dimensions of investor protections: transparency of related-party Ability of shareholders to sue directly or transactions (extent of disclosure index), liability for derivatively self-dealing (extent of director liability index) and Ease of shareholder suits index (0–10) shareholders’ ability to sue officers and directors for Access to internal corporate documents misconduct (ease of shareholder suits index). The (directly or through a government inspector) ranking on the strength of investor protection index is the simple average of the percentile rankings on Documents and information available during these 3 indices. To make the data comparable across trial economies, a case study uses several assumptions Strength of investor protection index (0–10) about the business and the transaction. Simple average of the extent of disclosure, The business (Buyer): extent of director liability and ease of shareholder suits indices  Is a publicly traded corporation listed on the economy’s most important stock exchange (or at least a large private company with multiple the company purchase used trucks from another shareholders). company he owns.  Has a board of directors and a chief executive  The price is higher than the going price for used officer (CEO) who may legally act on behalf of trucks, but the transaction goes forward. Buyer where permitted, even if this is not specifically required by law.  All required approvals are obtained, and all required disclosures made, though the transaction The transaction involves the following details: is prejudicial to Buyer.  Mr. James, a director and the majority  Shareholders sue the interested parties and the shareholder of the company, proposes that members of the board of directors. Doing Business 2012 Cambodia 62 PROTECTING INVESTORS Where does the economy stand today? How strong are investor protections in Cambodia? The index (figure 7.1). While the indicator does not economy has a score of 5.3 on the strength of investor measure all aspects related to the protection of protection index, with a higher score indicating minority investors, a higher ranking does indicate that stronger protections (see the summary of scoring at an economy’s regulations offer stronger investor the end of this chapter for details). protections against self-dealing in the areas measured. Globally, Cambodia stands at 79 in the ranking of 183 economies on the strength of investor protection Figure 7.1 How Cambodia and comparator economies rank on the strength of investor protection index Source: Doing Business database. Doing Business 2012 Cambodia 63 PROTECTING INVESTORS What are the changes over time? While the most recent Doing Business data reflect how the global ranking on the strength of investor well regulations in Cambodia protect minority protection index over time shows whether the investors today, data over time show whether the economy is slipping behind other economies in protections have been strengthened (table 7.1). And investor protections—or surpassing them. Table 7.1 The strength of investor protections in Cambodia over time By Doing Business report year Indicator DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 Rank .. .. .. .. .. 74 79 Extent of disclosure 5 5 5 5 5 5 5 index (0-10) Extent of director 9 9 9 9 9 9 9 liability index (0-10) Ease of shareholder 2 2 2 2 2 2 2 suits index (0-10) Strength of investor 5.3 5.3 5.3 5.3 5.3 5.3 5.3 protection index (0-10) Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings reflect changes to the methodology. Source: Doing Business database. Doing Business 2012 Cambodia 64 PROTECTING INVESTORS But the overall ranking on the strength of investor and ease of shareholder suits indices may also be protection index tells only part of the story. Economies revealing (figure 7.2). Equally interesting may be the may offer strong protections in some areas but not changes over time in the regional average scores for others. So the scores recorded over time for Cambodia those indices. on the extent of disclosure, extent of director liability Figure 7.2 Have investor protections become stronger? Strength of investor protection index (0-10) Extent of disclosure index (0-10) Doing Business 2012 Cambodia 65 PROTECTING INVESTORS Extent of director liability index (0-10) Ease of shareholder suits index (0-10) Note: The higher the score, the stronger the investor protections. The economy with the best performance regionally on each indicator, and the economy with the best performance globally, are included as benchmarks. In some cases 2 or more economies share the top regional or global ranking on an indicator. Source: Doing Business database. Doing Business 2012 Cambodia 66 PROTECTING INVESTORS Economies with the strongest protections of minority time. So reforms to strengthen investor protections investors from self-dealing require more disclosure may move ahead on different fronts—such as through and define clear duties for directors. They also have new or amended company laws or civil procedure well-functioning courts and up-to-date procedural rules. What investor protection reforms has Doing rules that give minority investors the means to prove Business recorded in Cambodia (table 7.2)? their case and obtain a judgment within a reasonable Table 7.2 How has Cambodia strengthened investor protections—or not? By Doing Business report year DB Year Reform DB2012 No reform. DB2011 No reform. DB2010 No reform. DB2009 No reform. Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2012 Cambodia 67 PROTECTING INVESTORS What are the details? The protecting investors indicators reported here for shareholder suits indices, a score is assigned for each Cambodia are based on detailed information collected of a range of conditions relating to disclosure, director through a survey of corporate and securities lawyers liability and shareholder suits in a standard case study and are based on securities regulations, company laws transaction (see the notes at the end of this chapter). and court rules of evidence. To construct the extent of The summary below shows the details underlying the disclosure, extent of director liability and ease of scores for Cambodia. Summary of scoring for the protecting investors indicators in Cambodia East Asia & Indicator Cambodia OECD high income Pacific Extent of disclosure index (0-10) 5 5 6 Extent of director liability index (0-10) 9 5 5 Ease of shareholder suits index (0-10) 2 6 7 Strength of investor protection index (0-10) 5.3 5.4 6.0 Score Extent of disclosure index (0-10) 5 What corporate body provides legally sufficient approval for the transaction? 1 Whether disclosure of the conflict of interest by Mr. James to the board of directors is 2 required? Whether immediate disclosure of the transaction to the public and/or shareholders is 0 required? Whether disclosure of the transaction in published periodic filings (annual reports) is 2 required? Whether an external body must review the terms of the transaction before it takes place? 0 Extent of director liability index (0-10) 9 Whether shareholders can sue directly or derivatively for the damage that the Buyer-Seller 1 transaction causes to the company? Whether shareholders can hold Mr. James liable for the damage that the Buyer-Seller 2 transaction causes to the company? Whether shareholders can hold members of the approving body liable for the damage that 2 the Buyer-Seller transaction causes to the company? Whether a court can void the transaction upon a successful claim by a shareholder plaintiff? 2 Doing Business 2012 Cambodia 68 Score Whether Mr. James pays damages for the harm caused to the company upon a successful 1 claim by the shareholder plaintiff? Whether Mr. James repays profits made from the transaction upon a successful claim by the 1 shareholder plaintiff? Whether fines and imprisonment can be applied against Mr. James? 0 Ease of shareholder suits index (0-10) 2 Whether shareholders owning 10% or less of Buyer's shares can inspect transaction 1 documents before filing suit? Whether shareholders owning 10% or less of Buyer's shares can request an inspector to 1 investigate the transaction? Whether the plaintiff can obtain any documents from the defendant and witnesses during 0 trial? Whether the plaintiff can request categories of documents from the defendant without 0 identifying specific ones? Whether the plaintiff can directly question the defendant and witnesses during trial? 