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SINGLE ARTICLE

Licensing Procedures in Developing Countries: Should They Be Part of the Set-up Process?

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Pages 1091-1108 | Published online: 21 Sep 2006
 

Abstract

Surveys have shown that, while many developing countries tend to integrate licensing requirements in the set-up process (“set-up licensing”), the more developed countries generally use licensing procedures independent of the set-up process (“independent licensing”). Set-up licensing may impose more compliance costs on entrepreneurs, more administrative costs on officials, and more welfare losses on consumers than independent licensing. In this article we explore the distinction to see whether the widespread preference for set-up licensing in developing countries can be justified on public interest grounds, or at least explained on private interest grounds.

Acknowledgments

This article forms part of on-going research conducted under the auspices of the Centre for Regulation and Competition (CRC), University of Manchester and financed by DFID. A draft of this article was presented at the CRC 3rd Annual Conference (2004), Cape Town, South Africa and we acknowledge the helpful comments of participants there.

Notes

10. The Pharmaceutical Administration Act of the People's Republic of China [in Chinese Pinyin ‘ZHONG HUA REN MIN GONG HE GUO YAOPI GUANLI FA’] (2001), article 7

12. The Registration Regulation of Business Scope of Enterprises (China) [in Chinese Pinyin ‘QI YE JING YING FAN WEI DENG JI GUAN LI GUI DING’] (2004), articles 8 and 15

13. Ogus and Zhang, 2005

15. Lord Jenkins. Report of the Company Law Committee, Cmnd. 1749; HMSO: London, 1962

19. Schneider, 2002

23. A telephone interview between Qing Zhang and an officer (who wishes to remain anonymous) in the State Industry and Commerce Administration, the People's Republic of China

25. If the registration procedure is not merely for the business subject to the SSL requirement (i.e. there exist some businesses not subject to SSL regimes), the losses from the compliance costs might not be so large, because the costs of the registration will be shared with the businesses not requiring licences

26. Ogus and Zhang, 2005

30. Enterprise Registration Bureau of National Industry and Commerce Administration of P. R. China. Collection of Laws and Regulations Concerning Prior Approvals for Enterprises' Registry (in Chinese Pinyin ‘QI YIE DENG JI GUAN LI QIAN ZHI SHEN PI SHI YONG FA GUI’); China Industry and Commerce Association Press: Beijing, 2000; 712

31. The Administrative Licensing Act of the People's Republic of China [in Chinese Pinyin ‘ZHONG HUA REN MIN GONG HE GUO XING ZHENG XU KE FA’] (2003), articles 14, 15 and 16

32. Qiao, X. Y. (ed.). A Commentary on the Administrative Licensing Act of the People's Republic of China [in Chinese Pinyin ‘ZHONG HUA REN MIN GONG HE GUO XING ZHENG XU KE FA SHI YI’]; China Price Press: Beijing, 2003; 88

33. Ogus and Zhang, 2005

34. Svorny, 2000

35. Ogus, 2004; 229

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