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Interdepartmental arrest no. 0001/CAB/MIN/AFF. FONC/2013 and n°/CAB/MIN/FINANCES/2013/806 of 06 May 2013 establishing proportional fixed fees, taxes, technical and cadastral fees to be collected at the initiative of the Ministry of Focal Affairs.
Minister of Land Affairs
And
Minister Delegate to the Prime Minister,
Finance Officer,
In view of the Constitution, as amended by Act No. 11/002 of 20 January 2011 on the revision of certain articles of the Constitution of the Democratic Republic of the Congo, specifically in its article 93;
In light of Act No. 73/021 of 20 July 1973 on the general regime of property, land and real estate and security rights, as amended and supplemented by Act No. 80-008 of 18 July 1980, especially sections 181 and 183.
Considering Act No. 11/011 of 13 July 2011 on Public Finance;
Having regard to Legislative Order No. 13/002 of 23 February 2013 establishing the nomenclature of fees, taxes and royalties of
Central power;
Having regard to Legislative Order No. 13/003 of 23 February 2013 on the reform of procedures for the collection of non-tax revenues;
Having regard to Order No. 74/148 of 20 July 1974 on enforcement measures of Act No. 73-021 of 20 July 1973, as amended and supplemented to date;
Considering Decree No. 007/2002 of 02 February 2002 on the method of payment of debts to the State, as amended and supplemented by Decree No. 011/20 of 14 April 2011;
Considering Decree No. 051184 of 30 December 2005 repealing the provisions of Decree No. 068 of 22 April 1998 establishing the Tax Franc;
Having regard to Order No. 12/004 of 24 April 2012 appointing Deputy Prime Ministers, Ministers, Minister Delegate and Deputy Ministers;
Having regard to Order No. 012/007 of 11 June 2012 on the organization and operation of the Government, practical modalities for collaboration between the President of the Republic and the Government and between the Members of the Government;
Having regard to Ordotmance No. 12/008 of 11 June 2012 establishing the powers of the Ministries;
Whereas it purchases to adapt the regulation to the new distribution of duties, taxes and royalties between, on the one hand, the central and the other, the decentralized provinces and territorial entities;
Considering the need to regulate and rationalize the technical and cadastral costs collected in favour of 1 'Territory Administration and to adapt them to the socio-economic environment of the moment;
Given the need and urgency;
ARRETENT
Article 1
The proportional fixed fees, taxes, teclmic and cadastral fees of the land parcels for residential, commercial, industrial, mixed and agropastoral use located in the land exchanges of the Democratic Republic of the Congo, placed or to put on the market in accordance with the procedure organized by section 4 of Order No. 74-148 of 02 July 1974 bearing enforcement measures of the Act No.73-02 as amended
Article 2
For the application of the rates in the schedule referred to in section 1 above, are grouped:
- Under the heading "remuneratory taxes", all generator acts taken at points 4 and 5 at the rate of $25;
- Under the title "Teclmic Fees", all the generator acts resumed at points 6 and 7 at the rate of $15 increased by $2 per terminal to be placed;
- Under the title "Cadastral Fees", all the generator acts resumed at the points He and perceived in favor of 1' Administration Foncière, at a rate of $70, increased travel costs due to $10 per km travelled and a rental fee for measuring equipment.
Article 3
All provisions contrary to this Order shall be repealed.
Article 4
The Secretary-General for Foncières and the Director-General of the D.G.R.A.D. are responsible, each with respect to him, for the execution of this Order.
Article 5
This Order comes into force on the date of its signature.
Done in Kinshasa, May 06, 2013
Patrice Kitebi Kibol Mvul
Professor Mbwinga Bila Robert.
Annex 1: Scope on proportional fixed rights
Minister of Land Affairs
And
Minister Delegate to the Prime Minister, Finance Officer,
In view of the Constitution, as amended by Act No. 11/002 of 20 January 2011 on the revision of certain articles of the Constitution of the Democratic Republic of the Congo, specifically in its article 93;
In light of Act No. 73/021 of 20 July 1973 on the general regime of property, land and real estate and security rights, as amended and supplemented by Act No. 80-008 of 18 July 1980, especially sections 181 and 183.
Considering Act No. 11/011 of 13 July 2011 on Public Finance;
Having regard to Legislative Order No. 13/002 of 23 February 2013 establishing the nomenclature of fees, taxes and royalties of
Central power;
Having regard to Legislative Order No. 13/003 of 23 February 2013 on the reform of procedures for the collection of non-tax revenues;
Having regard to Order No. 74/148 of 20 July 1974 on enforcement measures of Act No. 73-021 of 20 July 1973, as amended and supplemented to date;
Considering Decree No. 007/2002 of 02 February 2002 on the method of payment of debts to the State, as amended and supplemented by Decree No. 011/20 of 14 April 2011;
Considering Decree No. 051184 of 30 December 2005 repealing the provisions of Decree No. 068 of 22 April 1998 establishing the Tax Franc;
Having regard to Order No. 12/004 of 24 April 2012 appointing Deputy Prime Ministers, Ministers, Minister Delegate and Deputy Ministers;
Having regard to Order No. 012/007 of 11 June 2012 on the organization and operation of the Government, practical modalities for collaboration between the President of the Republic and the Government and between the Members of the Government;
Having regard to Ordotmance No. 12/008 of 11 June 2012 establishing the powers of the Ministries;
Whereas it purchases to adapt the regulation to the new distribution of duties, taxes and royalties between, on the one hand, the central and the other, the decentralized provinces and territorial entities;
Considering the need to regulate and rationalize the technical and cadastral costs collected in favour of 1 'Territory Administration and to adapt them to the socio-economic environment of the moment;
Given the need and urgency;
ARRETENT
Article 1
The proportional fixed fees, taxes, teclmic and cadastral fees of the land parcels for residential, commercial, industrial, mixed and agropastoral use located in the land exchanges of the Democratic Republic of the Congo, placed or to put on the market in accordance with the procedure organized by section 4 of Order No. 74-148 of 02 July 1974 bearing enforcement measures of the Act No.73-02 as amended
Article 2
For the application of the rates in the schedule referred to in section 1 above, are grouped:
- Under the heading "remuneratory taxes", all generator acts taken at points 4 and 5 at the rate of $25;
- Under the title "Teclmic Fees", all the generator acts resumed at points 6 and 7 at the rate of $15 increased by $2 per terminal to be placed;
- Under the title "Cadastral Fees", all the generator acts resumed at the points He and perceived in favor of 1' Administration Foncière, at a rate of $70, increased travel costs due to $10 per km travelled and a rental fee for measuring equipment.
Article 3
All provisions contrary to this Order shall be repealed.
Article 4
The Secretary-General for Foncières and the Director-General of the D.G.R.A.D. are responsible, each with respect to him, for the execution of this Order.
Article 5
This Order comes into force on the date of its signature.
Done in Kinshasa, May 06, 2013
Patrice Kitebi Kibol Mvul
Professor Mbwinga Bila Robert.
Annex 1: Scope on proportional fixed rights
