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Vanuatu Sessional Legislation |
Commencement: 01 August 1998
REPUBLIC OF VANUATU
BUSINESS LICENCE ACT
NO. 19 OF 1998
Arrangement of Sections
1. Interpretation
2. Business licences
3. Licensing authority
4. Application for licences
5. Issue of licence
6. Foreign investors' entitlement to business licence
7. Issue of business - business listed in section 13
8. Issue of business - business not listed in section 13
9. Renewal of business licences
10. Transfer of business licences
11. Reasons for decision
12. Appeal
13. Minister to approve or refuse applications in certain cases
14. Licence to be displayed
15. Licences lost or destroyed
16. Power of search
17. Confidentiality of information
18. Fees
19. General provisions
20. Revenue from fees
21. Abatement of fees
22. Reduction of fees
23. Penalties
24. Cancellation of licence
25. Rules
26. Repeals
27. Commencement
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REPUBLIC OF VANUATU
BUSINESS LICENCE ACT
NO. 19 OF 1998
Assent: 25/08/98
Commencement: 01/08/98
To provide for the licensing of businesses and for matters connected therewith.
INTERPRETATION
1. In this Act unless the context otherwise requires:
"approval certificate" means an approval certificate issued by the Vanuatu Foreign Investment Board;
"business" means any lawful form of trade, commerce, profession, craftsmanship, calling or other activity carried on for the purpose of gain, provided that a person shall not be deemed to carry on a business in respect of which is sole gain is by way of salary or wages;
"Director" means the director of the department of Government responsible for the administration of business licences;
"employee" means an individual who works under a contract of employment whether written or oral and any related expression shall be construed accordingly;
"Foreign Investment Board" means the Board established by the Foreign Investment Act 1998;
"foreign investor" has the same meaning as in the Foreign Investment Act 1998;
"investment proposal" has the same meaning as in the Foreign Investment Act 1998;
"Minister" means the Minister responsible for finance;
"negative list" means the list of activities in Schedule 1 of the Foreign Investment Act 1998;
"person" includes any company or association or body of persons corporate or unincorporated;
"premises" includes buildings, ships, vehicles or other places where a business is carried on, together with any place which constitutes a necessary annex to the principal place of business;
"proprietor" means the owner of a business or any natural person or corporation carrying on a business within Vanuatu or his or its own account, in association with others or on behalf of a person outside Vanuatu;
"reserved occupation" means an occupation declared under section 9 of the Labour (Work Permits) Act to be a reserved occupation.
BUSINESS LICENCES
Penalty: fine not exceeding VT500,000 or imprisonment not exceeding 1 year or both.
(3) Where a person is charged under this section with carrying on any business without a licence, the burden of proving that a licence was issued to him in respect of the current year shall be on that person.
LICENSING AUTHORITY
(2) The Director may in writing delegate his or her functions to his or her subordinate, except his power of delegation.
(3) The instrument of delegation must state:
- (a) the functions delegated; and
- (b) the period of the delegation.
(4) The following provisions apply to a delegation by the Director:
- (a) the delegation may be made to a person by name or to the person holding, or performing the duties of, a specified office or position;
- (b) the delegation may be made generally or limited as specified in the instrument of delegation;
- (c) a function or power delegated, when performed by the delegate, is taken to have been performed by the Director;
- (d) the delegation of a function does not prevent the Director from performing the function;
- (e) if the functions delegated requires the forming of an opinion by the Director, the function may be performed by the delegate on the delegate's opinion.
APPLICATION FOR LICENCES
Penalty: a fine not exceeding VT100,000 or imprisonment not exceeding three (3) months or both.
ISSUE OF LICENCE
FOREIGN INVESTORS' ENTITLEMENT TO BUSINESS LICENCE
ISSUE OF BUSINESS LICENCE - BUSINESS LISTED IN SECTION 13
7. (1) If a foreign investor:
(a) produces to the Minister an approval certificate that specifies a business licence for a business listed in section 13; and
(b) gives the Minister a completed application form; and
(c) pays the business licence fee payable for the licence, in accordance with section 18;
the Minister must direct the Director to issue to the investor the business licences specified in the certificate.
