Page 1

REPUBLIC OF CONGO
53 YEAR - N ° 01

Thursday, January 6, 2011

Union Work Progress

rd

OFFICIAL J OURNAL
FROM THE REPUBLIC OF CONGO
appearing on Thursday of each week in Brazzaville

SUBSCRIPTIONS
DESTINATIONS

NUMBER
6 MONTHS

1 YEAR

24,000

REPUBLIC OF CONGO ............................................... .............

3 MONTHS

12,000

6,000

500 F CFA

9. 6 0 0

8 0 0 FCFA

Airway exclusively
FOREIGN ................................................. ..................................

3 8. 4 0 0

1 9. 2 0 0

¤ Judicial and legal announcements and various notices: 460 francs per line (it will not be counted less than 5,000 francs per announcement or notice).
The announcements must reach the Thursday preceding the publication date of the “JO” at the latest.
¤ Land and mining property: 8,400 frs per text.

¤ Declaration of association: 15,000 francs per text.

DIRECTION: TEL./FAX: (+242) 281.52.42 - PO BOX 2.087 BRAZZAVILLE - Email: journal.officiel@sgg.cg
Payment: cash, money order, certified check payable in the Republic of Congo, made payable to the Official Journal
and sent to the Directorate of the Official Journal and Documentation.

SUMMARY

OFFICIAL PART

MINISTRY OF POSTS, TELECOMMUNICATIONS
AND NEW TECHNOLOGIES
OF COMMUNICATION

- DECREE AND ORDERS -

Dec 31 Order n ° 11221 laying down the terms of identification
cation of subscribers to
fixed and mobile telephony services and

A - GENERAL TEXTS

data transfer of electrical communications
tronic ................................................. ......

MINISTRY OF FINANCE, BUDGET
AND THE PUBLIC PORTFOLIO
Dec 31 Order n ° 11137 amending the order
n ° 2387 / MEFB-DGRDRC-SC of April 7, 2010

5

B - SPECIAL TEXT

fixing the compensatory allowances granted
to those expropriated from the domain of the former ONPT in
Brazzaville ................................................. .....

MINISTRY OF TRANSPORTATION, AVIATION
CIVILIAN AND MERCHANT NAVY

3

- Approval................................................ .....
MINISTRY OF THE INTERIOR AND
OF DECENTRALIZATION

MINISTRY OF THE INTERIOR AND
OF DECENTRALIZATION

Dec 31 Decree n ° 2010 - 792 relating to the administration
of the district and the village ................................. 3

- Nomination................................................ ..

Page 22

Official Journal of the Republic of Congo

7

N ° 01-2011

NON-OFFICIAL PART

MINISTRY OF SUSTAINABLE DEVELOPMENT,
FOREST ECONOMY AND

- ANNOUNCEMENT -

OF THE ENVIRONMENT
- Approval................................................ ...

8

From Thursday 6 January 2011
Page
3

7

- Legal notice .............................................

8

Official Journal of the Republic of Congo

3

MINISTRY OF THE INTERIOR AND
OF DECENTRALIZATION

OFFICIAL PART

Decree No. 2010-792 of December 31, 2010
relating to the administration of the district and the village

- DECREE AND ORDERS -

The president of the Republic,

GENERAL A -TEXTS
MINISTRY OF FINANCE, BUDGET
AND THE PUBLIC PORTFOLIO
Order n ° 11137 of December 30, 2010 concerning
both corrigendum to decree n ° 2387 of April 7, 2010
fixing the compensatory allowances granted to
expropriated from the former ONPT estate in Brazzaville
The Minister of Finance, Budget
and the public portfolio,
Considering the Constitution;
er

