Administrative Resolution No. (2) of 2018
Issuing the Implementing Bylaw of
Executive Council Resolution No. (50) of 2015
Regulating Training Institutes in the Emirate of
Dubai[1]
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The Director General of the Knowledge and Human
Development Authority in Dubai,
After perusal of:
Law No. (30) of 2006
Establishing the Knowledge and Human Development Authority in Dubai;
Decree No. (9) of 2015
Regulating the Raising of Donations in the Emirate of Dubai; and
Executive Council Resolution No.
(50) of 2015 Regulating Training Institutes in the Emirate of Dubai,
Does 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. |
|
Resolution: |
The above-mentioned
Executive Council Resolution No. (50) of 2015. |
|
KHDA: |
The Knowledge and Human
Development Authority in Dubai. |
|
Government Entity: |
Any of the government
departments, public agencies or 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 is legally authorised to supervise any 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 under the Resolution to conduct a Training Activity by providing
training to others in the Emirate. |
|
Authorisation: |
The document issued by
the KHDA authorising a Training Institute to conduct a Training Activity in
the Emirate. |
|
Licence: |
The document issued by a
Licensing Authority authorising a Training Institute to conduct its commercial
activity. |
|
Initial Approval: |
A preliminary approval
issued by the KHDA to the applicant for an Authorisation to enable him to
complete the procedures for obtaining the Licence and the Authorisation. |
|
Training Activity: |
The delivery of Training
Programmes in any areas
of training which
are permitted in the Emirate and which are 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 delivered to Learners in order to increase their
knowledge and develop their skills in any educational or professional field. |
|
Accreditor: |
An entity within or
outside of the UAE authorised to approve or determine the standards, contents,
learning outcomes, and delivery requirements of Training Programmes. |
|
Learner: |
A natural person who
joins any Training Programme offered by a Training Institute or by an entity
holding an Authorisation to deliver that Training Programme. |
|
Training Certificate: |
The document issued by a
Training Institute certifying that a Learner has successfully completed or
participated in a Training Programme. |
|
Attestation: |
The recognition of a Training
Certificate by the KHDA. |
|
Person: |
A natural or legal
person. |
A Training Institute will be issued with an Initial Approval
subject to the following:
1. The Licence or the initial approval issued by the Licensing Authority must be submitted in accordance with the relevant rules adopted by the KHDA.
2. The following information and documents must be provided:
a. the proposed name of the Training Institute;
b. a copy of the passport and Emirates ID Card of the Initial Approval applicant;
c. where the applicant is a legal person, a copy of the Licence and a copy of the passport and Emirates ID Card of its legal representative; and
d. the proposed legal form of the Training Institute.
3. A feasibility study containing the following must be submitted:
a. the vision, mission, values, and strategic objectives of the Training Institute;
b. a statement of the criteria and requirements to be adopted by the Training Institute for the appointment of its academic, training, and administrative staff and of its director;
c. types of Training Activities to be conducted by the Training Institute;
d. Learners enrolment and admission criteria;
e. types of training and teaching equipment, devices, and aids to be used by the Training Institute;
f. proposed policies and internal regulations of the Training Institute, particularly the policies for grievances and complaints related to Learners;
g. a proposal for the quality and evaluation system to be adopted by the Training Institute;
h. working days and hours of the Training Institute;
i. a list of the Training Programmes to be offered by the Training Institute, which must contain:
1. titles of the Training Programmes in Arabic and English;
2. description of the Training Programmes;
3. target groups of the Training Programmes and the relevance of these programmes to labour market needs;
4. learning outcomes;
5. duration of each Training Programme in hours;
6. enrolment fees of each Training Programme in UAE Dirhams; and
7. approval of the relevant Accreditor, where applicable.
4. The approval of the relevant Concerned Entity must be submitted where such approval is required.
5. The documents required for obtaining the Initial Approval must be true copies or attested by the competent official entities within and outside of the UAE as per the relevant rules adopted by the KHDA.
6. The prescribed Authorisation application fees must be paid.
The
following procedures
will be followed when issuing an Initial Approval:
1. An application for Initial Approval will be submitted to the KHDA on the form prescribed by it for this purpose, supported by the required documents and proof of payment of the prescribed fee.
2. The KHDA will register the Initial Approval application and notify the applicant of the receipt of his application.
3. The KHDA will consider the application from a technical perspective to verify that it meets all relevant conditions and requirements and that it is accompanied by all required documents.