0 Whether the level of proof required for civil suits is lower than that of criminal cases? 0 Strength of investor protection index (0-10) 5.3 Source: Doing Business database. Notes: Extent of disclosure index (0–10) Scoring for the extent of disclosure index is based on 5 components: Which corporate body can provide 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. Whether disclosure of the conflict of interest by Mr. James to the board of directors is required 0 = no disclosure; 1 = disclosure of the existence of a conflict without any specifics; 2 = full disclosure of all material facts. Whether immediate disclosure of the transaction to the public, the regulator or the shareholders is required 0 = no disclosure; 1 = disclosure on the transaction only; 2 = disclosure on the transaction and Mr. James’s conflict of interest. Whether disclosure of the transaction in the annual report is required 0 = no disclosure; 1 = disclosure on the transaction only; 2 = disclosure on the transaction and Mr. James’s conflict of interest. Doing Business 2012 Cambodia 69 Whether it is required that an external body (for example, an external auditor) review the transaction before it takes place 0 = no; 1 = yes. Extent of director liability index (0–10) Scoring for the extent of director liability index is based on 7 components: Whether shareholders can sue directly or derivatively for the damage that the Buyer-Seller transaction causes to the company 0 = suits are unavailable or available only for shareholders holding more than 10% of the company’s share capital; 1 = direct or derivative suits available for shareholders holding 10% of share capital or less. Whether shareholders can hold Mr. James liable for the damage that the transaction causes to the company 0 = Mr. James is not liable or is 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 is unfair or prejudicial to the other shareholders. Whether shareholders can hold the approving body (the CEO or members of the board of directors) liable for the damage that the transaction causes 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 or prejudicial to the other 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 = rescission is available when the transaction is oppressive or prejudicial to the other shareholders; 2 = rescission is available when the transaction is unfair or entails a conflict of interest. Whether Mr. James pays damages for the harm caused to the company upon a successful claim by the shareholder plaintiff 0 = no; 1 = yes. Whether Mr. James repays profits made from the transaction upon a successful claim by the shareholder plaintiff 0 = no; 1 = yes. Whether both fines and imprisonment can be applied against Mr. James 0 = no; 1 = yes. Ease of shareholder suits index (0–10) Scoring for the ease of shareholder suits index is based on 6 components: What range of documents is available to the plaintiff from the defendant and witnesses during trial Score of 1 for each of the following: information that the defendant has indicated he intends to rely on for his defense; information that directly proves specific facts in the plaintiff’s claim; any information relevant to the subject matter of the claim; and any information that may lead to the discovery of relevant information. Doing Business 2012 Cambodia 70 Whether the plaintiff can directly examine 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. Whether the plaintiff can obtain categories of relevant documents from the defendant without identifying each document specifically 0 = no; 1 = yes. Whether shareholders owning 10% or less of the company’s share capital can request that a government inspector investigate the transaction without filing suit in court 0 = no; 1 = yes. Whether shareholders owning 10% or less of the company’s share capital have the right to inspect the transaction documents before filing suit 0 = no; 1 = yes. Whether the standard of proof for civil suits is lower than that for a criminal case 0 = no; 1 = yes. Strength of investor protection index (0–10) Simple average of the extent of disclosure, extent of director liability and ease of shareholder suits indices. Doing Business 2012 Cambodia 71 PAYING TAXES Taxes are essential. They fund the public amenities, WHAT THE PAYING TAXES INDICATORS infrastructure and services that are crucial for a MEASURE properly functioning economy. But the level of tax rates needs to be carefully chosen—and needless complexity in tax rules avoided. According to Tax payments for a manufacturing company Doing Business data, in economies where it is more in 2010 (number per year adjusted for difficult and costly to pay taxes, larger shares of electronic or joint filing and payment) economic activity end up in the informal sector— Total number of taxes and contributions paid, where businesses pay no taxes at all. including consumption taxes (value added tax, sales tax or goods and service tax) What do the indicators cover? Method and frequency of filing and payment Using a case scenario, Doing Business measures the taxes and mandatory contributions that a Time required to comply with 3 major taxes medium-size company must pay in a given year as (hours per year) well as the administrative burden of paying taxes Collecting information and computing the tax and contributions. This case scenario uses a set of payable financial statements and assumptions about Completing tax return forms, filing with transactions made over the year. Information is proper agencies also compiled on the frequency of filing and payments as well as time taken to comply with tax Arranging payment or withholding laws. The ranking on the ease of paying taxes is Preparing separate tax accounting books, if the simple average of the percentile rankings on required its component indicators: number of annual Total tax rate (% of profit before all taxes) payments, time and total tax rate, with a threshold 2 being applied to the total tax rate. To make the Profit or corporate income tax data comparable across economies, several Social contributions and labor taxes paid by assumptions about the business and the taxes and the employer contributions are used. Property and property transfer taxes  TaxpayerCo is a medium-size business that Dividend, capital gains and financial started operations on January 1, 2009. transactions taxes  The business starts from the same financial Waste collection, vehicle, road and other taxes position in each economy. All the taxes and mandatory contributions paid during the second year of operation are recorded.  Taxes and mandatory contributions include  Taxes and mandatory contributions are corporate income tax, turnover tax and all measured at all levels of government. labor taxes and contributions paid by the company.  A range of standard deductions and exemptions are also recorded. 2 The threshold is defined as the highest total tax rate among the top 30% of economies in the ranking on the total tax rate. It will be calculated and adjusted on a yearly basis. The threshold is not based on any underlying theory. Instead, it is intended to mitigate the effect of very low tax rates on the ranking on the ease of paying taxes. Doing Business 2012 Cambodia 72 PAYING TAXES Where does the economy stand today? What is the administrative burden of complying with Globally, Cambodia stands at 54 in the ranking of 183 taxes in Cambodia—and how much do firms pay in economies on the ease of paying taxes (figure 8.1). The taxes? On average, firms make 39 tax payments a year, rankings for comparator economies and the regional spend 173 hours a year filing, preparing and paying average ranking provide other useful information for taxes and pay total taxes amounting to 18.9% of profit assessing the tax compliance burden for businesses in (see the summary at the end of this chapter for Cambodia. details). Figure 8.1 How Cambodia and comparator economies rank on the ease of paying taxes Note: DB2012 rankings reflect changes to the methodology. For all economies with a total tax rate below the threshold of 32.5% applied in DB2012, the total tax rate is set at 32.5% for the purpose of calculating the ranking on the ease of paying taxes. Source: Doing Business database. Doing Business 2012 Cambodia 73 PAYING TAXES What are the changes over time? While the most recent Doing Business data reflect how the process have changed — and which have not easy (or difficult) it is to comply with tax rules in (table 8.1). That can help identify where the potential Cambodia today, data over time show which aspects of for easing tax compliance is greatest. Table 8.1 The ease of paying taxes in Cambodia over time By Doing Business report year Indicator DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 Rank .. .. .. .. .. 