Differences

This shows you the differences between two versions of the page.

--- countries:dr_congo [2026/03/05 08:11] – created charlton
+++ countries:dr_congo [2026/03/05 08:39] (current) – [Taxi and Transport Sector] charlton
@@ Line 95: / Line 95: @@
 ===== PART 2 – SECTOR SPECIFIC REGULATION =====
-Further analysis is provided in the sector pages below:
+==== Domestic Work Sector ====
-  * [[domestic_work|Domestic Work Sector]]
+  * **Ministerial Order No. 3/61 of 16 August 1961 relating to social security for domestic workers and the payment of contributions**
-  * [[street_vendors|Street Vendor]]
-  * [[waste_reclaiming|Waste Reclaiming]]
+    * This Order governs the collection, by the National Social Security Institute, of contributions due in respect of pensions and occupational risks for domestic workers. (Art. 1)
-  * [[home_work|Home Working]]
-  * [[gig_economy|Gig Work and the Platform Economy]]
+    * Domestic workers are defined as workers employed exclusively by the employer either for the purposes of the household or in the employer’s personal service, regardless of the name given to them. (Art. 2)
-  * [[farm_work|Farm Work]]
-  * [[artisanal_mining|The Mining Sector and Artisanal Mining]]
+    * Contributions are due for each month during which there is:
-  * [[taxi_transport|Taxi and Transport Sector]]
+      * a period of actual service
-  * [[cross_border_trade|Cross-Border Informal Trade]]
+      * paid leave
+      * or any other period during which the employer must pay all or part of remuneration. (Art. 3)
+  * **Ministerial Order No. 146/CAB/MINETAT/MTEPS/01/2018 of 10 November 2018**
+    * Lays down the conditions for employer registration, worker registration, contribution collection and benefit payment.
+    * All workers covered by the Labour Code, including domestic workers, must be covered by the **general social security scheme for all branches**. (Art. 3)
+  * **Ministerial Decree No. 68/12 of 17 May 1968 – Weekly Rest**
+    * Domestic workers may be employed on Sundays provided they receive compensatory rest on another day of the week. (Art. 7(2))
+  * **Ministerial Decree No. 68/11 of 17 May 1968 – Overtime Pay**
+    * Domestic workers may perform up to **54 hours per week** in cases of intermittent work. (Art. 13)
+[[dr_congo|Back to DR Congo Part 1 – HIGH-LEVEL COUNTRY MAPPING]]
+----
+==== Street Vendors ====
+  * **Ordinance No. 73/A.E. of 11 September 1934 regulating street vendors**
+    * Street vendors are defined as mobile merchants transporting goods intended for sale to consumers. (Art. 3)
+    * Registration must be made verbally or by registered mail and renewed every six months. (Art. 2)
+    * Territorial administrators determine cases where itinerant traders may be exempt from registration. (Art. 4)
+    * Local authorities determine areas where mobile trade is restricted. (Art. 1)
+  * **Legislative Ordinance No. 90-046 of 8 August 1990 regulating small businesses**
+    * Small-scale trade includes activities where the monthly turnover does not exceed **400,000 CF**. (Art. 3)
+    * Certain micro-vendors (peanut sellers, cigarette sellers, shoe shiners, newspaper vendors, small home vendors) are exempt from licence requirements if income does not exceed **10,000 CF**. (Art. 5(2))
+  * **Legislative Ordinance No. 13-009 of 23 February 2013**
+    * Small-scale trade requires an **annual administrative licence** rather than registration in the trade register. (Art. 1)
+  * **Act No. 13-022 of 26 June 2013**
+    * Ratifies Legislative Ordinance No. 013-009 of 23 February 2013. (Art. 1)
+  * **Decree No. 011/37 of 11 October 2011**
+    * Establishes protective measures relating to small-scale and retail trade.
+  * Small-scale trade is reserved for **Congolese nationals**. (Art. 1)
+[[dr_congo|Back to DR Congo Part 1 – HIGH-LEVEL COUNTRY MAPPING]]
+----
+==== Waste Reclaiming ====
+  * **Act No. 11-009 of 9 July 2011 relating to environmental protection**
+    * Any person producing or holding domestic, industrial, craft, medical or pharmaceutical waste must manage it according to the provisions of the Act.
+    * A decree adopted by the Council of Ministers will establish standards for:
+      * storage
+      * recycling
+      * processing
+      * disposal of waste. (Art. 58)
+    * The State must minimise the production of hazardous waste.
