Executive Council Resolution No. (21) of 2011
Concerning Higher Education Institutions Based in
the
Free Zones of the Emirate of Dubai[1]
ـــــــــــــــــــــــــــــــــــــــــــــــ
We, Hamdan bin Mohammed bin Rashid Al Maktoum,
Crown Prince of Dubai, Chairman of the Executive Council,
After perusal of:
Law No. (3) of 2003
Establishing the Executive Council of the Emirate of Dubai; and
Law No. (30) of
2006 Establishing the Knowledge and Human Development Authority in the Emirate
of Dubai,
Do hereby issue this Resolution:
The following words and
expressions, wherever mentioned in this Resolution, will have the meaning
indicated opposite each of them unless
the context implies otherwise:
|
UAE: |
The United Arab
Emirates. |
|
Emirate: |
The Emirate of Dubai. |
|
Executive Council: |
The Executive Council of
the Emirate. |
|
Free Zone: |
Any free zone
established in the Emirate. |
|
Authority: |
The Free Zone Authority. |
|
KHDA: |
Knowledge and Human
Development Authority of Dubai. |
|
Director General: |
The Director General of
KHDA. |
|
Academic Institution: |
An independent academic
institution or a branch of an academic institution based within or outside of
the UAE to which the KHDA issues an Academic Authorisation to provide higher
education and scientific research programmes within the Free Zone. Such
institution grants Academic Qualifications in any programme for which the
length of study is not less than one (1) year to students who have obtained
high school or equivalent qualification. This includes universities, colleges,
etc. |
|
Higher Education Programme:
|
A series of courses or
academic modules offered by the Academic Institution that qualifies students who
complete the requirements for obtaining an Academic Qualification. |
|
Commercial Licence: |
The licence issued by
the Authority which authorises the Academic Institution to carry on its
business within the Free Zone. |
|
Academic Authorisation: |
The document issued by the
KHDA which grants approval for the Academic Institution to carry on its
business within the Free Zone. |
|
Academic Qualification: |
The intermediate diploma
or Bachelor’s degree or equivalent, higher diploma, Master’s degree, or
Doctorate degree granted by the Academic Institution in any field of study. |
|
Certification: |
Recognition by the KHDA
of the Academic Qualification granted by the Academic Institution to students
who successfully meet the requirements of any Academic Qualification. |
The provisions of this Resolution will apply to
all Academic Institutions operating within Free Zones regardless of whether
they are authorised to operate before or after this Resolution comes into
force.
For the purposes of this Resolution, the KHDA will
supervise Academic Institutions within Free Zones, and will in particular:
1.
grant
initial approval to entities wishing to provide Higher Education Programmes
within Free Zones to obtain Commercial Licences in accordance with the
standards and requirements adopted by the KHDA in this regard;
2.
grant
Academic Authorisation to entities wishing to provide Higher Education Programmes
within Free Zones upon meeting the requirements and completing the procedure
prescribed for issuing such Authorisation, and publicise this Academic Authorisation
in any way it deems appropriate;
3.
adopt
the standards and rules required for granting the Academic Authorisation, and adopt
the appropriate mechanism for regulating the activities of the Academic
Institution;
4.
determine
the procedures, documents, records, facilities, equipment, and any other
technical, administrative, and financial requirements, as well as any guarantees
and approvals that must be obtained by the entities wishing to obtain Academic
Authorisations;
5.
establish
the guiding principles and mechanisms for appropriate evaluation by Academic
Institutions of their activities, their Higher Education Programmes, and their
outcomes;
6.
approve
the academic year calendar, Higher Education Programmes, and Academic Qualifications
granted by Academic Institutions;
7.
monitor
compliance by Academic Institutions with the standards and requirements determined
in this Resolution and in the bylaws issued by KHDA, as well as with the terms
of their Academic Authorisation by analysing reports and conducting field
visits;
8.
monitor
and assure the quality of the Higher Education Programmes offered by Academic
Institutions and ensure compliance with the quality principles and standards
approved by the KHDA in this regard;
9.
attest
the Academic Qualifications granted by Academic Institutions; and
10. create a database of Academic Institutions, Higher
Education Programmes, academic levels and activities conducted by Academic
Institutions.
a.
No
entity may offer Higher Education Programmes within Free Zones unless it
obtains prior Academic Authorisation from the KHDA.
b.
No
Academic Institution may conduct its business in offering any Higher Education Programme
or grant any Academic Qualification which does not feature in its Academic
Authorisation unless it obtains prior approval from the KHDA.
