DOING BUSINESS 2009 47717 Public Disclosure AuthorizedPublic Disclosure AuthorizedPublic Disclosure AuthorizedPublic Disclosure Authorized A copublication of the World Bank, the International Finance Corporation, and Palgrave Macmillan © 2008 The International Bank for Reconstruction and Development / The World Bank 1818 H Street NW Washington, DC 20433 Telephone 202-473-1000 Internet www.worldbank.org E-mail feedback@worldbank.org All rights reserved. 1 2 3 4 08 07 06 05 A publication of the World Bank and the International Finance Corporation. is volume is a product of the sta of the World Bank Group. e ndings, interpretations and conclusions expressed in this volume do not necessarily reect the views of the Executive Directors of the World Bank or the governments they represent. e World Bank does not guarantee the accuracy of the data included in this work. Rights and Permissions e material in this publication is copyrighted. 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Additional copies of Doing Business 2009, Doing Business 2008, Doing Business 2007: How to Reform, Doing Business in 2006: Creating Jobs, Doing Business in 2005: Removing Obstacles to Growth and Doing Business in 2004: Understanding Regulations may be purchased at www.doingbusiness.org. ISBN: 978-0-8213-7609-6 E-ISBN: 978-0-8213-7610-2 DOI: 10.1596/978-0-8213-7609-6 ISSN: 1729-2638 Library of Congress Cataloging-in-Publication data has been applied for. Doing Business 2009 is the sixth in a series of annual reports investigating the regulations that enhance business activity and those that constrain it. Doing Business presents quantitative indicators on business regulations and the protec- tion of property rights that can be com- pared across 181 economies—from Af- ghanistan to Zimbabwe—and over time. Regulations aecting 10 stages of the life of a business are measured: start- ing a business, dealing with construction permits, employing workers, registering About Doing Business v Overview 1 Starting a business 9 Dealing with construction permits 14 Employing workers 19 Registering property 24 Getting credit 29 Protecting investors 34 Paying taxes 39 Trading across borders 44 Enforcing contracts 49 Closing a business 54 References 58 Data notes 61 Ease of doing business 79 Country tables 85 ILO core labor standards 147 Acknowledgments 151 Contents property, getting credit, protecting inves- tors, paying taxes, trading across bor- ders, enforcing contracts and closing a business. Data in Doing Business 2009 are current as of June 1, 2008. e indicators are used to analyze economic outcomes and identify what reforms have worked, where and why. e methodology for the legal rights of lenders and borrowers, part of the get- ting credit indicators, changed for Doing Business 2009. See Data notes for details. Current features News on the Doing Business project http://www.doingbusiness.org Rankings How economies rank—from 1 to 181 http://www.doingbusiness.org/ economyrankings Reformers Short summaries of DB2009 reforms, lists of reformers since DB2004 and a ranking simulation tool http://www.doingbusiness.org/reformers Data time series Customized data sets since DB2004 http://www.doingbusiness.org/customquery Methodology and research The methodologies and research papers underlying Doing Business http://www.doingbusiness.org/ MethodologySurveys Blog Online journal focusing on business regulation reform http://blog.doingbusiness.org Downloads Doing Business reports as well as subnational, country and regional reports and case studies http://www.doingbusiness.org/downloads Subnational projects Dierences in business regulations at the subnational level http://www.doingbusiness.org/subnational Law library Online collection of business laws and regulations http://www.doingbusiness.org/lawlibrary Local partners More than 6,700 specialists in 181 economies who participate in Doing Business http://www.doingbusiness.org/LocalPartners Reformers’ Club Celebrating the top 10 Doing Business reformers http://www.reformersclub.org Business Planet Interactive map on the ease of doing business http://www.doingbusiness.org/map STARTING A BUSINESS v About Doing Business In 1664 William Petty, an adviser to England’s Charles II, compiled the rst known national accounts. He made 4 entries. On the expense side, “food, hous- ing, clothes and all other necessaries” were estimated at £40 million. National income was split among 3 sources: £8 million from land, £7 million from other personal estates and £25 million from labor income. In later centuries estimates of coun- try income, expenditure and material inputs and outputs became more abun- dant. But it was not until the 1940s that a systematic framework was developed for measuring national income and ex- penditure, under the direction of British economist John Maynard Keynes. As the methodology became an international standard, comparisons of countries’ - nancial positions became possible. Today the macroeconomic indicators in na- tional accounts are standard in every country. Governments committed to the eco- nomic health