Considering the law n ° 1-2000 of 1
February 2000 on the law
organic relating to the financial regime of the State;
Considering the law n ° 11-2004 of March 26, 2004 establishing the
duration of expropriation for public utility;
Considering the law n ° 12-2009 of December 29, 2009 on the law
of finances for the year 2010;
Considering the decree n ° 2000-187 of August 10, 2000 relating
general regulations on public accounting;
Considering the decree n ° 2009-315 of September 15, 2009 concerning
both appointment of members of the Government;
Considering the decree n ° 2018 of April 14, 2009 declaring to use
publicity, land acquisition and works
extension of the Brazzaville town center cemetery;
Considering the decree n ° 2387 of April 7, 2010 fixing the
Compensatory nities granted to the expropriated
domain of the former ONPT in Brazzaville;
Stopped :

Considering the Constitution;
Considering the law n ° 3-2003 of January 17, 2003 fixing the organterritorial administrative nization;
Considering the decree n ° 2003-20 of February 6, 2003 relating
functioning of administrative districts
territorial;
Considering the decree n ° 2003-146 of August 4, 2003 concerning
responsibilities and organization of the general management
the administration of the territory;
Considering the decree n ° 2003-326 of December 19, 2003 relating to
tif the exercise of regulatory power;
Considering the decree n ° 2009-335 of September 15, 2009 concerning
both appointment of members of the Government;
Considering the decree n ° 2009-394 of October 13, 2009 relating
the powers of the Minister of the Interior and
decentralization.
In the Council of Ministers,
Decrees:
CHAPTER I: GENERAL PROVISIONS
Article 1: This decree determines the
rules relating to the administration of the district and
village and establishes the responsibilities of the district chief and
of the village chief.
Article 2: The district is the administrative entity of
base of a municipality, an urban community or
of an arrondissement and of the district capital.

er

Article 1
: This decree corrects the
provisions of article 3 of decree n ° 2387 of 7
April 2010 fixing the compensatory allowances
granted to those expropriated from the domain of the former ONPT in
Brazzaville, as follows:
New Article 3: Compensatory allowances
allocated under the expropriation procedure of the
domain of the former ONPT in Brazzaville sheltering the top
city ​center, for a total of one
billion six hundred seventy-eight million eight hundred
seventy-seven thousand three hundred and fifteen
(1,678,877,315) CFA francs, are chargeable to the budget
get from the Republic of Congo fiscal year 2010, on the
line “426 3544 109 2029 1” under the investment budget
vestissement and on the line "243 0523 671 9: fees
civil liability of the State ”under the budget
operating costs (common charges).
Article 2: This decree will be registered, published in
Official journal and press release wherever needed
will be.

Article 3: The district is created by order of the prefect of
department based on a reasoned report from the mayor of
mune or the administrator-mayor of the borough
ment of the urban community or the sub-prefect.
The decree defines the limits and the name.
Article 4: The village is the basic administrative entity
of the rural community or district.
It is made up of inhabitants united by a community.
of economic, sociological, cultural and
historical.
Article 5: The village is determined by its population
resident who must be equal to or greater than thirty
inhabitants.
Article 6: A locality of less than thirty inhabitants
is a hamlet.

Done in Brazzaville, December 30, 2010
Gilbert ONDONGO

Page 44

It is made up of inhabitants united by a community.
ity of interests resulting from the neighborhood.

Two or more contiguous hamlets whose popula-

Official Journal of the Republic of Congo

resident tion is equal to or greater than thirty
hold a village.

mayor of the borough or of the urban community
ne, by the managing director of the community
rural or the sub-prefect, the interim district chief
or the village chief is provided by the secretary
cumulatively with its functions.

Article 7: The territorial jurisdiction of the village includes:
- either one and the same agglomeration;
- either a main agglomeration to which is
attached a variable number of hamlets;
- or a set of hamlets.

Within two months and according to the criteria
defined in article 10 of this decree, the post of
neighborhood chief or village chief must be
seen.

Article 8: The village is created by a decree of the prefect
of the department on a reasoned report from the sub-prefect.

Article 16: In the event of resignation, the district chief
or the village chief sends his letter of resignation to
department prefect through the hierarchical channel.

The decree defines the limits and the name.
CHAPTER II: ADMINISTRATION OF
DISTRICT OR VILLAGE

However, the resignation does not become effective until
that it is accepted by the prefect of the department.

