Recent reforms
A. Starting a business
- Computerization of the services involved in the process of setting up a business.
- Networking of services involved in the process of setting up a business.
- Establishment of the online electronic monitoring system of the business creation file (e-guce), through the following link: e-guce.guichetunique.cd.
- Dematerialization of the business creation process.
- Dematerialization of the single application form for the creation of a company
- Consolidation of the abolition of the marital licence previously required of married women entrepreneurs to carry out economic and commercial activities and to set up their own businesses.
- Consolidation of the computerization of the RCCM and the search for the corporate name at the Single Window
- Integration of the ONEM’s employment declaration process within the Single Window for Company Creation and completion of the said formality within the said Single Window.
B. Dealing with construction permits
- The compulsory subscription of the "construction site" insurance policy as a preliminary element of the file for obtaining the building permit.
- Simplification of building permit application procedures from 9 to 6: (i) submission and opening of the file, (ii) examination of the file, examination or analysis and field visit, (iii) taxation and payment (establishment of expense account and collection note), (iv) payment to the bank and clearance by the public accountant, (v) preparation of the building permit and transmission of the file for signature, (vi) granting of the building permit to the owner.
- Effective delegation of the signature of the building permit to the Administration, that is to say to the Secretary General for Urbanism and Housing for the buildings falling under the jurisdiction of the Provinces and Decentralized Territorial Entities.
- Abolition of administrative and technical fees in the delivery of the building permit.
- Strengthening of the quality aspect in the delivery of the Building Permit by introducing a delegate from the Private Sector (Society of Architects of Congo) within the Technical Commission for the Analysis of Building Permit Application Files.
- Improvement of the quality aspect in the delivery of the building permit by instituting the obligatory delivery of a ’’certificate of conformity’’.
- Revitalization of the Directorate of Urban Planning and Housing, at the national, provincial and local levels: (i) obligation to carry out a conformity control before, during and after construction
- Issuance of the building permit within 20 working days, from the date of submission of the complete file.
- Increase in the number of Urban Divisions in Kinshasa from 4 to 10
- Reduction of the time to connect to the water network from 15 to 8 days.
- Introduction of the regime of construction risk obligations.
- Introduction of compulsory ten-year liability insurance
C. Getting electricity
- Consolidation of the Single Window for processing applications for connection to medium-voltage electricity set up within the Kinshasa Distribution Department of SNEL:
- Effective integration of the application procedure for the Excavation Permit issued by the OVD into the SNEL’s Single Window for processing applications for connection to medium voltage electricity.
- Payment of the fees for the application form for the Excavation Permit issued by the OVD at the SNEL single point, as well as the fees for the estimate of the work (clarifications to be obtained at the end of the impact survey).
- Excavation Permit (authorization to cut and repair the roadway for connection to medium-voltage electricity within five working days of the request;
- Consolidation of the obligation to apply for connection to medium-voltage electricity only online via the SNEL website www.snel.cd.
- Introduction of transparency in the setting of tariffs;
- Improving the quality of the SNEL’s services by installing smart meters (remote reading meters) and making available statistics on the duration and frequency of power cuts and electricity supply on the SNEL’s website.
- Implementation of comprehensive monitoring mechanisms on the SNEL website of the duration and frequency of electricity outages (the Average Duration of Service Interruption Index (IFMIS).
- Publication of the scales relating to the cost of connection to electricity on the SNEL website.
- Introduction of a new tariff for the payment of electricity consumption bills.
- Introduction of a new estimate for the connection to electricity.
- Implementation of a national dispatching system in order to reduce the duration of electricity interruptions and the time of unavailability of intervention during an interruption in the supply of electricity.
D. Registering proprety
- Reduction of the real estate transfer time to 15 working days.
- Reduction in the number of procedures from 8 to 5 : (i) petitioner’s request, analysis and request for cadastral works, (ii) establishment of the mission order, field visit, establishment of the spreadsheet, preparation of the situation sketch, preparation of the minutes and the administrative report, (iii) assignment of the cadastral number and signing of all cadastral deeds by the technician and the Head of the Cadastral Division, (iv) preparation of all the deeds of the land domain, registration and notary’s office, taxation and payment (Public Treasury, EAD and security) and (v) reception at the registry and signing of all the deeds and titles by the Registrar of Real Estate Titles, dispatch.
- Reduction of the rate of proportional duties levied on the occasion of real estate transfer from 5 to 3% of the market value of the property for new contracts and to 1.5% for contracts of more than 10 years.