51 54 Payments (number per 27 27 27 27 39 39 39 year) Time (hours per year) 137 137 137 137 173 173 173 Total tax rate (% profit) 22.6 22.6 22.6 22.6 22.7 22.5 22.5 Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings reflect changes to the methodology. For all economies with a total tax rate below the threshold of 32.5% applied in DB2012, the total tax rate is set at 32.5% for the purpose of calculating the rank on the ease of paying taxes. Source: Doing Business database. Doing Business 2012 Cambodia 74 PAYING TAXES Equally helpful may be the benchmarks provided by on ways to ease the administrative burden of tax the economies that today have the best performance compliance. And changes in regional averages can regionally or globally on the number of payments or show where Cambodia is keeping up—and where it is the time required to prepare and file taxes (figure 8.2). falling behind. These economies may provide a model for Cambodia Figure 8.2 Has paying taxes become easier over time? Payments (number per year) Time (hours per year) Doing Business 2012 Cambodia 75 PAYING TAXES Total tax rate (% of profit) Note: The economy with the best performance regionally on each indicator, and the economy with the best performance globally, are included as benchmarks. The best performer globally on an indicator has implemented the most efficient practices in its tax system but is not necessarily the one with the highest ranking on the indicator. In some cases 2 or more economies share the top regional ranking on an indicator. DB2012 rankings reflect changes to the methodology. For all economies with a total tax rate below the threshold of 32.5% applied in DB2012, the total tax rate is set at 32.5% for the purpose of calculating the ranking on the ease of paying taxes. Source: Doing Business database. Doing Business 2012 Cambodia 76 PAYING TAXES Economies around the world have made paying taxes concrete results. Some economies simplifying tax faster and easier for businesses—such as by payment and reducing rates have seen tax revenue consolidating filings, reducing the frequency of rise. What tax reforms has Doing Business recorded in payments or offering electronic filing and payment. Cambodia (table 8.2)? Many have lowered tax rates. Changes have brought Table 8.2 How has Cambodia made paying taxes easier—or not? By Doing Business report year DB Year Reform DB2012 No reform. DB2011 No reform. A social security contribution of 0.8 percent of the monthly DB2010 average wage was introduced, with a cap of KHR 1 million (about $250). DB2009 No reform. Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2012 Cambodia 77 PAYING TAXES What are the details? The indicators reported here for Cambodia are based that the company completed during the year. on a standard set of taxes and contributions that Respondents are asked how much in taxes and would be paid by the case study company used by mandatory contributions the business must pay and Doing Business in collecting the data (see the section in what the process is for doing so. The taxes and this chapter on what the indicators cover). Tax contributions paid are listed in the summary below, practitioners are asked to review standard financial along with the associated number of payments, time statements as well as a standard list of transactions and tax rate. Summary of tax rates and administrative burden in Cambodia East Asia & Indicator Cambodia OECD high income Pacific Payments (number per year) 39 25 13 Time (hours per year) 173 215 186 Profit tax (%) 18.9 16.8 15.4 Labor tax and contributions (%) 0.1 10.7 24.0 Other taxes (%) 3.5 6.9 3.2 Total tax rate (% profit) 22.5 34.5 42.7 Total tax Notes on Tax or mandatory Payments Notes on Time Statutory Tax base rate (% of total tax contribution (number) payments (hours) tax rate profit) rate 20% on profits or 1% on taxable Corporate income tax 12 23 18.9 turnover profits whichever is higher included in Fuel tax 1 0 the fuel 1.3 price fixed fee Patent tax 1 0 (KHR 1.3 1,140,000) fixed fee Transport tax 1 0 (KHR 0.9 774,206) Doing Business 2012 Cambodia 78 Total tax Notes on Tax or mandatory Payments Notes on Time Statutory Tax base rate (% of total tax contribution (number) payments (hours) tax rate profit) rate 0.8% of the monthly average wage (defined in the Law on Social security Social gross 12 84 0.1 contributions Security) of salaries the employee with a cap of KHR 1 million per month interest Tax on interest 0 0 4% 0.1 not included income Value added tax (VAT) 12 66 10% value added 0 not included Totals 39 173 22.5 Note: DB2012 rankings reflect changes to the methodology. For all economies with a total tax rate below the threshold of 32.5% applied in DB2012, the total tax rate is set at 32.5% for the purpose of calculating the ranking on the ease of paying taxes. Source: Doing Business database. Doing Business 2012 Cambodia 79 TRADING ACROSS BORDERS In today’s globalized world, making trade between WHAT THE TRADING ACROSS BORDERS economies easier is increasingly important for INDICATORS MEASURE business. Excessive document requirements, burdensome customs procedures, inefficient port operations and inadequate infrastructure all lead to Documents required to export and import extra costs and delays for exporters and importers, (number) stifling trade potential. Research shows that Bank documents exporters in developing countries gain more from Customs clearance documents a 10% drop in their trading costs than from a similar reduction in the tariffs applied to their Port and terminal handling documents products in global markets. Transport documents What do the indicators cover? Time required to export and import (days) Doing Business measures the time and cost Obtaining all the documents (excluding tariffs) associated with exporting and Inland transport and handling importing a standard shipment of goods by ocean transport, and the number of documents necessary Customs clearance and inspections to complete the transaction. The indicators cover Port and terminal handling procedural requirements such as documentation requirements and procedures at customs and other Does not include ocean transport time regulatory agencies as well as at the port. They also Cost required to export and import (US$ per cover trade logistics, including the time and cost of container) inland transport to the largest business city. The All documentation ranking on the ease of trading across borders is the simple average of the percentile rankings on its Inland transport and handling component indicators: documents, time and cost Customs clearance and inspections to export and import. Port and terminal handling To make the data comparable across economies, Official costs only, no bribes Doing Business uses several assumptions about the business and the traded goods. The business:  Is of medium size and employs 60 people.  Do not require refrigeration or any other  Is located in the periurban area of the special environment. economy’s largest business city.  Do not require any special phytosanitary or  Is a private, limited liability company, environmental safety standards other than domestically owned, formally registered accepted international standards. and operating under commercial laws and regulations of the economy.  