Executive
Council Resolution No. (30) of 2021
Regulating
Vocational
Education in the Emirate of Dubai[1]
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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. (14) of 2009 Concerning the Pricing of
Government Services in the Emirate of Dubai and its amendments;
Law No. (13) of 2011 Regulating the Conduct of
Economic Activities in the Emirate of Dubai and its amendments;
Law No. (1) of 2016 Concerning the Financial
Regulations of the Government of Dubai and its Implementing Bylaw;
Law No. (2) of 2021 Concerning the Knowledge
and Human Development Authority in Dubai;
Law No. (5) of 2021 Concerning the Dubai International
Financial Centre;
Decree No. (22) of 2009 Concerning Special
Development Zones in the Emirate of Dubai;
Decree No. (9) of 2015 Regulating the Raising
of Donations in the Emirate of Dubai;
Executive Council Resolution No. (50) of 2015 Regulating
Training Institutes 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:
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UAE: |
The United Arab Emirates.
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Emirate: |
The Emirate of Dubai.
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Government: |
The Government of Dubai.
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Executive Council:
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The Executive Council of the Emirate of
Dubai. |
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KHDA: |
The Knowledge and Human Development
Authority in Dubai. |
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Director General:
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The director general of the KHDA.
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Government Entity:
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Any of the Government departments;
public agencies and corporations; councils; authorities, including the
authorities supervising Special Development Zones and free zones, such as the
Dubai International Financial Centre; or other public entities affiliated to
the Government. |
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Licensing Authority:
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The Government Entity legally
authorised to issue Licences to those conducting any of the
Vocational Activities, based on whether or not they aim to generate profit. |
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Concerned Entity:
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The Government Entity which is
responsible, under the legislation in force in the Emirate, for supervising
an activity to which the Vocational Qualification is relevant; and whose
approval is required prior to issuing the Permit. |
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Vocational Education:
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A specialised educational system that
aims to equip individuals with certain vocational and technical knowledge and
skills, or to develop their technological and technical capabilities to
practise a particular profession, trade, or occupation. |
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Vocational Qualification:
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A description of the outcome of
Vocational Education which comprises a set of theoretical,
applied, and practical modules and courses of various levels;
requires a particular number of credit hours; and is
delivered
using various learning modalities, such as distance learning and smart
learning. |
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Vocational Certificate:
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A document issued by a Vocational
Education Institution or an Awarding Body to a Learner upon
successfully completing the requirements for obtaining a
Vocational Qualification. |
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Vocational Activity:
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This includes designing, developing,
and delivering Vocational Qualifications; conducting the
examinations required for obtaining, and ensuring the quality of, these
qualifications; delivering Vocational Apprenticeship Programmes;
and conducting any other activities related to Vocational Education as
determined
pursuant to the relevant resolution of the Director General.
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Vocational Education Institution:
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An independent institution, or an institution
affiliated to an Educational Institution, which is
authorised by the KHDA, in accordance with the provisions of this Resolution,
to deliver a Vocational Qualification and to conduct the examinations
required for obtaining that qualification; or to only
conduct the examinations required for awarding the Vocational Qualification.
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Educational Institution:
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This includes universities, colleges,
institutes, schools, and similar institutions which are authorised by the
KHDA or the competent entity in the UAE to conduct educational
activities in accordance with the legislation in force.
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Awarding Body: |
An entity conducting the activity of
designing and developing Vocational Qualifications, conducting the
examinations required for obtaining these qualifications, awarding Vocational
Certificates, or ensuring the quality of delivered Vocational
Qualifications; and which is issued with a Permit where it conducts its
activities within the Emirate, or with an Approval where it conducts its
activities outside of the Emirate. |
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Accrediting Body:
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An entity responsible for accrediting
Vocational Qualifications. This includes the Government Entities responsible for
accrediting Vocational Qualifications in the UAE, the KHDA for accrediting
Vocational Qualifications in the Emirate, or any other accrediting body that
conducts its activities outside of the Emirate and is recognised by the KHDA.
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Quality Assurance Body:
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An entity authorised by the KHDA, in
accordance with the provisions of this Resolution, to ensure the quality of delivered Vocational
Qualifications. This includes Awarding Bodies. |
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Employer: |
An Establishment
which is licensed to conduct an Economic Activity in the Emirate in
accordance with the legislation in force, and which is authorised by the KHDA
to conduct Vocational Apprenticeship Programmes in accordance with the
provisions of this Resolution. |
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Vocational Apprenticeship Programme:
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A specialised Vocational Qualification delivered by an Employer to
teach a Learner a trade or profession within a specified period
during which the Learner commits to work under the management and supervision
of the Employer in return for a wage or remuneration determined prior
to enrolment in this programme. |
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Licence: |
A document issued by a Licensing
Authority to a Vocational Education Institution, to an Awarding Body, or to a
Quality Assurance Body in accordance with the legislation applicable to that Licensing
Authority.
