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1.
I am a foreigner and I would like to invest in the Philippines,
what is the first thing I should do
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- If
you are producing goods for the domestic market and there
will be no export activity, you may register your business
as a sole proprietorship under the foreign investments Acts
of 1991:
-
Make sure that your business activity does not fall under
the Foreign Investment Negative List which has two components:
List A enumerates the areas of activities reserved to
Philippine nationals mandate of the Constitution and specific
laws, and List B contains areas of activities which are
defense-related and which have implications on public
health and morals;
- Your
initial paid-in capital under the amended Foreign Investments
Acts (R.A 8179) must not be less than Two hundred Thousand
US dollars (US$200,000); if your business would involve
advanced technology as determined by the Department of
Science and Technology (DOST) or it would employ at least
fifty (50) direct employees, a minimum paid-in capital
of One Hundred thousand US dollars (US$100,000) is allowed;
- Apply
with the Department of Trade and Industry Provincial Office
where your business will be located and register your
Business Name (BN);
-
With a BN Certificate of Registration, you proceed to
get a Barangay Permit, Mayor's Permit & go to BIR.
- If
you will be joining a corporation or forming one:
- Your
corporation can be 100% foreign-owned if this is located
in an Export Processing Zone or Special Economic Zone
and qualify for incentives under the Philippine Economic
Zone Authority (PEZA);
- Based
on the type of business activity, your foreign equity
participation will depend on what is stipulated in the
Foreign investment Negative List.
- Register
with the Securities and Exchange Commission; get a Barangay
Permit, Mayor's Permit & go to the BIR.
- If
you will be joining a corporation or forming one:
- Your
corporation can be 100% foreign-owned if this is located
in an Export Processing Zone or Special Economic Zone
and qualify for incentives under the Philippine Economic
Zone Authority (PEZA);
- Based
on the type of business activity, your foreign equity
participation will depend on what is stipulated in the
Foreign investment Negative List.
- Register
with the Securities and Exchange Commission; get a Barangay
Permit, Mayor's Permit & go to the BIR.
- If
your products is at least 70% for export or if the activity
is among those listed in the Investment Priorities Plan
then your company may be registered and qualify for incentives
with the Board of Investments (BOI):
-
apply with the BOI-Cebu Extension Office.
- Your
initial paid-in capital under the amended Foreign Investments
Act (R.A. 8179) must not be less than Two Hundred Thousand
US dollars (US$200,000); if your business would involve
advanced technology as determined by the Department of
Science and Technology (DOST) or it would employ at least
fifty (50) direct employees, a minimum paid-in capital
of One Hundred Thousand dollars (US$100,000) is allowed;
- Apply
with the Department of Trade and Industry Provincial Office
where your business will be located and register your
Business name (BN);
- With
a BN Certificate of Registration, you proceed to get a
Barangay Permit, Mayor's Permit & go to the BIR.
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| 2.
What are my rights and privileges as a foreign investor?
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- As
a foreign investor, the following are your rights and privileges;
- Right
to repatriate the entire proceeds of the liquidation of
the investments in the currency in which the investment
was originally made at the exchange rate at the time of
repatriation.
- Right
to remit earnings from the investments in the currency in
which the investment was originally made at the exchange
rate at the time of remittance.
- Rights
to payments of interests and principal on foreign loans
and contacts.
- Properties
represented by the investments or of the enterprises shall
be exempted from expropriation by the government except
for public use or in the interest of national welfare and
defense.
- The
government except for public use or in the interest of national
welfare and defense shall not demand properties represented
by the investments or of the enterprises.
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3.
Can I, a foreigner, own land in the Philippines? What
options
do I have? |
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No,
As mandated by the Constitution, only Philippine nationals
or 60% Filipino-40% foreign-owned companies may acquire
land in the country.
Foreigners,
however, can lease land for a period of 50 years with the
option of extension for another 25 years. Foreigner may,
however, own buildings.
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| 4.
What advantages do I get in locating in an industrial
estate? |
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In an
industrial park, the basic infrastructures are already in
place. Water, electricity' telephone and other facilities
are already available for immediate connections. The road
network inside and outside the industrial estate is already
pre-developed. Proper zoning (industrial, residential, commercial
and recreational areas) inside the park is also predetermined,
with the industrial lots simply waiting for the construction
of the factory needed by the locator firm. Moreover, the
Locator Company is given the assistance in securing local
licenses and permits necessary for the construction and
operation of the business.
Industrial
estates are normally divided into two areas: a Customs Bonded
and a Non-Customs Bonded Area. If the locator company is
highly import dependent, it is advised to locate within
the Customs Bonded Area. Doing so, its imported (raw materials,
supplies and equipment) will not be subjected to Customs
Inspection at the port but rather at the company's premises
inside the industrial park.
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5.
Other than the wage/salary, what other costs or benefits
do I have to give my employees? |
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Based
on the 1997 Labor code of the Philippines, the other costs/
benefits that have to be given to employees are the following:
-
SSS Premium Contribution
- Service
Incentive Leave
- Medicare
- State
Insurance Fund/Employees
- Compensations
Program Benefits
- Maternity
Leave
- Paternity
Leave
- 13th
Month Pay
- Pag-ibig
Contribution
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6.
How will I import capital equipment? Are there
restrictions in importation?