Are one of the economy’s leading export or import products. The traded goods:  Are transported in a dry-cargo, 20-foot full  Are not hazardous nor do they include container load. military items. Doing Business 2012 Cambodia 80 TRADING ACROSS BORDERS Where does the economy stand today? What does it take to export or import in Cambodia? Globally, Cambodia stands at 120 in the ranking of 183 According to data collected by Doing Business, economies on the ease of trading across borders exporting a standard container of goods requires 9 (figure 9.1). The rankings for comparator economies documents, takes 22 days and costs $732. Importing and the regional average ranking provide other useful the same container of goods requires 10 documents, information for assessing how easy it is for a business takes 26 days and costs $872 (see the summary of in Cambodia to export and import goods. procedures and documents at the end of this chapter for details). Figure 9.1 How Cambodia and comparator economies rank on the ease of trading across borders Source: Doing Business database. Doing Business 2012 Cambodia 81 TRADING ACROSS BORDERS What are the changes over time? While the most recent Doing Business data reflect how process have changed—and which have not (table 9.1). easy (or difficult) it is to export or import in Cambodia That can help identify where the potential for today, data over time show which aspects of the improvement is greatest. Table 9.1 The ease of trading across borders in Cambodia over time By Doing Business report year Indicator DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 Rank .. .. .. .. .. 120 120 Documents to export 7 10 10 10 10 9 9 (number) Time to export (days) 43 37 37 22 22 22 22 Cost to export (US$ per 736 722 722 732 732 732 732 container) Documents to import 12 11 11 11 11 10 10 (number) Time to import (days) 54 45 45 29 29 26 26 Cost to import (US$ per 816 852 852 872 872 872 872 container) Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings reflect changes to the methodology. Source: Doing Business database. Equally helpful may be the benchmarks provided by ways to improve the ease of trading across borders. the economies that today have the best performance And changes in regional averages can show where regionally or globally on the documents, time or cost Cambodia is keeping up—and where it is falling required to export or import (figure 9.2). These behind. economies may provide a model for Cambodia on Doing Business 2012 Cambodia 82 TRADING ACROSS BORDERS Figure 9.2 Has trading across borders become easier over time? Documents to export (number) Time to export (days) Doing Business 2012 Cambodia 83 TRADING ACROSS BORDERS Cost to export (US$ per container) Documents to import (number) Doing Business 2012 Cambodia 84 TRADING ACROSS BORDERS Time to import (days) Cost to import (US$ per container) Note: The economy with the best performance regionally on each indicator, and the economy with the best performance globally, are included as benchmarks. In some cases 2 or more economies share the top regional or global ranking on an indicator. Source: Doing Business database. Doing Business 2012 Cambodia 85 TRADING ACROSS BORDERS In economies around the world, trading across borders systems. These changes help improve the trading as measured by Doing Business has become faster and environment and boost firms’ international easier over the years. Governments have introduced competitiveness. What trade reforms has Doing tools to facilitate trade—including single windows, Business recorded in Cambodia (table 9.2)? risk-based inspections and electronic data interchange Table 9.2 How has Cambodia made trading across borders easier—or not? By Doing Business report year DB Year Reform DB2012 No reform. Cambodia eliminated preshipment inspections, reducing the DB2011 time and number of documents required for importing and exporting. DB2010 No reform. DB2009 No reform. Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2012 Cambodia 86 TRADING ACROSS BORDERS What are the details? The indicators reported here for Cambodia are based freight forwarders, shipping lines, customs brokers, on a set of specific procedural requirements for port officials and banks. The procedural requirements, trading a standard shipment of goods by ocean and the associated time and cost, for exporting and transport (see the section in this chapter on what the importing a standard shipment of goods are listed in indicators cover). Information on the procedures as the summary below, along with the required well as the required documents and the time and cost documents. to complete each procedure is collected from local Summary of procedures and documents for trading across borders in Cambodia East Asia & Indicator Cambodia OECD high income Pacific Documents to export (number) 9 6 4 Time to export (days) 22 22 10 Cost to export (US$ per container) 732 906 1,032 Documents to import (number) 10 7 5 Time to import (days) 26 23 11 Cost to import (US$ per container) 872 954 1,085 Procedures to export Time (days) Cost (US$) Documents preparation 14 220 Customs clearance and technical control 3 262 Ports and terminal handling 3 100 Inland transportation and handling 2 150 Totals 22 732 Procedures to import Time (days) Cost (US$) Documents preparation 15 210 Customs clearance and technical control 3 265 Ports and terminal handling 5 217 Inland transportation and handling 3 180 Totals 26 872 Doing Business 2012 Cambodia 87 TRADING ACROSS BORDERS Documents to export Documents to import Bill of Lading Bill of lading Certificate of Origin Cargo release order Commercial Invoice Certificate of Origin Customs export declaration Commercial Invoice Export permit Customs import declaration Insurance certificate Insurance certificate Packing List Import permit Terminal handling receipts Packing list Inspection report (from Camcontrol) Tax certificate Terminal handling receipts Doing Business 2012 Cambodia 88 ENFORCING CONTRACTS Well-functioning courts help businesses expand WHAT THE ENFORCING CONTRACTS their network and markets. Without effective INDICATORS MEASURE contract enforcement, people might well do business only with family, friends and others with whom they have established relationships. Where Procedures to enforce a contract through contract enforcement is efficient, firms are more the courts (number) likely to engage with new borrowers or customers, Any interaction between the parties in a and they have greater access to credit. commercial dispute, or between them and the judge or court officer What do the indicators cover? Steps to file and serve the case Doing Business measures the efficiency of the judicial system in resolving a commercial dispute Steps for trial and judgment before local courts. Following the step-by-step Steps to enforce the judgment evolution of a standardized case study, it collects data relating to the time, cost and procedural Time required to complete procedures complexity of resolving a commercial lawsuit. The (calendar days) ranking on the ease of enforcing contracts is the Time to file and serve the case simple average of the percentile rankings on its Time for trial and obtaining judgment component indicators: procedures, time and cost. Time to enforce the judgment The dispute in the case study involves the breach of a sales contract between 2 domestic businesses. Cost required to complete procedures (% of The case study assumes that the court hears an claim) expert on the quality of the goods in dispute. This No bribes distinguishes the case from simple debt Average attorney fees enforcement. To make the data comparable across economies, Doing Business uses several Court costs, including expert fees assumptions about the case: Enforcement costs  The seller and buyer are located in the economy’s largest business city.  The buyer orders custom-made goods,  The dispute on the quality of the goods then fails to pay. requires an expert opinion.  The seller sues the buyer before a  The judge decides in favor of the seller; there competent court. is no appeal.  The value of the claim is 200% of income  The seller enforces the judgment through a per capita. public sale of the buyer’s movable assets.  