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Initial Approval: |
An approval issued by the KHDA to a
Permit applicant in accordance with the provisions of this Resolution before
the applicant proceeds with completing the procedures for
issuing the Permit, the Licence, or any other licences, permits, or approvals
issued by Concerned Entities. |
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Permit: |
A document issued by the KHDA, in
accordance with the provisions of this Resolution, authorising a Vocational
Education Institution, an Awarding Body, a Quality Assurance Body, or an
Employer, as the case may be, to conduct any of the Vocational Activities.
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Permit Holder: |
This includes a Vocational Education
Institution, an Awarding Body, a Quality Assurance Body, or an Employer.
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Approval: |
A document issued by the KHDA, in
accordance with the provisions of this Resolution, to an Awarding Body that
conducts its activities outside of the Emirate for the purpose of recognising
the satisfaction of the requirements prescribed under this
Resolution. |
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Professional Cadres:
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The persons appointed by Permit Holders
to perform Vocational Education duties. This includes the director of a
Vocational Education Institution. |
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Attestation: |
Recognition by the KHDA of a Vocational
Certificate issued by a Vocational Education Institution or an Awarding Body.
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Badge: |
An electronic figure, sign, symbol,
or image, or other electronic insignia issued by a
Vocational Education Institution or an Awarding Body to a Learner who is
awarded a Vocational Certificate or who completes vocational
programmes that are not sanctioned by a Vocational Certificate. |
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Learner: |
A natural person who is registered with
a Vocational Education Institution or who is
enrolled in a Vocational Apprenticeship Programme. |
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Person: |
A natural or legal person.
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This Resolution aims to:
1.
regulate Vocational Education in the Emirate and ensure the quality
of its outcomes;
2.
prepare qualified and skilled Professional Cadres, at the
theoretical and practical levels, to work in available specialities;
3.
meet the labour market needs for specialised Professional Cadres in
the public and private sector, with a view to meeting the needs and
requirements of sustainable development plans;
4.
attract investments in the field of Vocational Education;
5.
encourage community members to receive Vocational
Education; and
6.
provide Vocational Education graduates with the opportunity to
pursue their studies at Educational Institutions.
a.
The provisions of this Resolution apply to those who conduct
Vocational Activities and to Learners in the Emirate, including in
Special
Development Zones and free zones, such as the Dubai International Financial
Centre.
b.
Notwithstanding the provisions of paragraph (a) of this Article,
the provisions related to obtaining Permits and imposing the penalties and
administrative measures stipulated in this Resolution will not apply to the
Government Entities that conduct activities related to
Vocational Education pursuant to their establishing legislation or the
legislation regulating their work.
For the purposes of this Resolution, and
without prejudice to the federal legislation in force concerning
Vocational Qualifications, the KHDA will oversee Vocational Education in the Emirate. For
this purpose, the KHDA will have the duties and powers to:
1. approve the policies
required for improving the quality of Vocational Education in the Emirate, submit the same to
the competent entities in the Emirate for final approval, and approve the
strategic plans required to implement these policies upon approval;
2. design, develop,
classify, and determine the levels of Vocational Qualifications, in accordance
with the relevant rules and standards adopted internationally and by the KHDA,
with a view to supporting the implementation of sustainable development plans
and meeting the labour market needs for skilled and qualified Professional
Cadres in the public and private sectors;
3. accredit the Vocational
Qualifications developed by public and private entities in the Emirate;
4. determine the age
groups targeted by Vocational Qualifications and Vocational Apprenticeship
Programmes;
5. establish and
continuously develop the rules and standards required for ensuring the quality
of Vocational Qualifications, including those delivered through distance
learning;
6. coordinate with
Educational Institutions within and outside of the Emirate on recognising the
Vocational Certificates governed by the provisions of this Resolution;
7. issue Initial
Approvals to Permit applicants, based on the type of requested Permit, in accordance with
the conditions and rules prescribed by this Resolution and the relevant rules
adopted by the KHDA;
8. issue and renew
Permits, based on the type of requested Permit, in accordance
with the conditions, procedures, and technical manuals stipulated in this
