Albania - China CEEC SME

PROMOTING ENTREPRENEURSHIP

BUSINESS ENVIRONMENT

HOW TO START A BUSINESS IN ALBANIA?

The Law “On Foreign Investments” attempts to create a hospitable investment climate. The law provides guarantees to all foreigners (either physical or judicial persons) willing to invest in Albania and stipulates the following:

No prior government authorization is needed and no sector is closed to foreign investment;
There is no limitation on the percentage share of foreign participation in companies – 100% foreign ownership is possible;
Foreign investors have the right to expatriate all funds and contributions in kind of their investment;
Albania’s tax system does not distinguish between foreign and domestic investors;
There are no restrictions on the purchase of private residential property;
Foreign investments may not be expropriated or nationalized directly or indirectly and will not be subject to any measure or similar action, except for public purposes determined by law. Foreign investments will be treated in a non-discriminatory manner and paid immediately, in a fair and effective manner, in accordance with the law;
In all cases and at all times investments will have an equal and unbiased treatment, and will have complete protection;
There are no restrictions on the purchase of private residential property;

There are limited exceptions to this liberal investment regime, most of which apply to the purchase of real estate:

Agricultural land cannot be purchased by foreigners and foreign entities, but may be rented for up to 99 years; and
Commercial property may be purchased, but only if the proposed investment is worth three times the price of the land.

Investors in Albania are entitled to judicial protection of legal rights related to their investments. The Albanian Civil Procedure Code outlines provisions regarding domestic and international commercial arbitration. The ICSID Convention has entered into force for Albania since November 14, 1991.

Further information on: www.aida.gov.al

REGULATORY ENVIROMENT

Business registration in Albanian legislation

In 2007, with the approval of the Law no. 9723, date 03/05/2007, “On business registration”, amended, was established the National Registration Center, under the concept of one-stop-shop for the business registration. Also, with the approval of the foresaid law, it was established the commercial register. The Commercial Register is a unique database of the subjects that according to the Albanian law exercise a commercial economic activity. The Commercial Register is kept in electronic form.

The establishment of the National Registration Center, as one-stop-shop, significantly improved the business registration process in Albania, since the entire process ceased to be a judiciary process performed by the judicial courts taking a long time to be completed, and become entirely an administrative process completed within 24-hours based on the self-declarations and documents prepared by the entity itself.

The Law no. 131/2015, “On the National Business Center”, which establishes the new institution National Business Center (NBC) was adopted on 26.11.2015., where among the functions of this centre is to complete the registration in the commercial register and handling of licensing, authorization and permitting procedures. For the implementation of the Law No 31/2015 of 26.11.2015., there were approved:

Decision of Council of Ministers No 179 of 9.03.2016. “On the approval of the Statute of the National Business Centre”. The Decision stipulates the tasks, the structure, functioning and financing of the National Business Centre;
Order of Minister of Economic Development, Tourism, Trade and Entrepreneurship No 1556/1 of 30.03.2016. “On the approval of numbers and spreading in the territory of windows of the National Business Centre”;
Order of Minister of Economic Development, Tourism, Trade and Entrepreneurship No 2513 of 30.03.2016. “On the approval of forms and certificates of the National Business Centre to carry out the functions of registration, licensing and permitting”.

Further information on: www.qkr.gov.al,

www.e-albania.al

Intellectual Property Rights

General Directorate of Patents and Trademarks is member of the most important international agreements in Intellectual Property, and is also a member of World International Intellectual Property Organization (WIPO) and European Patent Office (EPO). With e view of meeting the obligations arising from the membership, and also to fulfill the objectives and commitments undertaken from Albania related to Intellectual Property rights, under the framework of the implementation of Stabilization Association Agreement and Integration into European Union, GDPT pays special attention to the implementation and development of issues related with international relations on intellectual property.

All relevant information about Intellectual Property Rights protection can be obtained from the General Directorate of Patents and Trademarks (www.dppm.gov.al).

TAX REGIME

Tax authority:

The General Tax Department is the administrative organization under the Ministry of Finance and Economy whose basic task is to implement tax regulations and regulations concerning the payment of obligatory contributions.

Further information on: www.tatime.gov.al

ACCESS TO FINANCE

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ENTREPRENEURIAL INFRASTRUCTURE

BUSINESS ZONES

Ministry of Finance and Economy, has one of the largest data-bases of the available business zones in Albania, including all relevant information.

