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Discretion of “The Honorables”

Regulatory discretion is not something that is unheard in Nepal. The government of Nepal time and again has stepped in and has amended policies, although market disruptive, in its own discretion. These are the some examples-

  • Himalayan Java prices a bottle of water at Rs 130. They get prosecuted (fined Rs. 75,000) for charging high price, although no Act or policy stipulates measure for charging certain amount of fine in such cases.
  • After the crash of Air Kasthamandap’s single engine aircraft, without any further investigation, the government banned operations of single engine aircrafts across the country.
  • Government agencies confiscating Surya cigarettes, for not carrying health-warning message on 90 per cent of the packet, although the Act to Control and Monitor Tobacco stipulates that the warning sign should cover 75 per cent of the packet.
  • Futsal was banned without any notice or warning stating that it promoted drug use, distraction from studies, etc. Futsal was gaining popularity as more and more futsal courts with investments over Rs. 1 crore were being established.
  • In 2008, the government banned registration of private schools because it was growing like mushrooms. Although growing number of private schools are beneficial as it promoted standards and increased choices for students and parents.
  • In 2000, taxi registration was halted with the rationale that there were too many taxis plying on the road. But in reality, the passenger taxi ratio suggested that the number of taxi plying in Kathmandu was not enough.
  • DoTM gave a 15 – day ultimatum to register e-scooters, stating that e-scooty sellers were selling it with false information that no registration, driving license or helmet is necessary for using them. But in reality, there is no law or policy that stipulates that an electric scooter should be registered with DoTM, neither do e-scooter drivers need a driving license. The department has also stated that from now on, the roadworthiness of the scooters will be tested and would be allowed to use on fixed routes only.

These are the instances of regulatory discretion in my mind; I bet there are more than dozens of such cases. But it all boils down to this: the government is not working under any rule of law, but is forming policies in its discretion.

So what difference does it make if our benevolent government practices regulatory discretion? Well, as a consumer and an entrepreneur, it makes a lot of difference. For example, if I were a futsal entrepreneur, seeing that there were profit prospects in this market, I would take loan from a bank, and would establish a futsal court. If, on the day of inauguration of my business, the government bans futsal, how would I repay my loan?

Similarly, as for the consumers, futsal is a popular sport among people of all ages. It is a recreational activity that leads to good health. Well, had it been banned, all of those people would not have been able to exercise and maintain good health, specially in a city like Kathmandu where there aren’t much open spaces to exercise.

All in all, this sort of regulatory discretion does more harm than good. It is because of such unstable business environment the private sector has not been able to become the engine of growth. While politicians and bureaucrats tend to emphasize how private sector will be incentivized to boost our economy, their policies turn out to do the opposite thing. Lets just hope, these sort of regulatory discretion doesn’t happen in the future.

Abyaya Neopane

About Abyaya Neopane

Abyaya Neopane is an independent researcher. He comes from an Economics background.

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Why Nepal scores low in cross border trade

The way global economies operate today is— countries produce what they can at cheaper prices than other parts of the world, export them, and use the proceeds to import goods and services that other countries produce at cheaper prices. The world is now so significantly inter-connected that living a normal life and engaging in day-today economic activities is almost impossible without cross-border trade. What that implies to global economic actors is that the pace of this movement of goods and services across borders plays a substantial role not just in promoting economic growth but also in maintaining the economy. But trading across borders is where Nepal scores below par vis-à-vis a lot of other developing economies. Understanding some of the nuances of Nepal’s regulatory provisions relating to international trade and those of Nepal-India trade and transit provisions will thus shed light on some of the factors hindering Nepal’s economic growth, and there are some preposterous ones.

Begin introspectively

World Bank’s Doing Business Report 2016 shows that it takes processing of 10 documents and costs as much as 78 hours of time and USD 236 worth of monetary cost to import one container of goods into Nepal. Other land-locked countries get it done with just five documents, within 10 hours and around USD 150 worth of monetary cost. If trade through land is the only viable means of engaging in crossborder trade and we impose so much regulation on ourselves, when do we trade?

Going beyond borders

Once we move beyond Nepal’s borders and delve into Nepal-India transit provisions, we begin to see more reasons as to why Nepal has not been able to keep pace with other developing countries in terms of cross-border trade. Let’s look at, for example, the proposition by India (in 2013) to allow it to put a One Time Lock on Nepal-bound containers. It would mean that Nepali traders would have to pay an additional small sum (less than USD one) to get the lock, but in return, they would be able to release and transport their containers faster. The Ministry of Commerce and Supplies had agreed to the terms. But Nepal’s Ministry of Foreign Affairs took this proposal as a direct threat to Nepal’s sovereignty and stalled the process. The proposed changes in transit arrangements did not materialise. This sensitisation in the name of national sovereignty has deprived Nepal of other benefits that would otherwise accrue to the economy.

