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Act No. 111/An/15/7Th On Strengthening The Procedure For The Collection Of Social Contributions Due To Cnss.

Original Language Title: Loi N° 111/AN/15/7ème L portant renforcement de la procédure de recouvrement des cotisations sociales dues à la CNSS.

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Act No. 111/AN/15/7th L on the strengthening of the procedure for the collection of social contributions due to the CNSS.

NATIONAL ASSEMBLEE A ADOPTETHE PRESIDENT OF THE PROMULGUE REPUBLICI'll tell you what.




VU The Constitution of 15 September 1992;
VU Constitutional Law No.92/AN/10/6th L of 21 April 2010 revising the Constitution;
VU The Financial Act No. 188/AN/85/1st L of 31 December 1985 establishing procedures for the collection of contributions and benefits due to the National Fund for Social Benefits;
VU Law No. 212/AN/07/5th L of 19 January 2008 establishing the National Social Security Fund;VU Decree No.2013-0044/PRE of 31 March 2013 appointing the Prime Minister;
VU Decree No.2013-0045/PRE of 31 March 2013 appointing members of the Government;
VU Decree No.2013-0058/PRE of 14 April 2013 establishing the powers of the Ministries;
VU Decree No. 69-1883/SG/CG/ of 31 December 1969 on the organization and setting of the operating rules and the financial regime of the Social Benefits Fund;
VU Circular No.537/PAN of 21/12/15 convening the second public session of the 2nd Ordinary Session of the year 2015/2016,
The Council of Ministers heard in its meeting of 01/09/2015.



Procedure for the collection of contributions



Article 1: Any action or continuation of the recovery of social contributions is obligatoryly preceded by a stay, signed by the Director General of the CNSS, inviting the employer to regularize its situation within 15 days after the notice of the stay.

Article 2: If the detention remains unimpeded, the Director General of the CNSS may exercise civil action by issuing a constraint that is intended and enforced within five days by the President of the Social Chamber of the Court of First Instance. This constraint is the subject of meaning by a judicial officer. It is executed under the same conditions as a judgment.
The enforcement of the constraint may be interrupted by the reasoned opposition formed by the debtor, by registration in the court office within fifteen days of its service.

Article 3: In the event of an inadmissibility, before any opposition, the employer shall, for the benefit of CNSS, constitute a guarantee in the form of a bank bail or a deposit of a deposit equal to half of its debt. The CNSS will hand over a quittance certifying the bail deposit. These amounts are housed in a special deposit and bonding account until they are cashed or returned at the end of the proceedings.

Article 4: To be admissible, the opposition must:- raise a serious challenge;- Being motivated ;- Being made in time;- The employer must present the leave of the CNSS proving the bail deposit.
The clerk receives the opposition only after the debtor has presented all the documents cited in the first paragraph.

Article 5: This Act will be registered and published in the Official Journal of the Republic of Djibouti as soon as it is promulgated and executed wherever necessary.
Done in Djibouti, 31/12/2015


President of the Republic,
Head of Government
ISMAÏL OMAR GUELLEH