Executive
Council Resolution No. (50) of 2015
Regulating
Training
Institutes in 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;
Law No. (9) of 2004 Concerning the Dubai
International Financial Centre and its amendments;
Law No. (30) of 2006 Establishing the Knowledge
and Human Development Authority in Dubai;
Law No. (14) of 2009 Concerning the Pricing of
Government Services in the Emirate of Dubai and its amendments;
Law No. (35) of 2009 Concerning Management of the
Public Funds of the Government of Dubai and its amendments;
Law No. (13) of 2011 Regulating the Conduct of
Economic Activities in the Emirate of Dubai and its amendments;
Decree No. (22) of 2009 Concerning Special
Development Zones in the Emirate of Dubai; and
The legislation establishing and regulating
free zones 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. |
|
KHDA: |
The Knowledge and Human Development Authority in
Dubai. |
|
Government Entity: |
Any of the Government departments, public agencies
and corporations, councils, authorities, or other Government entities. |
|
Licensing Authority: |
An entity legally authorised to license Economic
Activities in the Emirate, in a free zone, or in a Special Development Zone. |
|
Concerned Entity: |
A Government Entity which legally supervises an activity
that is related to the Training Programmes offered by a Training Institute,
and whose approval is required for issuing an Authorisation. |
|
Director General: |
The chairman of the Board of Directors and director
general of the KHDA. |
|
Training Institute: |
A private establishment authorised pursuant to this
Resolution to offer Training Activities to others in the Emirate. |
|
Training Activity: |
The delivery of Training Programmes in any of the
fields which are authorised in the Emirate and determined and categorised
pursuant to a resolution issued by the Director General in coordination with a
Licensing Authority. |
|
Training
Programme: |
A
training course or a series of training courses offered to Trainees in order
to increase their knowledge and develop their skills in any educational or
professional field. |
|
Trainee: |
A
natural person who participates in any Training Programmes offered by a
Training Institute or by an entity holding an Authorisation from the KHDA to
deliver Training Programmes. |
|
Licence: |
The document issued by a Licensing Authority which
authorises a Training Institute to conduct its Commercial Activity. |
|
Authorisation: |
The document issued by the KHDA which authorises a
Training Institute to conduct a Training Activity in the Emirate. |
|
Training Certificate: |
The document issued by a Training Institute which
certifies that a Trainee has successfully completed or participated in a
Training Programme. |
|
Attestation: |
The recognition by the KHDA that a Training
Certificate is authentic. |
|
Person: |
A natural or legal person. |
a. This
Resolution will apply to any Person who conducts a Training Activity in the
Emirate, including Special Development Zones and free zones such as the Dubai International
Financial Centre.
b. This
Resolution will not apply to:
1. Government
Training Institutes and Government Entities;
2. entities
authorised by a Government Entity, pursuant to the legislation in force in the
Emirate, to conduct a Training Activity;
3. private
entities that provide Training Programmes by themselves to their employees in
order to increase their knowledge and develop their skills;
4. Training
Programmes related to conferences licensed to be held in the Emirate by
Concerned Entities; and
5. any
other entities or Training Activities exempted from compliance with the
provisions of this Resolution pursuant to a resolution of the Chairman of the
Executive Council.
The
KHDA will supervise Training Institutes and regulate their business. For this
purpose, the KHDA will have the authority to:
1. determine,
categorise, and update the lists of, Training Activities in coordination with
Licensing Authorities;
2. issue
Authorisations in accordance with the conditions and procedures stipulated in
this Resolution and the resolutions issued in pursuance hereof;
3. issue
authorisations to parties other than Training Institutes to deliver training
courses;
4. develop
the standards and rules required for approving the delivery of Training
Programmes by Training Institutes;
5. approve
the conditions and qualifications that must be met by the technical and
administrative staff of Training Institutes;
6. monitor
and control the quality of the Training Programmes offered by Training Institutes,
and verify that Training Institutes comply with the provisions of this
Resolution, the resolutions issued in pursuance hereof, and the relevant rules and
standards approved by the KHDA;
7. prepare
annual reports on the performance and activities of Training Institutes, and the
Training Programmes offered by them; and publish these reports in any manner it
deems appropriate;
8. in
accordance with the relevant conditions and rules approved by the KHDA, approve
the content of promotional material of Training Institutes wishing to advertise
their services;
9. receive,
investigate, and take the necessary action in respect of complaints filed
against Training Institutes;
10. maintain
a register for recording the names and addresses of Training Institutes; the
names of their owners, their activities, their Training Programmes; the parties
other than Training Institutes which are authorised to deliver training courses;
and any other information the KHDA deems necessary; and
11. perform
any other duties related to regulating Training Institutes and Training
Activities.
