A Better Malaysia with PEMUDAH - MPC · 2017-01-18 · • A Government initiative to facilitate...

The arrow signifies PEMUDAH’s quest for improving all aspects of conducting business in Malaysia. Its simplicity in providing direction and purpose also helps to represent PEMUDAH’s vision on how it intends to spur business efficiency in Malaysia, clear and to the point. The building blocks represent the many components that need to come together to form an efficient system and how the simplification process makes PEMUDAH’s role much easier to build a better stronger foundation for businesses in Malaysia.

2012All rights reservedNo part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or any means electronics, mechanical, photocopying, recording or otherwise, without prior written permission of the PEMUDAH.

DisclaimerThis “Your Business Our Priority” is prepared by PEMUDAH from sources believed to be reliable but no responsibility is accepted by PEMUDAH, its employees, consultants, contractors and/or agents in relation to the authenticity, origin, validity, accuracy or completeness of, or for any errors in or omissions from, the information, statements, forecasts, misstatement of facts, opinions and comments contained herein.

COVERRATIONALE

YOUR BUSINESSOUR PRIORITYA Better Malaysia with PEMUDAH

PEMUDAHPublic-Private Sector Collaboration Towards A Globally Competitive Malaysia

PEMUDAH SECRETARIAT5th Floor, Block 10Government Offices ComplexJalan Duta50622 Kuala Lumpur

Tel: +603 62000184Fax: +603 62019459

CHAPTER

FOUR

CHAPTER

ONE

CHAPTER

TWO

CHAPTER

THREE

04 Who are we?

05 What do we want to achieve?

06 What is our vision and values?

07 PEMUDAH listens to you

07 How do we do it?

08 Enhancing Public Service Delivery and Improving Malaysia’s Business

12 Starting a Business - Start A Business In 1 Day

14 e-Payment System - Making Payment Simple

and Safe

15 Construction Permits - A Foundation For Safer Buildings

16 Registering Property – A Proper Guide To

Property Ownership

17 Paying Taxes - making Taxes Simple

18 Trading Across Borders – Globalisation

19 Enforcing Contracts - Efficient Judgement

21 Resolving Insolvency - A Solution to

Insolvency

22 Employing Workers – A Malaysian Guide to

Employing Workers

24 Abandoned Housing Projects -

Protecting House Buyers

25 Immigration matters -

Attracting Foreign Talent

26 Malaysia My Second Home (MM2H)

27 Halal Matters - Halal Certification

Made Easy

28 Kuala Lumpur City Hall (DBKL) - Kuala Lumpur to be one of the most liveable cities in the world

30 Take on the PEMUDAH Challenge

32 PEMUDAH Challenge : Back to School

CONTENTS

CHAPTER

ONEPEMUDAH

forYOU

6 YOUR BUSINESSOUR PRIORITYA Better Malaysia with PEMUDAH

PEMUDAH For You

A Government Initiative for Facilitating Business

Who are we?

• A Government initiative to facilitate business in Malaysia through a public-private sector special task force set up in 2007 under the patronage of the Prime Minister.

• A team of 25 highly respected individuals: 14 Heads of selected Government Ministries and Departments, 10 leaders of various Malaysian businesses, and the President of the Malaysian Trades Union Congress (MTUC).

• Co-chaired by Y.Bhg Tan Sri Mohd Sidek bin Haji Hassan, Chief Secretary to the Government of Malaysia and Y.Bhg Tan Sri Datuk Yong Poh Kon, President of the Federation of Malaysian Manufacturers (FMM).

7YOUR BUSINESSOUR PRIORITYA Better Malaysia with PEMUDAH

What do we want to achieve?

• Identify bottlenecks, propose resolutions and seek timely and transparent ways of enhancing public sector decision-making and service delivery, and private sector efficiency.

• Create and sustain a business-friendly environment in an effort to make Malaysia the globally benchmarked preferred place to do business.

• Achieve a ranking of Top 10 for Malaysia in the annual World Bank Doing Business Report.


