ANAPI: Recent reforms

Setting up a company

1. Computerisation of the services involved in the business start-up process.
2. Networking of services involved in the business start-up process.
3. Introduction of the online electronic monitoring system for business start-ups (e-guce), via the link below: e-guce.guichetunique.cd.
4. Dematerialising the business start-up process
5. Dematerialisation of the single application form for setting up a business
6. Consolidation of the abolition of the marital authorisation previously required of married women entrepreneurs to carry out their economic and commercial activities and set up their own business
7. Consolidation of the computerisation of the RCCM and the search for the company name at the Guichet Unique
8. Integration of the ONEM's recruitment declaration process within the One-Stop Company Creation Shop and completion of the said formality within the said One-Stop Shop.

Planning permission

1. Compulsory "worksite" insurance policy as a prerequisite for obtaining planning permission
2. Simplification of building permit application procedures from 9 to 6: (i) submission and opening of the file, (ii) examination of the file, review or analysis and visit to the site, (iii) assessment and authorisation (establishment of expense and collection notes), (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.
3. Effective delegation of the signature of building permits to the Administration, i.e. to the Secretary General for Urban Planning and Housing for buildings under the jurisdiction of the Provinces and Decentralised Territorial Entities.
4. Elimination of administrative and technical costs when issuing planning permission
5. Reinforcing the quality aspect in the issuing of building permits by introducing a delegate from the private sector (Société des Architectes du Congo) into the Technical Commission for the Analysis of Building Permit Applications.
6. Improving the quality aspect of building permits by making it compulsory to issue a "certificate of conformity".
7. Revitalisation of the Department of Urban Planning and Housing at national, provincial and local levels: (i) obligation to carry out conformity checks before, during and after construction
8. Planning permission issued within 20 working days of submission of a complete application
9. Increase in the number of Urban Divisions in Kinshasa from 4 to 10
10. Reduction in the time taken to connect to the water network from 15 to 8 days.
11. Introduction of a system of obligations for construction risks
12. Introduction of compulsory ten-year liability insurance

Connecting to electricity

1. Consolidation of the one-stop shop for processing applications for connection to medium-voltage electricity set up within SNEL's Kinshasa Distribution Department:
   • Effective integration of the procedure for requesting an excavation permit issued by the OVD into SNEL's one-stop shop for processing applications for connection to medium-voltage electricity.
   • Payment of the cost of the application form for an Excavation Permit issued by the OVD at the SNEL single point, as well as the cost of the works estimate (clarification to be obtained following the impact study).
   • Issuance of an Excavation Permit (authorisation for work to cut and repair the carriageway for connection to medium-voltage electricity) within five working days of the request;

2. Consolidation of the obligation to apply for medium-voltage electricity only online via the SNEL website snel.cd.
3. Transparency in pricing ;
4. Improving the quality of SNEL's services by installing smart meters (remote reading meters) and providing statistics on the duration and frequency of power cuts and electricity supply on the SNEL website.
5. Establishment of mechanisms for exhaustive monitoring on the SNEL website of the duration and frequency of power cuts (the Average Duration of Service Interruptions Index (IFMIS)).
6. Publication of electricity connection cost scales on the SNEL website.
7. Introduction of a new tariff for the payment of electricity bills.
8. Introduction of a new estimate for the electricity connection.
9. Implementation of a national dispatching system to reduce the duration of electricity outages and the downtime for intervention during a power cut.

