Agence Nationale pour la Promotion des Investissements

Resolving Insolvency

Administrateur — 2020-06-13T06:26:05Z

REFORMS

Establishment of control and monitoring mechanisms for a company in difficulty throughout the procedure which will either lead to its recovery or to its dissolution;
Adoption and promulgation of the Law on the body of judicial representatives.

Enforcing contracts

Administrateur — 2020-06-13T06:22:02Z

INDICES

Time (days): 610 to 300 days;
Service of documents instituting proceedings: from 20 to 15;
Hearing and judgment: from 300 to 240;
Execution of the judgment: from 290 to 250;
Cost (% of claim): from 80 to 60;
Lawyer fees: from 70 to 50;
Legal expenses: from 7.8 to 5.8;
Implementation costs: 2.8 to 1.8;
Quality of judicial procedures (0-18): from 7 to 12;
Business management (0-6): 0.5 to 3;
Alternative dispute resolution methods (0-3): from 2 to 3.

REFORMS

Application of OHADA Law through capacity building;
Training of magistrates, judicial personnel and legal professionals;
Distribution of Green Codes to magistrates, judicial personnel, administrations and public services;
Establishment of commercial courts in Kinshasa and throughout the national territory (Gombe and Matete), etc.
Establishment of Arbitration Centers;
Accession to the New York Convention on the enforcement of arbitral awards made abroad;
Adoption and promulgation of the Law on the modalities of application of Ohada Law in DRC.

Trading across borders

Administrateur — 2020-06-13T06:15:23Z

INDICES

Time to export: compliance with cross-border trade procedures (in hours): from 515 to 300 hours;
Export cost: compliance with cross-border trade procedures (in USD): from 2,223 to 1,000 Usd
Time to export: compliance with cross-border trade requirements (in hours): from 698 to 300 hours:
Export cost: compliance with documentation requirements (in USD): from 2,500 to 1,200 Usd;
Time limit for import: compliance with cross-border trade procedures (hour): from 588 to 290 hours;
Import cost: compliance with cross-border trade procedures (in USD): from 3,039 to 1,000 Usd;
Import time: compliance with documentation requirements (in hours): 216 to 105 hours;
Import cost: compliance with documentation requirements (in USD): from 875 to 425 Usd

REFORMS

Establishment of an Integral Single Window for Foreign Trade;
Simplification of import and export procedures;
Dematerialization of all foreign trade documents;
Integration of services involved in foreign trade within the SEGUCE electronic platform;
Reduction of import and export times;
Publication and dissemination of a manual of harmonized procedures applicable to the Integral Single Window for Foreign Trade;
Continuation of dredging works and improvement of the reach;
Upgrade Sydonia Word software and set up a new data center;
Implementation of an electronic cargo tracking system

Paying taxes

Administrateur — 2020-06-13T06:06:45Z

INDICES:

Number of payments (number per year): from 52 to 30;
Time (hours per year): 346 to 240;
Total payable per year (% of gross profit): from 54% to 46;
Profit tax (%): 27 to 24%.

REFORMS

Establishment of a single form for the declaration and monthly payment of taxes, social security contributions and employer contributions on the remuneration due to the DGI, the INSS, the INPP and the ONEM for large companies and SMEs;
Establishment of a Single Window for the payment of taxes, social security contributions and employer contributions on remuneration for large companies and SMEs;
Availability of the single form on the DGI website;
Implementation of remote procedures.

Getting credit

Administrateur — 2020-06-13T05:57:09Z

INDICES:

Legal rights reliability index: 6%;
Extent of credit information: 3%;
Coverage by private offices (% of adults): 2.5%

REFORMS

Establishment of a Security Register;
Creation of an office credit;
Accelerate the reform on the central of

Registering property

Administrateur — 2020-06-13T05:39:26Z

PROCEDURES

Title search in the register of the cadastre service;
Authentication of the deed of sale by the Conservative of real estate titles initiation of the title replacement process;
Site inspection, land valuation and establishment of the cadastral extract;
Establishment of the perception note DGRAD;
Payment of fees to the Commercial Bank;
Establishment of the new title deed in the name of the buyer.

TIME LIMIT AND COST

Deadline : 15 - 21 days
Cost : 3% of the market value for new titles; 1.5% of the market value for
contracts older than 10 years.

INTERVENING SERVICES:

Curator of real estate titles, DGRAD and the Bank.

