the.world.is.flat-第87章
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workers； 3） enforce a contract； 4） get credit； and 5） close a business that goes
bankrupt or is failing。 To translate it into my own lexicon； those countries that
make all these things relatively simple and friction…free have undertaken reform
retail； and those that have not are stalled in reform wholesale and are not likely
to thrive in a flat world。 The IFC's criteria were inspired by the brilliant and
innovative work of Hernando de Soto； who has demonstrated in Peru and other developing
nations that if you change the regulatory and business environment for the poor； and
give them the tools to collaborate； they will do the rest。
Doing Business in 2004 tries to explain each of its points with a few colorful examples：
〃Teuku； an entreprenuer in Jakarta； wants to open a textile factory。 He has customers
lined up； imported machinery； and a promising business plan。 Teuku's first encounter
with the government is when registering his business。 He gets the standard forms from
the Ministry of Justice； and completes and notarizes them。 Teuku proves that he is
a local resident and does not have a criminal record。 He obtains a tax number； applies
for a business license； and deposits the minimum capital （three times national income
per capita） in the bank。 He then publishes the articles of association in the official
gazette； pays a stamp fee； registers at the Ministry of Justice； and waits 90 days
before filing for
social security。 One hundred sixty…eight days after he commences the process； Teuku
can legally start operations。 In the meantime； his customers have contracted with
another business。
〃In Panama； another entrepreneur； Ina； registers her construction company in only
19 days。 Business is booming and Ina wants to hire someone for a two…year appointment。
But the employment law only allows fixed…term appointments for specific tasks； and
even then requires a maximum term of one year。 At the same time； one of her current
workers often leaves early； with no excuse； and makes costly mistakes。 To replace
him； Ina needs to notify and get approval from the union； and pay five months'
severance pay。 Ina rejects the more qualified applicant she would like to hire and
keeps the underperforming worker on staff。
〃Ali； a trader in the United Arab Emirates； can hire and fire with ease。 But one of
his customers refuses to pay for equipment delivered three months earlier。 It takes
27 procedures and more than 550 days to resolve the payment dispute in court。 Almost
all procedures must be made in writing； and require extensive legal justification
and the use of lawyers。 After this experience； Ali decides to deal only with customers
he knows well。
〃Timnit； a young entrepreneur in Ethiopia； wants to expand her successful consulting
business
by taking a loan。 But she has no proof of good credit history because there are no
credit information registries。 Although her business has substantial assets in
accounts receivable； laws restrict her bank from using these as collateral。 The bank
knows it cannot recover the debt if Timnit defaults； because courts are inefficient
and laws give creditors few powers。 Credit is denied。 The business stays small。
〃Having registered； hired workers； enforced contracts； and obtained credit； Avik；
a businessman in India； cannot make a profit and goes out of business。 Faced with
a 10…year…long process of going through bankruptcy； Avik absconds； leaving his
workers； the bank； and the tax agency with nothing。〃
If you want to know why two decades of macroeconomic reform wholesale at the top have
not slowed the spread of poverty and produced enough new jobs in key countries of
Latin America； Africa； the Arab world； and the former Soviet Empire； it is because
there has been too little reform retail。 According to the IFC report； if you want
to create pro…
ductive jobs （the kind that lead to rising standards of living）； and if you want to
stimulate the growth of new businesses （the kind that innovate； compete； and create
wealth）； you need a regulatory environment that makes it easy to start a business；
easy to adjust a business to changing market circumstances and opportunities； and
easy to close a business that goes bankrupt； so that the capital can be freed up for
more productive uses。
〃It takes two days to start a business in Australia； but 203 days in Haiti and 215
days in the Democratic Republic of Congo；〃 the IFC study found。 〃There are no monetary
costs to start a new business in Denmark； but it costs more than five times income
per capita in Cambodia and over thirteen times in Sierra Leone。 Hong Kong； Singapore；
Thailand and more than three dozen other economies require no minimum capital from
start…ups。 In contrast； in Syria the capital requirement is equivalent to fifty…six
times income per capita 。 。 。 Businesses in the Czech Republic and Denmark can hire
workers on part…time or fixed…term contracts for any job； without specifying maximum
duration ofthe contract。 In contrast； employment laws in ElSalvador allow fixed…term
contracts only for specific jobs； and set their duration to be at most one year 。。。
A simple commercial contract is enforced in seven days in Tunisia and thirty…nine
days in the Netherlands； but takes almost 1；500 days in Guatemala。 The cost of
enforcement is less than 1 percent of the disputed amount in Austria； Canada and the
United Kingdom； but more than 100 percent in Burkina Faso； the Dominican Republic；
Indonesia 。 。。 and the Philippines。 Credit bureaus contain credit histories on almost
every adult in New Zealand； Norway and the United States。 But the credit registries
in Cameroon； Ghana； Pakistan； Nigeria and Serbia and Montenegro have credit histories
for less than 1 percent of adults。 In the United Kingdom； laws on collateral and
bankruptcy give creditors strong powers to recover their money if a debtor defaults。
In Colombia； the Republic of Congo； Mexico； Oman and Tunisia； a creditor has no such
rights。 It takes less than six months to go through bankruptcy proceedings in Ireland
and Japan； but more than ten years in Brazil and India。 It costs less than 1 percent
of the value of the estate to resolve insolvency in Finland； the Netherlands； Norway
and Singapore…and nearly half
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the estate value in Chad； Panama； Macedonia； Venezuela； Serbia and Montenegro； and
Sierra Leone。〃
As the IFC report notes； excessive regulation also tends to hurt most the very people
it is supposed to protect。 The rich and the well connected just buy or hustle their
way around onerous regulations。 In countries that have very regulated labor markets
where it is difficult to hire and fire people； women； especially； have a hard time
finding employment。
〃Good regulation does not mean zero regulation；〃 concludes the IFC study。 〃The optimal
level of regulation is not none； but may be less than what is currently found in most
countries； and especially poor ones。〃 It offers what I call a five…step checklist
for reform retail。 One； simplify and deregulate wherever possible in competitive
markets； because competition for consumers and workers can be the best source of
pressure for best practices； and overregulation just opens the door for corrupt
bureaucrats to demand bribes。 〃There is no reason for Angola to have one of the most
rigid employment laws if Portugal； whose laws Angola adapted； has already revised
them twice to make the labor market more flexible；〃 says the IFC study。 Two； focus
on enhancing property rights。 Under de Soto's initiative； the Peruvian government
in the last decade has issued property titles to 1。2 million urban squatter households。
〃Secure property rights have enabled parents to leave their homes and find jobs
instead of staying in to protect the property；〃 says the IFC study。 〃The main
beneficiaries are their children； who can now go to school。〃 Three； expand the use
of the Internet for regulation fulfillment。 It makes it faster； more transparent；
and far less open to bribery。 Four； reduce court involvement in business matters。
And last but certainly not least； advises the IFC study； 〃M
