Act Organic N ° 10/011 Of 18 May 2010 Establishing The Territorial Subdivisions Within Provinces

Original Language Title: Loi organique n° 10/011 du 18 mai 2010 portant fixation des subdivisions territoriales à l'intérieur des provinces

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Read the untranslated law here: http://www.leganet.cd/Legislation/Droit%20Public/Administration.ter/L.10.011.18.05.2010.htm

Presidency of the Republic Act organic n ° 10/011 of 18 May 2010 establishing the territorial subdivisions within the provinces title ler: General provisions;
Title II: the functioning of territorial entities deconcentrated;
Title III: Mechanisms of control of the territorial entities deconcentrated;
Title IV: Financial resources of the decentralized territorial entities title V: transitional and final provisions.
 
Explanatory statement the Constitution of 18 February 2006 introduces a far-reaching reform of administrative and territorial of the Republic governed by Decree-Law No. 081 of July 02, 1998.
Under this last text, the Democratic Republic of the Congo was composed of the city of Kinshasa and ten (10) provinces, with each of the personality.
Under the empire of this decree-law, the Province, the city, the territory and the municipality of the city of Kinshasa, were territorial entities decentralized, District, municipality other than that of the city of Kinshasa, headquarters, the Group and the Village were not decentralized territorial entities.
The constituent of February 18, 2006 made the Province part of the national territory. It lists the following decentralised territorial entities: the city, the municipality, sector and leadership. It did however not set the territorial subdivisions within the Provinces, leaving this task to the law.
In this regard, paragraph (2) of section 196 has the territorial subdivisions within the Provinces are laid down by an organic law. This organic law is the implementation of this constitutional provision.
Compared to the previous legislation, two territorial subdivisions disappear of the nomenclature of territorial constituencies of the country. It is the district and the city.
The disappearance of the District is the result of the Division of the national territory in twenty-five (25) Provinces.
The city disappears also. Indeed, some old cities are transformed in towns or municipalities according to criteria defined by law. Those who do not meet these criteria are integrated in the sectors, chiefdoms, where they are located.
The territory was erected in Exchange, common law of administrative devolution as well for the State and for the Province.
This Organic Act includes five titles: title ler: General provisions;
Title II: the functioning of territorial entities deconcentrated;
Title Ill: Mechanisms of control of the territorial entities deconcentrated;
Title IV: Financial resources of the decentralized territorial entities title V: transitional and final provisions.
This is the substance of this organic law.
 Act the National Assembly and the Senate have adopted;
The President of the Republic enacts the law whose content follows: title 1: General provisions Article ler of: this organic law fixed the territorial subdivisions within the Provinces, in accordance with article 196, paragraph 2, of the Constitution.
In addition, it determines the Organization and operation of the decentralized territorial entities.
 
Article 2: The Province is a component political and administrative of the territory of the Democratic Republic of the Congo. It is subdivided into cities and territories.
Are divided within the Province: La Ville in Commons;
The municipality into districts or groups incorporated;
The territory municipalities, sector and/or chiefdoms;
Sector or leadership group; The group in Villages. Article 3: The city, the municipality, sector and leadership are decentralised territorial entities with legal personality.
The territory, district, the Group and the Village are decentralized territorial entities. They are administrative districts lack legal personality.
 
Title II: The Organization and the functioning of the DECONCENTRATED chapter ler territorial entities: territory Section I: the legal nature of Article 4: the territory is a pulse, coordination, support Board and inspection of the action of the State and Province level.
 
Article 5: It can be created a territory by Decree of the Prime Minister deliberated in the Council of Ministers, after consultation by referendum of the people of the Territories concerned.
Section 2: functioning Article 6: the territory is not headed a territory administrator.
The territory administrator is assisted by two administrators of territory Assistants.
The administrator of the territory and the administrators of territories Assistants are appointed and, where appropriate, relieved of their duties by the President of the Republic, on the proposal of the Minister of the Republic in charge of Home Affairs.
They are affected by order of the Minister of the Republic, on a proposal from the Governor of Province in charge of Home Affairs.
 
Article 7: The administrator of the territory and the territory Assistants administrators are placed under the authority that Governor of Province.
 
Article 8: The administrator of territory is the representative of the State and the Province in the jurisdiction. As such, it ensures the proper functioning of public services under his authority.
It shall act by way of a Decision.
Article 9: No one shall be named Administrator of territory or territory Assistant Administrator, if it meets the following conditions:-be a Congolese nationality; be aged 25 years or over;
-possess a diploma or academic and experience of 5 years at least in the public administration;
-being of good character.
Article 10: Without prejudice to other legal provisions, the territory administrator assumes the following functions:-ensure enforcement of the laws and regulations of the Republic as well as edicts and provincial regulations;
-ensure the maintenance of public order on the scope of its jurisdiction. To this end, it has the specialized services of national police intelligence and may, where appropriate, require the armed forces, after authorization by the Governor of Province;
-draw up a report on the behavior of the elements of specialized intelligence, the national police and the armed forces stationed in its jurisdiction.
advise the Governor of the Province of any important event that occurred in the territory and any dispute likely to disturb public order;
-ensure enforcement of the legislation and the policy of the Government Finance and budget as well as in the planning and development of projects, primary health care, education, agriculture, the promotion and protection of the environment, transport and communication as well as the administration of the population;
-ensure maintenance of road networks of national and local interest and implementation of traffic signs the bridges and rivers as well as agglomerations;
ensure the safeguarding of the heritage of the State and especially the protection of fauna, flora, works of art, classified sites, streams and shorelines;
-inspect at least twice year public services of the State and the Province operating in Communes, sectors and the chiefdoms comprising his jurisdiction and submit a report to the Governor of Province;
-ensure implementation of the economic and social programmes of the State and the Province.
 
Article 11: The administrator of territory may, by delegation of the Province Governor, exercise the supervision over acts of decentralized within its competence territorial entities.
Similarly, it can support them in the implementation of their skills by providing public services of the State and the Province.
 
Article 12: The administrator of territory and the territory Assistants administrators are officers of judicial police with general competence.
 
Article 13: For reasons of general interest, the administrator of territory may, in accordance with the law, requisition the services of the agencies of the State and the Province.
Article 14: At the end of each quarter, the administrator of the territory aimed at the Province Governor a report on the administration of the territory.
The Minister in charge of Internal Affairs receives copy.
 
Article 15: In the exercise of its functions, the administrator of territory provides services and agents of career of the State and the Province.
These officers, it exercises disciplinary authority, in accordance with the provisions of the statutes that govern.
 
Chapter II: of the quarter Section 1 ': the legal Article 16: Le Quartier is an administrative level of the common database.
 
Article 17: On proposal of the Mayor and after obtaining the assent of the Municipal Council, a provincial Governor order creates district and establishes the boundaries and the name.
The Minister in charge of Home Affairs is notified.
A Prime Minister Decree deliberated in the Council of Ministers shall determine the conditions of creation of a district.
 
Article 18: The District includes avenues and / or streets.
Article 19:

The names of avenues or streets of communal interest are determined by order of Governor of Province, on proposal of the Mayor and after obtaining the assent of the Municipal Council.
Section 2: functioning Article 20: the district is headed by a Chief of district, a District Deputy Chief assisted, placed both under the authority of the Mayor.
 
Article 21: The District Chief and the Deputy District head are appointed by order of Mayor deliberated in College communal Executive, among the public agents.