4. The KHDA will issue its decision on the Initial Approval application within thirty (30) days from the date of fulfilling all relevant application requirements. Where the application is rejected, the KHDA will notify the applicant of the reasons for rejection.
5. The KHDA will grant an applicant issued with an Initial Approval a grace period of no more than six (6) months to complete the procedures for obtaining the Authorisation and the Licence. Where the Authorisation is not obtained within this grace period, the Initial Approval will be deemed null and void.
In addition to the requirements stipulated
in the Resolution, the issuance of an Authorisation will be subject to the
following:
1. A valid Initial Approval must be obtained.
2. A Licence must be obtained, and the details of this Licence must be identical to those stated in the Initial Approval issued to the Training Institute.
3. The Training Institute must have premises that are appropriate for the Training Activity and that meet the construction and occupational health and safety requirements stipulated in the legislation in force in the Emirate or in free zones, as the case may be; and a certificate issued by the Concerned Entity proving compliance with these requirements must be submitted, unless the KHDA decides to exempt the Authorisation applicant from the requirement to provide premises in any of the following cases:
a. where the Training Activity does not require permanent premises;
b. where the expected number of Learners in Training Programmes is not commensurate with the premises intake capacity;
c. where the Training Activity requires equipment and devices that are difficult to provide within the Training Institute premises; or
d. in any other cases determined by the KHDA.
4. Administrative and human resources must be provided as per the feasibility study and the relevant rules and conditions prescribed by the KHDA.
5. All training resources, including training and teaching aids, laboratories, and information technology resources, must be provided as per the feasibility study and the relevant rules and conditions prescribed by the KHDA.
6. All documents required for obtaining the Authorisation must be attested by the competent official entities within and outside of the UAE.
7. A website for the Training Institute must be developed, and updated on a regular basis. This website must contain the details of the Training Programmes offered by the Training Institute, the dates on which these programmes are offered, contact details of the Training Institute and its address, if any, and any other details relevant to the Training Activity.
The
following procedures will be followed when issuing an Authorisation:
1. An application for Authorisation will be submitted to the KHDA on the form prescribed by it for this purpose, supported by the required documents.
2. The KHDA will register the Authorisation application and notify the applicant of the receipt of his application.
3. The KHDA will consider the application from a technical perspective to verify that it meets all relevant conditions and requirements and that it is accompanied by all required documents. For this purpose, the KHDA may conduct field visits and require any additional documents it deems necessary.
4. The KHDA will issue its decision on the Authorisation application within thirty (30) days from the date of its submission. The application will be deemed rejected if no decision is issued by the KHDA within this period. The KHDA may grant the applicant a grace period to redress the deficiencies identified by the KHDA before issuing its decision in this regard.
5. Where the application is rejected, the KHDA will notify the applicant of the reasons for rejection.
6. Where the Authorisation application is approved, the applicant will be instructed to pay the relevant prescribed fees, whereupon the KHDA will issue the Authorisation.
An Authorisation must
contain the basic details of the Training Institute, particularly:
1. name of the Training Institute;
2. Authorisation issue date;
3. Authorisation expiry date;
4. Licence number;
5. names of investors;
6. name of director;
7. authorised Training Activity;
8. official working days and hours;
9. address and contact details of the Training Institute;
10. name of the Accreditor, if any;
11. web address of the Training Institute; and
12. venue where Training Programmes will be delivered.
A Training Institute may apply for
variation of the details of its Authorisation in accordance with the following
procedures:
1. An application for variation of the details of the Authorisation will be submitted to the KHDA by the Authorisation holder or his legal representative on the form prescribed by the KHDA for this purpose, supported by the required documents.
2. The KHDA will register the variation application and notify the applicant of the receipt of his application.
3. The KHDA will consider the application to verify that it meets all relevant conditions and requirements and that it is accompanied by all required documents. For this purpose, the KHDA may conduct field visits to the Training Institute and require any additional documents or information it deems necessary.
4. The KHDA will issue its decision on the variation application within thirty (30) days from the date of its submission. Where the application is rejected, the KHDA will notify the Training Institute of the reasons for rejection.
5. Where the variation application is approved, the applicant will be instructed to pay the relevant prescribed fees, whereupon the KHDA will make the variation.
The
following procedures
will be followed when renewing an Authorisation:
1. An Authorisation renewal application will be submitted to the KHDA on the form prescribed by it for this purpose at least thirty (30) days prior to the expiry date of the Authorisation.