Article 9: The district or the village is placed under the auttority of a district chief or a village chief,
appointed from among the inhabitants and appointed by decree of
prefect of the department, on the proposal of the
trator-mayor of the borough or community
urban authority or the sub-prefect or the administration
delegate of the rural community.

Article 17: Revocation occurs in the following cases
fronts:
- insubordination to hierarchical authority;
- incitement of populations to rebellion;
- inability to perform his duties;
- misappropriation of public property;
- disavowal by at least 2/3 of the population.

Article 10: The criteria for choosing the chef de quartier
or the village chief are the following:

CHAPTER III: ATTRIBUTIONS

- be Congolese at least twenty-five years old;
- demonstrate moral integrity;
- be accepted by the population;
- have permanent residence in the neighborhood or
in the village;
- know how to read and write.

Section 1: The neighborhood chief or the village chief
Article 18: The neighborhood chief or the village chief
provides guidance, coordination and control of
activities carried out, within the administrative framework and
municipality of its territorial jurisdiction.

Article 11: The neighborhood chief or the village chief
is, in his territorial jurisdiction, the representative either
the administrator-mayor of the district, or
the administrator-mayor of the urban community,
either the sub-prefect or the managing director of
the rural community, to whom he periodically returns
account of its management and to which it is responsible
corn.

Article 19: The neighborhood chief or the village chief
presides over official events or ceremonies
organized in its territorial jurisdiction, except in the case of
where a high ranking authority is present.
Article 20: The neighborhood chief or the village chief
countersigns the minutes of the councils of
family before him.

Article 12: The neighborhood chief or the village chief,
in his capacity as representative of the State, is subject to
the obligation of reserve.

Article 21: Under the authority of the head of the district
territorial authority to which he reports, the district manager or the
village chief is responsible, in particular, for:

To this end, in the performance of his duties, he does not
must, in any case, prevail its considerations
political, ethnic, philosophical or religious
gious.

- disseminate and apply the acts and instructions of
its hierarchical chief;
- receive birth and death declarations
and forward them to the head of the constituency
territorial;
- carry out the annual administrative census of
population and keep monographs up to date;
- participate in the revision of the electoral lists and
monitor election operations;
- ensure the maintenance of public order, security,
tranquility and inform the head of the district
territoriality of all the facts likely to
disturb them;
- ensure public sanitation, maintenance and
safeguard of the roads serving the district or the
town ;

Article 13: In the exercise of his functions, the head of
district where the village chief is assisted by a secretary
to hush up.
The choice of secretary obeys the same defined criteria.
nis in article 10 of this decree.
Article 14: The functions of district chief or
village chief and secretary end as a result
death, resignation or dismissal.
Article 15: In case of vacancy, for any reason
whether, duly noted by the administrator-

From Thursday 6 January 2011
Page
5

N ° 01-2011

Official Journal of the Republic of Congo

- proceed to the amicable settlement of disputes
minors that may arise within the population.

5

MINISTRY OF POSTS, TELECOMMUNICATIONS AND NEW TECHNOLOGIES
OF COMMUNICATION

Article 22: The neighborhood chief or the village chief
convenes the general assembly of the inhabitants of its
neighborhood or village during which he returns

Order n ° 11221 of December 31, 2010
fixing the terms of identification of subscribers

account of its activity.

subscription to fixed telephone services and
mobile and communication data retention

It collects the wishes and grievances of the population and
communicates them to the head of the administrative district

electronic tions

territorial administration.

Minister of Posts, Telecommunications
and new communication technologies,

Section 2: From the secretary
The Keeper of the Seals, Minister of
Article 23: The secretary is responsible, in particular, for:

justice and human rights,

- register and send mail;
- write reports, minutes, reports

The Minister of the Presidency in charge of
national defense,

ports and other related administrative documents
to the activities of the district or the village, for

The Minister of the Interior and
decentralization,

which the district or village chief makes
account of its activity.

