Concerning the
Dubai Healthcare City[1]
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We,
Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Law No. (9) of 2011 Concerning the Dubai Healthcare City;
Law No. (11) of 2013 Concerning Health Insurance in the
Emirate of Dubai and its Implementing Bylaw;
Law No. (1) of 2016 Concerning the Financial Regulations of
the Government of Dubai, its Implementing Bylaw, and their amendments;
Law No. (8) of 2016 Regulating the Grant of Law Enforcement
Capacity in the Government of Dubai and its Implementing Bylaw;
Law No. (6) of 2018 Concerning the Dubai Health Authority
and its amendments;
Law No. (13) of 2021 Establishing the Dubai Academic Health Corporation;
Law No. (16) of 2023 Concerning Urban Planning in the
Emirate of Dubai;
Decree No. (41) of 2019 Forming the Supreme Committee for
Overseeing the Dubai Healthcare City;
Resolution No. (8) of 2022 Concerning Application of the
Health Insurance Law within the Dubai Healthcare City;
Executive Council Resolution No. (32) of 2012 Regulating the
Practice of Health Professions in the Emirate of Dubai; and
Executive Council Resolution No. (7) of 2016 Approving
Health Insurance Fees and Fines in the Emirate of Dubai,
Do hereby
issue this Law.
This Law will be cited as "Law No.
(16) of 2024 Concerning the Dubai Healthcare City".
The following words and expressions, wherever
mentioned in this Law, will have the meaning indicated opposite each of them
unless the context implies otherwise:
|
Emirate: |
The Emirate of Dubai. |
|
Ruler: |
His Highness the Ruler of Dubai. |
|
Government: |
The Government of Dubai. |
|
DHA: |
The Dubai Health Authority. |
|
DHCC: |
The Dubai Healthcare City. |
|
DHCA: |
The Dubai Healthcare City Authority. |
|
Chairman: |
The chairman of DHCA. |
|
CEO: |
The chief executive officer of the DHCA. |
|
DHCC Establishment: |
Any natural or legal person licensed to carry on business
in the DHCC, including medical, commercial, and professional companies. |
|
Health Sector: |
All components of the health system whose objective
is to protect Public Health, and that fall within the functions of the DHA, as
stipulated in the legislation in force in the Emirate. |
The
provisions of this Law apply to:
1.
the
DHCC, which is governed as a free zone under the above-mentioned Law No. (9) of
2011, and whose boundaries and area are demarcated on the map attached herewith;
and
2.
the
DHCA,
a public authority having legal personality, financial and administrative
autonomy, and the legal capacity required to undertake all acts and
dispositions that ensure the achievement of the DHCC’s objectives.
The
DHCC aims to:
1.
contribute to supporting the Emirate's efforts to
consolidate its position as an international medical and Healthcare hub;
2.
contribute, in accordance with the legislation in
force in the Emirate, to the improvement of the quality of medical services
locally, regionally, and internationally through adherence to world-class
state-of-the-art standards in providing such services;
3.
provide
specialist
medical care locally and regionally by attracting and recruiting local and
international highly competent medical professionals, general and specialist
hospitals and clinics in all medical specialities, pharmaceutical companies,
pharmacies, drug warehouses and manufacturing facilities, medical laboratories,
radiological centres, as well as other medical and health facilities,
industries, medical and healthcare services, and associated services; and
4.
contribute
to encouraging medical education and establishing specialised medical research
centres.
a.
The
DHCA will supervise the DHCC to enable it to achieve its objectives. In
particular, the DHCA will have the duties and powers to:
1.
develop
and manage the infrastructure and administrative and other
services within the DHCC;
2.
establish or participate in the
establishment of world-class medical colleges, medical research and study
centres, and nursing institutions and schools;
3.
cooperate with leading international
medical and health universities and institutions in all endeavours aimed at
developing medical services subject to the legislation in force in the Emirate;
4.
establish or participate in the
establishment of clinics, medical and diagnostic centres, pharmaceutical and
medical equipment companies, medical rehabilitation centres, nutrition centres,
health and treatment
centres, medical resorts, health and sports clubs, and sports
therapy and physiotherapy companies and establishments;
5.