The KHDA will conduct on-site inspection and audit
of the entities applying for Academic Authorisations. In the light of its
findings, the KHDA may take any of the following measures:
1.
Grant
the applicant an Academic Authorisation to conduct academic activity in the
event the applicant meets all operating requirements and fulfils any remaining requirements
as may be determined by the KHDA.
2.
In
the event the applicant fails to meet all operating requirements or to fulfil
any other remaining requirements within the time frame determined by the KHDA,
the applicant will not be granted Academic Authorisation to conduct the
activity and the Authority will be advised to cancel the Commercial Licence if
obtained.
3.
The
KHDA must notify the owner or the founder applying for Academic Authorisation
of the approval or rejection of the application within ninety (90) days from
the date of the submission of a complete application, and upon expiry of such
time limit and no such notification is communicated to the applicant, then the
application will be deemed rejected.
An Academic Authorisation will be valid for one
(1) year, and may be renewed for similar periods based on an application
submitted by the Academic Institution to the KHDA at least ninety (90) days
prior to its expiry.
An Academic Institution may not change
its name, address, Academic Qualifications granted, Higher Education Programmes provided, academic regulations or shareholders, or make any material
change to its activities without obtaining the KHDA prior approval.
a.
Each Academic Institution must have an independent campus suitable
for conducting academic activities. The campus must meet all conditions and technical, engineering,
health, and environmental requirements adopted in this regard.
b.
Without prejudice to
the construction, health, and occupational safety requirements stipulated in
the applicable legislation of the Emirate, the KHDA will issue a regulation to
determine the required technical specifications of the campus of an Academic
Institution.
c.
An
Academic Institution may not construct any
buildings, add new facilities, or lease any premises
for the purposes of conducting academic activity or student housing without
obtaining the prior approval of the KHDA.
Academic Qualifications granted by the
Academic Institutions and attested by the KHDA will be recognised in the
Emirate by all public and private entities for all purposes.
Each Academic
Institution must have a full-time academic president to administer and
supervise its academic affairs. The academic
president will be accountable to the KHDA for the Academic Institution, and
must be known for his honesty and good conduct. The academic president must be
a holder of Doctorate degree and must meet all other requirements determined by
the KHDA in this regard.
An Academic Institution must:
1.
procure
the requisites necessary for conducting its academic activities, including
supplies, equipment, furniture, buses, and other requisites deemed necessary by
the KHDA;
2.
satisfy
all health and environmental requirements within the campus, and to provide
services required for conducting its activities;
3.
appoint
qualified administrative and technical staff, and to provide the KHDA with
their names, data, academic qualifications, and the basis of their appointment;
4.
manage
the campus and its facilities in accordance with the KHDA’s instructions and
guidelines;
5.
maintain
the quality of academic services;
6.
submit
to the KHDA an annual report on the academic, financial, and administrative status
of the Academic Institution;
7.
provide
all necessary information and data to the KHDA and its staff, as well as to the
authorised persons who audit and assess the activities, documentation, and
facilities of the Academic Institution;
8.
maintain
the records and files of students and staff of the Academic Institution;
9.
appoint
the academic president of the Academic Institution;
10. maintain public order, public morals, values,
and traditions of the UAE and respect for religions; and
11. comply with any other obligations determined by the
KHDA.
a.
Academic Institutions will be audited and monitored by the KHDA
which may form specialist
committees from among KHDA staff or other persons to supervise the academic activities
of the Academic Institution and its compliance with the approved terms,
conditions, and standards.
b.
The
KHDA will lay down the mechanism for
performance evaluation and quality assurance of the services of Academic
Institutions.
c.
The KHDA will issue an annual report on the findings of the performance
evaluation of the Academic Institution, and may publish such findings in the
manner it deems appropriate.
An Academic Authorisation may not be
assigned to any Academic Institution or other entity without obtaining the KHDA’s prior approval.
Any assignment made contrary to the provisions of this Article will be deemed
void.
a.
The KHDA will collect the fees prescribed in Schedule (1) attached
to this Resolution in return for issuing Academic Authorisations, attesting Academic
Qualifications, and providing all other services set out in this Resolution and
the bylaws issued in pursuance hereof.
b.
The fees and fines received by the KHDA pursuant to this Resolution will
be paid to the public treasury of the Government of Dubai.
a.
Without prejudice to any stricter penalty stipulated in any other
legislation, any person who violates the provisions of this Resolution and the bylaws
issued in pursuance hereof will be punished by the fine prescribed for such a
violation in Schedule (2) attached to this Resolution.
b.