a. No
Person may offer Training Activities to others in the Emirate without first obtaining
the relevant Authorisation from the KHDA and a Licence from the relevant Licensing
Authority.
b. A
Training Institute may not conduct a Training Activity in any field that is not
stated in its Authorisation.
c. A
Person who owns a training venue or has the right to manage a training venue
may not allow any other Person, including Training Institutes, to deliver a Training
Programme in this venue unless the Person wishing to deliver that Training
Programme has obtained the relevant permit from the KHDA.
a. The
KHDA will attest Training Certificates, including Training Certificates issued
by the parties authorised by the KHDA other than Training Institutes.
b. Notwithstanding
paragraph (b) of Article (2) of this Resolution, the KHDA may, upon the request
of a Government Entity, attest the Training Certificates issued by this entity
in accordance with the rules and conditions determined pursuant to the relevant
resolution of the Director General.
To be
issued an Authorisation, an
applicant must:
1. be
of full legal capacity and of good character and repute; not have been sentenced
for any felony or other crime affecting honour or trustworthiness or dismissed
from employment for disciplinary reasons, unless he has been pardoned or rehabilitated;
2. submit
a feasibility study for the Training Institute to be established, including all
documents and information prescribed by the KHDA;
3. provide
premises which are appropriate for the relevant Training Activity and meet the conditions
and rules approved by the KHDA; and the conditions and requirements stipulated
in the planning, construction, health, safety, and environmental regulations
adopted by concerned Government Entities in the Emirate;
4. provide
qualified academic and administrative staff in accordance with the rules and
requirements approved by the KHDA in this respect;
5. provide
all training resources and teaching aids, including training and teaching tools,
laboratories, and information technology as per the economic feasibility and
training plan;
6. obtain
approvals from the Concerned Entities; and
7. meet
any other requirements determined pursuant to the relevant resolutions issued
by the Director General.
The KHDA may exempt an applicant for Authorisation from
the condition stipulated in paragraph (3) of Article (6) of this Resolution, and authorise this applicant,
in accordance with his Authorisation, to conduct a Training Activity at any venue, in accordance with the conditions and rules determined pursuant
to the relevant resolutions issued by the Director General.
An
Authorisation will be issued in accordance with the procedures determined
pursuant to the relevant resolution issued by the Director General in
coordination with the relevant Licensing Authority. These procedures must include
the application processing stages, and the necessary information and documents;
the prescribed conditions, and the forms and time required, for completion of
each stage.
An
Authorisation will be valid for a period of one (1) year, renewable for the
same period. An Authorisation will be renewed based on an application submitted
by the relevant Training Institute to the KHDA, thirty (30) days prior to the
date of expiry of the Authorisation, in accordance with the conditions and
procedures determined pursuant to the relevant resolutions of the Director
General.
No
Authorisation may be assigned to any other entity without first obtaining the relevant
approval of the KHDA. This approval will be issued in accordance with the rules
and conditions determined pursuant to the relevant resolutions of the Director
General. Any assignment in contravention of this Article will be null and void.
The
KHDA may, pursuant to the rules, conditions, and procedures determined by the
relevant resolutions of the Director General, issue an Authorisation to a party
other than a Training Institute to deliver a training course to others.
In
addition to the obligations stipulated by the provisions of the legislation in
force in the Emirate, a Training Institute must:
1. comply with the terms of its Authorisation;
2. not conduct any Training Activity other than the Training Activity
stated in its Authorisation;
3. not offer any Training Programme which is not stated in its Authorisation,
or make any modification to a Training Programme stated in its Authorisation without
first obtaining the relevant written approval of the KHDA;
4. not deliver a Training Programme outside of its premises
unless its Authorisation so permits, or unless it first obtains the relevant
written approval of the KHDA;
5. observe public order and morality and
the UAE values and traditions, and not
express contempt for any religion; engage in politics; or stir sectarian, racial, or ethnic conflicts;
6. not make any modification to the details of its Licence or Authorisation without first obtaining the relevant written approval of the KHDA;
7. inform
the KHDA, prior to conducting any Training Activity, of the fees it will charge for enroling Trainees in the
Training Programmes it offers;
8. not accept gifts or donations from any entity within or
outside of the Emirate without first obtaining the relevant written approvals from the KHDA and concerned Government Entities;
9. use the premises of the Training Institute only for authorised
purposes;
10. neither construct nor add any new buildings or facilities
to the Training Institute; nor close down any existing facility; nor take
lease of any premises without first obtaining the relevant written approval of the KHDA;
11. manage the Training Institute and its affiliates in accordance with the provisions of this Resolution
and the resolutions issued in pursuance hereof;
12. provide all information and data,
within the time frames determined by the KHDA, to the KHDA, its employees, and its authorised
representatives,
while they are
conducting the audit and assessment
of the activities, documents, and facilities of the Training
Institute;
13. create records and files of the Trainees and the
technical staff of the Training Institute, and maintain the same for the period determined
pursuant to the relevant resolutions of the Director General;
14. not advertise the Training Institute or its activities and Training Programmes in a misleading
manner or in a manner that contradicts the Authorisation issued to it by the KHDA;
15. provide the KHDA with its annual training plan, an annual report on the
Training Programmes it has delivered
and its Trainees, and any other reports required by the KHDA; and
16. perform any other obligations determined pursuant to a resolution
of the Director General.
