For more than a decade, DR Congo has embarked on a vast program of reforms in the context of improving its business climate. Among these reforms, mention should be made of the promulgation of Law No. 16/009 of 15 July 2016 laying down the rules relating to the general social security system. This Law comes into effect in January 2019.

In view of this important reform carried out within the framework of the "taxes and taxes payment indicator", more precisely with regard to social security, ANAPI in its capacity as an advisory body to the Central Government and Provincial Governments in matters to improve the business climate in the DRC, had this Thursday, December 27, 2018, a working session with experts from the National Social Security Fund, led by its Director General, Mrs. Agnès Mwad Nawej Katand.

This working session focused mainly on the aforementioned Law, which presents several innovations compared to the Decree-Law of June 29, 1961 on social security. These innovations are grouped into 3 main aspects:

Management structure
The members of the Board of Directors are appointed by Order of the President of the Republic for a term of three years, the Council of Ministers having been heard;
The Chairman of the Board of Directors is elected by his peers for a term of one year. The presidency is rotating;
The Director General, who is appointed by the Ordinance of the President of the Republic, is by right a member of the Board of Directors and is chosen by consensus of the social partners.

Subject persons
Apart from workers subject to the provisions of the Labor Code and assimilated workers, the new Law is extended to the following personalities:

State agents in public enterprises and establishments and in semi-public companies;
Volunteer insured
Services provided and conditions of benefit
With regard to this aspect, the new law innovates in relation to all the branches formerly managed by the National Institute of Social Security, namely:

Pensions branch;
Professional Risk Branches;
Family Services Branch.

At the end of this working session, the Director General of ANAPI, Mr. Anthony NKINZO Kamole made a plea in favor of companies subject to this Law. This plea focused on the following points:

The non-application of certain provisions of this law to income generated by businesses at the end of December 2018, given that the implementation of this reform is set for January 2019;

Popularize widely the prescriptions of this law using the appropriate communication channels in order to promote its appropriation to the target audience.

Observed a four-month moratorium on the application of penalties for any entrepreneur who does not comply with the provisions of this Law. This moratorium period would allow employers to adapt to the said reform;

At the end of this working session, the CNSS General Management approved the first two points of the advocacy led by ANAPI.

On the other hand, that relating to the moratorium will be the subject of examination at the level of the deliberative bodies of this State institution.