The seller requests a pretrial attachment to secure the claim. Doing Business 2012 Cambodia 89 ENFORCING CONTRACTS Where does the economy stand today? How efficient is the process of resolving a commercial Globally, Cambodia stands at 142 in the ranking of 183 dispute through the courts in Cambodia? According to economies on the ease of enforcing contracts (figure data collected by Doing Business, enforcing a contract 10.1). The rankings for comparator economies and the requires 44 procedures, takes 401 days and costs regional average ranking provide other useful 103.4% of the value of the claim (see the summary at benchmarks for assessing the efficiency of contract the end of this chapter for details). enforcement in Cambodia. Figure 10.1 How Cambodia and comparator economies rank on the ease of enforcing contracts Source: Doing Business database. Doing Business 2012 Cambodia 90 ENFORCING CONTRACTS What are the changes over time? While the most recent Doing Business data reflect how over time help identify which areas have changed and easy (or difficult) it is to enforce a contract in where the potential for improvement is greatest (table Cambodia today, data on the underlying indicators 10.1). Table 10.1 The ease of enforcing contracts in Cambodia over time By Doing Business report year Indicator DB2004 DB2005 DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 Rank .. .. .. .. .. .. .. 141 142 Time (days) 401 401 401 401 401 401 401 401 401 Cost (% of claim) 102.7 102.7 102.7 102.7 102.7 103.4 103.4 103.4 103.4 Procedures (number) 44 44 44 44 44 44 44 44 44 Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings reflect changes to the methodology. Source: Doing Business database. Doing Business 2012 Cambodia 91 ENFORCING CONTRACTS Equally helpful may be the benchmarks provided by for Cambodia on ways to improve the efficiency of the economies that today have the best performance contract enforcement. And changes in regional regionally or globally on the number of steps, time or averages can show where Cambodia is keeping up— cost required to enforce a contract through the courts and where it is falling behind. (figure 10.2). These economies may provide a model Figure 10.2 Has enforcing contracts become easier over time? Procedures (number) Time (days) Doing Business 2012 Cambodia 92 ENFORCING CONTRACTS Cost (% of claim) Note: The economy with the best performance regionally on each indicator, and the economy with the best performance globally, are included as benchmarks. In some cases 2 or more economies share the top regional or global ranking on an indicator. Source: Doing Business database. Doing Business 2012 Cambodia 93 ENFORCING CONTRACTS Economies in all regions have improved contract often work on reducing backlogs by introducing enforcement in recent years. A judiciary can be periodic reviews to clear inactive cases from the docket improved in different ways. Higher-income economies and by making procedures faster. What reforms tend to look for ways to enhance efficiency by making it easier (or more difficult) to enforce contracts introducing new technology. Lower-income economies has Doing Business recorded in Cambodia (table 10.2)? Table 10.2 How has Cambodia made enforcing contracts easier—or not? By Doing Business report year DB Year Reform DB2012 No reform. DB2011 No reform. DB2010 No reform. DB2009 No reform. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2012 Cambodia 94 ENFORCING CONTRACTS What are the details? The indicators reported here for Cambodia are based regulations, as well as through surveys completed by on a set of specific procedural steps required to local litigation lawyers (and, in a quarter of the resolve a standardized commercial dispute through economies covered by Doing Business, by judges as the courts (see the section in this chapter on what the well). The procedures for resolving a commercial indicators cover). These procedures, and the time and lawsuit, and the associated time and cost, are listed in cost of completing them, are identified through study the summary below. of the codes of civil procedure and other court Summary of procedures for enforcing a contract in Cambodia—and the time and cost East Asia & Indicator Cambodia OECD high income Pacific Time (days) 401 518.71 518.03 Filing and service 63 Trial and judgment 168 Enforcement of judgment 170 Cost (% of claim) 103.4 47.79 19.71 Attorney cost (% of claim) 95.8 Court cost (% of claim) 1 Enforcement Cost (% of claim) 6.6 Procedures (number) 44 36.75 31.42 Source: Doing Business database. Doing Business 2012 Cambodia 95 RESOLVING INSOLVENCY A robust bankruptcy system functions as a filter, WHAT THE RESOLVING INSOLVENCY ensuring the survival of economically efficient companies and reallocating the resources of INDICATORS MEASURE inefficient ones. Fast and cheap insolvency proceedings result in the speedy return of Time required to recover debt (years) businesses to normal operation and increase Measured in calendar years returns to creditors. By improving the expectations of creditors and debtors about the outcome of Appeals and requests for extension are insolvency proceedings, well-functioning included insolvency systems can facilitate access to finance, Cost required to recover debt (% of debtor’s save more viable businesses and thereby improve estate) growth and sustainability in the economy overall. Measured as percentage of estate value What do the indicators cover? Court fees Doing Business studies the time, cost and outcome Fees of insolvency administrators of insolvency proceedings involving domestic entities. It does not measure insolvency Lawyers’ fees proceedings of individuals and financial Assessors’ and auctioneers’ fees institutions. The data are derived from survey Other related fees responses by local insolvency practitioners and verified through a study of laws and regulations as Recovery rate for creditors (cents on the well as public information on bankruptcy systems. dollar) The ranking on the ease of resolving insolvency is Measures the cents on the dollar recovered based on the recovery rate, which is recorded as by creditors cents on the dollar recouped by creditors through Present value of debt recovered reorganization, liquidation or debt enforcement (foreclosure) proceedings. The recovery rate is a Official costs of the insolvency proceedings are deducted function of time, cost and other factors, such as lending rate and the likelihood of the company Depreciation of furniture is taken into continuing to operate. account To make the data comparable across economies, Outcome for the business (survival or not) Doing Business uses several assumptions about the affects the maximum value that can be business and the case. It assumes that the recovered company:  Is a domestically owned, limited liability company operating a hotel.  Has 201 employees, 1 main secured creditor  Operates in the economy’s largest business and 50 unsecured creditors. city.  Has a higher value as a going concern—and the efficient outcome is either reorganization or sale as a going concern, not piecemeal liquidation. Doing Business 2012 Cambodia 96 RESOLVING INSOLVENCY Where does the economy stand today? Speed, low costs and continuation of viable businesses Globally, Cambodia stands at 149 in the ranking of 183 characterize the top-performing economies. How economies on the ease of resolving insolvency (figure efficient are insolvency proceedings in Cambodia? 11.1). The rankings for comparator economies and the According to data collected by Doing Business, regional average ranking provide other useful resolving insolvency takes 6.0 years on average and benchmarks for assessing the efficiency of insolvency costs 15% of the debtor’s estate. The average recovery proceedings in Cambodia. rate is 12.6 cents on the dollar. Figure 11.1 How Cambodia and comparator economies rank on the ease of resolving insolvency Source: Doing Business database. Doing Business 2012 Cambodia 97 RESOLVING INSOLVENCY What are the changes over time? While the most recent Doing Business data reflect the changed—and where it has not (table 11.1). That can efficiency of insolvency proceedings in Cambodia help identify where the potential for improvement is today, data over time show where the efficiency has greatest. Table 11.1 The ease of resolving insolvency in Cambodia over time By Doing Business report year Indicator DB2004 DB2005 DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 Rank .. .. .. .. .. .. .. 