Transfer of Ownership

1. The deadline for transferring property is reduced to 15 working days.
2. Reduction in the number of procedures from 8 to 5: (i) request from the applicant, analysis and request for work from the land registry, (ii) establishment of the mission order, visit to the site, establishment of the calculation sheet, drawing up of the location sketch, drawing up of the minutes and the administrative report, (iii) allocation of the cadastral number and signature of all the land registry deeds by the technician and the Head of the Land Registry Division, (iv) preparation of all land deeds, registration and notarisation, taxation and payment (Public Treasury, EAD and security) and (v) receipt in the logbook and signature of all deeds and titles by the Registrar of Real Estate Titles, dispatch.
3. Reduction in the rate of proportional duty levied on the transfer of property from 5 to 3 % of the market value of the property for new contracts and to 1.5 % for contracts over 10 years old.
4. Reducing the cost of securing land and property titles.
5. No administrative costs.
6. Mandatory posting of procedures, deadlines and costs of operations in land registries.
7. Consolidation of the revitalisation and strengthening of the litigation departments of the Ministry of Land Affairs.
8. Setting strict deadlines for resolving land disputes at administrative level (20 working days after the site visit).
9. Increase in the number of land districts in the city of Kinshasa from 5 to 10.
10. Provision of information on procedures, timescales and costs for property transfers in the real estate districts.
11. Land registry coverage for all private plots in the city of Kinshasa Province.
12. Land registry coverage for all private plots in the country.
13. Obligation to register all property sales in the Land Register so that these transactions can be relied upon by third parties.
14. Equal access to property rights for all (singles, men and married women) under the new Family Code.
15. Gradual digitisation of the land registry by setting up a secure database, housed on a national server (Setting up of the Ministry of Land Affairs website containing all the data on secure land and property titles in the DRC (reforme-fonciere.net)
16. setting up a special unit to deal with commercial transfers.
17. creation of new constituencies in the city of Kinshasa.
18. Commitment deeds must be signed by the registrars of real estate titles (land titles are not superimposed).
19. compulsory posting in the constituencies of all expenses.
20. extension of the single form for declaring taxes, social security contributions and employer's contributions on remuneration due to the DGI, CNSS, INPP and ONEM to medium-sized companies.
21. Establishment of a one-stop shop for the declaration and payment of taxes, social security contributions and employers' contributions on remuneration due to the DGI, CNSS, INPP and ONEM.
22. Introduction of a new, modern law on social security in the DRC.

Payment of taxes

1. Introduction of e-procedures, and in particular e-declaration.
2. Reduction in the rate of penalties from 4 to 2 % of default interest per month.
3. Rationalisation of tax authorities' dealings with taxpayers.
4. Rationalisation of central and provincial taxation and quasi-taxation through publication of the new nomenclature of taxes, duties, levies and fees of the Central Government, the Provinces and the Decentralised Territorial Entities.
5. Suspended payment of disputed duties, provided that at least 10% of the total amount in dispute has been paid.

Cross-border trade

1. Effective operation of the electronic platform of the Société d'Exploitation du Guichet Unique du Commerce Extérieur (SEGUCE). The following operations are carried out (i) registration of the company on 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 an internet connection or private network, (iv) creation of the file in the Guichet Unique Intégral du Commerce Extérieur by filling in all the applications for ministerial authorisations online and model IB licences (import of goods), (v) payment of all the fees in all 18 banks in the DRC via the single payment slip, (vi) obtaining the various permits required for customs clearance (AV, FERI/FERE/AD, Lot prêt, Ministerial authorisations).
2. 24-hour access to the electronic platform of the Guichet Unique Intégral du Commerce Extérieur.
3. Implementation of a new Excise Code in the Democratic Republic of Congo.
4. Interfacing customs' Sydonia Word software with SEGUCE's electronic platform.
5. Access to Customs' Sydonia Word software via the Internet and implementation of an autonomous DGDA network.
6. Implementation of an electronic tracking system for cargo in transit and other goods (CVTFS).
7. Installation of signage at border crossings and display of the tariff schedule at all crossings.
8. Enhanced application monitoring for rapid incident detection.
9. Implementation of an automated customs system.
10. Interfacing and interconnection between SEGUCE's electronic platform and Customs' Sydonia Word software
11. Removal of all illegal barriers to maritime, river, lake and road traffic

Obtaining loans

1. Creation of a register of transferable securities.
2. Electronic registration of securities at the Guichet Unique de Création d'Entreprise.
3. Implementation of measures to apply the law on leasing.
4. Extension of the " Isys-Ceri "This is the Central Bank's system for sharing real-time information on credit applicants with commercial banks and microfinance institutions.
5. Implementation of the national electronic payment system ;
6. Setting up a mobile money payment system ;
7. Measures to facilitate the creation of bank accounts and promote access to credit.

Insolvency settlement

Compulsory reminder of the procedures to be followed by companies in difficulty in the DRC in accordance with the OHADA Uniform Act on Collective Proceedings for the Settlement of Debts.

Performance of contracts

Determination of the competent authority responsible for appending the executory formula to CCJA judgments