Resolution and the resolutions issued in pursuance hereof;
9. modify the details of
Permits in accordance with the relevant conditions and procedures
adopted by the KHDA. This includes modifying the Vocational
Qualifications specified in the Permit or adding new Vocational Qualifications;
10. issue Awarding
Bodies with Approvals in accordance with the relevant conditions and procedures
adopted by the KHDA;
11. attest the
Vocational Certificates awarded in the Emirate;
12. issue certificates
of equivalency of
the Vocational Qualifications awarded outside of the Emirate in accordance
with the relevant conditions and procedures adopted by the KHDA;
13. establish the
conditions, standards, and procedures for issuing and recognising Badges;
14. conduct
assessments of Permit Holders in accordance with the relevant standards and
indicators adopted by the KHDA; and publish the relevant results in the
manner it deems appropriate;
15. determine the
Professional Cadres and administrative cadres required for conducting each of the
Vocational Activities, and issue permits and approvals for their appointment, in
accordance with the relevant conditions and procedures adopted by the KHDA;
16. approve the
conditions, rules, and standards for registering Learners, including those with
disabilities, with Vocational Education Institutions and Employers;
17. adopt the rules and
standards required for ensuring the rights, protection, and safety of Learners,
including those with disabilities, at Vocational Education Institutions,
Awarding Bodies, and Employers;
18. issue Permit Holders
with approvals for publishing educational promotional material, and
coordinate with the Concerned Entities in this respect;
19. receive,
investigate, and take the necessary measures and actions in respect of,
the complaints
filed against Permit Holders;
20. monitor and inspect
Permit Holders to verify their compliance with the provisions of this
Resolution and the resolutions issued in pursuance hereof;
21. coordinate with the
public and private sectors in the UAE and the Emirate to determine the
occupations and professions that require their practitioners to obtain
appropriate Vocational Qualifications;
22. approve, in
coordination with the Concerned Entities, the plans, strategies, and procedures
required for attracting investments in Vocational Education in the Emirate;
23. conclude contracts
and agreements, and establish partnerships, with local entities in the UAE, and
with international organisations, institutions, and agencies concerned with
Vocational Education, with a view to promoting and developing Vocational
Education in the Emirate;
24. enter into agreements
with any institutions concerned with Vocational Education within and outside of the
Emirate to deliver any of the Vocational Qualifications designed or developed by the
KHDA, including those delivered through distance learning;
25. form permanent and temporary
technical committees and work teams from amongst the employees of the KHDA or
other persons to perform any Vocational Education related work
assigned by the Director General; and
26. exercise any other
duties or powers related to Vocational Education that are required for the
achievement of the objectives of this Resolution, as assigned to it by the
Executive Council.
No Person may conduct any Vocational Activity in the Emirate
without first obtaining a Permit. The Permit will be issued in accordance with
the conditions and procedures stipulated in this Resolution and the resolutions
issued in pursuance hereof, and in line with the Vocational Activity in respect
of which the Permit is applied for.
To be issued with an Initial Approval, a Permit
applicant must:
1.
be of full legal capacity and of good character and repute; and
not have been
sentenced for any felony or other crime affecting honour or trustworthiness,
unless he has been pardoned or rehabilitated. These
conditions must be met by the owners of companies
formed as partnerships and by members of the boards of directors of companies
formed as corporations. In addition, the company must have good market reputation;
2.
undertake to provide the required guarantees, as
determined
pursuant to the relevant resolution of the Director General, depending on the
type of
Vocational Activity in respect of which the Initial Approval is applied
for, to cover any
damage that may be incurred as a result of conducting the authorised Vocational
Activity;
3.
provide the information and documents determined pursuant to the
relevant resolution of the Director General, depending on the
type of the
Vocational Activity in respect of which the Initial Approval is applied
for;
4.
obtain the approval of the Concerned Entity; and
5.
meet any other conditions determined pursuant to the relevant resolutions
of the Director
General.
Initial Approvals will be valid for a period of
one (1) year for applicants for Vocational Education Institution Permits, and
for a period of three (3) months for applicants for Permits to
conduct other Vocational Activities. The KHDA may extend the
validity of an Initial Approval for the same period, provided that an
application for Initial Approval extension is submitted at least
thirty (30) days prior to its expiry date. Extension applications will be
considered and approved in accordance with the conditions and procedures
determined pursuant to the relevant resolution of the Director General.