What is our vision and values?• Instil a sense of urgency;

• Work towards a proactive public-private sector collaboration;

• Facilitate, and not hamper;

• Eliminate unnecessary regulations; and

• Have ZERO tolerance for corruption.


PEMUDAH listens to you• We need you to help provide your

feedback which will be of immense value.

• Forward your enquiries, complaints or suggestions to www.pemudah.gov.my. This website also provides information on PEMUDAH’s publications, business reports and updates on the latest initiatives.

• We promise we will respond to your feedback within 3 working days.

How do we do it?PEMUDAH achieves its objectives through various working groups, task forces and focus groups.


Enhancing Public Service Delivery and Improving Malaysia’s Business Environment

PEMUDAH will continue the momentum of change through the working groups, various task forces and focus groups

WORKINGGROUP ON EFFICIENCY

ISSUES (WGEI)

WORKING GROUP

ON POLICY ISSUES (WGPI)

Trading Across Borders

Enforcing Contracts

Closing A Business

Construction Permits

Public RelationsHotel

Sub-sector

MAMPU- Dealing with

Licences- Improving Perception

Registering Property

Starting A Business

Paying Taxes

Employing Workers

SPECIAL TASKFORCE TO FACILITATEBUSINESS (PEMUDAH)


Immigration Matters

Government Procurement

Services Liberalisation

Private Sector Efficiency and

Accountability Towards Consumerism

Halal Matters

Implementation of e-Payment

Facilities

Taxi Services

in Malaysia

Foreign Workers

Abandoned Housing Projects

MM2H

TASKFORCES DIRECTLY UNDER (PEMUDAH)

Business Process Re-engineering in

Business Licensing

DBKL

..For Malaysia to achieve its goal of a high-income economy by 2020, we have to ensure that our companies are

competitive, the country is business-friendly, and that Malaysia is a great place to work and live in!

Y.A.B Dato’ Sri Mohd Najib Tun Haji Abdul Razak

Prime Minister of Malaysia

“ “

CHAPTER

TWO

Initiatives:One Service,One Delivery,No Wrong Door

The current initiatives highlighted are part of an on-going effort to further improve all business related conducts and processes as well as a list of current milestones that have been achieved.

12 YOUR BUSINESSOUR PRIORITY

A Better Malaysia with PEMUDAH

Starting a Business-

Start A Business In 1 Day Malaysian Corporate Identity Number

(MyCoID) • A unique company incorporation number for

registering and dealing with relevant Government agencies to start a business to save time, reduce bureaucratic red tape and improve efficiency of the process.

• Thesystemsoffiveparticipatingagencies,namely;theInland Revenue Board (LHDN), Employees ProvidentFund (EPF), Human Resources Development Fund(HRDF), Social Security Organisation (SOCSO) and Small and Medium Enterprise Corporation Malaysia(SME Corp Malaysia) have been integrated into one MyCoID Gateway System (MGS).

• TheMGSenablesthefollowingservicestobetransactedonline:

- Name Search; - Application of Company Name (Form 13A); - New company incorporation and simultaneous

registration with 5 agencies; and - Lodgement of post incorporation forms.

For more information visit www.ssm-mycoid.com.my

13YOUR BUSINESSOUR PRIORITY


Business Licensing Electronic Support System (BLESS)

A standardised format for all application forms,online payment option and feedback mechanism established in 2009 to simplify the procedures of all licensing, permits and approvalsinvolvingmultipleGovernment agencies.

BLESS enables applicants registered with theRegistrar of Companies (ROC) to apply for 102licences/permits/approvalsofferedby45agenciesinthe construction, manufacturing and hotel sectors within the Klang Valley.Thenextphasewillincludeatotalof73agenciescovering350licenses,permitsand applications with 5 additional sectors such asTourism,Health,EducationandTraining,LogisticsaswellasDistributiveTrading.