In
addition to other requirements determined pursuant to the relevant resolutions of
the Director General, the director of a Training Institute must be known for his
integrity and good character and repute, and must be qualified to manage and
supervise the Training Institute.
a. The
KHDA will audit and supervise Training Institutes in the manner it deems
appropriate to verify their compliance with the provisions, conditions, and
standards stipulated in this Resolution and the resolutions issued in pursuance
hereof.
b. The
KHDA will establish a process for performance assessment and quality assurance
at Training Institutes.
c. The
KHDA will issue a periodic report on the outcome of assessment of Training Institutes,
and may publish its findings in the manner it deems appropriate.
a. In
return for issuing and renewing Authorisations and providing the services
stated in this Resolution, the KHDA will charge the fees prescribed in Schedule
(1) attached to this Resolution.
b. Notwithstanding
paragraph (a) of this Article, in return for issuing and renewing the
Authorisations of the Training Institutes existing by the effective date of
this Resolution, the KHDA will charge the fees prescribed in Schedule (2)
attached to this Resolution.
c. Fees
that may be charged to the Training Institutes to which this Resolution applies,
in return for issuing and renewing Authorisations and performing the technical
supervision of their Training Activities, will be limited to those prescribed
in Schedules (1) and (2) attached to this Resolution.
a. Without
prejudice to any stricter penalty stipulated in any other resolution, a person
who commits any of the violations stipulated in Schedule (3) attached hereto
will be punished by the fine indicated opposite that violation.
b. Upon
repetition of the same violation within one (1) year from the date of the
previous violation, the amount of the fine referred to in paragraph (a) of this
Article will be doubled. A doubled fine must not exceed one hundred thousand
Dirhams (AED 100,000.00).
c. In
addition to the penalty of a fine referred to in paragraph (a) of this Article,
the Director General or his authorised representative may, in coordination with
the relevant Licensing Authority, take one or more of the following measures
against a violating Training Institute:
1. suspending
the Training Activity of the Training Institute for a period not exceeding six
(6) months;
2. suspending
the enrolment of new Trainees by the Training Institute;
3. revoking
the Authorisation; and/or
4. coordinating
with the Licensing Authority to revoke the Licence.
The KHDA
employees nominated 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 resolutions issued in
pursuance hereof. For this purpose, they may access Training Institutes and their
facilities, gain access to their records, issue the necessary violation reports,
and, where necessary, seek the assistance of police personnel.
Any
affected party may submit to the Director General a written grievance against
any decisions, procedures, or measures taken against him in accordance with
this Resolution or the resolutions issued in pursuance hereof, within thirty
(30) days from the date of being notified of the contested decision, procedure,
or measure. The grievance will be determined, within sixty (60) days from the
date of its submission, by a committee formed by the Director General for this
purpose, and the decision issued by the committee on the grievance will be
final.
a. The
KHDA may seek assistance from the experts and specialists it deems appropriate
to verify that any application for Authorisation or for adding any Training
Programme meets the relevant technical requirements. The applicant must bear
the cost of such assistance, and must be notified of this cost in advance by
the KHDA.
b. The
applicant referred to in paragraph (a) of this Article must coordinate and
cooperate with the entity whose assistance is sought by the KHDA.
The
fees and fines collected pursuant to this Resolution will be paid to the Public
Treasury of the Government of Dubai.
The Director
General will issue the resolutions required for the implementation of this Resolution.
These resolutions will only come into force upon their publication in the
Official Gazette of the Government of Dubai.
All
establishments operating in the field of delivering Training Programmes in the
Emirate by the effective date of this Resolution must comply with its
provisions within one (1) year of that effective date. The Director General
may, where necessary, extend this grace period once for the same period.
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 19 November 2015
Corresponding
to 7 Safar 1437 A.H.