of their country and op- portunities for its citizens now focus on more than macroeconomic conditions. ey also pay attention to the laws, regu- lations and institutional arrangements that shape daily economic activity. Until very recently, however, there were no globally available indicator sets for monitoring these microeconomic factors and analyzing their relevance. e rst eorts, in the 1980s, drew on perceptions data from expert or business surveys. Such surveys are useful gauges of economic and policy conditions. But their reliance on perceptions and their incomplete coverage of poor countries limit their usefulness for analysis. e Doing Business project, launched 7 years ago, goes one step further. It looks at domestic small and medium-size com- panies and measures the regulations ap- plying to them through their life cycle. Doing Business and the standard cost model initially developed and applied in the Netherlands are, for the present, the only standard tools used across a broad range of jurisdictions to measure the impact of government rule-making on business activity. 1 e rst Doing Business report, pub- lished in 2003, covered 5 indicator sets in 133 economies. is year’s report covers 10 indicator sets in 181 economies. e project has beneted from feedback from governments, academics, practitioners and reviewers. 2 e initial goal remains: to provide an objective basis for under- standing and improving the regulatory environment for business. What Doing Business covers Doing Business provides a quantitative measure of regulations for starting a business, dealing with construction permits, employing workers, register- ing property, getting credit, protecting investors, paying taxes, trading across bor ders, enforcing contracts and closing a business—as they apply to domestic small and medium-size enterprises. A fundamental premise of Doing Business is that economic activity re- quires good rules. ese include rules that establish and clarify property rights and reduce the costs of resolving disputes, rules that increase the predictability of economic interactions and rules that provide contractual partners with core protections against abuse. e objective: regulations designed to be ecient, to be accessible to all who need to use them and to be simple in their implementa- tion. Accordingly, some Doing Business indicators give a higher score for more regulation, such as stricter disclosure re- quirements in related-party transactions. Some give a higher score for a simplied way of implementing existing regulation, such as completing business start-up formalities in a one-stop shop. e Doing Business project encom- passes 2 types of data. e rst come from readings of laws and regulations. e second are time and motion indi- cators that measure the eciency in achieving a regulatory goal (such as granting the legal identity of a business). Within the time and motion indicators, cost estimates are recorded from ocial fee schedules where applicable. Here, Doing Business builds on Hernando de Soto’s pioneering work in applying the time and motion approach rst used by Frederick Taylor to revolutionize the production of the Model T Ford. De Soto used the approach in the 1980s to show the obstacles to setting up a garment fac- tory on the outskirts of Lima. 3 What Doing Business does not cover Just as important as knowing what Doing Business does is to know what it does not do—to understand what limitations must be kept in mind in interpreting the data. Limited in scope Doing Business focuses on 10 topics, with the specic aim of measuring the regula- tion and red tape relevant to the life cycle of a domestic small to medium-size rm. Accordingly: Doing Business• does not measure all aspects of the business environment that matter to rms or investors—or all factors that aect competitiveness. It does not, for example, measure security, macroeconomic stability, corruption, the labor skills of the population, the underlying strength of institutions or the quality of infrastructure. 4 Nor does it focus on regulations specic to foreign investment. vi DoING BUSINESS 2009 Doing Business• does not cover all regulations, or all regulatory goals, in any economy. As economies and technology advance, more areas of economic activity are being regulated. For example, the European Union’s body of laws (acquis) has now grown to no fewer than 14,500 rule sets. Doing Business measures regulation aecting just 10 phases of a company’s life cycle, through 10 specic sets of indicators. Based on standardized case scenarios Doing Business indicators are built on the basis of standardized case scenarios with specic assumptions, such as the busi- ness being located in the largest business city of the economy. Economic indicators commonly make limiting assumptions of this kind. Ination statistics, for ex- ample, are oen based on prices of con- sumer goods in a few urban areas. Such assumptions allow global cov- erage and enhance comparability. But they come at the expense of generality. Business regulation and its enforcement dier across an economy, particularly in federal states and large economies. And of course the challenges and opportuni- ties of the largest business city—whether Mumbai or São Paulo, Nuku’alofa or Nassau—vary greatly across econo- mies. Recognizing governments’ interest in such variation, Doing Business has complemented its global indicators with subnational studies in such economies as Brazil, China, Mexico, Nigeria, the Philip- pines and the Russian Federation. 