Depending on the type of the
Vocational Activity applied for, the issuance of the relevant Permit will be
subject to the following:
a. Vocational Activities of Vocational Education Institutions
1.
The Initial Approval must be submitted.
2.
Premises for conducting the Vocational Activity must be provided.
The premises must satisfy the relevant conditions and rules adopted by the KHDA, and
the technical, engineering, health, environmental, and planning conditions and
requirements adopted by the Concerned Entities.
3.
All required approvals of Concerned Entities must be obtained.
4.
The approval of the Awarding Body of the Vocational
Qualifications to be delivered
by the Vocational Education Institution must be obtained.
5.
A Professional Cadre must be appointed in accordance with the relevant
rules and conditions adopted by the KHDA.
6.
The guarantees that the Permit applicant has undertaken to provide under sub-paragraph (2) of
Article (6) of this Resolution must be provided.
7.
The requirements, aids, tools, and equipment
necessary for delivering the Vocational Qualifications must be
provided, including the requirements, aids, tools, and equipment necessary for delivering Vocational
Qualifications through distance learning and to Learners with disabilities, as adopted by the KHDA in this
respect.
8.
Any other requirements or rules determined in the relevant
technical manuals adopted by the KHDA must be met.
9.
Any other conditions determined pursuant to the relevant
resolutions of the Director General must be met.
b. Vocational Activities of Awarding Bodies
1.
The Initial Approval must be submitted.
2.
The KHDA's approval of the Accrediting Body that will attest
the Vocational Qualifications awarded by the Awarding Body must be obtained.
3.
Premises for conducting the Vocational Activity must be provided.
The premises must satisfy the relevant conditions and rules adopted by the KHDA and the
Concerned Entities.
4.
A Professional Cadre must be appointed in accordance with the relevant
rules and conditions adopted by the KHDA.
5.
The requirements and rules stipulated in the relevant technical
manuals adopted by the KHDA must be met.
6.
The guarantees that the Permit applicant has undertaken to provide under sub-paragraph (2) of
Article (6) of this Resolution must be provided.
7.
Any other conditions determined pursuant to the relevant
resolutions of the Director General must be met.
c. Vocational Activities of Quality Assurance Bodies
1.
The Initial Approval must be submitted.
2.
Premises for conducting the Vocational Activity must be provided. The
premises must satisfy the relevant conditions and rules adopted by the KHDA and the
Concerned Entities.
3.
A Professional Cadre must be appointed in
accordance with the relevant rules and conditions adopted by the KHDA.
4.
The guarantees that the Permit applicant has undertaken
to provide under sub-paragraph (2) of Article (6) of this Resolution must be
provided.
5.
The requirements and rules stipulated in the
relevant technical manuals adopted by the KHDA must be met.
6.
Any other conditions determined pursuant to the
relevant resolutions of the Director General must be met.
d. Vocational Activities of Employers
1.
The Initial Approval must be submitted.
2.
Premises for conducting the Vocational Activity
must be provided. The premises must satisfy the relevant conditions and rules adopted
by the KHDA and the Concerned Entities.
3.
A Professional Cadre must be appointed in accordance
with the relevant rules and conditions adopted by the KHDA.
4.
The requirements and rules stipulated in the
relevant technical manuals adopted by the KHDA must be met.
5.
The guarantee prescribed by the KHDA, if any, must
be provided.
6.
Any other conditions determined pursuant to the relevant
resolutions of the Director General must be met.
a.
Permits will be valid for a period of one (1) year, renewable for
the same period. An application for renewal of a Permit must be submitted to
the KHDA at least thirty (30) days prior to its expiry date. The Permit will be
renewed in accordance with the conditions and procedures stipulated in the
relevant resolution of the Director General.
b.
The KHDA may, upon the request of a Permit Holder applying for the
renewal of his Permit, increase the Permit validity period to no more than
three (3) years per each request, provided that the Permit Holder
meets the rules and standards determined pursuant to the relevant resolution of
the Director General and pays the relevant applicable fees.
The procedures for issuing Initial Approvals
and Permits will be determined pursuant to the relevant resolution of the
Director General.
A Permit may not be assigned 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
resolution of the Director General. Any assignment of the Permit in contravention
of this Article will be deemed null and void.
A resolution issued by the Director General
will determine the conditions and procedures for issuing Approvals to the
Awarding Bodies that conduct their activities outside of the Emirate.