2. The KHDA will consider the renewal application to verify that it meets the conditions, and that it is accompanied by all documents, required for issuing an Authorisation.
3. All arrears and fines payable by the Training Institute, if any, will be settled.
4. Where the renewal application is rejected, the KHDA will notify the applicant of the rejection of his application and the reasons for rejection.
5. Where the renewal application is approved, the applicant will be instructed to pay the relevant prescribed fees, whereupon the KHDA will renew the Authorisation.
The KHDA may approve an application by
an Authorisation holder to assign his Authorisation to another Person who meets
all the conditions and requirements for obtaining an Authorisation subject to
the following procedures:
1. An Authorisation assignment application will be submitted to the KHDA on the form prescribed by it for this purpose, accompanied by the required documents.
2. The KHDA will consider the Authorisation assignment application and verify that it meets all relevant conditions and requirements and that it is accompanied by all required documents. For this purpose, the KHDA may conduct field visits and require any additional documents it deems necessary.
3. The KHDA will determine the Authorisation assignment application within thirty (30) days from the date of its submission.
4. Where the assignment application is rejected, the KHDA will notify the applicant of the rejection of his application and the reasons for rejection.
5. Where the assignment application is approved, the relevant prescribed fees and the arrears and fines payable by the Training Institute, if any, will be settled, whereupon the KHDA will issue a new Authorisation to the assignee and inform the Licensing Authority of the assignment.
a. The proposed name of a Training Institute must:
1. not be in use by, or similar to the name of, any other training institute within the UAE unless that other institute gives its consent to the same in the manner required by the KHDA;
2. not suggest, directly or indirectly, any association with any other institute or educational institution outside of the UAE, as a result of being identical or similar to the name of that institute or institution, unless the Authorisation applicant provides a proof of this association in the manner required by the KHDA;
3. not contain any wording that suggests, directly or indirectly, that the Training Institute is sponsored by any public figure who has no actual association with the Training Institute;
4. not contain any wording that is misleading to the public or used for promotional purposes;
5. reflect the potential, activities, type, and quality of the Training Programmes offered by the Training Institute; and
6. not contain anything that may constitute a violation under the legislation in force in the Emirate or conflict with public order and morals.
b. A Training Institute must use its name, as approved by the KHDA and stated in the Authorisation, in all its publications, correspondence, documents, and advertising material. The Training Institute is prohibited from changing its name without first obtaining the relevant written approval of the KHDA.
c. Where the name of a Training Institute violates any of the rules or conditions stipulated in this Article, the Training Institute must change this name in compliance with the relevant rules and conditions prescribed by the KHDA.
a. The premises of a Training Institute must:
1. be located within the Emirate;
2. be appropriate for the Training Activities and Training Programmes offered by the Training Institute;
3. throughout the term of the Authorisation, meet the construction and occupational health and safety requirements adopted by the Concerned Entities in accordance with the legislation applicable to these entities;
4. meet the specifications determined by the KHDA, particularly the following:
a. The premises intake capacity must be commensurate with the number of Learners.
b. The classrooms, study halls, and other facilities must be appropriate for the type of Training Programmes.
c. All training resources, including training and teaching aids, laboratories, and information technology resources, must be available at the premises and adequate for delivering the Training Programmes.
d. Information signs indicating the facilities, training halls, and waiting areas must be placed within the premises.
5. have a signboard, displaying the name of the Training Institute in Arabic and English, installed on its façade.
b. Where a Training Programme is to be delivered outside of the premises of the Training Institute, the venue of this programme must meet the conditions stipulated in paragraphs (a)(2), (a)(3), and (a)(4) of this Article.
Approval of a Training Programme is
subject to the following:
1. The Training Programme must include a statement of its objectives, topics, number of hours, duration, delivery method, evaluation system, and completion requirements; and name of the Accreditor of the relevant Training Certificate, if any.
2. The content of the Training Programme must not contain anything that may conflict with public order and morals, with the customs and traditions of the UAE, with the public security and political orientation of the UAE, or with the legislation in force in the Emirate.
3. The name of the Training Programme must not contain any misleading wording or suggest, directly or indirectly, that the Training Programme is sponsored by any public figures, government officials, or Concerned Entities that have no actual association with the Training Programme.
4. The accreditation agreement concluded with the Accreditor must be valid throughout the period during which the relevant Training Programme is offered.
a. The KHDA approval of the appointment of the director of a Training Institute is subject to the following:
1. The director must have full legal capacity; be of good conduct and repute; and not have been sentenced for a felony or other crime affecting honour or trustworthiness, even if he has been rehabilitated or pardoned.
