Act No. 199/An/13/6Th Supplementing Act No. 212/An/07/5Th Establishing The National Social Security Fund (N.c.s.s) And Extending The Care Services To Independent Workers.

Original Language Title: Loi N° 199/AN/13/6ème L complétant la Loi n°212/AN/07/5ème L portant création de la Caisse Nationale de Sécurité Sociale (C.N.S.S) et étendant les prestations soins aux travailleurs indépendants.

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Law No. 199/AN/13/6th Supplementing Law No. 212/AN/07/5th The establishment of the National Social Security Fund (N.C.S.S.) and the extension of care services to independent workers.


VU The Constitution of 15 September 1992;
VU Law No.2/AN/98/4 L on the definition and management of public administrative institutions;
VU Law No.3/AN/92/2th L of 28 October 1992 reorganizing the National Fund of Retirees;
VU Law No.135/AN/97/3rd L of 06 May 1997 establishing PAHO;
VU Law 151/AN/02/4th L establishing the National Council of Social Security (CNSS);
VU Law no.154/AN/02/4th The codification of the operation of PAHO and of the general pension plan for employed workers;
VU Law n°155/AN/02/4ème The revision of the terms of contributions for the acquisition of pension rights, the liquidation of pensions and widows' and orphan's pensions to the Caisse Nationale de Retraites;
VU Law No. 212/AN/07/5th L establishing the National Social Security Fund (C.N.S.S);
VU Decree No.99-0078/PR/MFEN of 08 June 1999 on the definition and management of public administrative institutions;
VU Decree No. 2011-0066/PRE of 11 May 2011 appointing the Prime Minister;
VU Decree No. 2011-0067/PRE of 12 May 2011 appointing members of the Government;
VU Decree No.2011-0076/PRE of 17 May 2011 establishing the powers of the Ministries;
VU Circular No.05/PAN of 21 January 2013 convoking the National Assembly in public session;

The Council of Ministers heard in its meeting of December 18, 2012.

Article 1: This Act amends and supplements Act No. 212/AN/07/5th The establishment of the National Social Security Fund (CNSS). Its purpose is to extend care coverage to independent workers.

Article 2: Section 4 of the Act referred to in section 1 is amended to read:
"Subjection to the NSS is mandatory for all public or private employers and all independent workers. The Djiboutian armed forces, which own their own social protection system, are excluded."

Article 3: Is self-employed, any person engaged in a non-employed business of an independent, commercial, industrial or liberal nature.

Article 4: An independent worker is required to register with the CNSS within one month of the date of registration of his or her business in the business register and companies.
Self-employed persons who are not registered in the business register and companies and those who are engaged in an activity prior to this date must register with the National Social Security Fund simultaneously with the payment of their business license.

Article 5: In the event of non-compliance with the obligations referred to in the previous article, the CNSS shall issue a stipulation. As of the date of receipt of the stay, the independent worker has an additional 15 days to register with the CNSS. Upon expiry of this period, the CNSS conducts an ex officio registration.

Article 6: When applying for registration, the applicant must provide:
- a valid identity document;
- a family record;
- the patent;
- the registration number at the RCS.

Article 7: Independent workers benefit from the same benefits as the current affiliates of the CNSS as provided for in section 10 of Act No. 212/AN/07/5th The establishment of the National Social Security Fund.

Article 8: The contribution rate and contribution and payment terms are set at 7%. The organization of the care regime for independent workers will be defined by Order in Council of Ministers.

Article 9: Self-employed simultaneously carrying out several activities contribute to the main activity.
A table details the plate and the method of calculation for the collection of the National Social Security Fund.

Article 10: In addition to the contributor, are beneficiaries of the health plan benefits:
- spouses or joints and minor children;
- major children schooled up to the age of 21.
- in the event of an insured person's death, these eligible persons receive health insurance for four months from the date of death.

Article 11: Other provisions of Act No. 212/AN/07/5th The establishment of the National Social Security Fund (NCS) remains unchanged.
All previous provisions contrary to this Act are repealed.

Article 12: This Act comes into force as soon as it is published in the Official Journal of the Republic.

Done in Djibouti, 20/02/2013

President of the Republic,
Head of Government