A Vocational Education Institution must:
1.
comply with the legislation in force in the Emirate, including this
Resolution and the resolutions issued in pursuance hereof, and with the
instructions issued by the KHDA in respect of matters related to the Vocational
Activity it is authorised to conduct;
2.
comply with the terms of its Permit, including the Vocational
Qualifications specified therein;
3.
ensure the quality of Vocational Education in accordance with the relevant
requirements
adopted by the KHDA;
4.
provide the aids, tools, and equipment required for conducting the
Vocational Activity, as adopted by the KHDA in this respect, including the
aids, tools, and equipment that meet the needs of the Learners with
disabilities who are registered with it;
5.
ensure the continued development and qualification
of its Professional Cadres in accordance with the relevant requirements adopted
by the KHDA;
6.
meet the conditions and rules adopted by the KHDA concerning the
appointment of any member of the Professional Cadre;
7.
register Learners in accordance with the relevant conditions and
procedures adopted by the KHDA;
8.
register Learners with the relevant Awarding Body where
the Vocational Certificates are to be issued to these Learners by that
Awarding Body;
9.
not conduct the Vocational Activity outside the premises of the
Vocational Education Institution, unless it is so authorised under its Permit, or it
obtains the relevant approval of the KHDA in accordance with the relevant conditions and procedures adopted by the KHDA;
10.
not use the premises of the Vocational Education Institution for
other than its authorised purpose;
11.
not modify any Vocational Qualification it is authorised
to deliver without first obtaining the relevant approval of the KHDA;
12.
not deliver any Vocational Qualifications through any
other entity, unless it is so authorised under its Permit, or it
obtains the relevant approval of the KHDA in accordance with the relevant conditions and procedures adopted by the KHDA;
13.
not modify the details of the Licence or Permit without
first obtaining the relevant approval of the KHDA. Any modification
must be made in
accordance with the relevant conditions and procedures adopted by the KHDA;
14.
not award Vocational Certificates or Badges to Learners unless they fulfil the requirements prescribed
for awarding these certificates or badges;
15.
manage the Vocational Education Institution and all its affiliates in accordance with
the relevant requirements adopted by the KHDA;
16.
provide the KHDA, its competent employees, and its authorised
representatives with information and data, within the time frames determined by
the KHDA, in the course of performing the audit, inspection,
and assessment of the Vocational Education Institution and its facilities;
17.
create records and files for its Learners and Professional Cadre,
and retain the same for the period determined pursuant to the relevant
resolution of the Director General;
18.
not advertise the Vocational Education Institution, its activities,
or the Vocational Qualifications it delivers in a misleading
manner or in a manner that contradicts the terms of its
Permit;
19.
provide the KHDA with periodic reports on the Vocational
Qualifications it delivers and the Learners registered with it, and any
other relevant reports required by the KHDA;
20.
observe public order and morality and the UAE values and
traditions, and not express contempt of any religion; engage in
politics; or instigate sectarian, racial, or ethnic conflicts;
21.
not accept gifts or Donations from any entity within or outside of
the Emirate without first obtaining the relevant approvals from the KHDA and
concerned Government Entities;
22.
ensure and preserve the rights of Learners; and
23.
perform any other obligations determined pursuant to the relevant
resolutions of the Director General.
An Awarding Body issued with a Permit must:
1.
comply with the legislation in force in the Emirate, including this
Resolution and the resolutions issued in pursuance hereof, and with the
instructions issued by the KHDA in respect of matters related to
the Vocational Activity it is authorised to conduct;
2.
comply with the terms of its Permit;
3.
not award a Vocational Certificate to
any Learner unless he fulfils the requirements prescribed for awarding that certificate;
4.
comply with the rules, standards, and manuals adopted by the KHDA in
respect of ensuring the quality of Vocational Qualifications, including those delivered through distance
learning;
5.
monitor, either by itself or by engaging a Quality
Assurance Body, the quality of the Vocational Qualifications it awards;
prepare the
reports required in this regard; and provide the KHDA with copies of
these reports periodically or as determined by the KHDA;
6.
create a register for the Vocational Qualifications it delivers, registers for its
Learners and for the Learners whom it awards Vocational
Qualifications, and any other registers required by the KHDA; and retain these registers
for the periods prescribed by the KHDA;
7.
provide the KHDA, upon request or periodically, with the data
and information
related to the Vocational Qualifications awarded,
designed, or developed by the Awarding
Body, and the Vocational Qualifications whose quality is being
monitored by it;
8.
periodically provide the KHDA with the details of the
Learners registered with it and those awarded Vocational Qualifications
by it, as determined by
the KHDA in this respect;
9.
not breach any measures taken by the KHDA against any
Vocational Education Institution involved in its activities;
10.
provide the KHDA, its competent employees, and its
authorised representatives with information and data, within the time frames
determined by the KHDA, in the course of performing the audit and
inspection of the activities, work, records, and documents of the Awarding Body;
11.
observe public order and morality and the UAE values and
traditions; and not express contempt of any religion; engage in
politics; or instigate sectarian, racial, or ethnic conflicts; and
12.
perform any other obligations determined pursuant to the relevant
resolutions of the Director General.