5 Doing Business has also begun a work program focusing on small island states. 6 In areas where regulation is complex and highly dierentiated, the standard- ized case used to construct the Doing Business indicator needs to be carefully dened. Where relevant, the standard- ized case assumes a limited liability company. is choice is in part empiri- cal: private, limited liability companies are the most prevalent business form in most economies around the world. e choice also reects one focus of Doing Business: expanding opportunities for entrepreneurship. Investors are encour- aged to venture into business when po- tential losses are limited to their capital participation. Focused on the FormaL sector In constructing the indicators, Doing Business assumes that entrepreneurs are knowledgeable about all regulations in place and comply with them. In practice, entrepreneurs may spend considerable time nding out where to go and what documents to submit. Or they may avoid legally required procedures altogether— by not registering for social security, for example. Where regulation is particularly onerous, levels of informality are higher. Informality comes at a cost: rms in the informal sector typically grow more slowly, have poorer access to credit and employ fewer workers—and their work- ers remain outside the protections of labor law. 7 Doing Business measures one set of factors that help explain the oc- currence of informality and give policy makers insights into potential areas of reform. Gaining a fuller understanding of the broader business environment, and a broader perspective on policy chal- lenges, requires combining insights from Doing Business with data from other sources, such as the World Bank Enter- prise Surveys. 8 Why this focus Doing Business functions as a kind of cholesterol test for the regulatory envi- ronment for domestic businesses. A cho- lesterol test does not tell us everything about the state of our health. But it does measure something important for our health. And it puts us on watch to change behaviors in ways that will improve not only our cholesterol rating but also our overall health. One way to test whether Doing Busi- ness serves as a proxy for the broader business environment and for competi- tiveness is to look at correlations be- tween the Doing Business rankings and other major economic benchmarks. e indicator set closest to Doing Business in what it measures is the Organisation for Economic Co-operation and Devel- opment’s indicators of product market regulation; the correlation here is 0.80. e World Economic Forum’s Global Competitiveness Index and IMD’s World Competitiveness Yearbook are broader in scope, but these too are strongly corre- lated with Doing Business (0.80 and 0.76, respectively). ese correlations suggest that where peace and macroeconomic stability are present, domestic business regulation makes an important dier- ence in economic competitiveness. A bigger question is whether the issues on which Doing Business focuses matter for development and poverty re- duction. e World Bank study Voices of the Poor asked 60,000 poor people around the world how they thought they might escape poverty. 9 e answers were un- equivocal: women and men alike pin their hopes on income from their own business or wages earned in employment. Enabling growth—and ensuring that poor people can participate in its benets—requires an environment where new entrants with drive and good ideas, regardless of their gender or ethnic origin, can get started in business and where rms can invest and grow, generating more jobs. Small and medium-size enterprises are key drivers of competition, growth and job creation, particularly in develop- ing countries. But in these economies up to 80% of economic activity takes place in the informal sector. Firms may be pre- vented from entering the formal sector by excessive bureaucracy and regulation. Where regulation is burdensome and competition limited, success tends to depend more on whom you know than on what you can do. But where regulation is transparent, ecient and implemented in a simple way, it becomes easier for any aspiring entrepreneurs, regardless of their connections, to oper- ate within the rule of law and to benet from the opportunities and protections that the law provides. In this sense Doing Business values ABoUT DoING BUSINESS vii good rules as a key to social inclusion. It also provides a basis for studying eects of regulations and their application. For example, Doing Business 2004 found that faster contract enforcement was associ- ated with perceptions of greater judicial fairness—suggesting that justice delayed is justice denied. 