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A company
qualified for tax exemptions on the importation of its equipment
must secure prior approval from its governing agency before
actual importation can be made.
Regular
importation is made through Authorized Agent Bank (ABB).
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7.
How will I import raw materials/supplies? Are there
restrictions in importation? |
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The
importation of raw materials has already been liberalized.
Therefore the importer simply has to proceed to an ABB to
open the necessary letter of credit or other modes through
which payment will be made.
There
are, however, regulated items that require clearance from
the concerned agency prior to importation, and items whose
importation is prohibited.
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| 8.
Application for Barangay Clearance/ Permit? |
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Barangay
Permit is given by the Barangay where your business will
be located. The fee is PhP 50.00 and the processing time
is, at most, two (2) days.
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9.
How does one go about applying for a Mayor's
Permit/ Municipal License to Operate? |
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To
get this permit/license to operate, present the following
documents at the Licensing Section of the Mayor's Office
where your business is located:
-
Lease Contract of Building
- Barangay
Clearance/Permit
- Application
Form with sketch of Location of building at the back
The
following fees are collected:
-
Permit Fee- .002% of capital declared if new or based
on gross sales if operating
- Business
Tax- .0005% of declared capital
- Zoning
Fee- per Schedule
- Office
of Building Officer (OBO) Fee- per schedule
- Garbage
Fee- per Schedule
- Cebu
Fire Dept. Fee- 10% of all fees paid excluding the business
tax
The
processing time is one (1) week.
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| 10.
What is done at the Bureau of Internal Revenue (BIR)? |
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With
the Mayor's permit, the following are done at the BIR:
-
Business Registration/Application for Value Added Tax
(VAT) Number. Filing FEE is PhP 1,000.00 and processing
time is three (3) days.
- Registration
of Books of Accounts. No filing fee; one day processing
time
- Application
for Taxpayers Identification No. (TIN) No filing fee and
processing time is one (1) week.
- Authority
to Print Official Receipts. The printer applies directly
with the BIR in behalf of the customer. No filing fee
and processing time is one (1) day.
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11.
What are the requirements of the Dept. of Labor and
Employment (DOLE)?
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Any
foreigner who will work in the Philippines is required to
secure an Alien Employment Permit (AEP) from the DOLE in
the specific Region
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12.
What alternative visas can a foreigner have in order to
stay
in the country on
business? How do I apply for these? |
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The
government agency handling visa concerns is the Commission
on Immigration and Deportation. Below are types of visas,
their descriptions and definition for easy reference:
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TYPE
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DESCRIPTION
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DEFINITION
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9
(a)
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Tourist
/ Visitor Visa
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An
alien coming to the Philippines for business or for
pleasure or for reasons of health. |
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9 (c)
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Seaman's
Visa
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A
seaman serving as such vessel arriving at a port of
the Philippines and seeking to enter temporarily and
solely in the pursuit of his calling as a seaman. |
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9
(d)
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Treaty
Trader or Treaty Investor Visa
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An
international traders/investor with his wife and unmarried
children below 21 years old of age engaged solely in
carrying on trade between the Philippines and foreign
states (Japan, USA, Germany) of which they are national
or solely to develop and direct the operations of an
enterprise in which he has substantially invested or
in process of investing.
An alien employed in supervisory or executive character
by a treaty investor/trader. |
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9
(g)
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Pre-arranged
Employment Visa |
An
alien coming to pre-arranged employment with his wife
and unmarried children below 21 years of age. |
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13
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Pre-arranged
Employment Visa |
An
alien who seeks entry into the Philippines for permanent
residence and who does not qualify under any of the
category of non-quota immigrant provided under section
13 a to g; not exceeding 50 years of age of any one
nationality for any one calendar year; with substantial
investment in the Philippines. |
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13(a)
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Non-qouta
Immigration |
The
wife or husband or the unmarried child under 21 years
of age of a Philippine citizen if accompanying or following
to join such citizen. |
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47(a)
2
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Special
non- Immigration Visa |
A
foreign national under employment contract with BOI/PEZA
registered firms, his spouse and unmarried children
under 21 years of age. |
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EO 226 Book III Art. 59
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Foreign
personnel of regional or area headquarters of multinational
companies, their spouses and unmarried children under
21 years of age. |
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PD
1034 Section 7
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Foreign
personnel of offshore banking units of banks duly licensed
by the Bangko Sentral ng Pilipinas to operate as such,
their spouses and unmarried children under 21 years
of age. |
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SIRV
under EO 226
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Special
investor's Resident Visa (SIRV EO266) |
An
alien, except nationals of countries that are classified
as restricted and who are willing and able to invest
at least US$75,000. |
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SIRV
under EO 63
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Special
investor's Resident Visa (SIRV EO63) |
Any
alien, except nationals of countries that are classified
as restricted and who are willing and able to invest
at least US$50,000 in tourist-oriented projects. |
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SRRV
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Special
Retiree's Resident Visa (SRRV) |
Any
alien, except nationals of countries that are classified
as restricted and who are willing and able to invest
at least US$75,000 depending on the age of applicant. |
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13.
How can I convert my 9(a) visa to an immigrant visa or
to
any of the above-mentioned
alternative visas? |
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Normally
visas have to be converted into 9(a) before the same can
be converted to immigrant or other alternative visas, unless
the present is still valid.
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