Prohibiting the issuance of business licenses under the pretext of market saturation; Prohibited
A business and entrepreneurship consultant believes that issuers of business licenses are not allowed to refuse to accept applications or issue business licenses due to market saturation, and that regulators should deal with the wrong organizations if they violate this regulation.
According to the International Iranian Stone Exhibition, the general policies of Article 44 of the Constitution were communicated by the Supreme Leader of the Revolution to the heads of the three forces and the chairman of the Assembly on June 1, 2005, after consulting the Expediency Council.
The law "Implementation of General Policies of Article 44 of the Constitution" with 92 articles and 90 notes was approved by the Islamic Consultative Assembly on February 29, 2007 and approved by the Expediency Council on June 16, 2008 (following a disagreement between the Assembly and the Guardian Council).
Article 7 of this law emphasizes the issue of facilitating the issuance of business licenses with the three principles of "elimination of unnecessary licenses", "facilitation of conditions for obtaining licenses" and "transparency of economic activities".
Note 2: Article 7 of this law provides for punishment for violators, but does not criminalize, ie it is not clear what kind of punishment will be applied for which violation.
The 10th Majles amended the composition of the Deregulation and Business Improvement Board on May 12, 2016.
Mohammad Anbari, Business and Entrepreneurship Advisor, investigated the failure to successfully implement Article 7 of the General Policy Implementation Law, Article 44 of the Constitution, in order to facilitate and expedite business and investment licenses in the country.
"The first step in starting a business is to get a license," he said. "The process for obtaining a business license varies from country to country, for example in East Asia (Malaysia and Singapore) on average." It takes between half and three days, but this process in Iran will take an average of 70 to 80 days.
There is no single procedure for issuing business licenses
Anbari continued: "The prolongation of this process in Iran is due to the fact that it is not clear to which bodies we should refer to obtain an activity license, what documents we should prepare, what costs we should bear and how long we should wait, because each Provinces behave differently according to the conditions, requirements and climate of their employees, so there is no single rule, procedure and procedure in this regard.
The business and entrepreneurship consultant added: "According to the amendment of Article 7 of the General Policy Implementation Law, Article 44, business licensing authorities are obliged to simplify the conditions of the process of issuing or renewing business licenses in such a way that the business license applicant Submitting documents in the business license information database can get the desired license in the shortest possible time, based on which the Ministry of Economy and Finance has designed the business license counter system www.G4B.ir.
He added: "This system has been activated, but due to the non-cooperation of various agencies with the Ministry of Economy and the team in charge of this work, it is still disorganized or incomplete."
Anbari stated: 12 years have passed since the enactment of this law (2008) and another 12 years will pass and we will not reach a specific result with the current decree. In every device you go to, there is an employee, manager or official who, when If you want to take his power tool and bring it into the system, he resists, for example, until yesterday the power tool was a signature of his manager, and when you want to take it today, he shows resistance.
The business and entrepreneurship consultant continued: "Golden signatures are the same signatures that allow you to drill water wells in your farm and do not allow your neighbor next door; These signatures are, at best, non-corrupt, an instrument of an organization's power. Imagine other situations yourself.
Emphasizing that solving this problem requires a determination outside the organization, he said: "The president himself should appoint a special representative that all ministries should listen to him and execute his sentence, that a team from the Ministry of Economy He may want to move the work forward with some desire, but this cycle will not be completed forever.
Anbari emphasized: where the will of the government prevails, when a person gives an order, a permit is no longer needed from tomorrow, the director general of a small city in the south of another province no longer has the right to say that he wants that permit.
This business and entrepreneurship consultant does not rule by law, and when a manager commits a violation, nothing happens to him, he said: "Accordingly, criminalization should be seen in the law, the same law states that if a license is uploaded into the license counter system." Yes, but the agency or agencies acted against it. That official should be punished, but he did not say what to do if that official or agency did not cooperate.
Asked what should be done at this stage, he said: "Should we wait for the parliament to amend this single article again or should we think of a measure in implementation that can be amended by the same law?"
Anbari stated that the change in the composition of the members of the deregulation board will not cause any problems in the process of issuing business licenses and said: nothing special is going to happen with the change in the composition of the board, but today in the Economic Commission of the Legislative Assembly. Antitrust is being investigated.
Referring to Note 2 of Article 7 of the General Policy Law, Article 44, the Business and Entrepreneurship Advisor stated: "Issuers of business licenses are not allowed to refuse to accept applications or business licenses due to market saturation. In the event of a violation of this decree, the regulatory bodies must deal with the wrong organizations.