establish or participate in the
establishment of hotels, motels, hotel apartments, healthcare centres, and
centres for providing medical, therapeutic, preventive, and pharmaceutical
services online;
6.
create a conducive work environment
for providing all types of health, medical, and other related services within
the DHCC;
7.
establish hospitals; clinics; and
healthcare, therapeutic, and pharmaceutical establishments, as well as other
corporations and companies, to operate within the DHCC;
8.
regulate the work relationships
between DHCC Establishments and any other external entities;
9.
determine and regulate the business
and activities authorised within the DHCC, and set the rules, conditions,
requirements, and procedures for licensing such business and activities;
10. register
and license companies, establishments, and other entities within the DHCC, in
accordance with the provisions of this Law, the resolutions issued in pursuance
hereof, and other legislation in force in the Emirate;
11. audit
and inspect DHCC Establishments
and their activities to verify their compliance with the provisions of this
Law, the resolutions issued in pursuance hereof, and other legislation in force
in the Emirate;
12. license,
regulate, control, and supervise all construction works performed within the
DHCC;
13. coordinate
with free zone authorities in the Emirate to enable DHCC Establishments to
conduct their activities within such zones;
14. provide
DHCC Establishments, upon their request, with their requirements of
administrators, technicians, professionals, and other personnel in accordance
with the conditions to be agreed upon with each establishment;
15. qualify
and train Emirati technical staff in all fields that are relevant to the
functions of the DHCA;
16. lease
and grant ownership of land plots and buildings within the DHCC to any of the
DHCC Establishments in order to enable it to conduct its activities within the
DHCC;
17. establish
corporations and companies solely or in partnership with others, within or
outside of the DHCC;
18. impose
and collect fees for the services provided by the DHCA;
19. own, sell, lease, and mortgage the land and
facilities owned by the DHCC; and dispose of the same in any legal manner;
20. cooperate with local and international
organisations and agencies in the field of Healthcare;
21. obtain loans, financing, and credit
facilities required for achieving the DHCC's objectives from local and
international financial institutions, in accordance with the legislation in
force in the Emirate; and
22. exercise any other duties or powers
required for the achievement of the objectives of the DHCC, as assigned to it
by the Ruler.
b.
The
DHCA must exercise its functions under this Law and the resolutions issued in
pursuance hereof, subject to the powers and functions vested in the DHA and
other competent entities in the Emirate under the legislation
regulating the Health Sector and under other legislation in force in the
Emirate.
The provisions of this Law and the
resolutions issued in pursuance hereof apply without prejudice to the powers
and functions assigned to the DHA under that legislation regulating the Health
Sector, particularly the above-mentioned Law No. (11) of 2013, Executive
Council Resolution No. (32) of 2012, and Executive Council Resolution No. (7)
of 2016. These provisions will also apply without prejudice to the powers of
the DHA to record the acts committed in breach of the legislation regulating the
Health Sector, and to impose the fines and administrative penalties and
measures prescribed by such legislation.
The organisational structure of the DHCA will consist of
the following organisational levels:
1.
the Chairman;
2.
the CEO; and
3.
the executive body.
The DHCA will have a Chairman appointed pursuant to a decree issued
by the Ruler.
a.
The
Chairman will undertake general supervision of the DHCC and
ensure that the DHCA achieves the objectives of the DHCC. For this purpose, the
Chairman will have the duties and powers to:
1.
approve, and follow up the
implementation of, the general policy and strategic and operational plans of
the DHCA;
2.
approve the services, works,
projects, and activities that the DHCA intends to undertake;
3.
approve the organisational structure
of the DHCA;
4.
approve the resolutions and bylaws
regulating the administrative, financial, and technical work of the DHCA;
5.
form committees and determine their
duties, powers, and tenure;
6.
issue the resolutions establishing
departments, boards, authorities, and any other entities as required for
achieving the DHCC’s objectives;
7.
approve the borrowing and financing
programmes proposed by the CEO, subject to the legislation in force in the
Emirate; and submit the same to the competent entity in the Emirate for final
approval;
8.