More than sovereignty at stake

One of these benefits that we never got to reap is the use of Vishakhapatnam port to transport Nepal-bound goods-in-transit. Currently, only the Kolkata port is in use, meaning, goods coming from all over the world enter Nepal via this port. Vishakhapatnam port would have given additional options to Nepal. Trading with the western world would be easier, cheaper and faster, if ports in western India could also be used by Nepali traders. India’s willingness to allow Nepal to use other ports is a manifestation of their own interest to ease trading across borders for Nepal. This case could be used to negotiate with India to allow Nepali traders to use other ports if it means trading gets easier, faster and cheaper. There are many privately-managed ports in India that are even more efficient than the Kolkata port. Presumably, these ports would not grace Nepali traders with the same benefits that the Kolkata port is allowing, but in return, Nepal would be able to take advantage of the competition among various ports. Like aforementioned, time is key. If goods can be transported faster, that means greater volume of trade and more economic activity.

Third country goods

Provisions worth discussing are aplenty. For instance, we cannot import third country goods from India. Now with India being liberalised, it may sometimes become faster and cheaper to import third country goods from India itself. Besides, our orders are sub-optimal in quantity. Yet, we go on insisting that we will not allow import of third country goods from India paying full duty. Similarly, getting multimodal bill of lading and allowing transhipment would mean that international shippers could bring goods up to the Nepal border. That would mean that the shippers would themselves bear the responsibility of transporting containers back to the port. Currently, Nepali traders have to bear this responsibility and failing to return the containers within two weeks renders them liable to pay demurrage. Transaction cost could be done away with using these provisions.

Back to the drawing board

Things are indeed easier said than done. However, given the role that trade plays in the economy today, it is absolutely imperative that Nepal gets serious about reviewing both the Nepal-India Transit provisions and the regulatory provisions we have put in place within our very borders for cross-border traders. At a time when the economic progress of an economic actor depends on how quickly one can identify demand in the market and respond, it should be unacceptable that Nepal cling to decades-old agreements with India and refuse any update in the name of false national integrity. Some reforms have already been agreed to in principle. Nepal should, at once, go back to the agreements made in the past at Nepal-India Inter-Governmental Committee meetings and expedite concurrence so that the agreed terms and conditions can be implemented. On other issues that have not been covered already, the more we shy away from reforms, the more we lose.

This article was originally published in The Himalayan Times on 14 February 2016.

Akash Shrestha

About Akash Shrestha

Akash Shrestha is Coordinator of the Research Department at Samriddhi, The Prosperity Foundation where his focus areas are petroleum trade and public enterprises. He also writes newspaper articles, blogs and radio capsules, based on the findings of the studies conducted by The Foundation.

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Micro and Small enterprises in Nepal could do lot better in a more economically free environment

Press Release

Kathmandu, Oct 20, 2014: Micro and Small enterprises in Nepal could do lot better in a more economically free environment, shows the findings of a study conducted by Samriddhi Foundation on Kirana Pasals (small retail stores selling groceries and fast moving consumer goods whose services are used by a vast majority of Nepali people) in Kathmandu Valley. Samriddhi Foundation shared a first of its kind report on how Economic Freedom translates into the day to day lives of micro and small entrepreneurs in Nepal, taking the example of Kirana Pasals. The study (which was conducted from April – September 2013) focused on identifying some key hurdles in the growth of these independent businesses run by entrepreneurial and hardworking people.

Part of the research, two hundred and sixty eight Kirana Pasal  owners were interviewed to capture valuable information, insight and stories on the impediments they face to grow their enterprises. The report reveals that regulatory environment pertaining to registration, taxation and standardisation are immediate areas of concern. The report also highlights the fact that laws and regulations that are applicable to KiranaPasal s are scattered across several acts, regulations and rules; and are enforced through several government agencies, which makes it difficult for these entities to be operating in a fully legal manner.

The report shows that taxes are also something which further suppresses the growth of Kirana Pasals, especially those that are registered. Thus the report highlights the need to reform the tax code by reducing tax rates and simplifying it to widen the tax bracket. This would help Kirana Pasals operate legally and consequently access finances and other resources to grow.

