The right to use a land fund is called "concession". It is legally established by a registration certificate of land granted by the State. It is unassailable after 2 years from the date of its establishment.
The two kinds of concessions :
- Perpetual concession, reserved for Congolese (without time limit) ;
- Ordinary concessions available for Congolese and foreigners (for a period of 25 years renewable without limitation).
Steps to obtain an ordinary concession for agricultural use :
a. General step
- Identification of land (contact the Ministry of Land Affairs or ANAPI) ;
- Signature of an agreement with traditional authority of the area against payment of a sum of money and goods in kind according to custom ;
- Land vacancy inquiry and demarcation by the government relevant departments (local departments of the Ministry of Agriculture and the Ministry of Land Affairs) ;
- Signature of the concession contract (Registrar of Real Estate Titles) ;
- Establishment of the registration certificate by the Registrar of Real Estate Titles.
b. Specific Step
- Depending on the area to be acquired, the competent authorities to intervene following the approval of the concession contract :
- The contract must be approved by a law for the blocks of equal or superior to 2000 ha land ;
- The contract must be approved by order of the President of the Republic for the blocks of land above and below 1000 ha to 2000 ha ;
- The contract must be approved by the Ministry of Land Affairs for blocks of land over 200 ha not exceeding 1000 ha ;
- The contract must be signed by the Governor of the Province for the blocks of land at or below 200 ha. The Provincial Governor may delegate his powers to the Registrar of Real Estate Securities for land under 50 ha.