Notes on RA 11032 AN ACT PROMOTING EASE OF DOING BUSINESS AND EFFICIENT DELIVERY OF GOVERNMENT SERVICES, AMENDING FOR THE PURPOSE RA 9485, OTHERWISE KWOWN AS ANTI RED TAPE OF 2007 Section 1: RA 9485 otherwise known as “Anti-Red Tape Act of 2007” is amended as follows slow, suboptimal, and undesirable social outcomes. l. Regulation- government policy intervention Licensing, imposing information obligation m. Simple transactions Section 5- Reengineering of Systems and Procedures “Ease of Doing Business and Efficient Government Service Delivery Act of 2018” Cost compliance analysis Time and motion studies Undergo evaluation and improvement of transaction systems and procedures and reengineer the same if deemed unnecessary Section 2: Declared the policy of the state to promote 1. Integrity 2. Accountability 3. Proper management of public affairs and public property 4. Establish effective practices 5. Efficient turnaround of the delivery of government services 6. Prevention of graft and corruption Section 3: Coverage All government offices and agencies including LGUs, government-owned/controlled corporations and other government instrumentalities whether in the Philippines or abroad. Section 4 definition of terms a. Action- written approval or disapproval b. Business One Stop Shop (BOSS)- single common site/location designated for BPLS c. Business-related transactions d. Complex transactions e. Fixer- who has access to people working therein. -facilitates speedy completion of transactions. f. government service- process or transaction between applicants for any privilege, right, reward,,, etc. g. highly technical application h. nonbusiness transactions i. officer or employee j. processing time- time consumed by LGU/NGA from receipt of application k. red tape- any regulation, rule, or administrative procedure or system that is ineffective or detrimental in achieving its intended objectives and, as a result, produces Section 6: Citizen charter- most current and updated service standards Where – main entrance of offices/conspicuous place Section 7: Zero-Contact Policy Section 9: Assessing government transactions 1. Simple transaction- not longer 3 working days Complex transactions- 7 working days Pose danger to public health, public safety- 20 WD Requires authorization of SB, SP- 45 WD can be extended to 20 WD 2. Denial of application or request for access of government service- shall be fully explained in writing 3. Limitation of signatories- limited to maximum of 3 signatures Section 10: Automatic Approval or Automatic Extension of License, Clearance, Permit, Certification or Authorization- if government office or agency fails to approve or disapprove an original application or request within the processing time- deemed approved. Section 11: 1. Single/ unified business application form 2. BOSS- business permitting and licensing system shall be established in Negosyo Center- Ra 10644 3. Mandated to automate the business permitting and licensing or set up BOSS within 3 YEARS upon effectivity of this act. DICT- give software for computerization of business permit and licensing system. 4. Business permit- valid for 1 year RA 7160- The Local Government Code of 1991- Art. IV, Section 152 Business permit a. Issuance of FSEC and FSIC- no longer than 7 working days b. FSIC in occupancy permit stage=business permit c. Renewal of business permit- within 3 working days the BFP shall present the FSIC to the municipality/city either the copy or negative/positive list If failed- temporary valid FSIC d. Issuance for certification of fire incident purposes- 20 days and extended 20 days e. BFP = should not sell, recommend or else 1-6 years imprisonment and 500k -2m penalty f. BFP = BOSS g. BFP may enter agreement into cities/municipalities regarding inspection fees h. BFP shall develop and adopt online and electronic mechanism in assessing fees/collecting/accepting payments, business permits The pertinent provisions of Republic Act No. 9514, otherwise known as the "Revised Fire Code of the Philippines of 2008", are hereby amended accordingly." Section 13; Central Business Portal= DICT= CBP serve as a central system to receive applications and capture application data involving business-related transactions "Sec. 14. Philippine Business Databank (PBD) – within 1 year from effectivity of this act, DICT shall establish PBD which shall provide the concerned NGAs and LGUs access to data and information of registered business entities for purposes of verifying the validity, existence of and other relevant information pertaining to business entities Sec. 15. Interconnectivity Infrastructure Development. a. 7 WD= brgy b. 7WD= lgu c. 7 WD= NGA Homeowners= 10 WD to refer the application to the members of the association pursuant to Section 10 of RA 9904 – nonextendable of 30 working days "Sec. 17. Anti-Red Tape Authority. organized within six (6) months after the effectivity of this Act Sec. 18. Composition of the Authority Director appointed by the President of Philippines Assisted by three deputy directors general (legal, operations, administration, and finance)appoint by the President Director General of the Authoritydetermine the organizational structures including regional or field offices, qualification standards, staffing pattern and compensation of the newly created Authority Sec. 19. Ease of Doing Business and Anti-Red Tape Advisory Council Secretary of the DTI as Chairperson the Director General of the Authority as Vice-Chairperson Secretaries of the DICT, DILG and Department of Finance (DOF), and two (2) representatives from the private sector as the members (appointed by president for 3year term) section 12. Sec. 20. Report Card Survey- initiated by the Authority in coordination with the CSC and PSA to obtain feedback Penalties and liabilities: 1. First offense: administrative liability with 6 months suspension 2. Second offense: Administrative liability and criminal liability perpetual disqualification from holding public office and forfeiture of retirement benefits and imprisonment of one (1) year to six (6) years with a fine of not 500,000-2,000,000 Section 28- Congressional Oversight Committee - - - 1. 5 members of the senate Chairperson of the senate committees on Trade and Commerce and Entrepreneurship, Civil Service Government Reorganization and Professional Regulation Economic affairs 2. 5 members of the house of representatives Chairperson on the House Committees on Trade and Industry Civil Service and Professional Regulation Government Reorganization Economic Affairs Cease to exist after 5 years upon the effectivity of the act Appropriations Amount necessary to carry out the provisions of this act shall be charged against the current year appropriation. 300,000,000- INITIAL FUNDING- OFFICE OF THE PRESIDENT