The amounts of the fines stipulated in Schedule (2) referred to in paragraph (a) of
this Article will be doubled in case of recurrence of the same violation within
one (1) year. A fine must not exceed two hundred thousand Dirhams (AED 200,000.00).
c.
In addition to the penalty of a fine stipulated in this Article, the KHDA
may, in coordination with the competent authorities, take one or more of the
following actions:
1.
prevent the Academic Institution from admitting new students; and/
or
2.
close down the Academic Institution and revoke the Academic Authorisation.
KHDA officers and inspectors appointed pursuant to
a resolution of the Director General will have the capacity of law enforcement officers to record the acts committed in breach of the
provisions of this Resolution and the bylaws issued in pursuance hereof. For
this purpose, they may access the Academic Institution and its various
facilities, review its registers and entries to record any violations, and issue
the necessary violation reports. They may also seek assistance of the police.
Any affected party may file a
grievance in writing to the Director General within thirty (30) days from the
date of notification of the decision or measures taken by the KHDA. Such
grievance will be determined, within sixty (60) days from the date of
submission of the grievance, by a committee formed by the Director General for
this purpose, and the decision rendered by this committee in respect of such grievance
will be deemed final.
The Director General will issue the bylaws
and resolutions necessary for the implementation of the provisions of this Resolution, and such bylaws
and resolutions will be published in the Official Gazette of the Government of
Dubai.
All Academic Institutions
licensed prior to the effective date of this Resolution must comply with its
provisions no later than one (1) year from the day on which it comes into
force.
Any provision in any other resolution
will be repealed to the extent that it contradicts the provisions of this
Resolution.
This Resolution will be
published in the Official Gazette and will come into force on the day on which
it is published.
Hamdan Bin Mohammed Bin Rashid Al
Maktoum
Crown Prince of Dubai
Chairman of the Executive Council
Issued in Dubai on 26 June 2011
Corresponding to 24 Rajab 1432 A.H.
|
|
Description |
Fees (in
Dirhams) |
|
1 |
Annual
Academic Authorisation for an Academic Institution offering 1 to 5 Higher Education Programmes. |
150,000.00 |
|
2 |
Annual
Academic Authorisation for an Academic Institution offering 6 to 10 Higher Education Programmes. |
175,000.00 |
|
3 |
Annual Academic Authorisation for an Academic Institution
offering 11 Higher
Education Programmes or more. |
200,000.00 |
|
4 |
Attesting Academic Qualifications, transcripts, and any other
documents related to the Academic Institution’s students. |
AED 200.00
for each qualification, transcript, or document |
|
|
Description
of the Violation |
Fines (in
Dirhams) |
|
1 |
Conducting an academic activity within the Free
Zone without an Academic Authorisation from the KHDA. |
200,000.00 |
|
2 |
Conducting an activity not covered by the
Academic Authorisation. |
100,000.00 |
|
3 |
Carrying on business under an expired Academic
Authorisation. |
50,000.00
for each month of delay, provided that the fine does not exceed 200,000.00 |
|
4 |
Introducing or phasing out Higher Education Programmes
or activities without obtaining prior approval of the KHDA. |
50,000.00 |
|
5 |
Obstructing the KHDA’s inspectors from
performing their duties. |
10,000.00 |
|
6 |
Delay of the academic year start date beyond the
date prescribed by the KHDA. |
50,000.00 |
|
7 |
Failure to procure the requisites necessary for
conducting academic activities. |
100,000.00 |
|
8 |
Constructing, adding, or leasing any facilities
without obtaining the prior approval of the KHDA. |
50,000.00 |
|
9 |
Failure to comply with the security, health, and
occupational safety requirements adopted by the KHDA within the campus. |
50,000.00 |
|
10 |
Failure to provide the KHDA with the requested
reports, information, and data on time. |
50,000.00 |
|
11 |
Failure to maintain records and files for the
students and staff of the Academic Institution. |
100,000.00 |
|
12 |
Violating the terms and conditions of the
Academic Authorisation. |
100,000.00 |
|
13 |
Submitting forged documents or inaccurate
information to obtain an Academic Authorisation. |
100,000.00 |
|
14 |
Failure to comply with the provisions of this
Resolution by an Academic Institution operating in a Free Zone before the
effective date of this Resolution within the specified time frame. |
100,000.00 |
|
15 |
Non-compliance with the KHDA’s resolutions and
instructions. |
50,000.00 |
©2014 The
Supreme Legislation Committee in the Emirate of Dubai
[1]Every effort has been made to produce an accurate
and complete English version of this legislation. However, for the purpose of
its interpretation and application, reference must be made to the original
Arabic text. In case of conflict, the Arabic text will prevail.