Schedule (1)
|
SN |
Description |
Fee (in Dirhams) |
|
1 |
Application for an Authorisation |
5,000.00 |
|
2 |
Issuing or renewing the Authorisation of a Training
Institute that delivers 1 or 2 Training Programmes |
25,000.00 |
|
3 |
Issuing or renewing the Authorisation of a Training
Institute that delivers 3 or 4 Training Programmes |
30,000.00 |
|
4 |
Issuing or renewing the Authorisation of a Training
Institute that delivers 5 or 6 Training Programmes |
35,000.00 |
|
5 |
Issuing or renewing the Authorisation of a Training
Institute that delivers 7 or more Training Programmes |
40,000.00 |
|
6 |
Issuing an Authorisation to a party other than a Training
Institute to deliver a training course |
AED 15,000.00 per training course |
|
7 |
Request to add a Training Programme |
2,500.00 |
|
8 |
Request for approval of advertisements |
100.00 |
|
9 |
Variation of the basic details of an Authorisation |
AED 100.00 per variation |
|
10 |
Attestation of a Training Certificate |
50.00 |
Schedule (2)
|
SN |
Description |
Fee (in Dirhams) |
||
|
1st Year |
2nd Year |
3rd or any
Subsequent Year |
||
|
1 |
Renewing the Authorisation of a Training Institute
delivering 1 or 2 Training Programmes |
10,000.00 |
18,750.00 |
25,000.00 |
|
2 |
Renewing the Authorisation of a Training Institute that
delivers 3 or 4 Training Programmes |
10,000.00 |
22,500.00 |
30,000.00 |
|
3 |
Renewing the Authorisation of a Training Institute that
delivers 5 or 6 Training Programmes |
10,000.00 |
26,250.00 |
35,000.00 |
|
4 |
Renewing the Authorisation of a Training Institute that
delivers 7 or more Training Programmes |
10,000.00 |
30,000.00 |
40,000.00 |
|
SN |
Violation |
Fine (in Dirhams) |
|
1 |
Delivering a Training Activity without obtaining an Authorisation |
50,000.00 |
|
2 |
Failure to comply with the terms of Authorisation |
50,000.00 |
|
3 |
Conducting a Training Activity not stated in the
Authorisation |
50,000.00 |
|
4 |
Delivering a Training Programme not stated in the
Authorisation, or making any modification to a Training Programme stated in
the Authorisation without first obtaining the relevant approval of the KHDA |
25,000.00 |
|
5 |
Conducting a Training Activity with an expired
Authorisation |
AED 15,000.00 per month up to AED 100,000.00 (a part
of a month will be rounded up to a full month) |
|
6 |
Delivering a Training Programme outside the premises
of the Training Institute in contravention of the terms of the Authorisation
or without first obtaining the relevant written approval of the KHDA |
20,000.00 |
|
7 |
Varying any of the Licence or Authorisation details
without first obtaining the relevant written approval of the KHDA |
25,000.00 |
|
8 |
Conducting a Training Activity prior to informing
the KHDA of its fees |
10,000.00 |
|
9 |
Failure by a Training Institute to provide the KHDA
with the required reports and information within the prescribed time frames |
20,000.00 |
|
10 |
Accepting gifts or donations without first obtaining
the relevant written approvals of the KHDA and concerned Government Entities |
20,000.00 |
|
11 |
Using the premises of the Training Institute for other
than the authorised purposes |
20,000.00 |
|
12 |
Adding or taking lease of any new buildings or
facilities or closing down buildings or facilities without first obtaining
the relevant written approval of the KHDA |
20,000.00 |
|
13 |
Failure to comply with the resolutions and
instructions issued by the KHDA |
5,000.00 |
|
14 |
Obstructing the work of KHDA employees or any
Persons authorised by the KHDA to perform inspections |
5,000.00 |
|
15 |
Failure to create the records and files of Trainees
and employees of the Training Institute |
20,000.00 |
|
16 |
Failure to maintain the records and files of
Trainees and employees of the Training Institute for the period determined by
the KHDA |
10,000.00 |
|
17 |
Advertising a Training institute or its activities
and Training Programmes in a misleading manner or in a manner that contradicts
the Authorisation issued to it by the KHDA |
25,000.00 |
|
18 |
Failure to provide the equipment and supplies required
for conducting a Training Activity, or providing equipment and supplies that
are unfit for use or purpose |
20,000.00 |
|
19 |
Providing false documents or information to obtain
an Authorisation |
20,000.00 |
|
20 |
Failure by an establishment operating in the field
of providing Training Programmes to comply with the provisions of this
Resolution within the grace period prescribed herein |
50,000.00 |
|
21 |
A Person who owns a venue, or has the right to
manage a venue, allowing another Person, including Training Institutes, to
deliver a Training Programme in the venue although the Person wishing to
deliver the Training Programmes has not obtained the relevant permit from the
KHDA |
50,000.00 (to be paid by the Person hosting the
Training Programme) |
|
22 |
Assigning an Authorisation to a third party without
first obtaining the relevant written approval of the KHDA |
30,000.00 |
|
23 |
Failure to meet the standards approved by the KHDA
for the premises of a Training Institute |
20,000.00 |
©2017 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.