The Focus Group on Business Process Re-engineering (FGBPR) has embarked on modernising business licensing by reviewing all procedures related to the application of business-related licenses at 23 ministries and agencies. This process when completed in June 2012 will reduce business license compliance costs by an estimated RM729 million.

For more information visit

www.bless.gov.my



Making Payment Simple and Safe

e-PaymentSystem-

• Adirect debit or credit card payment facility for making safe and secure payments to Government agencies nationwide.

• Continuouseffortsarebeingundertakentopromotetheusageofthisfacilitythroughthe mass media, ICT Expositions and hand holding programmes.

• TheGovernmentwillenhancethisfacilitywithmobile e-payment via hand phones and computer tablets. The Mobile Government (MyMobile) initiative is being implementedunderthe10thMalaysiaPlan.

For more information visit www.malaysia.gov.my



ConstructionPermits-

A Foundation For Safer Buildings

Simplifying The Process and Reducing The Time For Construction Approvals• AOneStopCentre(OSC)streamlinesthe

decision-making process and addressesissues of delays in getting approvals fordevelopmentprojects.

• 3 Common Templates and a Checklistwere developed for external andinternal agencies. The OSC proceduresare conducted according to MS ISO9001:2008.

• Itemsonthebuildingplanapprovalchecklisthave been reduced from 81 to 19 items.

• Approvalsforbuildingplanshavebeencutto37daysfrom61days.

• The Certificate of Completion and Compliance System (CCC) will be replaced bytheCertificate of Fitness of Occupation System (CFO) which will be self-regulated.


www.epbt.gov.my



Improving The Processing and Registering of Property • The3rd edition of the Guidebook on

Registering Property was released on 30March 2010 to provide updatedinformation on leasehold and freehold properties, and strata title processing.

• Introduction of myForm in all land offices to minimise the time taken fordataentrybycounterclerks.

• Introduction of e-mail notificationservicestonotifyapplicants/lawyersonregistrationofapplicationsortopick-updocuments and/or titles issued.

• A Biometric System has been introducedin21landofficestoreduce fraud and forgery in property registration.

• The biometric system has shownremarkablepromisewiththeeliminationoffraudcasesintheKualaLumpurLandOfficesince2011whenthesystemwasimplemented.Thesystemwillberolledoutthroughoutthecountry.


www.pemudah.gov.my

RegisteringProperty–

A Proper Guide To Property Ownership



Standardising and simplifying tax administration procedures and incorporating various global best practices

• TheMinistryofFinance(MOF)hasmadethefollowingpolicychangestoimprovetheincometaxsystem:

(i) Compensation for late refund of tax of 2 percent (per

annum) onadailybasisforlaterefundoftaxoverpaidtoLHDN.Thecompensationistobepaidafter90daysfrom theduedate for e-filingandafter120days fromduedateformanualfiling;and

(ii) Reduction of the time bar for audit from 6 years to 5 years,effectiveyearofassessmentbeing2013.

• MOF isalso lookingatdoingawaywith filingof income taxreturnforindividualtaxpayers.


www.pemudah.gov.my

PayingTaxes-

Making Taxes Simple



Globalisation TradingAcrossBorders–

Facilitating Trade and Supporting Globalisation In Malaysia

Reducing Time for Obtaining Permits• InformationonPermit IssuingAgencies(PIAs),

improved client charters, work process flowand National Single Window (NSW) liaisonofficers have been published in NSW’s portalwww.mytradelink.gov.my

Reduction of Required Documentation• The invoice and packing list for import and

export have been merged on an e-document. The reduction in paper work has resulted inbetterefficiencyandreusabilityofdata.

Pre-Clearance of Cargoes• Cargoescannowbepre-clearedbyCustomers

toreduceclearancetimefrom3daysto1day.You can now get an Estimated Time of Arrival foryourcargosubjecttoseveralcriteria:

- TheManifestandDeclarationisinorder. - Noinspectionisrequired. - Thedutyispaidandtheshipmentmeets

allregulatoryrequirements.