(2) If:
- (a) a person other than a foreign investor applies for a business licence for a business listed in section 13; and
- (b) the person pays the business licence fee payable for the licence, in accordance with section 18; and
- (c) if the applicant is not a citizen - the business does not involve an activity that is a reserved occupation; and
- (d) the business does not involve an activity that is on the negative list;
the Minister must direct the Director to issue the business licence to the person.
(3) The Minister must give the direction within seven (7) days after he foreign investor complies with subsection (1), or the person complies with subsection (2).
(4) If the Minister does not within seven (7) days direct the issue or refusal or the licence:
- (a) the Minister is taken to have approved the issue of the licence; and
- (b) the Director must issue the licence.
(5) If the business licence involves a business situated in an area that is outside a municipality, references to the Director in this section are to be read as references to the local government council for the area.
ISSUE OF BUSINESS LICENCE - BUSINESS NOT LISTED IN SECTION 13
8. (1) If a foreign investor:
(a) produces to the Director an approval certificate that specifies a business licence for a business not listed in section 13; and
(b) gives the Director a completed application form; and
(c) pays the business licence fee payable for the licence in accordance with section 18;
the Director must issue to the investor the licences specified in the certificate.
(2) If:
- (a) a person, other than a foreign investor, applies for a business licence not listed in section 13; and
- (b) the person pays the business licence fee payable for the licence in accordance with section 18; and
- (c) the applicant is not a citizen and the business does not involve an activity that is a reserved occupation; and
- (d) the business does not involve an activity that is on the negative list;
the Director must issue the business licence to the person.
(3) The Director must issue the business licence within five (5) working days after the foreign investor complies with subsection (1), or the person complies with subsection (2).
(4) If the business licence involves a business situated in an area that is outside a municipality, references to the Director in this section are to be read as references to the local government council for the area.
RENEWAL OF BUSINESS LICENCES
the Director or local government council, as the case requires, must renew the business licence.
TRANSFER OF BUSINESS LICENCES
10. (1) Subject to this section, a business licence may be transferred.
(2) The holder of a business licence must give the Director or, if the licence was issued by a local government council, that council, notice that the holder proposes to transfer the licence.
(3) The notice must state:
(a) the business licence number; and
(b) the name and address of the holder; and
(c) the location and nature of the business; and
(d) the name and address of the transferee; and
(e) the date of the transfer.
(4) The Director of the local government council concerned must:
- (a) cancel the existing business licence; and
- (b) issue a new business licence to the transferee on payment of the business licence fee, unless:
- (i) to do so would result in the transferee having a monopoly of the business concerned in the areas concerned, and the transferor did not have an existing monopoly; or
- (ii) the transferee is a foreign investor who does not produce an approval certificate; or
- (iii) the transferee is not entitled to the business licence under this Act.
(5) However, the Director or local government council may issue the new business licence if:
- (a) to do so would result in the transferee having a monopoly of the business concerned in the area concerned; but
in the Director or council's opinion the monopoly would not be detrimental to the public interest,
(b) the Director or local government council must issue the new business licence within seven (7) days of receiving the application and the fee.
REASONS FOR DECISION
11. If:
(a) the Minister refuses to direct the Director or the local government council to issue a business licence; or
(b) the Director or the local government council refuses to issue, renew or transfer a business licence;
the Minister, Director or local government council, as the case requires, must:
(c) record the decision, and reasons for the decision, in writing; and
(d) send a copy of the decision and the reasons:
- (i) to the applicant; and
- (ii) if the applicant is a foreign investor - to the Foreign Investment Board; and
- (iii) if the applicant is a foreign investor for whom a local agent is acting - to the agent;
within seven (7) days of making the decision.
APPEAL
Director or local government council refusing to issue, renew or transfer a business licence.
(2) The Minister must consider and decide the matter within 30 days.
(3) The Minister must:
- (a) record his or her decision, and the reasons for the decision. In writing; and
- (b) send a copy of the decision and the reasons to the person within seven (7) days of making the decision.
(4) A person may appeal to the Supreme Court against a decision of the Minister under section 7 or under subsections (2) and (3), refusing to direct the Director or local government council to issue, renew or transfer a business licence;
(5) The Supreme Court has the jurisdiction to hear and determine an appeal brought under this section.