2. The director must be proven, to the satisfaction of the KHDA, to be qualified to manage the Training Institute and supervise its Training Programmes.
b. The director of a Training Institute will be responsible for all matters related to the management and supervision of the institute. In particular, he will be responsible for:
1. supervising the technical and administrative staff;
2. managing the affairs of Learners, particularly those relating to their enrolment, their training, and following up on their complaints;
3. communicating with the KHDA, providing it with data and information, and responding to its enquiries within prescribed time frames;
4. taking the required actions to develop a quality assurance process for the Training Institute; and
5. ensuring compliance by the Training Institute with the provisions of the Resolution and the resolutions issued in pursuance thereof.
c. Where the position of director falls vacant, the Training Institute must inform the KHDA of the same within ten (10) working days from the date on which the position falls vacant. The Training Institute must, within sixty (60) days from the date on which the position falls vacant, appoint a new director who meets the requirements stipulated in paragraph (a) of this Article, and this grace period may be extended where the Training Institute has substantial grounds for such extension.
Any Person other than a Training
Institute may submit to the KHDA an application for Authorisation to deliver a
training course, subject to the following requirements and procedures:
1. The application will be submitted to the KHDA on the form prescribed by it for this purpose, accompanied by the following documents:
a. where the applicant is a natural person, a copy of the passport and valid Emirates ID Card of the applicant and his curriculum vitae;
b. where the applicant is a legal person, a copy of the valid commercial licence of the applicant and its profile and track record;
c. details of the training course, particularly:
1. the title of the training course in Arabic and in English if the course is offered in a foreign language;
2. description of the training course;
3. the target group;
4. learning outcomes;
5. the duration of the training course in hours;
6. training course enrolment fees in UAE Dirhams;
7. the proposed venue for delivering the training course;
8. the proposed timing for delivering the training course; and
9. a copy of the passport and Emirates ID Card of the instructor and his curriculum vitae.
d. the approval of the Concerned Entity supervising the activity relevant to the subject of the training course, where this approval is required by such entity; and
e. the approval, or a proof of the approval, of the Accreditor, if any.
2. An Authorisation issued to a Person other than a Training Institute, will be valid for delivering only one (1) training course.
3. The KHDA will issue an Authorisation to a Person other than a Training Institute within five (5) working days from the date of fulfilling all relevant requirements. Where the application is rejected, the KHDA will notify the applicant of the reasons for rejection.
4. Where the application is approved, the applicant will be instructed to pay the relevant prescribed fees, whereupon the KHDA will issue the Authorisation.
a. No Training Institute may publish any advertisements through any media without first obtaining the KHDA approval of the content and publication of these advertisements.
b. For an advertisement of a Training Institute to be published, that advertisement must:
1. not contain any reference to the KHDA unless the same is approved by the KHDA and included in the advertisement in the format approved by it;
2. not contain any wording that suggests, directly or indirectly, that the Training Institute is sponsored by any public figures, government officials, or public or government entities that have no actual association with the Training Institute;
3. not misrepresent the Training Activities and Training Programmes of the Training Institute;
4. not promote any other commercial activity; and
5. be compliant with the advertising-related legislation in force in the Emirate.
c. For a Training Institute to obtain the approval of an advertisement, it must submit an application to the KHDA on the form prescribed by it for this purpose, accompanied by the required documents and proof of payment of the prescribed fees.
d. The KHDA will approve the advertisement within three (3) working days from the date of submitting the relevant application that fulfils all conditions and requirements. Where the application is rejected, the KHDA will notify the applicant Training Institute of the reasons for rejection.
e. The KHDA may, at any time, require a Training Institute to withdraw any published advertisement or to republish it in any other form.
f. A Training Institute will be liable for the accuracy of the information contained in any advertisement it publishes and for any relevant consequences.
a. Where an Authorisation is revoked or not renewed by the KHDA for any reason whatsoever, the Training Institute must:
1. offer appropriate alternatives or settlement to those enrolled in Training Programmes, and present the same to the KHDA for approval;
2. ensure that the rights of its technical and administrative staff are preserved; and
3. settle the fines or fees payable by the Training Institute, if any.
b. Where an Authorisation is revoked or not renewed, the KHDA will request the Licensing Authority to remove the Training Activity from the Licence of the Training Institute.