Enhancement of the Judicial Systemwithmore judges andcomputerisation

• The number of judges in the New Commercial Court (NCC) hasbeenincreasedfrom2to8toexpeditethedisposalofcurrent commercial cases other than IntellectualPropertyandMuamalat.

• Improvementsthroughcomputerisationare:

- e-Filing – Electronic e-filing system to allowregistration and submission of digital forms bylawyerswithouttheirpresence.

- Court Management System (CMS) – Quicker

DataManagementforbettertrackingandanalysis. - Queue Management System (QMS) –A queue

system that expedites the queue and individualtracking of documents.

- Court Recording and Transcription System (CRT)

–Asystemthatallowsallcourtproceedingstoberecordedorvieweddigitallyonlinewithouttheneedforcarbontranscripts.

EnforcingContracts-

Efficient Judgement



Digitalising Court Proceedings• Thedigitalcourtprojectwasimplemented

in November 2010 by using audio visual recording devices to record court proceedings.

• For the second phase, audio visualrecording instrument with sound recognition technologywillbe installedtoexpeditethehearing process by allowing the notes ofevidence to be generated automaticallythroughthesystem.

These initiatives have led to a tremendousreductionofmorethan50%ofbacklogcases.

Facilitating The Law Through A Client’s Charter• A Client’s Charter has been introduced to

furtherimprovetheCourt’sdeliverysystemand transparency and to standardise thetimelineforprocessingofcourtdocumentsand scheduling of cases.


http://efiling.kehakiman.gov.my



The Malaysia Department of Insolvency (MDI)hasundertakenaproject toclear the amount of backlog court cases and outstanding winding- up cases. Thesecaseswillbeclassifiedintothefollowing categories:

• Sufficient funds in the estate with no assets available

- Adissolutionwillbeappliedincourt.

• Insufficient funds in the estate with no assets available

- Adissolutionwillbeappliedincourtor a strike-off from the SSM.

• Sufficient funds in the estate with available assets

- Liquidationofassetsand/ordivisionof funds to creditors.

An Insolvency Draft Bill has been drafted to consolidate existing legislations into a single legislation and introduce new provisions to boost reformsandenhancetheinsolvencyprocess.


www.insolvensi.gov.my

ResolvingInsolvency-A Solution to Insolvency



A Malaysian Guide to Employing Workers

EmployingWorkers–

The Essentials of Human Resource ManagementAHandbook for Employers & Employees hasbeenpublished.Theguidebookcovers thegeneralrules regardingoccupational safetyandhealth, terminationof contract of service/employment, leaveentitlement,dutiesandresponsibilitiesofemployersandemployees,termsandconditionsofcontractof service/employment, wages, Employees Provident Fund (EPF) contribution, Social SecurityOrganisation (SOCSO) contribution, employing foreign employees in Malaysia and the IndustrialRelationsAct,1967.

The National Wages Consultative Council Act (NWCCA) 2011Act 732 of theNWCCAwas implemented on 23September 2011 for the formation of theNational Wages Consultative Council to advise the government concerning matters of minimum wage.

The Employment (Amendments) Bill 2011The Bill was passed on December 2011 and 28 amendments were made to strengthen current provisionsaswellastheinclusionof17newprovisionsandtherepealingof2currentprovisions.

Minimum Retirement Age BillTheBilliscurrentlybeingfinalisedbytheMinistryofHumanResourceswiththehelpofstakeholderstoset the minimum retirement ageforemployeesworkingintheprivate sector.ThisBillistargetedtobesubmittedtotheAttorneyGeneralChambers’officebymid2012.

CHAPTERTHREE

Other Notable Improvements by PEMUDAH


In 2011, the Special Task Force on Abandoned Housing Projects has succeeded in resolving 32 abandoned housing projects. The remaining 62 projects are in the midst of various revival stages of completion.