MINISTER TO APPROVE OR REFUSE APPLICATIONS IN CERTAIN CASES
(2) In giving the direction, the Minister must act in accordance with section 6 to 12.
(3) This section applies to licences in respect of businesses in any of the following business activity:
- - Mining for minerals;
- - Quarrying and Other Mining;
- - Logging;
- - Abattoirs and meat packing;
- - Canneries;
- - Oil mills;
- - Bakeries and confectioneries;
- - Manufacturers of food products not elsewhere specified;
- - Manufacturers of prepaid animal feeds;
- - Distilleries;
- - Breweries;
- - Manufacturers of carbonated non-alcoholic beverage;
- - Manufacturers of cordials and non-carbonated, non-alcoholic
- - Beverages;
- - Manufacturers of tobacco;
- - Sawmills, planning and other wood mills;
- - Manufacture of wooden furniture and fixtures, artifacts and decorative small furnishing;
- - Manufacture of paper, paper products, printer and publishers;
- - Manufactures of chemicals, chemical products, rubber and plastics;
- - Manufacture of soap and cleaning preparations;
- - Ship builders and repairers;
- - Manufacture of wearing apparels;
- - Jewellers;
- - Air conditioning and refrigeration;
- - Manufacture of cement, lime and plaster;
- - Manufacture of structural and fabricated metal products; and
- - Commercial banks;
- - Air transport operators;
- - Tour agent;
- - Trust, finance and investment companies;
- - Local insurance companies;
- - Insurance brokers and agents;
- - Real estates, property and land developers and managers;
- - Legal practitioners;
- - Accounting practitioners;
- - Engineering and architectural services or practitioners, surveyors and draftsman;
- - Core drilling, assaying, geological and prospecting support services;
- - Business, financial and management services and consultants, advertising and marketing services.
LICENCE TO BE DISPLAYED
Penalty: fine not exceeding VT100,000.
LICENCES LOST OR DESTROYED
POWER OF SEARCH
CONFIDENTIALITY OF INFORMATION
FEES
(2) The fee provided in subsection (1) shall be an annual fee and shall be due and paid on the first day of the month in which the business is first commenced and thereafter -
(a) where the fee payable does not exceed VT20,000 shall be paid in full on or before the 31st of January of each succeeding year;
(b) where the fee payable exceeds VT20,000, shall be paid in two equal instalments on or before the 31st January and 31st July each year.
(3) The fee provided in subsection (1) together with any increase provided for in subsection (4) shall be recoverable by the licensing authority as a civil debt.
(4) If the business licence fee has not been paid in full or in part by instalments in accordance with subsection (2), that fee or part of the fee remaining unpaid shall be increased by 10% for each month or part thereof during which the fee remains unpaid.
(5) The Director may, with the approval of the Minister, remit in whole or in part the increase imposed under subsection (4) where:
(a) the business becomes insolvent;
(b) the business becomes subject to unforeseen adverse trading conditions affecting its financial capability;
(c) an inadvertent error or omission is made in good faith in the completion of a business licence application form or in the calculation of the fee; or
(d) undue financial hardship would be caused by the imposition of such an increase.
GENERAL PROVISIONS
Provided that one licence shall suffice for premises which are immediately adjacent and intercommunicating.
(2) Where a person carries on more than one business or category of business, he shall take out a licence in respect of each business or category of business:
Provided that in any case where a person is liable to pay more than one licence fee as aforesaid and where any business is of such minor extent that it is only incidental to another business or a necessary adjunct thereto, such person shall be exempted from the obligation to take out a licence and pay any fee therefore.
(3) Where two or more than persons are carrying on a business independently of each other at the same premises a licence shall be taken out in respect of each business.
(4) Where a licence is taken out for a newly formed business for part of a year only the fee payable shall be proportionate to the period covered by the licence and for the purpose of the assessment of that proportion any part of a month shall count as a whole month.
(5) Where during the course of the year the nature or extent of a business changes for whatever reason thereby rendering the licence holder liable to the payment of a different licence fee he shall forthwith so inform the licensing authority and shall pay or receive such adjustment of fee as may be appropriate.
(6) A licence may be surrendered to the licensing authority at any time and thereupon the licence holder shall be entitled to a proportionate refund of the licence fee commencing from the first day of the month next following.