A Quality Assurance Body must:
1.
comply with the legislation in force in the Emirate, including this
Resolution and the resolutions issued in pursuance hereof, and with the instructions
issued by the KHDA in respect of matters related to the Vocational Activity it is authorised to
conduct;
2.
comply with the terms of its Permit;
3.
comply with the rules, standards, and manuals adopted by the KHDA in
respect of ensuring the quality of Vocational Qualifications, including those delivered through distance
learning;
4.
where it acts on behalf of an Awarding Body, comply with the
rules and standards adopted by that body in respect of quality assurance systems;
5.
provide the KHDA, upon request or periodically, with quality
assurance reports in respect of the Vocational Qualifications delivered
by the Vocational
Education Institutions that fall within its mandate;
6.
provide the KHDA, its competent employees, and its authorised
representatives with information and data, within the time frames determined by
the KHDA, in the course of performing the audit and inspection
of the
activities, work, records, and documents of the Quality Assurance
Body; and
7.
perform any other obligations determined pursuant to the relevant
resolutions of the Director General.
An Employer must:
1.
comply with the legislation in force in the Emirate, including this
Resolution and the resolutions issued in pursuance hereof, and with the
instructions issued by the KHDA in respect of matters related to the Vocational Activity it is authorised to
conduct;
2.
comply with the terms of his Permit;
3.
not award a Vocational
Certificate to any
Learner unless that Learner fulfils the requirements prescribed for awarding that certificate;
4.
provide the aids, tools, and equipment required for conducting the
Vocational Activity, as adopted by the KHDA in this
respect, including the aids, tools, and equipment that meet the needs of the
Learners with disabilities who are registered with him;
5.
ensure
the continued
development and qualification of his
Professional Cadre in accordance with the relevant
requirements adopted by the KHDA;
6.
ensure and preserve the rights of Learners, including through
compliance with the terms of the contracts concluded with Learners or with their
legal representatives in respect of Vocational Apprenticeship Programmes;
7.
periodically provide the KHDA with the details of the Vocational Apprenticeship Programmes he conducts and the Learners enrolled in these programmes;
8.
provide the KHDA, its competent employees, and its authorised representatives with information and
data, within the time frames determined by the KHDA, in the course of performing the audit and inspection of the activities, work, records, and documents of the Employer;
9.
not
accept gifts or Donations from any entity within or outside of the Emirate
without first obtaining the relevant approvals from the KHDA and concerned
Government Entities; and
10.
perform any other obligations determined pursuant to the relevant
resolutions of the Director General.
A Vocational Certificate attested by the KHDA
will be recognised in the Emirate for all its intended purposes, particularly
for purposes of employment, pursuing studies, or conducting any
Economic Activities in the Emirate.
The KHDA may outsource any of its duties and
delegate any of its powers under this Resolution to any public or private
entity pursuant to an agreement concluded for this purpose. This agreement will
stipulate its term, the rights and obligations of both parties, and any
other relevant provisions.
In return for issuing the Permits and providing
the services stipulated in this Resolution and the resolutions issued in
pursuance hereof, the KHDA will collect the fees determined in the
relevant resolution of the Chairman of the Executive Council.
a. Without prejudice to
any stricter administrative penalty stipulated in any other resolution, a
Person who commits any of the violations mentioned in Schedules (1), (2), (3),
and (4) 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 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 prescribed in paragraph (a) of this Article, the Director
General or his authorised representative may take any of the following measures
against the violator:
1.
serving a written warning;
2.
suspending the Vocational Activity for a period not exceeding six
(6) months;
3.
suspending the registration of new Learners for a period not
exceeding six (6) months; and/or
4.
revoking the Permit issued to the violator and coordinating
with the Licensing Authority to cancel his Licence.
The KHDA employees, and the staff of
any of the KHDA contracted entities, 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 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 decision, procedure, penalty, or
measure 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, penalty, or measure. The
grievance will be determined, within thirty (30) days from the date of its
submission, by a committee formed by the Director General for this purpose. The
decision issued by the committee on the grievance will be final.