Considering the Constitution;
Considering the law n ° 9-2009 of November 25, 2009 on
regulation of the communications sector

CHAPTER IV: PROVISIONS
MISCELLANEOUS AND FINALS

electronic;
Considering the law n ° 11-2009 of November 25, 2009 on

Article 24: The functions of district chief, chief
village and secretary entitle the holder to the

creation of the regulatory agency for posts and
electronic communications;

tion of an annual allowance fixed by decree
spouse of the minister responsible for the administration of

Considering the decree n ° 2009-335 of September 15, 2009 concerning
both appointment of members of the Government;

territory and the Minister of Finance.

Considering the decree n ° 2009-468 of December 24, 2009 relating to
tif to the powers of the Minister of Posts, Tele-

Article 25: The neighborhood chief and the village chief
bear distinctive signs, the characteristics of which

communications and new technologies of
communication;

ticks are determined by order of the Minister Charge of the administration of the territory.

Considering the decree n ° 2003-99 of July 17, 2003 relating to
powers of the Minister of Justice and Rights

Article 26: The minister responsible for the administration of
territory and the minister in charge of finance are
aged, each as far as he is concerned, from the execution of the
this decree which will be registered and published in
Official Journal of the Republic of Congo.

humans;
Considering the decree n ° 2009-398 of October 13, 2009 relating
the powers of the Minister of the Presidency in charge of
national defense;
Considering the decree n ° 2009-394 of October 13, 2009 relating
the powers of the Minister of the Interior and
decentralization;
In view of decree n ° 2010-554 of July 26, 2010 on

Done in Brazzaville, December 31, 2010

identification of subscribers to subscriptions to
fixed and mobile telephony services and custody

By the President of the Republic,
Denis SASSOU-N'GUESSO

electronic communications data;
Stop:

The Minister of the Interior and
decentralization,

Article 1: This decree sets the terms
identification of subscribers to subscriptions to

Raymond Zéphirin MBOULOU

fixed and mobile telephony and storage services
tion of electronic communications data.

The Minister of Finance, Budget
and the public portfolio,

Article 2: For the purposes of this decree, the following terms are understood to mean:

Gilbert ONDONGO

- Regulatory authority: the regulatory agency for
postal and electronic communications;
- Sponsorship: the possibility given to people

Page 66

Official Journal of the Republic of Congo

not having an identity document to subscribe

N ° 01-2011

Article 6: Only sellers approved by the operatelephony providers whose references are common
notified to the regulatory authority, have the right to
marketing SIM cards.

one subscription through another;
- Prepaid: the service or product paid for in advance;
Post-paid: the service or product paid for after
use;

The operators of telephone networks open to
public are required to take the necessary steps
saries, in order to enable their partners to
distribution network to be able to carry out
identification of subscribers.

- SIM: the chip containing a microcontroller and
the memory used in mobile telephony to
store specific subscriber information
of a mobile network, in particular for
65 M or UMTS networks;
- Pre-activated SIM: the sim card can be used upon purchase
without any prior identification formality;
- SMS: short message service (short messages
textual).

Operators are required to end the sale of
pre-activated SIM cards, the 1
March 2011.
er

Article 7: In accordance with the provisions of article
2 of decree n ° 2009-554 of July 26, 2010 referred to above,
the preservation of the databases of communications
electronic cations must include the parameters
of all incoming and outgoing calls, including
took those made without the presentation of the number
call. The technical data recorded must
allow the geographic location of calls.

Article 3: The operators of the telephone networks
open to the public are required to identify their subsubscribers, old and new, to
telephony services open to the public, post-paid
or prepaid, on the basis of the supply of the
below:
a) for natural persons

In the event of a request, operators are required to
communicate, within 24 hours, to the agents
born and duly authorized of the services which contribute
national security and justice, the data of
electronic communications required of them.

- a valid identification document
(national identity card, passport, driving license
driver, student card, student card,
resident or consular card), the signature of a
parents for minor children, the
creasing for people who do not have
documents attesting to their identity. The godfather is
required to register their document instead
of the subscriber.