10 Other examples are provided in the chapters that follow. Doing Business as a benchmarking exercise Doing Business, in capturing some key dimensions of regulatory regimes, has been found useful for benchmarking. Any benchmarking—for individuals, rms or states—is necessarily partial: it is valid and useful if it helps sharpen judgment, less so if it substitutes for judgment. Doing Business provides 2 takes on the data it collects: it presents “absolute” indicators for each economy for each of the 10 regulatory topics it addresses, and it provides rankings of economies, both by indicator and in aggregate. Judgment is required in interpreting these mea- sures for any economy and in determin- ing a sensible and politically feasible path for reform. Reviewing the Doing Business rank- ings in isolation may show unexpected results. Some economies may rank un- expectedly high on some indicators. And some that have had rapid growth or attracted a great deal of investment may rank lower than others that appear to be less dynamic. Still, a higher ranking in Doing Busi- ness tends to be associated with better outcomes over time. Economies that rank among the top 20 are those with high per capita income and productivity and highly developed regulatory systems. But for reform-minded govern- ments, how much their indicators im- prove matters more than their absolute ranking. As economies develop, they strengthen and add to regulations to protect investor and property rights. Meanwhile, they nd more ecient ways to implement existing regulations and cut outdated ones. One nding of Doing Business: dynamic and growing econo- mies continually reform and update their regulations and their way of implement- ing them, while many poor economies still work with regulatory systems dating to the late 1800s. Doing Business— a user’s guide Quantitative data and benchmark- ing can be useful in stimulating debate about policy, both by exposing poten- tial challenges and by identifying where policy makers might look for lessons and good practices. ese data also pro- vide a basis for analyzing how dierent policy approaches—and dierent policy reforms—contribute to desired out- comes such as competitiveness, growth and greater employment and incomes. Six years of Doing Business data have enabled a growing body of research on how performance on Doing Busi- ness indicators—and reforms relevant to those indicators—relate to desired social and economic outcomes. Some 325 articles have been published in peer- reviewed academic journals, and about 742 working papers are available through Google Scholar. 11 Among the ndings: Lower barriers to start-up are • associated with a smaller informal sector. 12 Lower costs of entry can encourage • entrepreneurship and reduce corruption. 13 Simpler start-up can translate • into greater employment opportunities. 14 How do governments use Doing Business? A common rst reaction is to doubt the quality and relevance of the Doing Business data. Yet the debate typically proceeds to a deeper discussion exploring the relevance of the data to the economy and areas where reform might make sense. Most reformers start out by seeking examples, and Doing Business helps in this. For example, Saudi Arabia used the company law of France as a model for re- vising its own. Many economies in Africa look to Mauritius—the region’s strongest performer on Doing Business indicators— as a source of good practices for reform. In the words of Dr. Mahmoud Mohieldin, Egypt’s minister of investment: What I like about Doing Business… is that it creates a forum for exchanging knowledge. It’s no exaggeration when I say I checked the top 10 in every indica- tor and we just asked them, “What did you do?” If there is any advantage to starting late in anything, it’s that you can learn from others. Over the past 6 years there has been much activity by governments in re- forming the regulatory environment for domestic businesses. Most reforms relat- ing to Doing Business topics were nested in broader programs of reform aimed at enhancing economic competitiveness. In structuring their reform programs, gov- ernments use multiple data sources and indicators. And reformers respond to many stakeholders and interest groups, all of whom bring important issues and concerns into the reform debate. World Bank Group support to these reform processes is designed to encour- age critical use of the data, sharpening judgment and avoiding a narrow focus on improving Doing Business rankings. methodology and data Doing Business covers 181 economies— including small economies and some of the poorest ones, for which little or no data are available in other data sets. e Doing Business data are based on domestic laws and regulations as well as administrative requirements. (For a de- tailed explanation of the Doing Business methodology, see Data notes.) InformatIon sources for the data Most of the indicators are based on laws and regulations. In addition, most of the cost indicators are backed by ocial fee schedules. Doing Business contributors both ll out written