To curb abandoned housing projects, the following have been introduced:

• Bui ld-Then-Sel l (BTS)Conceptby l icenseddeveloperstobefullyimplementedby2015withthehousebuyersyariahcompliancefinancingscheme;and

• Amendment to the Housing Development (ControlandLicensing)Act1966(Act118):- IncreaseindepositfromRM200,000to3percent

oftotalestimatedphysicaldevelopmentcosts;- HousebuyerscancanceltheirSaleandPurchase

Agreement if the project does not take place within6monthsaftersigning;

- ExtendingtheHouseBuyers’ClaimsTribunal(TTPR)scopetoenablehousebuyerstoclaimdamagesfromunlicensedhousingprojects;

- Imposing maximum penalty of RM50,000 fromRM20,000 for anyoffencemadebydevelopersundertheAct118;

- Prosecutedevelopersresponsibleforabandonedhousingprojects;and

- Definition of “Housing Developer” has beenexpandedtoincludeLiquidators.

List of developers that are blacklisted and problematic housing projects can be viewed at

www.kpkt.gov.my

AbandonedHousingProjects-

Protecting House Buyers


Thewholeprocessofemploying foreignworkershasbeenmadeconsiderablyclearerandsimple.A“Guidebook on the Employment of Expatriates: Processes and Procedures” as reference tool for Malaysian-owned and foreign-owned companies operating in or planning to set up business inMalaysia.

ImmigrationMatters-

Attracting Foreign Talent

TheImmigrationDepartmenthascontinuedtointroducenewpolicyimprovements,namely:

• Introduction of Resident Pass that enables holder toresideandworkinMalaysiaforupto10years,effective1 April2011;

• Abolishment of maximum approval of 10 years foremploymentpasses forExecutivePostsandfiveyearsforNon-ExecutivePosts;

• Implementationofpost-approvalauditandenforcementfortheissueofautomaticexpatriatepasses;

• Extension of Work Permit for temporary unskilledemployeesfor5+5(annually)startingon1 April2011;

• Introduction of Biometric System for foreign workersunderthe6PProgramme;

• IssuanceofInternationalStudentPasses;• Expedite Visas for foreign patients under the Medical

HealthcareTourismCouncil(MHTC)programme;and• ImprovementofStandardOperatingProcedures (SOP)

for conducting raids.

The guidebook can be downloaded at

www.pemudah.gov.my


Malaysia My Second Home (MM2H) TheMM2Hprogrammeisanefforttoincreasetheallureof Malaysia as a home for prospective companies andtheir employees. Measures such as the fast track of approvals for expatriate posts(Jan2010)andashorter processing period for Work Permits have made it more convenientforexpatriatestomakeMalaysiatheirhome.

Improvements have also been made to the immigration lawsandregulationsregardingexpatriatessuchas:

• Removaloftheagelimitforexpatriates;• Removalofcoolingperiodof6monthsforexpatriates

andskilledworkersforallsectors;• AutomaticApproval for expatriateswith salaries of

morethanRM8,000permonth;• Allowingexpatriatestoextendtheirstayindefinitely

afterlivinginMalaysiafor5years;• AutomaticApprovalforLong-TermSocialVisitPass

forSpousesfor5years;and• A Point System towards Permanent Residency

Status and application can bemade after 5 yearsfromtheprevious10years.


www.mm2h.gov.my


Improvements to further facilitate the acquisition of Halal certification are:

• HalalCertificaterenewalforsimpleproductsreduced to 7 from 30 days. No supportingdocuments for raw materials and ingredients arenecessaryiftheyhavebeencertifiedbyJAKIM.

• Onlyproductsandlogisticsapplicationrequireasubmissionoffinancialdocuments.

• NewHalalCertificateapplicationsonlyrequire30daysdownfrom90afterthepaymentofcertificationfees.

• A New Client Charter of Malaysia HalalCertificationwasintroduced.

The e-Halal usage has also been expanded tostate authorities by JAKIM. These additional improvements are:

• AportalforOnlinePayment.• HalalCertificationcanbereviewedviae-mail

ortextmessage.• A database of Halal Ingredients is now

available.• Stored application database for Halal

Certificaterenewals.• TheexpansionforHalalsearchfunctionsto

include products, brands, companies, trade/brand names and locations.

