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2008 Assessment

Turkey: Integrity Indicators Scorecard

Turkey: Integrity Scorecard Report > Sub-Category: Business Licensing and Regulation
Indicators		Score
70	Are business licenses available to all citizens?	94
71	Are there transparent business regulatory requirements for basic health, environmental, and safety standards?	100
72	Does government effectively enforce basic health, environmental, and safety standards on businesses?	25

Indicator and sub-Indicator Details

Are business licenses available to all citizens?

70a: In law, anyone may apply for a business license.

Score:

YES

Comments: An official license is required for all businesses.

References: Law No. 3572 on License for Opening a Workplace and Business: [ LINK ]

Regulation 2005/9207 on License for Opening a Workplace and Business: [ LINK ]

Law No. 5216 on Metroplitan Municipalities: [ LINK ]

Law No. 5393 on Municipalities: [ LINK ]

Law No. 5442 on Provincial Special Administration: [ LINK ]

Law No. 1593 on Public Sanitation: www.nvi.gov.tr/Files/File/Mevzuat/Nufus_Mevzuati/Kanun/pdf/umumi_hif_kanunu.pdf

Law No. 2559 on Duties and Responsibilities of Police: [ LINK ]

Law No. 4562 Organized Industrial Zones: [ LINK ]

70b: In law, a complaint mechanism exists if a business license request is denied.

Score:

YES

Comments:

References: 1982 Constitution, Article 125: "Recourse to judicial review shall be available against all actions and acts of administration." [ LINK ].

Law No. 3572 on License for Opening a Workplace and Work, [ LINK ]

Regulation 2005/9207 on License for Opening a Workplace and Work, [ LINK ]

70c: In practice, citizens can obtain any necessary business license (i.e. for a small import business) within a reasonable time period.

Score:

100

Comments: It depends on the scope of activity of the business. A license for business can be obtained in ten days to one month period if the requirements are met.

References: Regulation 2005/9207 on License for Opening a Workplace and Business: [ LINK ]

Perihan Sari, former Business Inspector, Ministry of Labor and Social Security, Secretary General of Federation of Revolutionary Labor Union, September 2008.

World Bank's Doing Business Survey: [ LINK ]

70d: In practice, citizens can obtain any necessary business license (i.e. for a small import business) at a reasonable cost.

Score:

100

Comments: It depends on the scope of activity of the business. License fees are determined by municipal governments. For example, in Bursa Metropolitan Municipality, the fee is $0.30 cents per square meter.

References: Perihan Sari, former Business Inspector, Ministry of Labor and Social Security, Secretary General of Federation of Revolutionary Labor Union, September 2008.

Bursa Metropolitan Municipality fees, [ LINK ]

Are there transparent business regulatory requirements for basic health, environmental, and safety standards?

71a: In law, basic business regulatory requirements for meeting public health standards are transparent and publicly available.

Score:

YES

Comments: In addition to the regulatory requirement listed in Sources, there are several other laws and regulation and statutes governing public health standards for businesses (see Ulusal article in Sources).

References: Law No. 4857 on Labour Articles 77-83: [ LINK ] 1.5.4857&Mevuzatlliski= 0sourceXmlsource=is%20kanunu

Law No. 818 on Liabilities Article 332: [ LINK ]

Law No. 5393 on Municipalities Article 53: [ LINK ]

Law No. 506 on Social Security: [ LINK ] Sigorta

Law No. 1593 on Public Sanitation: www.nvi.gov.tr/Files/File/Mevzuat/Nufus_Mevzuati/Kanun/pdf/umumi_hif_kanunu.pdf

Statute No. 7/7583 on Labour Health and Security: [ LINK ] sal11

T.C. Ulusal Is Sagligi ve Guvenligi Politika Belgesi (2006-2008), 20 Ocak 2006, Ankara, [ LINK ]

71b: In law, basic business regulatory requirements for meeting public environmental standards are transparent and publicly available.