surveys and provide viii DoING BUSINESS 2009 references to the relevant laws, regu- lations and fee schedules, aiding data checking and quality assurance. For some indicators part of the cost component (where fee schedules are lacking) and the time component are based on actual practice rather than the law on the books. is introduces a degree of subjectivity. e Doing Busi- ness approach has therefore been to work with legal practitioners or professionals who regularly undertake the transac- tions involved. Following the standard methodological approach for time and motion studies, Doing Business breaks down each process or transaction, such as starting and legally operating a busi- ness, into separate steps to ensure a bet- ter estimate of time. e time estimate for each step is given by practitioners with signicant and routine experience in the transaction. Over the past 6 years more than 10,000 professionals in 181 economies have assisted in providing the data that inform the Doing Business indicators. is year’s report draws on the inputs of more than 6,700 professionals. e Doing Business website indicates the number of respondents per economy and per indicator (see table 12.1 in Data notes for the number of respondents per indicator set). Because of the focus on legal and regulatory arrangements, most of the respondents are lawyers. e credit in- formation survey is answered by ocials of the credit registry or bureau. Freight forwarders, accountants, architects and other professionals answer the surveys related to trading across borders, taxes and construction permits. e Doing Business approach to data collection contrasts with that of perception surveys, which capture oen one-time perceptions and experiences of businesses. A corporate lawyer register- ing 100–150 businesses a year will be more familiar with the process than an entrepreneur, who will register a business only once or maybe twice. A bankruptcy judge deciding dozens of cases a year will have more insight into bankruptcy than a company that may undergo the process. deveLopment oF the methodoLogy e methodology for calculating each indicator is transparent, objective and easily replicable. Leading academics col- laborate in the development of the indi- cators, ensuring academic rigor. Six of the background papers underlying the indicators have been published in lead- ing economic journals. Another 2 are at an advanced stage of publication in such journals. Doing Business uses a simple aver- aging approach for weighting subindica- tors and calculating rankings. Other ap- proaches were explored, including using principal components and unobserved components. 15 e principal components and unobserved components approaches turn out to yield results nearly identical to those of simple averaging. e tests show that each set of indicators provides new information. e simple averaging ap- proach is therefore robust to such tests. Improvements to the methodology and data revIsIons e methodology has undergone contin- ual improvement over the years. Changes have been made mainly in response to suggestions from economies in the Doing Business sample. For enforcing contracts, for example, the amount of the disputed claim in the case scenario was increased from 50% to 200% of income per capita aer the rst year, as it became clear that smaller claims were unlikely to go to court. Another change relates to starting a business. e minimum capital require- ment can be an obstacle for potential entrepreneurs. Initially, Doing Business measured the required minimum capital regardless of whether it had to be paid up front or not. In many economies only part of the minimum capital has to be paid up front. To reect the actual po- tential barrier to entry, the paid-in mini- mum capital has been used since 2004. is year’s report includes one change in the core methodology, to the strength of legal rights index, which is part of the getting credit indicator set. All changes in methodology are explained in the report as well as on the Doing Business website. In addition, data time series for each indicator and economy are available on the website, beginning with the rst year the indi- cator or economy was included in the report. To provide a comparable time series for research, the data set is back- calculated to adjust for changes in meth- odology and any revisions in data due to corrections. e website also makes available all original data sets used for background papers. Information on data corrections is provided on the website (also see Data notes). A transparent complaint pro- cedure allows anyone to challenge the data. If errors are conrmed aer a data verication process, they are expedi- tiously corrected. notes 1. e standard cost model is a quantita- tive methodology for determining the administrative burdens that regulation imposes on businesses. e method can be used to measure the eect of a single law or of selected areas of legislation or to perform a baseline measurement of all legislation in a country. 2. In the past year this has included a re- view by the World Bank Group Indepen- dent Evaluation Group (2008). 