A Training Institute must, for the period and in
the manner determined by the KHDA, maintain the following documents and records:
1. a register of Learners in which their names, nationalities, genders, dates of birth, addresses, Training Programmes, attendance records, and obtained Training Certificates are entered;
2. a register of employees in which their names, nationalities, genders, dates of birth, addresses, academic qualifications, work experience, curriculum vitae details, salaries, designations, and job descriptions are entered;
3. the official documents issued in relation to the Training Activity by the KHDA, Concerned Entities, and Accreditor;
4. enrolment applications and Learners' contracts;
5. annual training plan; and
6. any other records or documents required by the KHDA.
a. A Training Institute will be subject to audit and supervision by the KHDA. The KHDA will have the authority to inspect the Training Institute to verify its compliance with the provisions of the Resolution and the resolutions issued in pursuance thereof, and with the quality standards adopted by the KHDA. In addition, the KHDA will have the authority to access the facilities, records, and documents of the Training Institute.
b. A Training Institute must provide the KHDA and its authorised employees with all information, data, and reports.
c. The KHDA may issue a periodic report on the ratings of Training Institutes, and may publish this report in the manner it deems appropriate.
d. The KHDA may take any of the measures prescribed by the Resolution and the resolutions issued in pursuance thereof against any Training Institute that violates any provisions thereof. For this purpose, the KHDA may coordinate with the Concerned Entities.
a. Training Certificates will be attested subject to the following procedures:
1. A Training Institute will, before delivering Training Certificates to Learners, submit an attestation application to the KHDA on the form prescribed by it for this purpose, accompanied by the details of the Learners who fulfil the requirements for obtaining these Training Certificates.
2. The KHDA will attest the Training Certificates upon fulfilment of the attestation requirements and payment of the prescribed fees.
b. In addition to the provisions of paragraph (a) (1) of this Article, the attestation of Training Certificates issued by entities other than Training Institutes, or by Government Entities requesting this attestation, will be subject to the following:
1. providing proof of delivery of the Training Programme in the Emirate; and
2. providing proof of attendance of Learners.
a. A committee named the “Complaints Committee” will be formed at the KHDA. The chairman and members of the Complaints Committee will be nominated pursuant to a resolution of the Director General. The committee will be responsible for considering complaints filed with it against Training Institutes in relation to their non-compliance with the legislation regulating Training Activities.
b. A complaint will be admitted subject to the following:
1. The complaint must be filed against a Training Institute for which an Authorisation is issued by the KHDA.
2. The complaint must be filed through any of the channels approved by the KHDA and must contain a clear and detailed account of the incidents and evidence related to the subject matter of the complaint.
3. The complainant must provide evidence that he has made express efforts to resolve the complaint amicably with the Training Institute.
4. Detailed and accurate contact information of the complainant must be provided.
5. The incident subject of the complaint must have occurred within no later than one (1) year prior to the complaint date.
6. No claim with the same subject matter of the complaint must have been filed with any competent court.
7. The subject matter of the complaint must not be related to a criminal offence.
8. The same complaint must not have been previously filed against the same Training Institute.
c. A complaint filed with the KHDA will be processed as follows:
1. The Complaints Committee will consider the subject matter of the complaint, decide whether it falls within the jurisdiction of the KHDA, and verify that the complaint meets the relevant admission requirements.
2. The KHDA will notify the Training Institute of the complaint, and request the Training Institute to respond to the complaint within thirty (30) days from the date of notification.
3. The Complaints Committee will consider the complaint and verify its validity.
4. The Complaints Committee must determine any complaint filed with it no later than sixty (60) days from the date of filing the same. Upon verifying the validity of the complaint, the Complaints Committee may recommend to the Director General to take the appropriate action against the Training Institute in accordance with the Resolution, otherwise, the KHDA will dismiss the complaint and inform the complainant of its decision. The decision issued in respect of the complaint will be final, and in any event, must be reasoned.
a. No Training Institute may accept gifts, or raise Donations, from any entity within or outside of the Emirate, without first obtaining the relevant written approvals of the KHDA and competent Government Entities.
b. A Training Institute must apply for approval of receiving gifts and raising Donations on the form prescribed by the KHDA for this purpose, accompanied by the required documents, including the approval of the competent Government Entity.
This Resolution will be published in the Official
Gazette and will come into force on the day on which it is published.
Dr.
Abdullah Mohammed Al Karam
Chairman of the Board of Directors
Director General
Issued in Dubai on 31 January 2018
Corresponding to 14 Jumada
al-Ula 1439 A.H.
©2018 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.