The report also recommends rethinking the current standards applicable to Kirana Pasals and fixing practical and acceptable standards in consultation with the Kirana Store owners and consumer groups. Access to finance was another issue of concern for Kirana Pasals wanting to grow. According to the report, capital available from micro finance institutions (which most Kirana Pasals use) are limited and often more expensive than loans from commercial banks and other financial institutions. Since most owners/manager of Kirana Pasals have limited capital and little formal education in business, documents like business plans, balance sheets, rental contract, letter of approval from municipality, tax documents, asset valuation, etc.  are hard to produce.

Finally, barriers to exit were also considered as barriers to growth as when entrepreneurs fail, they have to have an opportunity to wipe the slate clean and start again. This is almost not an option for retailers such as Kirana Pasal  owners in Nepal as exiting formally is extremely difficult. The report makes recommendations to address the aforementioned impediments to the growth of Kirana Pasals and the recommendations together help increase Economic Freedom in Nepal.

Download the full report here
Download the summary of the report here
Sarita Sapkota

About Sarita Sapkota

Ms. Sapkota is the Coordinator of Communication and Development at Samriddhi Foundation and was previously engaged with the Foundation as a Research Associate for more than three years. She is a graduate of political science and also contributes articles for Samriddhi's column at The Himalayan Times' Perspectives supplement.

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Why I won’t spend my remittance on you

nepali migrant workersPoliticians and opinion leaders, often vociferously comment over the utilization of remittance in consumption and the fact of it not being channeled to productive sectors. Claims are, the country is facing decline of manufacturing and competitiveness, rising wage rates, shortage of labourers in the domestic markets, increasing imports, higher disposable income and conspicuous consumption – in short, signs of Dutch Disease. Living Standards Survey adds, 78.9% of this remittance goes into consumption while capital formation amounts to only 2.9%. The Economic Survey of Nepal 2013/14 reads, “… its utilization in productive sector has been a major concern.”

If we look at the ground realities, on the other hand, it can be clearly understood why things have been going the way they are. And what is more, it is perfectly rational on the consumers’ side that they are consuming and not contributing to capital formation.

Here are some of the reasons why:

– Lots of Nepalese people still face problems like hunger and lack of access to education, health, drinking water, entertainment and more. Irrespective of the poverty rates (which has been brought down by a considerable measure, thanks to remittance), a large chunk of Nepalese populace still has poor standards of living in addition to lack of access to opportunities that can lift them out of their kind of lifestyle (if not for foreign-employment). Therefore, many youngsters acquire loans from friends, family and other networks and head for the foreign land in search of job opportunities. When one has to worry about the fulfillment of his basic needs and repayment of loans he has acquired just to be able to go abroad, it does not require knowledge of rocket science to tell that the person will spend on his basic necessities and loan repayment and not worry about macro-economic indicators of the country.

– The next major sector where the remittance money is spent is on health and education. Although these are not direct forms of capital accumulation, one cannot simply discount the fact that current investment in good education will create an educated future generation that can contribute to the country’s economic growth in the long run. An investment in education today holds the key to prosperity in the future.

– After health and education, what follows is, what is commonly known as “conspicuous consumption” – spending in buying luxury items, cars and land. Considering the fact that saving in banks gives a negative real return in saving (due to higher inflation as compared to the interest rates offered by the banks), it makes more sense to spend the money today and realize its full value than to save money and see its worth decline day by day. Given that the land and vehicle prices generally go up in our country, such spending offers prospect of better returns in future than the returns from saving in financial institutions.

Therefore, if we look at things from an individual’s or a family’s perspective, it is sensible that the remittance money is goes on basic consumption and not on capital accumulation. Individuals have the best knowledge of what their necessities are – better than any opinion leader or any planner – and they make rational choices based on their needs.

Thus, if one expects that remittance money should be channeled to productive sector, instead of making investment in buying a car or a house or even land in one of the cities of the country for that matter, relevant changes need to be made in the policy environment of Nepal. There are no alternative avenues to save at the moment. Doing business is difficult thing in Nepal. Doing Business Report 2014 (World Bank) puts Nepal in 105th position out of 189 countries. If this were easy, people would enterprise in Nepal itself which would create job opportunities for many, leading to mobilization of the youth, creating wealth and reducing the income and social inequalities in Nepal.

Another possible mechanism to channel this money could be that the government issue lucrative bonds (meaning positive real returns) for specific infrastructure projects like hydropower or roads. There have been initiatives of this sort in the past but these have failed utterly in the absence of right marketing and penetration ability. Nepal receives remittance that equals the fiscal budget of the nation. This shows that if there is prospect of return, people have money that could be channeled to capital accumulation. But the current case in Nepal is one of lack of sufficient homework in the part of the state.