Score:

YES

Comments:

References: 1982 Constitution Article 56: [ LINK ]

Law No. 2872 on the Environment: [ LINK ]

List of other regulations: [ LINK ]

71c: In law, basic business regulatory requirements for meeting public safety standards are transparent and publicly available.

Score:

YES

Comments:

References: Law No. 5179 on Food Production, Consumption and Control, [ LINK ]

Law No. 3359 on Health Services, [ LINK ]

Decree No. 181 on the Establishment and Duties of the Ministry of Health, [ LINK ]

Law No. 1539 on Public Health, [ LINK ];

Law No. 6197 on Pharmacists and Pharmacies, [ LINK ]

Law No. 1219 on Medicine and Medical Science, [ LINK ]

Law No. 992 on Public Bacteriology and Chemical Laboratories, [ LINK ]

Other regulations and statutes: [ LINK ]

Does government effectively enforce basic health, environmental, and safety standards on businesses?

72a: In practice, business inspections by government officials to ensure public health standards are being met are carried out in a uniform and even-handed manner.

Score:

100

Comments: According to governmental and non-governmental sources, there are severe problems concerning occupational standards and safety in various workplaces. For instance, in the Tuzla dockyard, located near Istanbul, about 20 workers have died since 2005 due to unhealthy working conditions.

The legislation regarding public health standards is not effectively enforced by some of the relevant authorities. According to the business inspection reports, several undue practices were observed and administrative fines were applied. These reports called for the local authorities, as well as prosecutors, to take legal actions.

References: "Skyrocket Exploded Like a Bomb," [ LINK ]

"In Tuzla, We Don't Work with Wool," [ LINK ]

Chamber of Architects and Engineers, Occupational Health and Security (in Turkish), 6.5.2008, [ LINK ]

T.C. Calisma ve Sosyal Guvenlik Bakanligi Is Teftis Kurulu Baskanligi, Occupational Health and Security (in Turkish), 2005.

Perihan Sari, former Business Inspector, Ministry of Labor and Social Security, Secretary General of the Federation of Revolutionary Labor Union, September 2008.

72b: In practice, business inspections by government officials to ensure public environmental standards are being met are carried out in a uniform and even-handed manner.

Score:

100

Comments: The legislation is not effectively enforced by some of the relevant authorities. According to the business inspection reports, several undue practices were observed and administrative fines were applied. These reports called on the local authorities as well as prosecutors to take legal actions.

In January 2008, 20 workers died in an accident. The incident happened in a workplace that had been closed several times by the authorities but unsealed by the owner and operated illegally.

References: "Skyrocket Exploded Like a Bomb," [ LINK ]

"In Tuzla, We Don't Work with Wool," [ LINK ]

Chamber of Architects and Engineers, Occupational Health and Security (in Turkish), 6.5.2008, [ LINK ]

T.C. Calisma ve Sosyal Guvenlik Bakanligi Is Teftis Kurulu Baskanligi, Occupational Health and Security (in Turkish), 2005.

Perihan Sari, former Business Inspector, Ministry of Labor and Social Security, Secretary General of the Federation of Revolutionary Labor Union, September 2008.

72c: In practice, business inspections by government officials to ensure public safety standards are being met are carried out in a uniform and even-handed manner.

Score:

100

References: Tuzla'da Teftisler Basladi, [ LINK ]

"Skyrocket Exploded Like a Bomb," [ LINK ]

"In Tuzla, We Don't Work with Wool," [ LINK ]

Chamber of Architects and Engineers, Occupational Health and Security (in Turkish), 6.5.2008, [ LINK ]

T.C. Calisma ve Sosyal Guvenlik Bakanligi Is Teftis Kurulu Baskanligi, Occupational Health and Security (in Turkish), 2005.

Perihan Sari, former Business Inspector, Ministry of Labor and Social Security, Secretary General of the Federation of Revolutionary Labor Union, September 2008.