The DRC has about 135 million hectares of agricultural land (source FAO – 34% of the national territory) – of which 10% are developed (3% in agriculture and 7% in breeding). These lands include wetlands (56%), sub-humid areas (20%), areas along watercourses (17%) and lands whose use for agricultural purposes requires minor development. (7%). This territory is divided into three major agro-ecological zones:
* The central basin extends over a third of the territory, with a combination of equatorial forests and marshes; the Congo River, 4,700 kilometers long, and its many tributaries water this central part of the country which is sparsely populated; * The plateaux bordering the central basin are covered with savannas and are relatively more densely populated; * The eastern massifs, mainly made up of the mountainous area of Greater Kivu, are characterized by a very high population density;
The country enjoys natural conditions particularly favorable to agricultural activities: rainfall in sufficient quantities that allow two cropping seasons per year, important hydrographic network, soil fertility, wide sunshine. It is also characterized by its size and the diversity of its climatic and geological conditions. This allows for a great diversity of crops and therefore avoids excessive dependence on a monoculture.
Perennial and export crops
Opportunities also exist for perennial and export crops. Indeed, the Democratic Republic of Congo has also played an important role on international markets for a number of products including:
-the cotton ;
-the rubber ;
The Government has made the revival of the crops described above a priority and has provided incentives for these segments.
1. The contest.
Recall with SA old that a contest brings together a number of candidates and compares their relative value while the exam takes into consideration each particular candidate he appreciates, weighs the knowledge compared to an average determined in advance , representing the threshold of knowledge considered essential in the subjects on which the examination () is concerned. The competition exam, him, associates the two techniques and is in principle a method of selection more severe than a simple contest. The competition exam, him, associates the two techniques and is in principle a method of selection more severe than a simple contest. The law of July 17, 1981 opts for the formula of the examination competition having in its article 10 that “only the candidates having succeeded and having ranked in good order can be named at the end of the contest” and the order of application No. 73-217 of 25 July 1973 on the Regulations for the Recruitment of Public Service Career Personnel of the State specified in Articles 3 and 6 that success in the test is subject to obtaining 60% total points.
The geographical configuration with wide plains allows to have very good pastures. Several private initiatives are starting to revive this long-flourishing sector thanks to the return of peace. The need for animal protein is immense in view of the population. The government has taken the option of reducing imports of food by promoting local production (revitalization of the DAIPN, assistance to farmers through the agricultural campaigns) and preventive control against major epizootics (PPR, FA, CBPP).
As the Democratic Republic of Congo is richly endowed with aquatic surfaces, investing in industrial fishing, aquaculture and fish farming offer significant market and demand-side benefits. The actors in this sector practice small-scale fishing and act mainly in two sub-sectors:
– maritime fishing, relatively small and very concentrated on the coast;
– fluvial and lacustrine fishing, widely practiced throughout the hydrographic network as well as on the large lakes in the east of the country.
In order to revive the agricultural sector, Law No. 11/022 of 24 December 2011 on basic principles relating to agriculture has been promulgated. This came into effect in June 2012. It contains several incentive provisions:
– preferential rate in the consumption of water, electrical energy and petroleum products;
– exemption from duties and taxes for water and energy produced by the operator;
– Possibility to build up a reserve of 3% of turnover for the rehabilitation of exploitable Arab lands, the prevention of major risks and agricultural disasters;
– agricultural inputs for agricultural activities are exempt from import duties and taxes;
– agricultural products are exempt from export duties and taxes;
– Fees and charges for services rendered by public bodies operating at border crossings may not exceed 0.25% of the value of the products exported;
– All rolling stock allocated exclusively to the farm is exempt from tax;
– The profits and profits made by the farmer are subject to the income tax at the rate of 20%.
The 2002 Investment Code contains several flanking measures conducive to investment in general, and in the agricultural sector in particular. Signature by the Prime Minister of a decree on the tax regime applicable to companies eligible for the Strategic Partnership on Value Chains. It provides for a total exemption for all taxes, fees and administrative expenses and has a reference tariff for water and energy. To enjoy the benefits of the decree, it takes an investment of at least 15,000,000 US dollars and sign a contract or convention with the Democratic Republic of Congo. Finally, there is the possibility of obtaining tax exemptions through the Minister in charge of Finance after notice of the tariff commission.
Improving the business climate and legal certainty
The government has made several decisions to make investment in the Democratic Republic of Congo attractive. To this end, the country joined the organization for the harmonization of OHADA business law. One of the major instruments of this organization is the OHADA Court of Justice and the Arbitration Court in Abidjan, C?te d’Ivoire.
The Democratic Republic of Congo has ratified the New York Convention on the enforcement of arbitral awards. It is worth noting the creation of a one-stop shop for business creation that has reduced the costs and duration before a company is legally identified.