REVENUE FROM FEES
ABATEMENT OF FEES
REDUCTION OF FEES
22. The licensing authority may reduce the fee in respect of:
(a) part time businesses; or
(b) newly formed businesses.
Provided that no reduction shall be in excess of 50 percent (50%) of the fee and provided further that no such reduction shall be granted to newly formed businesses for more than three (3) consecutive years, in respect of any one licence holder.
PENALTIES
CANCELLATION OF LICENCE
RULES
REPEALS
26. The Business Licence Act [CAP. 173] is repealed.
COMMENCEMENT
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Section 18
SCHEDULE 1
________________________________________________________________________
RATES OF BUSINESS LICENCE FEE
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________________________________________________________________________
CLASSES AND CATEGORIES
OF BUSINESS ANNUAL FEE REMARKS
(VATU)
===============================================================
CLASS A
MINING, QUARRYING AND LOGGING
______________________________________
Category A. Mining, Quarrying and Logging 20,000 1. Class A licence includes
the importing of materials required in mining, quarrying, logging and sawmill business operations.
Plus for each non-citizen employee, principal 90,000 2. Include the extraction,
or partner dressing, smelting, crushing, etc. and the beneficiations in any way of any mineral or mineral ore other than stone, gravel, clay or sand.
3. (i) Includes the extraction, dressing, crushing or otherwise treating to render marketable stone, gravel, clay or sand.
(ii) Excludes the manufacture of structural clay and cement products such as bricks, concrete blocks and tiles, which is licensed under Category B.
4. (i) Includes logging camps, logging contractors and lodgers engaged in cutting timber and in producing rough, round, hewn or riven forest or wood raw materials.
CLASS B
MANUFACTURING INDUSTRIES AND TRADE
_____________________________________________
Category B. Manufacturing Industries and Trades 20,000 1. Manufacturing
means any process which transforms inorganic or organic substances into new products.
Plus for each non-citizen employee, principal or partner 90,000
engaged in the business
2. Covers the importing of materials and supplies required in the manufacturing processes.
CLASS C
CONSTRUCTION INDUSTRIES AND TRADE
__________________________________________
Category C. Construction, Industries and Trade 10,000 Generally class C:
Plus for each non-citizen employee, principal or partner 90,000 1. Covers
engaged in the business importing of
materials and supplies required in the construction, repair and maintenance business.
CLASS D
WHOLESALE AND RETAIL
MERCHANDISING TRADES
____________________________
Category D1. Importers 10,000 D1. (i) Subject to
paragraph (ii) a Category D1 licence is required as a supplementary licence by importing business of all classes.
(ii) Importing means direct importing for resale (without transformation), wholesale or retail, of merchandise of any description, but excludes:
(a) the direct importing of equipment, materials or supplies for use in the business and not purchased for resale;
(b) the direct importing of equipment, materials or supplies for use or for transformation by the business in mining, manufacturing, construction or repairing processes (Class A, B & C), or for use in transport operations (Class E), or for use in businesses of Classes F, G or I;
(iii) Resale or wholesale under Category D1 includes acting as agents in buying or selling merchandise to other business.
Category D2. Retailer or Wholesaler 20,000 D2. (i) A Category D2
licence is required for businesses which sell wholesale or retail
plus for each non-citizen employee, principal or 90,000 merchandise
partner engaged in the business of every description and includes butchers.
(ii) Business in the merchandising trades who are holders of D1 must also hold a D2 licence.
(iii) Excludes open air vendors and mobile shops.
Category D3. Hotels, Motels, Restaurants, Cafes 20,000 D3. Hotels
and Bars operating
recreational and personal services require in addition appropriate licences for those services.
Plus for each non-citizen employee, principal or 90,000
partner engaged in the business
Category D4. Take-Away Food Outlets 5,000 D4. Licence must
be held by all
Plus for each non-citizen employee, principal or 90,000 take-ways or
partner engaged in the business fast food outlets in addition to any D licence required.
Category D5. Open-Air Vendors, Mobile Shops 5,000 D5. (i) Applies to all
And Door-to-door Sales vendors,
carrying out
plus for each non-citizen employee, principal 90,000 their trade in
or partner engaged in the business the open air or under movable shelters including vendors of cooked foodstuffs.