+    * Persons managing hazardous waste must possess appropriate facilities and technical capacity.
+    * Responsible persons must take measures to prevent environmental pollution. (Art. 59)
+[[dr_congo|Back to DR Congo Part 1 – HIGH-LEVEL COUNTRY MAPPING]]
+----
+==== Home Working ====
+  * **Ministerial Order No. 146/CAB/MINETAT/MTEPS/01/2018**
+    * All workers covered by the Labour Code, including home workers, must be compulsorily covered by the **general social security scheme**. (Art. 3)
+[[dr_congo|Back to DR Congo Part 1 – HIGH-LEVEL COUNTRY MAPPING]]
+----
+==== Gig Work and the Platform Economy ====
+  * **Ministerial Order No. 146/CAB/MINETAT/MTEPS/01/2018**
+    * Casual or daily workers are also required to be covered by the **general social security scheme**. (Art. 3)
+  * **Decree No. 05/176 of 24 November 2005**
+    * Establishes the **National Social Protection Support Programme (PNPS)**.
+    * Includes projects aimed at creating **mutual health insurance schemes for informal workers**. (Art. 19(3))
+[[dr_congo|Back to DR Congo Part 1 – HIGH-LEVEL COUNTRY MAPPING]]
+----
+==== Farm Work ====
+(Content to be added.)
+[[dr_congo|Back to DR Congo Part 1 – HIGH-LEVEL COUNTRY MAPPING]]
+----
+==== Mining and Artisanal Mining ====
+  * **2002 Mining Code**
+    * Regulates artisanal and small-scale mining and the sale of minerals extracted from such operations.
+  * **Constitution of 18 February 2006**
+    * Guarantees the right to private initiative and promotes artisanal and small-scale economic activities.
+  * **Legislative Ordinance No. 22-031 of 8 September 2022**
+    * Establishes the legal framework for the promotion of **small-scale businesses**, including artisanal mining activities.
+[[dr_congo|Back to DR Congo Part 1 – HIGH-LEVEL COUNTRY MAPPING]]
+----
+==== Taxi and Transport Sector ====
+  * **Ministerial Order No. 409/CAB/MIN/TVC/0012/2007 of 20 April 2007**
+    laying down the terms and conditions for vehicles used for the public transport of persons in the Democratic Republic of the Congo.
+    * Paid public transport of persons refers to transport carried out by **collective taxi, taxibus, bus or coach** in return for payment of a fare fixed in advance by a tariff order issued by the **Minister of the Economy or the Provincial Governor**, as the case may be. (Art. 2)
+    * Drivers or attendants of taxi-buses, buses, autobuses and autocar services operating on **interprovincial routes or between towns within the same province** must maintain a passenger and goods register.
+      A copy of the register must be submitted before departure to the **Transport and Communication Routes office** nearest to the boarding stop. (Art. 17)
+  * **Ordinance No. 62-261 of 21 August 1958**
+    establishing safety requirements for drivers of motor vehicles used for the carriage of passengers.
+    * All drivers transporting passengers, whether for remuneration or free of charge, must hold a **selection certificate**.
+    * Operators must verify that drivers hold the certificate issued by the **Provincial Director of Public Works**, following:
+      * examinations testing knowledge of traffic regulations
+      * a medical examination conducted by a government-designated doctor. (Arts. 2–4)
+  * **Decree of 7 January 1958 relating to the Carriage of Passengers by Motor Vehicle**
+    * Any paid transport of passengers by motor vehicle travelling on roads, with or without trailers, requires **prior authorisation**. (Art. 2)
+  * **Order No. SC/0104/CAB/GVK/GNM/LEM/2023 of 22 March 2023**
+    establishing public transport fares and official routes within the **City of Kinshasa**.
+    * Drivers must **permanently display fares and routes** inside the vehicle.
+    * Drivers must carry the following documents:
+      * vehicle registration certificate (pink card)
+      * insurance certificate
+      * transport authorisation
+      * roadworthiness certificate
+      * valid national driving licence
+      * proof of payment of vehicle tax
+      * proof of payment of the special road tax for the current financial year
+      * proof of payment of parking tax in a public car park designated by the City of Kinshasa
+      (Art. 3)
+[[dr_congo|Back to DR Congo Part 1 – HIGH-LEVEL COUNTRY MAPPING]]
+==== Cross-Border Informal Trade ====
+(Content to be added.)
+[[dr_congo|Back to DR Congo Part 1 – HIGH-LEVEL COUNTRY MAPPING]]