For more information visit www.halal.gov.my

The Management of Halal certification has been standardised through joint certification between the Department of Islamic Development Malaysia (JAKIM) and State Religious Affairs (JAIN/MAIN).

HalalMatters-

Halal Certification Made Easy


KualaLumpurCityHall(DBKL)-

Kuala Lumpur to be one of the most liveable cities in the world

A special PEMUDAH Task Force on DBKL has been set up in late 2011. Initial focus areas have been traffic congestion, security and road maintenance. Improvements implemented to date are:

• Introduction of a new intelligent monitoringsystem known as “Eye Zoom” to improvetrafficmanagement;

• Significant increase in the number oftraffic enforcement personnel throughauthorisation of DBKL traffic wardensto complement the Police in managing movingtraffic;

• Placementofadditionaltrafficenforcementpersonnelatidentifiedcriticaljunctionstoreducecongestion;

• Restriction of heavy vehicles fromenteringthecitycentreatpeakhours;

• Introducedanewregulationtoallow leftturnonredattrafficlightjunctions;

• Increasedfeederservicestorailtransportduringpeakhours;

• Introduced “Motorcycle Zone” atdesignatedintersections;

• InstalledCCTVsurveillanceathighcrimeratelocations;

• Promote the usage of public transportthroughthePublicTransportDayorCar-FreeDayCampaigns;and

• Stricter control of utility companies indigging and repairing of roads.


www.dbkl.gov.my

CHAPTERFOUR

PEMUDAHChallengeAre you up for it?

30

Take on the PEMUDAH Challenge: One Million Ringgit for 1000 ideas!!!

In 2012, PEMUDAH launched the PEMUDAH Challenge with the aim of providing a platform for members of the public to communicate ideas and identify rules/regulations/licences which are archaic and no longer relevant. In PEMUDAH Challenge Season 1, 67 ideas were selected while in Season 2, 57 ideas were selected for implementation.

31

For details of the winning ideas log on to www.pemudah.gov.my

Malaysian MaritimeEnforcement Agency to be the sole agency to enforce the law in our

maritime areas

Malaysians can nowchoose between

automatic or manualtransmission forJPJ driving test

Goverment Agenciesand public can have

access to certaininformation inSSM database

Registration of secondchild: records ofparents can be

accessedvia JPN system

Social Visit Pass for medical tourists can be extended for another 6 months

besides the original 6 months duration

Role of PKK and CIDBon registration of

contractor licenses arecombined under CIDB

Season 1: Winning Ideas Season 2: Winning Ideas

Eliminate the need to provide marriage certificate for birth

registration of second child onwards

Establish an online pre-registration system

for counter services

All information on sub-soil investigations

carried out by the various technical

departments are kept in a central depository

databank for easy sharing

Establish an appointment ticketing system for counter services at

Government and Private Agencies

PKK and CIDB to make uniform the criteria for

class registration

JPA to only send Reminder Letters (Red Letters) to Defaulters

of the Bil Tuntutan Gantirugi Biasiswa Persekutuan JPA

32

For 2012, PEMUDAH in collaboration with the Ministry of Education (MOE), will implement the PEMUDAH Challenge Back to School for the primary school students which aims at:

- allowing students to have a say in the improvements in Government delivery as it pertains to their school lives; and

- encouraging students to think outside the box.

Two schools have been selected for the pilot initiative:

(i) Sekolah Kebangsaan Bukit Damansara (SKBD), Jalan Beringin, Kuala Lumpur; and

(ii) Sekolah Kebangsaan Seri Bintang Selatan (SKSBS), Taman Shamelin, Kuala Lumpur.

The programme will be expanded to other schools throughout the country.

In Collaboration with:

PEMUDAH CHALLENGE:Back To School

PEMUDAH MINISTRY OF EDUCATION

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