150 149 Time (years) 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 Cost (% of estate) 15 15 15 15 15 15 15 15 15 Recovery rate (cents on 12.0 12.2 10.9 11.3 12.2 12.2 12.2 12.6 12.6 the dollar) Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings reflect changes to the methodology. ―No practice‖ indicates that in each of the previous 5 years the economy had no cases involving a judicial reorganization, judicial liquidation or debt enforcement procedure (foreclosure). This means that creditors are unlikely to recover their money through a formal legal process (in or out of court). The recovery rate for ―no practice‖ economies is 0. Source: Doing Business database. Doing Business 2012 Cambodia 98 RESOLVING INSOLVENCY Equally helpful may be the benchmarks provided by on ways to improve the efficiency of insolvency the economies that today have the best performance proceedings. And changes in regional averages can regionally or globally on the time or cost of insolvency show where Cambodia is keeping up—and where it is proceedings or on the recovery rate (figure 11.2). falling behind. These economies may provide a model for Cambodia Figure 11.2 Has resolving insolvency become easier over time? Time (years) Cost (% of estate) Doing Business 2012 Cambodia 99 RESOLVING INSOLVENCY Recovery rate (cents on the dollar) Note: The economy with the best performance regionally on each indicator, and the economy with the best performance globally, are included as benchmarks. In some cases 2 or more economies share the top regional or global ranking on an indicator. In cases where no data are displayed above for the economy, this indicates that the economy has received a “no practice� mark; see the data notes for details. Source: Doing Business database. Doing Business 2012 Cambodia 100 RESOLVING INSOLVENCY A well-balanced bankruptcy system distinguishes change. Many recent reforms of bankruptcy laws have companies that are financially distressed but been aimed at helping more of the viable businesses economically viable from inefficient companies that survive. What insolvency reforms has Doing Business should be liquidated. But in some insolvency systems recorded in Cambodia (table 11.2)? even viable businesses are liquidated. This is starting to Table 11.2 How has Cambodia made resolving insolvency easier—or not? By Doing Business report year DB Year Reform DB2012 No reform. DB2011 No reform. DB2010 No reform. The 2007 Bankruptcy Law was adopted, its Cambodia's first ever regulating the bankruptcy of private enterprises. The DB2009 law introduces a reorganization procedure to restructure insolvent companies. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2012 Cambodia 101 DATA NOTES The indicators presented and analyzed in Doing Business measure business regulation and the ECONOMY CHARACTERISTICS protection of property rights—and their effect on businesses, especially small and medium-size domestic firms. First, the indicators document the complexity of Gross national income (GNI) per capita regulation, such as the number of procedures to start a business or to register and transfer commercial Doing Business 2012 reports 2010 income per capita property. Second, they gauge the time and cost of as published in the World Bank’s World Development achieving a regulatory goal or complying with Indicators 2011. Income is calculated using the Atlas method (current US$). For cost indicators expressed regulation, such as the time and cost to enforce a as a percentage of income per capita, 2010 GNI in contract, go through bankruptcy or trade across U.S. dollars is used as the denominator. Data were borders. Third, they measure the extent of legal not available from the World Bank for Afghanistan; protections of property, for example, the protections Australia; The Bahamas; Bahrain; Brunei Darussalam; of investors against looting by company directors or Canada; Cyprus; Djibouti; the Islamic Republic of the range of assets that can be used as collateral Iran; Kuwait; New Zealand; Oman; Puerto Rico according to secured transactions laws. Fourth, a set of (territory of the United States); Qatar; Saudi Arabia; indicators documents the tax burden on businesses. Suriname; Taiwan, China; the United Arab Emirates; Finally, a set of data covers different aspects of West Bank and Gaza; and the Republic of Yemen. In employment regulation. these cases GDP or GNP per capita data and growth rates from the International Monetary Fund’s World The data for all sets of indicators in Doing Business Economic Outlook database and the Economist 3 2012 are for June 2011. Intelligence Unit were used. Region and income group Methodology Doing Business uses the World Bank regional and income group classifications, available at The Doing Business data are collected in a http://www.worldbank.org/data/countryclass. The standardized way. To start, the Doing Business team, World Bank does not assign regional classifications with academic advisers, designs a questionnaire. The to high-income economies. For the purpose of the questionnaire uses a simple business case to ensure Doing Business report, high-income OECD comparability across economies and over time—with economies are assigned the ―regional‖ classification assumptions about the legal form of the business, its OECD high income. Figures and tables presenting size, its location and the nature of its operations. regional averages include economies from all Questionnaires are administered through more than income groups (low, lower middle, upper middle 9,028 local experts, including lawyers, business and high income). consultants, accountants, freight forwarders, Population government officials and other professionals routinely administering or advising on legal and regulatory Doing Business 2012 reports midyear 2010 population statistics as published in World requirements. These experts have several rounds of Development Indicators 2011. interaction with the Doing Business team, involving conference calls, written correspondence and visits by the team. For Doing Business 2012 team members The Doing Business methodology offers several visited 40 economies to verify data and recruit advantages. It is transparent, using factual information respondents. The data from questionnaires are about what laws and regulations say and allowing subjected to numerous rounds of verification, leading multiple interactions with local respondents to clarify to revisions or expansions of the information collected. potential misinterpretations of questions. Having representative samples of respondents is not an issue; 3 The data for paying taxes refer to January – December 2010. Doing Business 2012 Cambodia 102 Doing Business is not a statistical survey, and the texts entrepreneurs reported in the World Bank Enterprise of the relevant laws and regulations are collected and Surveys or other perception surveys. answers checked for accuracy. The methodology is inexpensive and easily replicable, so data can be collected in a large sample of economies. Because Subnational Doing Business indicators standard assumptions are used in the data collection, This year Doing Business published a subnational study comparisons and benchmarks are valid across for the Philippines and a regional report for Southeast economies. Finally, the data not only highlight the Europe covering 7 economies (Albania, Bosnia and extent of specific regulatory obstacles to business but Herzegovina, Kosovo, the former Yugoslav Republic of also identify their source and point to what might be Macedonia, Moldova, Montenegro and Serbia) and 22 reformed. cities. It also published a city profile for Juba, in the Information on the methodology for each Doing Republic of South Sudan. Business topic can be found on the Doing Business The subnational studies point to differences in