The fines collected pursuant this Resolution
will be paid to the Public Treasury of the Government.
For the purposes of enabling the KHDA to
achieve the objectives of this Resolution and to perform its functions under
this Resolution and the resolutions issued in pursuance hereof, Government
Entities must, each within its own jurisdiction, provide support and assistance
to the KHDA when requested to do so.
The Director General will issue the resolutions
required for the implementation of this Resolution. These resolutions will be
published in the Official Gazette of the Government of Dubai.
Any Person who conducts a Vocational Activity
by the effective date of this Resolution must comply with the provisions of
this Resolution within a period not exceeding one (1) year from that effective
date. The Director General may, where required, extend this grace period once
for the same period.
Any provision in any other resolution will be
repealed to the extent that it contradicts 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 14 September 2021
Corresponding to 7 Safar 1443 A.H.
|
SN
|
Violation
|
Fine (in
dirhams) |
|
1 |
Conducting a Vocational Activity without a
Permit |
50,000.00 |
|
2 |
Failure to comply with the terms of the
Permit |
50,000.00 |
|
3 |
Failure to meet relevant Vocational Education
quality assurance requirements as adopted by the KHDA |
50,000.00 |
|
4 |
Failure to provide the aids, tools, or equipment
required for conducting the Vocational Activity |
20,000.00 |
|
5 |
Failure to ensure the
continued development and qualification of the Professional Cadre |
10,000.00 |
|
6 |
Failure to obtain the KHDA’s approval before
appointing any member of the Professional Cadre |
10,000.00 |
|
7 |
Failure to register Learners with the relevant
Awarding Body in accordance with the relevant rules adopted by the Awarding
Body and the KHDA |
10,000.00 |
|
8 |
Conducting a Vocational Activity outside of
the premises of the Vocational Education Institution without
being so authorised under its Permit or pursuant to an approval issued
to it by the KHDA |
20,000.00 |
|
9 |
Using the premises of the Vocational
Education Institution for other than its intended purpose
|
20,000.00 |
|
10 |
Modifying any of the
Vocational Qualifications without first obtaining the relevant approval of
the KHDA |
25,000.00 |
|
11 |
Delivering Vocational
Qualifications through any other entity without first obtaining the relevant
approval of the KHDA |
30,000.00 |
|
12 |
Awarding a Vocational Certificate or Badge to
a Learner who has not fulfilled the requirements prescribed
for awarding that certificate or badge |
10,000.00 |
|
13 |
Failure to observe public order or morality or the UAE values
and traditions; expressing contempt of any religion; engaging
in politics; or instigating sectarian, racial, or ethnic conflicts
|
50,000.00 |
|
14 |
Modifying any of the details of
its Licence or Permit without first obtaining the relevant approval of the
KHDA |
25,000.00 |
|
15 |
Failure to ensure and preserve the rights
of Learners |
20,000.00 |
|
16 |
Failure to register Learners with disabilities
as per its approved Vocational Education plan |
20,000.00 |
|
17 |
Failure to provide the aids, tools, or equipment
required for the Learners with disabilities whom it determines to admit pursuant
to its educational plan as approved by the KHDA
|
20,000.00 |
|
18 |
Failure to manage the Vocational Education
Institution or its affiliates in accordance
with the requirements adopted by the KHDA this respect
|
25,000.00 |
|
19 |
Accepting gifts or Donations from any entity
within or outside of the Emirate without first obtaining the relevant
approvals of the KHDA and concerned Government Entities
|
20,000.00 |
|
20 |
Failure to provide the KHDA, its competent
employees, or its authorised
representatives with information and data, within the time frames determined
by the KHDA, in the course of performing the audit,
inspection, or assessment of the Vocational Education
Institution or its facilities |
20,000.00 |
|
21 |
Failure to create records and files for its
Learners and Professional Cadre, or failure to retain the same for
the period prescribed by the KHDA |
10,000.00 |
|
22 |
Advertising the Vocational Education
Institution, its activities, or the Vocational Qualifications it delivers in a misleading
manner or in a manner that contradicts the terms of
its Permit |
30,000.00 |
|
23 |
Failure to provide the KHDA with periodic
reports on the Vocational Qualifications it delivers and the Learners
registered with it, or any other relevant reports required by the KHDA
|
20,000.00 |
|
SN
|
Violation
|
Fine (in
dirhams) |
|
1 |
Conducting a Vocational Activity without a