3. De Soto (2000). 4. e indicators related to trading across borders and dealing with construc- tion permits take into account limited aspects of an economy’s infrastructure, including the inland transport of goods and utility connections for businesses. 5. http://www.doingbusiness.org/ subnational. 6. http://www.doingbusiness.org. 7. Schneider (2005). 8. http://www.enterprisesurveys.org. 9. Narayan and others (2000). 10. World Bank (2003). 11. http://scholar.google.com. 12. For example, Masatlioglu and Rigolini (2008), Kaplan, Piedra and Seira (2008) and Djankov, Ganser, McLiesh, Ramalho and Shleifer (2008). [...]... impact of reforms First, Doing Business selects the economies that implemented reforms making it easier to do business in 3 or more of the Doing Business topics Second, it ranks these economies on the increase in rank on the ease of doing business from the previous year The larger the improvement, the higher the ranking as a reformer Source: Doing Business database 2 Doing Business 2009 FIGURE 1.2 Eastern... the average ease of doing business in 2007—and maintained its place this year (figure 1.1) Four of its economies—Georgia, Estonia, Lithuania and Latvia—are among the top 30 in the overall Doing Business ranking Rankings on the ease of doing business do not tell the whole story about an economy’s business environment The indicator does not account for all factors important for doing business for example,... across borders Enforcing contracts Closing a business Botswana Venezuela Equatorial Guinea Gabon Tunisia 34 16 12 Bosnia and Herzegovina Bulgaria Cambodia Colombia Czech Republic Finland Germany Greece Hong Kong, China Latvia Mexico New Zealand Poland Portugal Saudi Arabia Bolivia 5 6 Doing Business 2009 Table 1.3 Rankings on the ease of doing business 2009 2008 2009 2008 RANK rank Economy RANK rank Economy... the country tables Rankings on the ease of doing business are the average of the economy’s rankings on the 10 topics covered in Doing Business 2009 Last year’s rankings are presented in italics These are adjusted for changes in the methodology, data corrections and the addition of 3 new economies Source: Doing Business database procedures and 4 days New business registrations increased by 30% in 2... Europe for details business See Data notes & Central Asia leads reforms, Africa runner-up which reformed business registration in Source: Doing Business database Number of reforms easing business start-up by Doing Business report year Eastern Europe & Central Asia DB2006 DB2007 Startin gets fa 2004 Average improvement Getting credit FIGURE Time and Top 10 reformers in starting a business Dealing with... with a notary before registration Top 5 reform features in starting a business 0 Source: D 7% Cut or simplified postregistration procedures Note: reform may include several Doing Business 2009 10 ADoing Business database reform features Source: FIGURE 2.3 Starting a business in Azerbaijan gets faster and cheaper Time and cost to start a business 2004 2005 2006 2007 2008 Time (days) 122 114 Time cut by... 1,526 1,966 2,030 76,627 Note: Sixty-nine economies have no paid-in minimum capital requirement Source: Doing Business database 196.0 196.8 200.2 215.0 232.3 251.3 254.9 257.7 432.7 435.4 11 25% Procedures procedures Turkey 0 Source: Doing Business 12 Doing Business database .2009 10 20 Time to start a business (days) 30 Procedure is completed when final document is received 25% Paid-in minimum capital... credit Protecting investors Paying taxes Trading across borders Enforcing contracts Closing a business Source: Doing Business database Yemen Kyrgyz Republic Burkina Faso Belarus Cambodia Albania Dominican Republic Senegal Mozambique Poland 4 Doing Business 2009 FIGURE 1.4 239 reforms in 2007/08 made it easier to do business 26 made it more difficult 49 Angola Armenia Belarus Bosnia and Herzegovina Burkina... European and Central Asian economies— leaders in Doing Business reforms Share of economies with at least 1 reform making it easier to do business in past 5 years (%) by Doing Business report year Eastern Europe & Central Asia (28 economies) 82 DB2005 DB2006 DB2007 DB2008 DB2009 93 89 82 93 East Asia & Pacific (24 economies) 38 DB2005 DB2006 DB2007 DB2008 DB2009 46 33 46 63 Middle East & North Africa (19... DB2009 63 Sub-Saharan Africa (46 economies) DB2005 DB2006 DB2007 DB2008 DB2009 22 30 65 52 61 Latin America & Caribbean (32 economies) DB2005 DB2006 DB2007 DB2008 DB2009 181 egal O 149 ORMS ia O 157 ORMS Faso 8 MS one 25 50 56 38 50 OECD high income (24 economies) 75 71 79 DB2005 DB2006 DB2007 DB2008 DB2009 63 50 South Asia (8 economies) DB2005 DB2006 DB2007 DB2008 DB2009 50 63 25 Source: Doing Business . pubrights@worldbank.org. Additional copies of Doing Business 2009, Doing Business 2008, Doing Business 2007: How to Reform, Doing Business in 2006: Creating Jobs, Doing Business in 2005:. indicators, changed for Doing Business 2009. See Data notes for details. Current features News on the Doing Business project http://www.doingbusiness.org Rankings