website at http://www.doingbusiness.org/methodology/. business regulation and its implementation—as well as in the pace of regulatory reform—across cities in the same economy. For several economies subnational Limits to what is measured studies are now periodically updated to measure The Doing Business methodology has 5 limitations that change over time or to expand geographic coverage should be considered when interpreting the data. First, to additional cities. This year that is the case for the the collected data refer to businesses in the economy’s subnational studies in the Philippines; the regional largest business city and may not be representative of report in Southeast Europe; the ongoing studies in regulation in other parts of the economy. To address Italy, Kenya and the United Arab Emirates; and the this limitation, subnational Doing Business indicators projects implemented jointly with local think tanks in were created (see the section on subnational Doing Indonesia, Mexico and the Russian Federation. Business indicators). Second, the data often focus on a Besides the subnational Doing Business indicators, specific business form—generally a limited liability Doing Business conducted a pilot study this year on company (or its legal equivalent) of a specified size— the second largest city in 3 large economies to assess and may not be representative of the regulation on within-country variations. The study collected data for other businesses, for example, sole proprietorships. Rio de Janeiro in addition to São Paulo in Brazil, for Third, transactions described in a standardized case Beijing in addition to Shanghai in China and for St. scenario refer to a specific set of issues and may not Petersburg in addition to Moscow in Russia. represent the full set of issues a business encounters. Fourth, the measures of time involve an element of judgment by the expert respondents. When sources Changes in what is measured indicate different estimates, the time indicators reported in Doing Business represent the median The methodology for 3 of the Doing Business topics values of several responses given under the was updated this year—getting credit, dealing with assumptions of the standardized case. construction permits and paying taxes. Finally, the methodology assumes that a business has First, for getting credit, the scoring of one of the 10 full information on what is required and does not components of the strength of legal rights index was waste time when completing procedures. In practice, amended to recognize additional protections of completing a procedure may take longer if the secured creditors and borrowers. Previously the business lacks information or is unable to follow up highest score of 1 was assigned if secured creditors promptly. Alternatively, the business may choose to were not subject to an automatic stay or moratorium disregard some burdensome procedures. For both on enforcement procedures when a debtor entered a reasons the time delays reported in Doing Business court-supervised reorganization procedure. Now the 2012 would differ from the recollection of highest score of 1 is also assigned if the law provides secured creditors with grounds for relief from an Doing Business 2012 Cambodia 103 automatic stay or moratorium (for example, if the regulatory environment for local entrepreneurs in each movable property is in danger) or sets a time limit for economy has changed over time. the automatic stay. Ease of doing business Second, because the ease of doing business index now The ease of doing business index ranks economies includes the getting electricity indicators, procedures, from 1 to 183. For each economy the ranking is time and cost related to obtaining an electricity calculated as the simple average of the percentile connection were removed from the dealing with rankings on each of the 10 topics included in the index construction permits indicators. in Doing Business 2012: starting a business, dealing Third, a threshold has been introduced for the total tax with construction permits, registering property, getting rate for the purpose of calculating the ranking on the credit, protecting investors, paying taxes, trading ease of paying taxes. All economies with a total tax across borders, enforcing contracts, resolving rate below the threshold (which will be calculated and insolvency and, new this year, getting electricity. The adjusted on a yearly basis) will now receive the same employing workers indicators are not included in this ranking on the total tax rate indicator. The threshold is year’s aggregate ease of doing business ranking. In not based on any underlying theory. Instead, it is addition to this year’s ranking, Doing Business presents meant to emphasize the purpose of the indicator: to a comparable ranking for the previous year, adjusted highlight economies where the tax burden on business for any changes in methodology as well as additions of 4 is high relative to the tax burden in other economies. economies or topics. Giving the same ranking to all economies whose total Construction of the ease of doing business index tax rate is below the threshold avoids awarding economies in the scoring for having an unusually low Here is one example of how the ease of doing business total tax rate, often for reasons unrelated to index is constructed. In the Republic of Korea it takes 5 government policies toward enterprises. For example, procedures, 7 days and 14.6% of annual income per economies that are very small or that are rich in capita in fees to open a business. There is no minimum natural resources do not need to levy broad-based capital required. On these 4 indicators Korea ranks in th th rd taxes. the 18 , 14 , 53 and 0 percentiles. So on average st Korea ranks in the 21 percentile on the ease of th starting a business. It ranks in the 12 percentile on Data challenges and revisions th getting credit, 25 percentile on paying taxes, 8 th th percentile on enforcing contracts, 7 percentile on Most laws and regulations underlying the Doing resolving insolvency and so on. Higher rankings Business data are available on the Doing Business indicate simpler regulation and stronger protection of website at http://www.doingbusiness.org. All the property rights. The simple average of Korea’s sample questionnaires and the details underlying the st percentile rankings on all topics is 21 . When all indicators are also published on the website. Questions economies are ordered by their average percentile on the methodology and challenges to data can be rankings, Korea stands at 8 in the aggregate ranking submitted through the website’s ―Ask a Question‖ on the ease of doing business. function at http://www.doingbusiness.org. More complex aggregation methods—such as principal components and unobserved components— Ease of doing business and distance to frontier 4 In case of revisions to the methodology or corrections to the underlying data, the data are back-calculated to provide a This year’s report presents results for 2 aggregate comparable time series since the year the relevant economy or topic measures: the aggregate ranking on the ease of doing was first included in the data set. The time series is available on the business and a new measure, the ―distance to frontier.