- Reduction in the cost of securing land and property titles.
- Elimination of administrative costs.
- Mandatory posting of procedures, deadlines and costs of operations in the land districts.
- Consolidation of the revitalization and strengthening of the litigation services of the Ministry of Land Affairs.
- Establishment of strict deadlines for the resolution of land disputes at the administrative level (20 working days after the field visit).
- Increase in the number of land districts in the city of Kinshasa from 5 to 10.
- Provision of information on procedures, time frames and costs of land transfer in the land districts.
- Coverage of land conservation for all private plots of land in the city Province of Kinshasa.
- Coverage of land conservation for all private plots of land in the country.
- Obligation to register all sales of real estate in the land register so that these transactions are enforceable against third parties.
- Equal access to property rights for all (singles, married men and women) under the new Family Code.
- Gradual digitization of the land cadaster through the establishment of a secure database, housed in a national server (Establishment of the Ministry of Land Affairs’ website containing all data on secure land and property titles in the DRC (www.reforme-fonciere.net)
- Establishment of a special unit in charge of processing commercial mutation files.
- Creation of new districts in the City of Kinshasa.
- Mandatory signature of the deeds of commitment by the custodians of real estate titles (no superimposition of land titles.
- Mandatory posting of all fees in the districts.
- Extension of the single form for the declaration of taxes, social security contributions and employer’s contributions on remunerations due to the DGI, CNSS, INPP and ONEM to medium-sized enterprises.
- Establishment of a Single Window for the declaration and payment of taxes, social security contributions and employer’s contributions on remuneration due to the DGI, CNSS, INPP and ONEM.
- Implementation of a new modern law on the social security system in the DRC.
E. Paying Taxes
- Institution of teleprocedures, in particular telereporting.
- Reduction of the penalty rate from 4% to 2% interest on arrears per month.
- Rationalization of tax administrations’ interventions with taxpayers.
- Rationalization of central and provincial taxation and parafiscal authorities by publishing the new nomenclature of taxes, duties, fees and royalties of the Central Power, Provinces and Entities of the Decentralized Territories.
- Suspension of the payment of disputed duties, provided that at least 10% of the total amount disputed has been paid.
F. Trading across borders
- Effective operation of the electronic platform of the Foreign Trade Single Window Company (SEGUCE). The following operations are carried out there: (i) registration of the company within the SEGUCE electronic platform, (ii) free training available to the company, (iii) provision of a personal identifier to the company to enable it to connect at any time to the SEGUCE electronic platform via internet connection or private network, (iv) creation of the file in the Integral Single Window for Foreign Trade by filling in all the applications for online ministerial authorizations and model IB licenses (import of goods), (v) payment of all fees in all the 18 banks in the DRC via the single payment slip, (vi) obtaining the various permits required for customs clearance (AV, FERI/FERE/AD, Loan Lot, Ministerial Authorizations).
- Accessibility to the dematerialized electronic platform of the Integral Single Window for Foreign Trade 24/24h.
- Implementation of a new Excise Code in the Democratic Republic of the Congo.
- Interfacing of the Sydonia Word software of the customs with the electronic platform of SEGUCE.
- Access to the Sydonia Word customs software via the Internet and establishment of an autonomous DGDA network.
- Implementation of the electronic tracking system for cargo in transit and other goods (CVTFS).
- Implementation of signposts at border posts and posting of the tariff grid at all posts.
- Reinforcement of application monitoring for early detection of incidents.
- Establishment of an automated customs system.
- Interfacing and interconnection between SEGUCE’s electronic platform and Customs’ Sydonia Word software.
- Abolition of all illegal barriers in maritime, river, lake and road traffic
G. Getting credit
1. Establishment of a security rights registry. 2. Electronic registration of security rights at theone stop shop for starting a business 3. Implementation of the enforcement measures of the Law on Leasing. 4. Extension of the Central Bank’s "Isys-Ceri" application that shares real-time information on credit applicants with commercial banks and micro-finance institutions. 5. Establishment of the national electronic payment system; 6. Setting up of the mobile money payment system; 7. Measures taken to facilitate the creation of bank accounts and access to credit. |
H. Resolving Insolvency
Mandatory reminder of the procedures to be followed by companies in difficulty in the DRC in compliance with the OHADA Uniform Act relating to collective procedures for the settlement of liabilities.
- Enforcing contracts
Determination of the competent authority responsible for affixing the executory formula to judgments of the CCJA
Tweet Partager