Akash Shrestha

About Akash Shrestha

Akash Shrestha is Coordinator of the Research Department at Samriddhi, The Prosperity Foundation where his focus areas are petroleum trade and public enterprises. He also writes newspaper articles, blogs and radio capsules, based on the findings of the studies conducted by The Foundation.

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Doing Business in Nepal: Ins and Outs of the Company Registration Process in Nepal

In an attempt to increase the ease of doing business in Nepal, the Office of Company Registrar (OCR) made online company registration process mandatory in October 2013. Since then, Nepal has gone up three spots in the Doing Business Index (2014) ranking 105th among 189 global economies.

But does it mean that it is much easier to register a company now? Not Really! My research shows that although corruption and bureaucratic hassles were among the major reasons for the change to an online system, they still remain intact. People still have to go through all the old processes and additionally provide documentation online. Moreover, the decade long problem of people outside the valley, who have to come to Kathmandu to register their companies and incur expensive travel and lodging expenses still exist.

The process map reflects the long bureaucratic procedures and the paragraphs below explain some prominent problems.

©Samriddhi, The Prosperity Foundation

©Samriddhi, The Prosperity Foundation

Corruption remains unscathed

In theory: According to the OCR IT personnel, an email regarding approval of the proposed name of the company or reasons for denial is sent to the applicants within 15 days. Following the approval, producing originals of required documents, paying the registration fee and collecting a signature is enough to get a registration certificate.
In practice: Mostly, applications do not get forwarded for approval unless there is some kind of under-the-table settlement. While the registration process is stuck even after 15 days if bribes aren’t given, the whole process can be completed within 2-3 days with proper connections and handsome payoffs.
Causes

  • OCR officials attributed low government salaries as well as the willingness of the business community to bribe as factors fueling corruption in the company registrar’s office. They also mentioned that performance-based-incentive-systems have been proposed, however if and when the system will be approved is uncertain.
  •  A lawyer mentioned in an interview that even if there was a situation where under-the-table settlements wasn’t necessary to get the registration certificate in 15 days, he would still resort to bribing to remain competitive as other lawyers would be finishing the job in 2-3 days through unofficial settlements.
  • Some applicants try to avoid providing necessary documentation and use shortcuts (settle unofficially) to complete their processes.

With both parties willing, corruption has become a norm in the OCR.

Too early to change?

Some employees within OCR, lawyers, and business people (who have to go through the additional online process) have shown some resistance to the change.
Also, for people who are not acquainted with using a computer (esp. people living in remote areas), finding a service center is a problem. When they do find one, the monopoly provider charges exorbitant fees. FNCCI and CAN have opened up service centers in 11 districts and plan to expand to all 75 districts, but due to lack of awareness among people these service centers do not seem to be very popular.

Technical Problems:

Although generators are set up in the OCR for the long and frequent power outages, they do not always work thus halting the registration process during times of power cuts.
Similarly, people also miss deadlines when server crashes occur due to high volumes of online activity close to the deadline date. The system does not recognize certain Nepali characters and thus spelling the correct company names become a problem. There have also been multiple complaints of the user–friendliness aspect of the system and even tech-savvy people have found it difficult to navigate it. OCR is aware of this fact and they are working on making the system more user-friendly and approachable. The software has been evolving and feedback are welcome at support@ocr.gov.np or info@ocr.gov.np.

Going online has increased costs!

cost of company registration infographics

So does it mean going online is a bad idea?

Absolutely not! The problem is not in going online but in the inability to go fully online. With a fully automated process, people don’t have to spend time or money to travel to the offices and consider office hours to view their documents or submit their applications. Going online makes document access and company existence verification easier, which helps while applying for loans. Transparency is increased when people are able to see information about registration fee, fines and application status online.  Issuing PAN numbers directly not only make it easier for the applicants but also help increase tax nets.

The online system allows applicants to reserve a name until 35 days and this opens up opportunities for people to approach potential clients or investors with the guarantee that their business will have that name. Complete automation would also significantly help remove corruption in the OCR.

Ideal deal

The ideal situation would be complete automation of the company registration process and efficient service centers. Since that will take time, the online system could be made optional until all OCR staffs are well-trained and reliable service centers with reasonable prices are established all over the country. It is also important that people get all the post-online registration work done in one place and a real ‘one-window’ is established. Additionally, provisions should be made to make registration possible in each district for the time being.
Ensuring electricity supply during office hours and making the online system more user-friendly and error-free through a constant feedback system is important.  Also, 15 days is a very long time period just to verify the name of a company and that should be reduced. Moreover, the Government of Nepal and Nepal Rastriya Bank need to find agencies and come up with policies that will recognize digital signatures as well as make e-payment possible so that complete automation can be realized as soon as possible.