‖ Doing Business website (http://www.doingbusiness.org). The Doing While the ease of doing business ranking compares Business report publishes yearly rankings for the year of publication as well as the previous year to shed light on year-to-year economies with one another at a point in time, the developments. Six topics and more than 50 economies have been distance to frontier measure shows how much the added since the inception of the project. Earlier rankings on the ease of doing business are therefore not comparable. Doing Business 2012 Cambodia 104 yield a ranking nearly identical to the simple average Consider the example of Canada. It stands at 12 in the 5 used by Doing Business. Thus, Doing Business uses aggregate ranking on the ease of doing business. Its the simplest method: weighting all topics equally and, ranking is 3 on both starting a business and resolving within each topic, giving equal weight to each of the insolvency, and 5 on protecting investors. But its 6 topic components. ranking is only 59 on enforcing contracts, 42 on trading across borders and 156 on getting electricity. If an economy has no laws or regulations covering a specific area—for example, insolvency—it receives a Variation in performance across the indicator sets is ―no practice‖ mark. Similarly, an economy receives a not at all unusual. It reflects differences in the degree ―no practice‖ or ―not possible‖ mark if regulation exists of priority that government authorities give to but is never used in practice or if a competing particular areas of business regulation reform and the regulation prohibits such practice. Either way, a ―no ability of different government agencies to deliver practice‖ mark puts the economy at the bottom of the tangible results in their area of responsibility. ranking on the relevant indicator. Economies that improved the most across 3 or more The ease of doing business index is limited in scope. It Doing Business topics in 2010/11 does not account for an economy’s proximity to large Doing Business 2012 uses a simple method to calculate markets, the quality of its infrastructure services (other which economies improved the most in the ease of than services related to trading across borders and doing business. First, it selects the economies that in getting electricity), the strength of its financial system, 2010/11 implemented regulatory reforms making it the security of property from theft and looting, its easier to do business in 3 or more of the 10 topics macroeconomic conditions or the strength of 7 included in this year’s ease of doing business ranking. underlying institutions. Thirty economies meet this criterion: Armenia, Burkina Variability of economies’ rankings across topics Faso, Burundi, Cape Verde, the Central African Republic, Chile, Colombia, the Democratic Republic of Each indicator set measures a different aspect of the Congo, Côte d'Ivoire, The Gambia, Georgia, Korea, business regulatory environment. The rankings of an Latvia, Liberia, FYR Macedonia, Mexico, Moldova, economy can vary, sometimes significantly, across Montenegro, Morocco, Nicaragua, Oman, Peru, Russia, indicator sets. The average correlation coefficient São Tomé and Príncipe, Senegal, Sierra Leone, between the 10 indicator sets included in the Slovenia, the Solomon Islands, South Africa and aggregate ranking is 0.36, and the coefficients Ukraine. Second, Doing Business ranks these between any 2 sets of indicators range from 0.17 economies on the increase in their ranking on the ease (between protecting investors and getting electricity) of doing business from the previous year using to 0.57 (between starting a business and protecting comparable rankings. investors). These correlations suggest that economies rarely score universally well or universally badly on the Selecting the economies that implemented regulatory indicators. reforms in at least 3 topics and improved the most in the aggregate ranking is intended to highlight economies with ongoing, broad-based reform programs. 5 See Simeon Djankov, Darshini Manraj, Caralee McLiesh and Rita Ramalho, ―Doing Business Indicators: Why Aggregate, and How to Distance to frontier measure Do It‖ (World Bank, Washington, DC, 2005). Principal components This year’s report introduces a new measure to and unobserved components methods yield a ranking nearly identical to that from the simple average method because both illustrate how the regulatory environment for local these methods assign roughly equal weights to the topics, since the businesses in each economy has changed over time. pairwise correlations among indicators do not differ much. An The distance to frontier measure illustrates the alternative to the simple average method is to give different weights distance of an economy to the ―frontier‖ and shows to the topics, depending on which are considered of more or less importance in the context of a specific economy. 6 7 A technical note on the different aggregation and weighting Doing Business reforms making it more difficult to do business are methods is available on the Doing Business website subtracted from the total number of those making it easier to do (http://www.doingbusiness.org). business. Doing Business 2012 Cambodia 105 the extent to which the economy has closed this gap The difference between an economy’s distance to over time. The frontier is a score derived from the most frontier score in 2005 and its score in 2011 illustrates efficient practice or highest score achieved on each of the extent to which the economy has closed the gap to the component indicators in 9 Doing Business indicator the frontier over time. sets (excluding the employing workers and getting The maximum (max) and minimum (min) observed electricity indicators) by any economy since 2005. In values are computed for the 174 economies included starting a business, for example, New Zealand has in the Doing Business sample since 2005 and for all achieved the highest performance on the time (1 day), years (from 2005 to 2011). The year 2005 was chosen Canada and New Zealand on the number of as the baseline for the economy sample because it was procedures required (1), Denmark and Slovenia on the the first year in which data were available for the cost (0% of income per capita) and Australia on the majority of economies (a total of 174) and for all 9 paid-in minimum capital requirement (0% of income indicator sets included in the measure. To mitigate the per capita). effects of extreme outliers in the distributions of the Calculating the distance to frontier for each economy rescaled data (very few economies need 694 days to involves 2 main steps. First, individual indicator scores complete the procedures to start a business, but many th are normalized to a common unit. To do so, each of need 9 days), the maximum (max) is defined as the 95 the 32 component indicators y is rescaled to (y − percentile of the pooled data for all economies and all min)/(max − min), with the minimum value (min) years for each indicator. representing the frontier—the highest performance on Take Colombia, which has a score of 0.21 on the that indicator across all economies since 2005. Second, distance to frontier measure for 2011. This score for each economy the scores obtained for individual indicates that the economy is 21 percentage points indicators are aggregated through simple averaging away from the frontier constructed from the best into one distance to frontier score. An economy’s performances across all economies and all years. distance to the frontier is indicated on a scale from 0 Colombia was further from the frontier in 2005, with a to 100, where 0 represents the frontier and 100 the score of 0.43. The difference between the scores shows lowest performance. an improvement over time. Doing Business 2012 Cambodia 106 RESOURCES ON THE DOING BUSINESS WEBSITE Current features Doing Business reforms News on the Doing Business project Short summaries of DB2012 business regulation http://www.doingbusiness.org reforms, lists of reforms since DB2008 and a ranking simulation tool Rankings http://www.doingbusiness.org/reforms/ How economies rank—from 1 to 183 http://www.doingbusiness.org/rankings/ Historical data Customized data sets since DB2004 Reports http://www.doingbusiness.org/custom-query/ Access to Doing Business reports as well as subnational and regional reports, reform case Law library studies and customized economy and regional Online collection of business laws and profiles regulations relating to business and gender http://www.doingbusiness.org/reports/ issues http://www.doingbusiness.org/law-library/ Methodology http://wbl.worldbank.org/ The methodologies and research papers underlying Doing Business Contributors http://www.doingbusiness.org/methodology/ More than 9,000 specialists in 183 economies who participate in Doing Business Research http://www.doingbusiness.org/contributors/doing- Abstracts of papers on Doing Business topics business/ and related policy issues http://www.doingbusiness.org/research/ Doing Business 2012 Cambodia 107