2015年-世界发展银行全球_Doing_Business_Reform_Memorandum___Croatia_53页_808kb

Croatia Business Reform Memorandum Summary

Core Content

This document outlines the key challenges and reform recommendations for improving the business environment in Croatia, focusing on areas such as starting a business, dealing with construction permits, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, and enforcing contracts. The reforms are designed to enhance efficiency, transparency, and predictability in administrative and judicial processes, ultimately supporting private sector development and economic growth.

Main Challenges in the Business Environment

• Regulatory instability: New regulations are often poorly planned, with half of the laws passed in 2014 not planned. The Regulatory Impact Assessment (RIA) mechanism is not effectively implemented due to weak quality control and lack of high-level commitment.
• High administrative burden: Croatia's administrative burden is higher than most EU member states, especially in areas like time to export, cost of export, and irregular payments and bribes.
• Inefficient and slow judicial system: Trials in civil and commercial cases are long, with the High Commercial Court having a disposition time of 1234 days in 2014.
• Weak institutional quality: Croatia ranks 87th in institutional quality in the 2014-15 Global Competitiveness Report and 141st in the burden of government regulation.
• Low performance on international indices: Croatia scores poorly on the OECD Product Market Regulation Index due to high public ownership and government involvement in business operations.

Key Areas for Reform

1. Starting a Business

• Current Status: 7 procedures, 15 days, 3.5% of income per capita cost, 26.6% of income per capita paid-in minimum capital.
• Global Rank: 88th out of 189 economies.
• DTF Score: 85.43 (out of 100).
• Recommendations:
  • Short-term: Eliminate the requirement of obtaining a company seal, transfer decision-making powers on company registration to qualified court personnel, and publicize HITRO.HR services.
  • Medium-term: Implement e-signatures for individuals, make all registration processes fully electronic, eliminate paid-in minimum capital for Limited Liability Companies (DOO), and introduce a single business identifier for interactions with government agencies.

2. Dealing with Construction Permits

• Current Status: 21 procedures, 188 days, 10.9% of warehouse value cost.
• Global Rank: 178th out of 189 economies.
• DTF Score: 44.97.
• Recommendations:
  • Short-term: Conduct an information campaign on new legislation, integrate IT systems into the ISPU, introduce stricter deadlines for permit approvals, and eliminate the requirement to stamp cadastral plans.
  • Medium-term: Streamline construction-related approvals through an improved e-permitting system and enhance the ISPU to create a robust GIS system.

3. Registering Property

• Current Status: 5 procedures, 72 days, 5% of property value cost.
• Global Rank: 92nd out of 189 economies.
• DTF Score: 66.44.
• Recommendations:
  • Short-term: Complete data harmonization between Land Registry and Cadaster, roll out the Joint Information System, and eliminate the requirement for a special administrative duty stamp.
  • Medium-term: Consider institutional reform to remove land registration from county courts and merge functions into an administrative agency. Allow electronic Land Registry extracts to be considered as official documents.

4. Getting Credit

• Current Status: Legal Rights index 5, Credit Information index 6, 100% credit bureau coverage.
• Global Rank: 61st out of 189 economies.
• DTF Score: 55.00.
• Recommendations:
  • Short-term: Expand information sources to include retailers and utility companies.
  • Medium-term: Introduce credit scores, allow non-possessory security rights on movable assets, ensure secured creditors are prioritized, and create an integrated legal framework for secured transactions.

5. Protecting Minority Investors

• Current Status: Conflict of interest regulation index 5/10, shareholder governance index 6.5/10, minority investor protection index 5.8/10.
• Global Rank: 62nd out of 189 economies.
• DTF Score: 57.50.
• Recommendations:
  • Increase disclosure requirements for related-party transactions.
  • Require external auditor's reports before approving such transactions.
  • Hold directors liable for damages from related-party transactions.
  • Limit cross-shareholding to 10%.
  • Disclose board members' other directorships and employment.
  • Disclose managerial compensation individually.
  • Grant shareholders broader powers during trials.

6. Paying Taxes

• Current Status: 19 payments per year, 208 hours per year.
• Global Rank: 36th out of 189 economies.
• DTF Score: 82.92.
• Recommendations:
  • Continue tax outreach and education for SMEs.
  • Increase the use of electronic filing.

7. Trading Across Borders

• Current Status: 6 documents to export, 16 days, $1,335 per container; 7 documents to import, 14 days, $1,185 per container.
• Global Rank: 86th out of 189 economies.
• DTF Score: 74.25.
• Recommendations:
  • Short-term: Implement the Custom Agency's e-surveillance project.
  • Medium-term: Establish an electronic single-window system for all trade-related transactions.

8. Enforcing Contracts

• Current Status: 38 procedures, 572 days, 13.8% of claim cost.
• Global Rank: 54th out of 189 economies.
• DTF Score: 64.81.
• Recommendations:
  • Short-term: Assess court procedures for delays and promote Alternative Dispute Resolution (ADR).
  • Medium-term: Improve the e-courts system by introducing e-filing and electronic service of process.

9. Resolving Insolvency

• Current Status: 3.1 years, 14.5% of estate cost, 0 outcome (piecemeal sale), 30.5 cents on the dollar recovery rate.
• Global Rank: 56th out of 189 economies.
• DTF Score: 53.92.
• Recommendations:
  • Short-term: Introduce moratorium provisions, encourage post-commencement financing, introduce liability for managers, and prevent closely-related parties from voting on reorganization plans.
  • Medium-term: Improve institutional capacity for insolvency cases, establish a Chamber of Bankruptcy Managers, and increase awareness of reorganization proceedings.

Key Information and Context

• The reform memorandum is prepared at the request of the Agency for Investment and Competitiveness and aims to provide actionable recommendations for improving the business environment.
• The Doing Business indicators are used to identify key areas where regulatory changes can improve the ease of doing business.
• Consultation with the private sector is crucial for identifying the most impactful reforms.
• The World Bank Group offers assistance in implementing these reforms.
• While the Doing Business rankings are a useful tool, the emphasis should be on implementing key reforms to improve the investment climate, not just the ranking.
• There is no "one size fits all" approach to regulatory reform, as each country's context is unique.

Conclusion

The memorandum highlights the need for a coordinated and comprehensive reform strategy that addresses both immediate and long-term challenges in Croatia's business environment. These reforms should be supported by strong stakeholder engagement, monitoring, and communication to ensure successful implementation and acceptance by the private sector.