Article 8: The telephone operators will have to
give in to the identification of subscribers on time
set by the regulations in force, from
the date of launch of the identification operation
and data archiving. Those subscribers who do not
will not have been identified will see their lines
suspended.

However, no one can sponsor more than two
people;

In the event of line suspension, operators agree to
to their subscribers a period of sixty days to
allow them to identify themselves. After this period, they canwind to terminate the line.

- the full and exact address of the person at
time of subscription.
b) for legal persons

Article 9: The director general of the regulatory agency
post office and electronic communications,
the attorney general at the supreme court, the comprincipal of the national gendarmerie, the director
general of the surveillance of the territory, are in charge,
each as far as he is concerned, from the execution of the present decree which will be recorded and published in the Journal
official of the Republic of Congo.

- the document justifying the existence of the person
moral;
- the identification document of the person responsible for
sounds moral concerned.
Article 4: The telephone operators keep,
for the duration of the subscription, the elements
identification of subscribers in digital format,
containing surnames, first names, addresses and documents,
used to identify the subscriber.

Done in Brazzaville, December 31, 2010
Minister of Posts, Telecommunications
and new technologies
communication,

The search can be carried out by the number of
telephone or by the name of the subscriber.
Article 5: The purchase of a subscription gives
place in the establishment of a file in two copies
res, containing all the identification elements of
the maid.

Thierry MOUNGALLA.
The Minister of State, coordinator of the pole
of sovereignty, keeper of the seals,
Minister of Justice and Human Rights,

This sheet materializes the contract between the subscriber and the otelephone operator. It must be preserved, by
both parties, for the duration of the subscriber
is lying.

From Thursday 6 January 2011
Page
7

Liked Emmanuel YOKA

Official Journal of the Republic of Congo

7

The Minister of the Presidency in charge of
national defense,

The approval is valid for six months and renewable once
one time.

Charles Zacharie BOWAO

The issuance and renewal of accreditation are
subject to payment of the related rights to the management
general management of the merchant navy.

The minister of the Interior
and decentralization,

Approval is individual and non-transferable. It cannot be
neither transferred nor rented.

Raymond Zéphyrin MBOULOU

The Director General of the Merchant Navy is
responsible for ensuring the regularity of the exercise of the activity
vity granted to the company ELLISSA GROUP, which is
subject to the disciplinary and penal regimes of the
merchant navy.

B - SPECIAL TEXT
MINISTRY OF TRANSPORTATION, AVIATION
CIVILIAN AND MERCHANT NAVY
APPROVAL

MINISTRY OF THE INTERIOR AND
OF DECENTRALIZATION

Order n ° 11222 of December 31, 2010 . The
company DORSAH INTERIM, BP: 025, Pointe-Noire,
is approved for the exercise of the auxiliary activity of
transport as a freight forwarder.

NOMINATION
Order n ° 11220 of December 31, 2010.
The following are appointed general secretaries of districts:

The approval is valid for six months and renewable once
one time.

Department of Bouenza
The issuance and renewal of accreditation are
subject to payment of the related rights to the management
general management of the merchant navy.

Madingou District: M GASSONGO SOKO ( Fenelon )
District of Kayes: M. KAMBI ( Alphonse )
Tsiaki District: Mr. ZAOU ( Eugène )

Approval is individual and non-transferable. It cannot be
neither transferred nor rented.

Department of Cuvette-Ouest

The Director General of the Merchant Navy is
responsible for ensuring the regularity of the exercise of the activity
vity granted to the company DORSAH INTERIM, which is
subject to the disciplinary and penal regimes of the
merchant navy.
Order n ° 11223 of December 31, 2010 . The
company ELLISSA GROUP, BP: 1194, Pointe-Noire,
is approved for the exercise of the auxiliary activity of
transport as consignee of ships.

Mbama district: Mr. BAKALA NKAYA ( Jean Mesmin )
Mbomo district: M. SEKANGUI ( André Joël )
District of Kellé: M. BANIMBA ( Symphorien )
Okoyo District: Mr. OSSASSY LEBOULOU ( Justin )
Department of Kouilou
District of Tchiamba Nzassi: Mrs. MISSOLELE born
KONTA
District of Mvouti: M. OBA ( Guy Paulin )

The approval is valid for six months and renewable once
one time.