approve the bylaws, regulations, and
resolutions regulating business and activities within the DHCC;
9.
approve the rules and procedures for
registration and licensing of DHCC Establishments;
10. approve
the fees and charges for the services provided by the DHCA, and submit the same
to the competent entities in the Emirate for final approval;
11. approve
the areas of investment and acts of disposition of DHCA property;
12. approve
the annual draft budget and Financial Statements of the DHCA;
13. approve
the annual report on the activities and financial position of the DHCA;
14. conduct
annual reviews of the performance reports of the DHCA, and take the necessary
action in respect thereof;
15. approve
the resolutions, bylaws, and regulations related to the fines, penalties, and
measures to be imposed on DHCC Establishments that violate the regulations and
bylaws applicable within the DHCC;
16. approve
the appointment of auditors and specialised consultants to assist in identifying
the DHCC's initiatives, and determine their annual remuneration;
17. establish
and participate with third parties in the establishment of DHCC Establishments
and companies within and outside of the Emirate; and
18. exercise
any other duties or powers that are relevant to the achievement of the
objectives of the DHCC, as assigned to him by the Ruler.
b.
The
Chairman may delegate any of his powers under paragraph (a) of this Article to
the CEO, provided that such delegation is specific and in writing.
a. A CEO will be appointed to the
DHCA pursuant to a resolution of the Chairman.
b. The CEO will be directly
responsible to the Chairman for the exercise of the duties and powers assigned
to him under this Law, the resolutions issued in pursuance hereof, and other
legislation in force in the Emirate. The CEO will also verify that the DHCA
achieves the objectives of the DHCC and performs its duties pursuant to this
Law, the resolutions issued in pursuance hereof, and other legislation in force
in the Emirate.
c. The CEO will have the duties and powers
to:
1.
propose the policies, and strategic
and operational plans, of the DHCA; submit the same to the Chairman for
approval; and take all actions required for their implementation upon approval;
2.
propose the services, work,
projects, and activities to be performed by the DHCA; and submit the same to
the Chairman for approval;
3.
propose the organisational structure
of the DHCA and submit the same to the Chairman for approval;
4.
propose fees and charges for the
services provided by the DHCA, and submit the same to the Chairman for
approval;
5.
prepare the draft annual budget and
Financial Statements of the DHCA, and submit the same to the Chairman for
approval;
6.
propose the resolutions and bylaws
regulating the financial, administrative, and technical work of the DHCA; and
submit the same to the Chairman for approval;
7.
propose the bylaws, regulations, and
resolutions regulating business and activities within the DHCC; and submit the
same to the Chairman for approval;
8.
propose rules and procedures for the
registration and licensing of DHCC Establishments, and submit the same to the
Chairman for approval;
9.
propose the borrowing programmes
required to obtain the financing that enables the DHCA to achieve the DHCC’s
objectives, in a manner that does not conflict with the legislation in force in
the Emirate, and submit the same to the Chairman for approval;
10. propose
the areas of investment and acts of disposition of the DHCA property, and
submit the same to the Chairman for approval;
11. issue
the resolutions required for maintaining a register for the licensing of DHCC
Establishments and any other registers that are relevant to the operations of
the DHCA;
12. prepare
periodic and annual reports on the performance, activities, and financial
position of the DHCA, and submit the same to the Chairman for approval;
13. supervise
the work of the employees of the executive body of the DHCA, and appoint
qualified and competent employees;
14. open
and manage bank accounts in accordance with the legislation in force in the
Emirate;
15. represent
the DHCA before third parties; and conclude the contracts, agreements, and
memoranda of understanding required for the achievement of the objectives of
the DHCC;
16. propose
the resolutions, bylaws, and regulations related to the fines, penalties, and
measures to be imposed on the DHCC Establishments that violate the regulations
and bylaws applicable within the DHCC; and submit the same to the Chairman for
approval;
17. supervise
the work, activities, and services performed by DHCC Establishments;
18. coordinate
with the federal and local government entities, including other free zones’
authorities, to ensure achievement of the DHCC's objectives;
19. organise and co-organise conferences and
events specialised in areas and sectors targeted by the DHCC; and
20. exercise any other duties or powers
required for the achievement of the objectives of DHCC, as assigned or
delegated to him by the Chairman.
d. The CEO may delegate any of
his powers under paragraph (c) of this Article to any of the employees of the
DHCA executive body, provided that this delegation is specific and in writing.
a. The executive body of the
DHCA will be comprised of a number of administrative, finance, and technical employees.
b. The rights, duties, and employment affairs of
the employees of the executive body of the DHCA will be governed by the
relevant human resources regulation issued by the Chairman.