What do you recommend to make the company registration process better? Please leave a comment below.

Sneha Pradhan

About Sneha Pradhan

Sneha Pradhan is a Research Assistant at Samriddhi, The Prosperity Foundation. She graduated from Mount Holyoke College with a Special Major in Economics and Statistics, and a Minor in Complex Organizations.

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Doing Business in Nepal: A Case Study in Tourism

China and India are set to be among the three largest economies of the world by 2020, accounting for 27% of world GDP in PPP terms. And what’s more? They are travelling. All we have to do is become the coffee-shop between two huge corporate houses, whose staff likes to venture out of the routine jobs every once in a while. But is doing business in Nepal so easy, including the tourism industry? The World Bank’s Doing Business report positions Nepal at 105th in terms of ease of doing business.

Here we will look at a case – the ground realities of the process of acquisition of green number plate licenses that travel and tour operators require.

Ground realities

The number plates are issued after a two-tiered process. First of all the applicant tour operator applies at Tourism Industry Division (TID) under Ministry of Culture, Tourism and Civil Aviation for a permission to apply at Transport Management Office (TMO). Excessive corruption, red-tapism, redundancy, lack of accountability in part of the concerned agencies are commonalities in practice.

Process of acquiring green number plate

Process of acquiring green number plate. CLICK on the image to get a better view.

Lack of Accountability

To begin with, all government agencies are required to host Citizen’s Charters (Nagarik Badapatra) at their premises as a measure of accountability towards the citizens. The charters posted at the TMO premises are a decade old and do not reflect the true processes that are followed at present. Besides, economic ordinances can make annual changes in details like vehicle tax. These issues are not addressed in the citizen’s charters posted at TMO premises. Therefore, if an entrepreneur were to follow the guidelines as mentioned in those charters, he/she would be misled and would be rendered unable to acquire the desired services from TMO.

Redundancy
Most procedures required at TID are repeated again at TMO, only increasing the scope of discretionary powers held by bureaucrats at different sections of TID and TMO. This, complimented by lack of information sharing between these agencies can cause the files to be stuck at one section or the other. For example, while the Travel Section at TID verifies all clauses as included in its 26-point check-list before writing an application to the TMO requesting that a green number-plate license be issued to the applicant tour operator, the road-test procedure conducted by the Technical section at TMO requires the applicant to undergo the similar set of processes to produce the same information all over again.

Too much information (to gather and comprehend)
Interaction with personnel posted at different sections of TMO (who are paid to have that information and share it with the applicant) revealed that they were unsure about the complete procedure for the acquisition of green number plate licenses. A number of personnel shared that they have been transferred to TMO only three or four months back (as of May, 2014) and admit how they themselves do not fully understand the steps that need to be followed yet.

The aforementioned problems lead to one, corruption and two, lawyers taking unfair advantage of the entrepreneurs’ lack of access to information. Some tour operators also expressed how they have been asked to pay a sum exceeding Rs. 100,000 at TMO being told that their vehicles do not meet the technical specifications even after being cleared by the Travel Section at TID.

Possible reform measures
Now we see, the faster the tourism entrepreneurs can acquire licenses – to operate their businesses – the better for the economy. Easy access to information for entrepreneurs and accountability on government agencies’ side is the combo that is the need of the hour. Certain steps can be taken to deal with the aforementioned issues.

A client (tourism entrepreneur) focused manual that includes a list of required documents and processes involved in the process of acquisition of a green number plate license can be developed as a short-term measure. This manual needs to be available online and should be updated as per the change in economic ordinances, for example, the tax codes. This needs to be seconded by an updated citizen’s charter at TMO premises. The concerned agencies (TID and TMO in this case) need to develop a mechanism whereby they share relevant information among themselves such that redundancy and excessive red-tapism can be avoided. Training of personnel at TMO is required at the moment, as evinced by the interaction with the personnel themselves. A medium term focus can be coming up with a one window policy to hasten the process. This will require some homework to be done on the government’s side and will thus take some time. If implemented, however, this will also help cut off the complexities, redundancies and room for corruption.

Akash Shrestha

About Akash Shrestha

Akash Shrestha is Coordinator of the Research Department at Samriddhi, The Prosperity Foundation where his focus areas are petroleum trade and public enterprises. He also writes newspaper articles, blogs and radio capsules, based on the findings of the studies conducted by The Foundation.

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