RDC: Décret 26/011 Réserve Petit Commerce aux Nationaux

• The DRC has introduced Decree n°26/011, effective March 30, 2026, to restructure its small-scale and retail trade sectors.
• Under the new decree, small-scale and retail trade activities are now exclusively reserved for Congolese citizens.
• Foreign investors can still operate in ten specific capital-intensive commercial categories.
• Foreign operators in authorized sectors must obtain a non-objection opinion from the Ministry of National Economy.
• The reform aims to clarify roles, ensure balanced competition, and foster a more structured economic environment in the Democratic Republic of Congo.

For foreign entities seeking to engage in these permissible sectors, a mandatory prerequisite has been established: they must secure an avis de non-objection from the Ministry of National Economy.

The Democratic Republic of Congo's Vice-Prime Minister and Minister of National Economy, Daniel Mukoko Samba, has initiated a comprehensive public awareness campaign regarding the implementation of a significant new commercial regulation. This initiative aims to inform economic operators about Decree n°26/011, which was enacted on March 30, 2026, and specifically addresses the conduct of small-scale trade and retail commerce within the country. The primary objective behind this legislative reform is to enhance the structural organization of the domestic market and to establish clearer guidelines governing various commercial activities across the nation.

During a recent engagement held on Sunday, October 4, in Kinshasa, Minister Mukoko Samba convened with representatives from professional associations, employer organizations, and other key economic stakeholders. At this gathering, he elucidated the core tenets of the reform, emphasizing its intent to bring greater order to the commercial sector. A central tenet of the new framework is to foster an environment of equitable competition among all participants in the economy, ensuring that market dynamics are both fair and efficient. This proactive communication strategy underscores the government's commitment to transparent implementation of the new rules.

A pivotal aspect of the décret n°26/011 du 30 mars 2026 is the explicit reservation of certain commercial activities exclusively for Congolese citizens. Specifically, the regulation designates both small-scale trade, often referred to as petit commerce, and retail trade, or commerce de détail, as domains solely accessible to national operators. This measure is intended to empower local entrepreneurs and ensure their prominent role in these fundamental economic segments within the République démocratique du Congo.

However, the decree also outlines provisions for foreign investment, allowing non-Congolese operators to participate in specific commercial categories. Minister Mukoko Samba clarified that ten distinct categories of activities, characterized by their capital-intensive nature, remain open to international investors. For foreign entities seeking to engage in these permissible sectors, a mandatory prerequisite has been established: they must secure an avis de non-objection from the Ministry of National Economy. This requirement, which necessitates prior approval from the minister overseeing national economic affairs, is a critical step for any foreign enterprise planning operations under the new RDC décret 26/011 petit commerce framework.

The government's stated rationale for this extensive réforme commerce RDC is not to exclude any particular group of economic actors but rather to delineate clear roles for all participants, thereby cultivating a more structured and competitive commercial landscape. Minister Mukoko Samba highlighted that the development of this decree involved extensive consultations and dialogues with various stakeholders across the commercial sector, ensuring a collaborative approach to its formulation. This consultative process aimed to build consensus and address diverse perspectives before the final implementation.

Ultimately, the reform seeks to bolster the organization of internal trade and establish a more transparent regulatory environment for both domestic and international investors. The authorities anticipate that these measures will foster the emergence of a more robust economic fabric, capable of nurturing local entrepreneurship while simultaneously attracting essential capital into sectors requiring significant investment. By clarifying the operational parameters for producers, importers, wholesalers, distributors, and retailers, the government aims to ensure that each actor contributes effectively to the country's economic dynamism, leading to a well-functioning market where rules are sufficiently clear to allow for balanced development and growth.

Lawyers must advise foreign investors on the new requirement to obtain a non-objection opinion from the Ministry of National Economy for certain commercial activities in the DRC, and inform them of sectors now exclusively reserved for Congolese citizens under Decree n°26/011. Compliance officers should review their company's operational scope in the DRC to ensure adherence to these new regulations.

Source: Original reporting via local press in Kinshasa.