The financial resources of the DHCA will consist of:
1.
the movable and immovable property
allocated to the DHCA by the Government;
2.
the fees and charges collected by
the DHCA in return for issuing permits and providing services;
3.
returns on investment of the funds
and property of the DHCA; and
4.
the grants, donations, and any other
financial resources approved by the Chairman, provided that they do not
conflict with the DHCC's objectives or the legislation in force in the Emirate.
a. In managing its accounts and
records, the DHCA will apply the rules and principles of commercial accounting, in accordance with the
relevant recognised international standards.
b. Accounts and records of the DHCA
will be audited by an accredited audit firm approved by the Chairman.
c. The Financial Year of the DHCA will
commence on 1 January and will end on 31 December of the same year.
All Government Entities in the Emirate must fully
cooperate with the DHCA to enable it to achieve the objectives of the DHCC; to
exercise the functions assigned to it under this Law, the resolutions issued in
pursuance hereof, and other legislation in force in the Emirate; and must, upon
request, provide the DHCA with support and assistance.
a. Without prejudice to the federal tax
legislation in force in the UAE, DHCC Establishments and their employees will
be subject to zero (0) tax rate for fifty (50) years from the date on which
these establishments and individuals commence their operations. This period
will be renewable for the same period pursuant to a resolution of the Ruler.
The zero (0) tax rate will apply to:
1.
all
taxes, including income tax, in relation to their operations
within the DHCC; and
2.
taxes imposed on the transfer of
assets, profits, salaries, or wages to any party outside of the DHCC and on the
profits generated from the merger, demerger, or change of legal form of DHCC
Establishments.
b. All products and goods
manufactured, developed, imported into, or used within the DHCC, as well as
those used in the provision of any service or in the manufacture of any product
within it, will be exempt from customs duties.
c. Products and goods exported
from the DHCC will be treated as being imported from abroad for the first time
and will be subject to the applicable customs duties.
d. The property and activities of DHCC
Establishments, during their operation in the DHCC, will not be subject to any
nationalisation or restriction of private ownership measures.
a. With respect to their
operations in the DHCC, neither the DHCC, DHCC Establishments, nor any of their
staff will be subject to laws, regulations, authorities, or powers
of the Dubai Municipality or Department of Economy and Tourism, nor to the powers
and authorities of such entities. This will not apply to the laws, regulations
and other legislation related to public health and safety, food control, the
environment, and urban planning.
b. The DHCA may benefit from or
utilise any facilities or licensing services provided by the entities mentioned
in paragraph
(a) of this Article, for the purpose of licensing DHCC Establishments as deemed
appropriate by the DHCA, provided that the DHCC Establishments licensed through
services provided by such entities are subject to the legislation, regulations,
and bylaws applicable within the DHCC, and the licences of such establishments
will be treated as if they were issued by the DHCA itself.
The Government will not be liable to third parties
for any debts or obligations claimed from the DHCA or its affiliated entities.
The DHCA will be solely liable for such debts or obligations.
Neither the Government nor the DHCA
will be liable to third parties for any obligations arising from the
performance by DHCC Establishments or their employees
of their work.
Except in cases of fraud and gross
fault, neither the Chairman, nor the CEO, nor any of the employees of the
executive body of the DHCA will, in the course of
managing the DHCA and its operations, be liable to third parties for any act or
omission committed by him in connection with this management. The DHCA will be
solely liable to third parties for any such act or omission.
a.