Likouala Department

The issuance and renewal of accreditation are
subject to payment of the related rights to the management
general management of the merchant navy.

District of Epéna: Mr. NGAMPIO MBAROU ( Jean Pierre )

Approval is individual and non-transferable. It cannot be
neither transferred nor rented.

Mayoko District: M. OKOUENDE ( Robert )

Niari Department

District of Yaya: Mr. KAYI ( Jean François )

The Director General of the Merchant Navy is
responsible for ensuring the regularity of the exercise of the activity
vity granted to the company ELLISSA GROUP, which is
subject to the disciplinary and penal regimes of the
merchant navy.

Makabana District: Mrs. KONDEYA ( Apolline
Françoise )
Plateaux Department
District of Lékana: Mr. ABOU ( Egide )
District of Ngo: Mrs. KENGUE GOMA née MBOU
( Rogette Julie )

Order n ° 11224 of December 31, 2010 . The
company ELLISSA GROUP, BP: 1194, Pointe-Noire,
is approved for the exercise of the auxiliary activity of
transport as a handler.

Page 88

Official Journal of the Republic of Congo

Sangha Department

N ° 01-2011

In the event of non-observance of the provisions of this
arrested, the Tony Ser Company is liable to sanctions
and penalties provided for by the law on the protection of the child.
environment.

Pikounda District: Mr. NGATSE ( Poh )
Souanke district: Mr. YOKA ( Gaston )
Mokeko District: Mr. OKEMBA ( Roger )

This decree takes effect from the date of
signature.

The interested parties will receive the treatments and
indemnities provided for by the texts in force.
This decree, which repeals all provisions
to the contrary, takes effect from the
date of taking office of the persons concerned.

NON-OFFICIAL PART
- ANNOUNCEMENT -

MINISTRY OF SUSTAINABLE DEVELOPMENT,
FOREST ECONOMY AND
THE ENVIRONMENT
APPROVAL
Order n ° 11225 of December 31, 2010 . The
Tony Ser Company, domiciled in Pointe-Noire, BP. 1156,
Phone. : 05 553.73.09 / 05 559.05.97, is authorized to
perform services in the fields
nes of disinfection, rat control, disinfection
sectization and cleaning of water tanks, in
Republic of Congo.
The Tony Ser Company is required to operate
in accordance with the laws and regulations in force in
Republic of the Congo and international conventions
standards in terms of environmental protection.
This approval is issued exclusively for
the activities granted to the Tony Ser Company.
It is strictly personal and non-transferable.
The duration of this approval is set at three years
renewable.
The Tony Ser Company must regularly provide the
Directorate-General for the Environment,
on the list of chemicals used
in the aforementioned operations, their technical sheets
and suppliers.

LEGAL ANNOUNCEMENT
Limited liability company
with a capital of 5,000,000 FCFA
Headquarters: Zone Industrielle de la Foire
BP 5361, Pointe-Noire
Republic of Congo
RCCM: POINTE-NOIRE N ° 02-B-268
According to the minutes of the general meeting
mixed, dated June 22, 2010, recorded in PointeNoire (Recipes from Pointe-Noire Center), December 16
bre 2010, under number 4851, folio 219/20,
the Sole Shareholder has decided in particular:
- ordinarily, to renew the mandate of the
auditor, the company
PricewaterhouseCoopers Congo, for a period of
three financial years, i.e. until the end of
the general assembly having to rule on the states
summary financial statements for the year ended 31
December 2012,
- as an extraordinary measure, continue the activity of the
company, despite the losses making the situation
company net less than more than half of the
share capital.
Filing of the said report was made at the Registry of
Pointe-Noire Commercial Court.

Page 12
10
9
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Printed in the workshops
of the Printing Office of the Official Journal
BP: 2087 Brazzaville

To notice,
The manager.