(ii) Does not apply to vendors of local agricultural products, raw fish (including shells) or locally made artifacts.
CLASS E
TRANSPORT, STORAGE
FACILITIES AND TOURISM SERVICES
_______________________________________
Category E. Transportation, Storage Facilities and 20,000
Tourism Services
Plus for each non-citizen, principal or partner 90,000
engaged in the business
CLASS F
FINANCIAL AND MONETARY INSTITUTIONS
INSURANCE AND REAL ESTATE COMPANIES,
PROFESSIONAL AND BUSINESS SERVICES
_____________________________________________
Category F1. Commercial Banks F1. (i) Commercial
bank includes
2.00% of turn over for the licensing year 2.00% combined
trading and
subject to a minimum fee of 5,000,000 savings bank
activities, accepting deposits of money with drawable by cheque.
Category F2. Other Financial Institutions
2.00% of turn over for the licensing year 2.00% 'Turnover' means:
subject to a minimum fee of 300,000 (a) net interest
income (interest income less interest expenses)
(b) all other operational gross income including trustee, corporate, administration, management fees and commissions plus all other operational charges made by the institution;
where that operational gross income is charged at a rate of zero percent or an exempt supply under the Value Added Tax Act 1998
Category F3. Insurance 'Turnover' is gross
premiums, other than premiums paid in respect of policies that represent supplies subject to VAT at 12.5% under Value Added Tax Act 1998
F3. (a) Domiciled Vanuatu licensed insurance company 2.00%
F3. (b) Non domiciled Vanuatu licensed insurance company 2.00%
F3. (c) Insurance Agents 20,000
F3. (d) Insurance Brokers 200,000
plus for each non citizen, principal or partner engaged 90,000
in the business
Category F4. Other Professional and Business
Services 20,000
plus for each non citizen, principal or partner 90,000 'Turnover' means:
in the business
(a) net interest
income (interest
2.00% income less
interest expenses)
(b) all other operational gross income including trustee, corporate, administration management fees and commissions plus all other operational charges made by the institution:
where that operational gross income is charged at a rate of zero percent or an exempt supply under the Value Added Tax Act 1998
CLASS G
PERSONAL, SOCIAL, RECREATIONAL AND
REPAIR SERVICES
__________________________________________
Category G1. Medical and Dental Practitioners
Optometrists, Chiropractors, 20,000
Osteopaths, Nursing Services and
Veterinary Services
plus for each non-citizen employee, principal or partner 90,000
engaged in the business
Category G2. Personal, Social, Recreational and 20,000
Repair Services
plus for each non-citizen employee principal or partner 90,000
engaged in the business
CLASS I
UTILITIES
Category I1 Electricity Generation and 20,000
Distribution Companies
plus for each non-citizen employee, principal or 90,000
partner, engaged in the business
Category I2 Telegraphic and Communication 20,000 I2. Includes both
Services Companies and Providers national and
international
telephone, telegraphic and telecommunication services.
plus for each non-citizen employee, principal or 90,000
engaged in the business
Category I3 Water Works, Distribution and 20,000 I3. Includes the
Supply Companies and Providers collection,
purification distribution, supply and sale of water to household, industrial and
plus for each non-citizen employee, principal or 90,000 commercial
partner, engaged in the business users.
Category I4 Radio and Television Broadcasting 20,000 I4. Includes radio
Companies and Providers and television
stations
plus for each non-citizen employee, principal or 90,000 engaged in the
partner, engaged in the business production and dissemination to the public of oral and visual programmes. Includes close circuit television and relay stations.
The printing and or publishing of newspaper, periodical etc. is covered under Category B.
___________________________________
Section 2
SCHEDULE 2
________________________________________________________________________
EXEMPTION FROM LICENCES
Teachers and professors in schools or institutions not conducted for profits
Artist and sculptors
Planters, farmers and dairymen, market and other gardeners, stock breeders, vegetable and fruit hawkers
Fishermen
Masters, officers and crews of merchant or trading vessels unless they are engaged in business
Non-proprietary clubs, whose main purpose is social, cultural, sporting or educational and are not conducted for profit
Religious missions and ministers of religion
Exporters of any products from Vanuatu
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