REFORMS

Reduce transfer procedures from 9 to 5;
Reduce the time required to transfer real estate from 21 to 14 days;
Mandatory display of scales for obtaining the title of property, real estate property and the updating
of a cadastral plan;
Consolidate the ongoing reform relating to the securing of property titles and the digitization of the Land Cadastre;
Reinforce and revitalize the action of the litigation services already existing in Land Affairs;

Getting electricity

Administrateur — 2020-06-13T05:19:40Z

PROCEDURES

Opening of the file: Filling of the online form and deposit of the complete file containing, the civil engineering plans and the electrical diagrams;
Technical studies and approval of the request;
Technical inspection;
Signing of the contract and commissioning of the cabin

TIME LIMIT AND COST

Deadline : 18 days

Cost: The cost varies from one cabin to another. However, the deposit to be paid is included in the first 3 invoices, of monthly energy consumption under the heading "deposit" and its payment is spread over 3 months up to the amount due.

INTERVENING SERVICES:

SNEL and OVD (all within the single point)

REFORMS

Reduce the procedures for connecting to electricity from 6 to 3;
Improve the online demand for connection to medium voltage electricity;
Improve the online payment method by the banking system and / or by
mobile telephony;
Possibility given to the entrepreneur to make his request for medium voltage electrical connection online on the website: www.snel.cd and to pay his administrative fees. Publish the scales relating to the cost of connection to MV electricity on the SNEL website;
Set a scale for connection to electrical networks and review the structure of connection fees;
Publication of monthly statistics on the frequency and duration of power cuts in the sections "Gombe / Kinshasa and Limete / Kinshasa incident and interruption reports" on the SNEL website;
Integration of the procedure for requesting the excavation permit and the payment of the OVD form within the SNEL's one-stop shop installed in the Kinshasa Distribution Department (DDK).

Dealing with construction permits

Administrateur — 2020-06-13T04:33:51Z

Procedures

The building permit application file is submitted in triplicate, either to the Town Planning Department, or to the Urban Town Planning Division, etc. Two components:

Administrative

A request for a Building Permit, following the form to be completed;
A copy of the title deed certified true to the original by any legally established competent administrative authority.

Technical

A situation plan drawn up at the scale of 1 / 2000th intended for the location of the parcel concerned and indicating the surrounding islets and subdivisions within a radius of 200 to 500 m;
Ground plan on a scale of 1 / 200th,
Horizontal and vertical cuts,
The facades of the project,
The foundation plan,
The site plan,
The topographic plan,
Plumbing plan and diagram,
Electricity plan and diagram,
Elevator machinery plan and diagram,
Electromechanical installation plan and diagram,
Protection plan and scheme,
Soil lift calculations,
Material resistance and stability calculations,
Sealing provisions, neutralization of fats, indications on materials and destination of constructions,
The estimate and description.

Competent authorities to issue the building permit

In the Democratic Republic of Congo, the Building Permit is issued in the name of the State by:

The Secretary General in charge of Town Planning and Housing, throughout the national territory, for any building for non-residential use and the residential one of more than two floors (Competence of the Central Power).

The Head of Division of Town Planning, on the whole extent of the City of Kinshasa, of the Province, of the Decentralized Territorial Entity, for any building for residential use of two floors at most (Jurisdiction of the Provinces).

The Technical Commission for the analysis of building permit application files is chaired by a President. The members, with deliberative voice, composing the Commission are duly delegated to represent their respective public services.

Ministry of Town Planning and Habitat:

The Director of Town Planning, President: Town Planner, Architect, Construction Engineer, Urban Technician.
The Head of the Construction Acts Division, Permanent Secretary: Architect, Urban Technician, Engineer.
A delegate from the Urban Data Department: Sociologist.
A delegate from the Housing Department: Architect, Construction Engineer.

Ministry of Land Affairs:

A delegate from the Cadastre Department: Surveyor, Topographer Engineer.
A delegate of the Chief Curator of Real Estate Titles.

Minister of the Environment:

One delegate: Environmental Engineer.

Minister of Public Health:

One delegate: Hygiene and Health Technician

Ministry of Infrastructure and Public Works:

A delegate from the Directorate of Civil Buildings: Construction Engineer
A delegate from the National Laboratory of the Roads Office: Geotechnical Engineer.
A BEAU delegate: Planner or Urban Planner.
A delegate from the OVD: Engineer, Surveyor, Topographer

Water and electricity distribution service

To delegate of REGIDESO,
To SNEL delegate.

Federation of Enterprises in Congo (FEC)

An Architect delegate,
A construction engineer delegate. Whenever the need requires, the Commission may consult an Independent expert in an advisory capacity.

INSURANCE

Any builder (Architect, Engineer, Entrepreneur, Design office, Company or Construction company) is required to take out a compulsory insurance policy guaranteeing the owner against damage which would affect in whole or in part the work under construction until its final acceptance by the owner , in accordance with the Insurance Code in the Democratic Republic of Congo.

Compulsory ten-year liability insurance

The ten-year liability provided for in article 439 of the Civil Code, book III, is the subject, on the part of the manufacturer, of an insurance subscription which takes effect from the final acceptance. This guarantee benefits the owner or successive owners of the work, until its expiration.