Permit |
50,000.00 |
|
2 |
Failure to comply with the terms of its Permit |
50,000.00 |
|
3 |
Failure to comply with the rules, standards, or manuals adopted
by the KHDA to ensure the quality of Vocational Qualifications |
30,000.00 |
|
4 |
Failure to monitor the quality of the
Vocational Qualifications it awards, or failure to prepare the relevant
reports and provide the KHDA with copies of these reports
|
50,000.00 |
|
5 |
Failure to create a register for the
Vocational Qualifications it delivers, a register for its Learners, a
register for the Learners whom it awards Vocational Qualifications, or any
other registers required by the KHDA; or failure to retain any
of these
registers for the period prescribed by the KHDA |
25,000.00 |
|
6 |
Failure to provide the KHDA, upon request or
periodically, with the data and information related to the Vocational
Qualifications awarded, designed, or developed
by the Awarding
Body or the Vocational Qualifications whose quality is being
monitored by it |
20,000.00 |
|
7 |
Failure to provide the KHDA with the details
of the Learners registered with it or those awarded Vocational
Qualifications by it |
20,000.00 |
|
8 |
Awarding a Learner a Vocational Certificate
without fulfilling the requirements prescribed for awarding that certificate
|
30,000.00 |
|
9 |
Breaching the measures
taken by the KHDA against any Vocational Education Institution involved
in its activity |
30,000.00 |
|
10 |
Failure to provide the KHDA, its competent
employees, or its authorised
representatives with information and data, within the time frames determined
by the KHDA, in the course of performing the audit and
inspection of its activities, work, and documents |
20,000.00 |
|
11 |
Failure to observe
public order or morality or the UAE values
and traditions; expressing contempt of any religion; engaging
in politics; or instigating sectarian, racial, or ethnic conflicts
|
50,000.00 |
|
SN
|
Violation
|
Fine (in
dirhams) |
|
1 |
Conducting a Vocational Activity without a
Permit |
50,000.00 |
|
2 |
Failure to comply with the terms of its Permit |
50,000.00 |
|
3 |
Failure to comply with the rules, standards,
and manuals adopted by the KHDA to ensure the quality of Vocational
Qualifications |
30,000.00 |
|
4 |
Failure to comply
with the quality
assurance conditions, requirements, and systems of the Awarding Body |
30,000.00 |
|
5 |
Failure to provide the KHDA, upon request or
periodically, with the quality assurance reports it prepares in respect of
the Vocational Qualifications it delivers |
20,000.00 |
|
6 |
Failure to provide the KHDA, its
competent employees, and its authorised representatives with information
and data, within the time frames determined by the KHDA, in
the course of performing the audit and inspection of its activities, work,
and documents
|
20,000.00 |
|
SN
|
Violation
|
Fine (in
dirhams) |
|
1 |
Conducting a Vocational Activity without a
Permit |
50,000.00 |
|
2 |
Failure to comply with the terms of his Permit |
50,000.00 |
|
3 |
Failure to provide the aids, tools, or equipment
required for conducting the Vocational Activity as adopted by the KHDA in
this respect |
20,000.00 |
|
4 |
Failure to ensure the
continued development and qualification of his Professional Cadre in
accordance with the relevant requirements adopted by the
KHDA |
10,000.00 |
|
5 |
Failure to ensure or preserve the rights of Learners,
including through failure to comply with the terms of the contracts concluded with
Learners or with their legal representatives in respect of Vocational Apprenticeship
Programmes
|
20,000.00 |
|
6 |
Failure to designate facilities for Learners
with disabilities to enrol in his Vocational Apprenticeship Programmes; or failure to
provide the relevant aids, tools, or equipment required
for their enrolment |
20,000.00 |
|
7 |
Accepting gifts or Donations from any entity
within or outside of the Emirate without first obtaining the relevant
approvals of the KHDA and concerned Government Entities
|
20,000.00 |
|
8 |
Failure to provide the KHDA, upon request or
periodically, with the Vocational Apprenticeship Programmes he delivers
or with the
details of the Learners enrolled in these programmes
|
20,000.00 |
|
9 |
Awarding a Learner a Vocational Certificate
without fulfilling the requirements prescribed for awarding
that certificate |
30,000.00 |
|
10 |
Failure to provide the KHDA, its
competent employees, or its authorised representatives with information
and data, within the time frames determined by the KHDA, in
the course of performing the audit and inspection of its activities, work,
and documents |
20,000.00 |
©2021
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.