In the framework of the economic policy of the Government, for the re-activation and development of economic zones, it is in force the basic law on Technology Zones and Economic Development (TEDA), Law 54/2015 “On Amendments and Additions to Law No. 9789, dated 19.07.2007 “On the Establishment and functioning of economic zones”, as well as other sub-legal acts in implementation of the law.

The purpose of creating TEDAs:

TEDAs provide a suitable structure for attracting domestic and foreign investors by eliminating bureaucracies, increasing business security, and ensuring faster movement of goods and capital.

Regarding the current status of Economic Zones in Albania:

The Area of Technology and Economic Development Spitallë, Durrës, was announced with the Decision of Council of Ministers (DCM) 262, dated 06.04.2016 “On the Announcement of the Area of Technology and Economic Development in Durrës Spitale” in an area of 199.7 ha. The purpose of creating the area is: manufacturing, industrial and agro-processing, trade and various services.
With DCM no. 463, dated 22.06.2016 “On the Announcement of the “Area of Technology and Economic Development” amended Koplik, Malësi e Madhe, has been announced the TEDA with a surface of 61 ha. The purpose of creating the area is: manufacturing, industrial and agro-processing, trade and various services.
The economic area with the status of “Industrial Park” Vlora, with the surface of 125 ha, was announced by DCM no. 774, dated 04.06.2008
By DCM no. 105, dated 09.02.2001 “On the Announcement of the Economic Zone with the status “Industrial Park” in the territory Rrashbull Durrës” was approved the establishment of an economic zone with a surface of 16.52 ha.
Economic Zone with the status “Industrial Park Shëngjin, Lezha”, with a total area of 3.2 ha, with state-owned ownership announced by DCM no. 11, dated 04.01.2008.

What is offered to developers?

fiscal and economic incentives for developers and users;
customs incentives;
administrative and financial incentives
infrastructure within TEDA area (water, electricity, communication, sewage and drainage facilities);
promotion of TEDA through AIDA and various ministries.
land with a symbolic price of 1 Euro.

In the framework of promoting foreign investments in Albania, to make the most attractive areas and to create appropriate conditions for the business that will invest in these areas many fiscal incentives are offered fot TEDA, such as:

Exemption from VAT for Albanian goods entering TEDAs
Exemption from VAT and customs duties for goods transported from one TEDA to another
Capital expenses are 20% deductible during a period of 2 years if developers and users invest in TEDAs within three years of commencement of operation
Developers and users shall be exempted from 50% of the profit tax rate for a period of 5 years
Developer’s project shall be exempted from infrastructure taxes
Exemption from real estate taxes for buildings inside TEDAs, for a period of 5 years
Buildings transferred to the TEDA are not subject to the transfer tax on real estate
Expenditures for Research and Development are recognized as expenses twice on the value for a period of 10 (ten) years from the beginning of the economic activity.
Expenditures on salaries and social and health contributions paid by the employer to the employee are recognized at 150% of the value during the first fiscal year of the activity. In subsequent years, additional wage costs are recognized as expenses at 150% of the value;
Training costs of employees in technology and economic development areas are recognized tax expenses with double of the value for a period of 10 (ten) years from the beginning of the economic activity;
Goods can be transported from one TEDA to another without paying customs duties.

Further information on: www.financa.gov.al

INVESTMENTS

WHY INVEST IN ALBANIA?

Reasons why to invest in Albania

Liberal and reformist investment climate
Competitive Labor cost
Young and well educated population
Competitive taxation and incentives
Optimal geographic location
Strong growth potential
Free economic zones
Free access to large markets
Macroeconomic stability

The focus for the future development of the Albanian economy will remain on attracting FDIs with a focus on sectors where the Albanian economy has unexploited potential both in terms of natural resources as well as in developing sectors that are not yet performing to their full potential, such as renewable energy, tourism, agribusiness, infrastructure and services. Albania has adopted a liberal framework, which has been designed to create a favorable investment climate for foreign investors.

Albanian Investment Development Agency is a central point for investors in the Republic of Albania. Regarding the strategic investments the FDI Department is able to:

Facilitate administrative procedures and reduce legislative complexity for strategic investments
Due diligence procedure (AIDA completes the due diligence within 30 days of the submission of an application)
Support with the necessary infrastructure
Provision of immovable assets to develop and implement strategic investment projects

Further information on: www.aida.gov.al