He is also required to take out an insurance policy covering his civil liability
as regulated by articles 258 to 260 of book III of the Civil Code, for the entire
duration of the works until their final acceptance by the contracting authority. or his
representative This responsibility can be individual and / or collective.

TIME LIMIT AND COST

DEADLINE : 20 working days, from the date of submission of the application for persons in order to pay building tax.

COST: 1.8 USD / m²

REFORMS

Reduce the procedures for granting building permits from 9 to 6,
Reduce the deadline for granting a Building Permit from 30 to 20 days,
Bring back the signature of the Building Permit to the Administration, to the SG to Town Planning and Habitat for buildings under the Central Government and to
Heads of Urban Planning Divisions for Buildings in the Provinces and Decentralized Territorial Entities;
Reduce the deadline for issuing the certificate of conformity from 30 to 7 days;
Ensure construction control with the Société des Architectes du Congo;
Revitalize the Housing Department of the General Secretariat in order to fulfill the requirement of the presence of a delegate on the job as soon as the construction sites open;
Take implementing measures for the compulsory establishment of the “insurance” regime in the issuance of the Building Permit;
Establish the construction risk obligations regime.
Redesign of the website of the Ministry of Regional Planning, Town Planning and Housing: www.minatuhrdc.com

Starting a business

Administrateur — 2020-06-12T11:20:41Z

PROCEDURES

Verification of the corporate name instantly upon filing the file or before filing;
Release of share capital in an approved bank or in an approved micro-finance institution of its choice;
Correct completion of the Single Form in which the headings of all the services involved in the business creation process are integrated (National Economy, INSS, INPP, Ministry of the Environment, DGI, Municipality).

See the general procedures for setting up a business

TIME LIMIT AND COST

DEADLINE : Three working days (maximum), from the filing of the file, including proof of payment of administrative fees.

COST : 80 USD if the statutes are to be authenticated (notary) or 70 USD if the statutes are under private seal (at this cost, however, add 40 $ collected on behalf of the municipality to obtain authorization to 'opening of economic activities although this procedure is after the creation of a business) 40 USD for Establishments.

INTERVENING SERVICES AT GUCE:

The Notarial Office,
The Registry of the Trade and Furniture Credit Register,
The Tax Department (DGI),
A Scheduling Center of the General Direction of Administrative, State, Judicial and Participatory Revenue (DGRAD),
The Administration of the National Economy,
The National Social Security Institute,
The Environment Administration,
The National Employment Office,
The National Institute for Professional Preparation (INPP),
The General Labor Inspectorate;
Representation of Municipal Entities

MINIMUM CAPITAL:

Elimination of the minimum share capital requirement for the creation of a limited liability company, left to the free choice of the partners depending on the activities;
Freedom to set the minimum capital of the limited company as desired

REFORMS

Computerize and network all the services involved in the business creation process and represented at GUCE;
Establish an electronic monitoring system for the creation of an online business;
Reduce the deadline from 3 to 2 working days;
Reduce the cost of setting up a business from 120 to 80 USD or from 110 to 70 USD.

See the general procedures for setting up a business

Taxation

Administrateur — 2020-05-11T16:00:21Z

Ordinary tax regime

Tax	Material or taxable base	Rate
Corporate income tax	Profit made in Congo	30 %
Rental income tax	Renting buildings in Congo	22 %
Tax on income from movable property	(Dividend, Interest, Royalties) paid to Congo	20 %
Taxes on the surface area of land concessions	Surface area of properties located in Congo	Depending on the location of the dealership
Value Added Tax	Purchase of goods manufactured in Congo, purchase of services rendered in Congo, import of goods.	16 %
Business tax on remuneration	Gross salary of national and expatriate employees. It is dependent on the employee.	The rate is progressive and cannot exceed 30% of the gross salary.

Special tax and customs regimes

Tax and customs regime for the mining sector

Tax	Material or taxable base	Rate	Other advantages
Tax on the surface area of mining concessions	Mining Research Titles - For the first 2 years - After the first 2 years Mining titles	2.5 USD 26 USD 425 USD
Corporate income tax	Profit made in Congo	30 %	Exceptional depreciation Foreign currency bookkeeping
Tax on interest	Interest on foreign loans	0 %
Dividend tax	Dividend paid	10 %
TVA	Domestic sale: - to a processing company - to another entity Domestic Purchasing of Services
1st(Exceptional Tax on Expatriate Remuneration)		10 %	Tax deductible from profit
Mining royalty	Sale of Mineral Products Abroad	4 %	Calculated on the sales price minus sales and distribution costs

Investment Code regime

Tax	Rate	Observations
Duties and taxes on imports of machinery, plant and equipment	0 %	Excluding the 2% administrative tax and VAT (refundable)
Export duties and taxes	0 %
Income tax	0 %	For a period of 3, 4 or 5 years.
Proportional rights when creating SARLs or increasing their share capital.