No
individual, establishment, or company may conduct any commercial activity
within the DHCC unless they have obtained the relevant licences and
permits from the DHCA. Applications for these licences and permits will be
determined in accordance with the relevant rules and requirements adopted by
the DHCA and the legislation in force in the Emirate.
b.
No
individual,
establishment, or company may conduct any Healthcare activity within the Health
Sector of the Emirate, within the DHCC unless they have obtained the relevant
licences and permits from the DHA, in addition to any other permits or
approvals to be issued by the DHCA. Applications for these licences and permits
will be determined in accordance with the relevant rules and requirements
adopted by the DHA and the DHCA and the legislation in force in the Emirate.
DHCC Establishments, including all
types of companies except public joint stock companies, may be established
within the DHCC. Such companies and establishments may be owned by one
or more natural or legal persons, whether or not they are UAE Nationals.
The establishment, registration,
accreditation, liquidation, control, and supervision of DHCC Establishments, as
well as the regulation of all related processes and matters, including
determining their licensing conditions and requirements, and prescribed fees,
will be subject to the legislation regulating the Health Sector as applicable
to the DHA, and to other legislation, regulations, and bylaws applicable to the
DHCA and other competent entities in the Emirate.
a. The name of a DHCC
Establishment must, in all transactions, contracts, advertisements, invoices,
correspondence, and publications, expressly state that it is a free zone
establishment and specify its legal form.
b. Where the owner of a DHCC Establishment
fails to comply with paragraph (a) of this Article, he will be personally
liable to settle the DHCC Establishment’s obligations.
The following activities are hereby prohibited
within the DHCC:
1.
any
activity that conflicts with legislation applicable in the
DHCC;
2.
any activity that involves unfair competition;
and
3.
any activity that conflicts with the
licence and permit issued
to a DHCC Establishment, the legislation in force in the Emirate, or with public
order or morality.
No DHCC Establishment may assign the licences or
permits issued to it by the DHCA, the DHA, or other competent entities in the
Emirate to any party or entity without first obtaining the written approval of
the issuing entities.
The Chairman will, in accordance with
the bylaws and regulations issued by the DHCA, prescribe fines and administrative penalties for violations
committed by DHCC Establishments or their staff of the provisions of this Law,
the resolutions or bylaws issued in pursuance hereof, or the terms of the
licence issued by the DHCA.
a. DHCA employees nominated
pursuant to a resolution of the CEO will have the capacity of Law Enforcement
officers to record the acts committed in breach of the provisions of this Law or
the resolutions and bylaws issued in pursuance hereof. In this capacity,
they may oversee and supervise DHCC Establishments and their employees, and the
activities and business conducted within the DHCC; issue the necessary
violation reports; and, where necessary, seek the assistance of police
personnel.
b. The Law Enforcement capacity, referred to in
paragraph (a) of this Article, will be granted in accordance with the
provisions of the above-mentioned Law No. (8) of 2016, the resolutions issued
in pursuance thereof, and any other superseding legislation.
The DHCA may, in accordance with the
legislation in force, delegate any of its functions under this Law and the
resolutions issued in pursuance hereof to any public or private entity pursuant
to an agreement concluded with that entity in this respect. This agreement will
determine the rights and obligations of the parties thereto, and will include
any other relevant provisions.
The Chairman will issue the bylaws and resolutions required for implementing
this Law.
a. This Law supersedes
the above-mentioned Law No. (9) of 2011.
b. The
above-mentioned Decree No. (41) of 2019 is hereby repealed. Any provision in
any other legislation is also hereby repealed to the extent that it contradicts
the provisions of this Law.
c. The
resolutions, bylaws, and regulations issued in implementation of the
above-mentioned Law No. (9) of 2011 and Decree No. (41) of 2019 will continue
in force to the extent that they do not contradict this Law, until new
superseding resolutions, bylaws, and regulations are issued.
This Law will be published in the
Official Gazette and will come into force on the day on
which it is published.
Mohammed bin Rashid
Al Maktoum
Ruler of Dubai
Issued in
Dubai on 4 September 2024
Corresponding
to 1 Rabi al-Awwal 1446 A.H.
©2025 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.