Land status in the Democratic Republic of Congo
– The land is governed by Law No. 73-021 of 20 July 1973 on the general property regime, real estate tenure and security regime, as amended and supplemented by Law No. 80-008 of 18 July 1980 and its implementing measures.
– The soil is the exclusive, inalienable and imprescriptible property of the State.
– There is the public land domain of the State consisting of all lands that are assigned to a public use or service.
– There is the private land estate of the State consisting of all lands that are not allocated to a public use or service.
– A foreigner or a company made up of foreigners can sign a long lease, surface, use of usufruct and lease. Emphyteusis and acreage are granted for a period of 25 years renewable.
– Several other laws regulate certain other land-related sectors: mining code, forest code and the law on basic principles relating to agriculture.
– Article 16 of the law determines the acquisition of agricultural concessions for foreigners for the constitution of a company whose shares are majority owned by the Congolese State or by a natural person of Congolese nationality.
– A draft reform of this provision is under consideration in the Government.
The Democratic Republic of Congo has embarked on a major project to modernize the country through the construction of infrastructure and the revival of agriculture. Thus, an ambitious reform program has been initiated by the government. To do this, public companies of a commercial nature have had their statutes changed. They have been transformed into commercial companies with currently the state as sole shareholder.
The National Electricity Company (SNEL), the GECAMINES, the R?gie des Voies A?riennes (RVA) and REGIDESO are part of the companies in transformation to finance small and medium enterprises, in addition to promotional funds that finance certain projects, the Government has set up a microfinance support fund and has sent a fund to SOFIDE to restart its activities.
The Government is currently working on finalizing the start-up of the Agricultural Development Fund (FONADA) to finance farmers.
Note the creation by the Government of six special economic zones throughout the country, including a pilot special economic zone. Located in the commune of Maluku (suburbs of Kinshasa), it already has a land title and has basic infrastructure installed as the REGIDESO water catchment station, the high SNEL substation tension, asphalt roads and a location to erect a port. Two large industries that are already established as well as the camps of workers and executives of the said companies. The special pilot area of Maluku covers an area of 885 hectares. All kinds of industries can be installed.
The Democratic Republic of Congo is firmly committed to transparency, simplification and flexibility at the level of public administrations in order to foster the development of business and investment, creators of wealth and jobs in the country. Recently, there was talk of “obstacle course” to describe the process of business creation in DR Congo. 13 formalities require 155 days were identified by the Doing Business. Today, it is quite different. Creating your business is fast becoming a game so much process is simplified and lightened.
Indeed, several reform measures have been taken to bring the country closer to international and African standards. Here are some reforms introduced to make business creation easier in the country.
1. The removal of the trade authorization formerly imposed on foreign operators (The cost of this formality was US $ 1,000).
2. The abolition of the legalization visa for the statutes for companies with a majority capital held by foreigners.
3. The deletion of the requirement of the criminal record extract.
4. The removal of the non-public servant attestation requirement.
5. The deletion of the residence certificate requirement.
6. The removal of the requirement of the seal of the company.
7. The abolition of the distinction between Congolese companies and foreigners’ companies, all of which are now subject to the same regime.
8. The deletion of the requirement of seat confirmation.
9. Reduction of the period of registration in the New Commercial Register (from 15 to 5 days maximum).
10. The reduction of the cost of registration in the New Business Register (850 USD to 160 USD for companies, and 175 USD to 40 USD for individuals or Establishments).
11. The reduction of the deadline for publication of the articles of association of the companies in the Official Journal, the publication being made now on the website of the Official Journal, within 48 hours after the deposit of the statutes.
12. The reduction of the period of authentication of the statutes by the Notary, thanks to the multiplicity of National Offices (in Kinshasa).
13. Reduction of the deadline for obtaining the National Identification Number.
14. Reduce the cost of obtaining the National Identification Number (from USD 200 to USD 50 for companies and USD 100 to USD 25 for individuals).
15. Reduction of the cost of obtaining the Import-Export Number (from 500 USD to 125 USD for companies, and from 250 to 75 USD for natural persons.
16. As a result of all these reforms, only the following formalities are required, with the reduced costs indicated.
* Authentication of the statutes at Notary 50 USD per copy. For 3 copies, 150 USD
* Registration in the New Commercial Register: USD 160 for companies, USD 40 for legal entities
* Publication of the statutes in the Official Journal: 150 FC / line, totaling 100 to 150 USD.
* National Identification Number: USD 50 for companies USD 25 for natural persons
* Import-Export number: USD 125 for companies, USD 75 for individuals
* Tax number: cost: free
With 635 USD, the company is regularly incorporated!
With only 140 USD, the establishment (sole proprietorship) is regularly created!