Law No. (2) of 2021
Concerning the
Knowledge and Human Development Authority in Dubai[1]
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We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal
of:
Law No. (3) of
2003 Establishing the Executive Council of the Emirate of Dubai;
Law No. (9) of
2004 Concerning the Dubai International Financial Centre and its amendments;
Law No. (30)
of 2006 Establishing the Knowledge and Human Development Authority in Dubai and
its amendments;
Law No. (1) of
2016 Concerning the Financial Regulations of the Government of Dubai;
Law No. (8) of
2018 Concerning Management of the Government of Dubai Human Resources;
Decree No.
(22) of 2009 Concerning Special Development Zones in the Emirate of Dubai;
Executive
Council Resolution No. (38) of 2007 Establishing the School Inspection Bureau
at the Knowledge and Human Development Authority in Dubai;
Executive
Council Resolution No. (21) of 2011 Concerning Higher Education Institutions in
the Free Zones in
the Emirate of
Dubai and its amendments;
Executive
Council Resolution No. (50) of 2015 Regulating Training Institutes in the
Emirate of Dubai and its amendments;
Executive
Council Resolution No. (54) of 2016 Approving the Organisational Structure of
the Knowledge and Human Development Authority in Dubai;
Executive
Council Resolution No. (2) of 2017 Regulating Private Schools in the Emirate of
Dubai; and
The
legislation establishing and regulating free zones in the Emirate of Dubai,
Do hereby
issue this Law.
This Law will be cited as "Law No.
(2) of 2021 Concerning the Knowledge and Human Development Authority in
Dubai".
The following words and expressions,
wherever mentioned in this Law, will have the meaning indicated opposite each
of them unless the context implies otherwise:
|
UAE: |
The United Arab Emirates. |
|
Emirate: |
The Emirate of Dubai. |
|
Ruler: |
His Highness the Ruler of Dubai. |
|
Executive Council: |
The Executive Council of the Emirate of
Dubai. |
|
KHDA: |
The Knowledge and
Human Development Authority in Dubai. |
|
Director General: |
The director general of the KHDA. |
|
Educational Stages: |
All stages of the education of students
of all ages and attainment levels, including kindergarten, early education,
school education, higher education, vocational training, continuing
education, and any other stages determined by the KHDA. |
a.
This Law applies to:
1.
the Knowledge and Human Development Authority established pursuant
to the above-mentioned Law No. (30) of 2006, as a public authority having legal
personality and the legal capacity required to undertake all acts and
dispositions that ensure the achievement of its objectives; and
2.
all educational institutions, including their teaching and
administrative staff, licensed to operate in the Emirate, including in Special
Development Zones and free zones, such as the Dubai International Financial
Centre.
b.
Notwithstanding the provisions of sub-paragraph (a)(2) of this
Article, the provisions of this Law and the resolutions issued in pursuance
hereof will apply to higher education institutions located outside of the free
zones of the Emirate to the extent that these provisions do not contradict any federal
legislation regulating the activities of such institutions.
The head office of the KHDA will be
located in the city of Dubai. Offices of the KHDA may be opened within and
outside of the Emirate pursuant to a resolution of the Director General.
The KHDA aims to:
1.
regulate the private education sector in the Emirate in all
Educational Stages;
2.
achieve competitiveness and operational efficiency of all elements
of the education sector,
and ensure the quality of education and training outcomes, with a view to
achieving sustainable development;
3.
improve education services in the Emirate in line with the approved
policies and strategic plans, and
the relevant international best practices;
4.
achieve the desired outcomes of the education sector, and provide
education services and options for all students, including students with
disabilities or with special educational needs;
5.
ensure that students are receiving appropriate education and
protect them from any abuse that may hinder their educational progress;
6.
promote the Emirate as a leading education and training
destination;
7.
attract the best leading international educational institutions,
training centres and institutes, and research and studies centres to conduct their business in the Emirate; and encourage them to invest in the education sector;
8.
enhance and support innovation and forward thinking in all educational fields; and
9.
develop an integrated education system for all Educational Stages.
For the purpose of achieving its
objectives, the KHDA will, in accordance with the federal and local legislation
in force in the Emirate, and in coordination with the concerned federal and
local entities
where required, have the duties and powers to:
1.
develop the strategic plans and general policies related to
regulating and developing education, knowledge, and human development in the
Emirate; submit the same to the Executive Council for approval; and follow up
their implementation upon approval;
2.
establish the rules and standards required for the development of
education and for improving its quality and management methods in all Educational
Stages;
3.
regulate educational and training services provided by educational
institutions in accordance with the vision of the Emirate and the UAE and in
line with the labour market demands;
4.
adopt the rules, standards, and procedures for remote education in
the relevant cases determined by
the KHDA depending on the Educational
Stage;
5.
establish and develop the programmes and initiatives aimed at
ensuring that UAE-national students
join public or private educational institutions whose rating is not below
“good”, and remove any obstacles that may affect the educational progress of
these students;
6.
establish and develop the policies, programmes, and systems related
to inclusive education; and submit the necessary reports on the same to the
Executive Council;
7.
issue Permits for educational institutions to conduct their
education and academic activities in the Emirate;
8.
attest the academic certificates issued by educational institutions
and issue the relevant certificates of equivalency;
9.
license the teaching and
administrative staff of educational institutions;
10.
monitor and inspect educational institutions and their faculty members and other personnel to ensure their compliance with the relevant
standards, bylaws, and rules adopted by the KHDA and its affiliated entities;
11.
develop the rules required to guarantee the right to
education for all students and to protect them from all forms of violence, assault, or bullying they may
face;
12.
manage, regulate, authorise, monitor, and control the content of promotional
material in the fields of education and training in the Emirate;
13.
provide training, awareness, and development programmes for UAE-national students, including students with disabilities, in order to
enhance their engagement
in the labour
market;
14.
provide education, throughout all Educational Stages, for various segments of the community at
fair and reasonable prices;
15.
conduct studies and research on all aspects of the educational
process in the Emirate; identify the Emirate’s need for educational institutions in all Educational Stages; ensure that investment projects in the education sector are
aligned with the findings of the studies and research; and submit these findings, along with its recommendations on the same, to the Executive Council to issue the relevant directives as it deems appropriate;
16.
propose and review draft legislation regulating the education
sector; and submit, to the competent Government entities in the Emirate,
recommendations for updating and developing such legislation to ensure that it
is in line with the
latest
developments;
17.
coordinate with federal and local government entities on all
matters related to the performance by the KHDA of its functions under this Law
and other legislation in force in the Emirate, with a view to achieving the objectives and strategies of the education sector of the Emirate in all Educational Stages;
18.
establish the rules for determining and increasing tuition fees,
and monitor compliance by educational institutions with these rules; and
19.
exercise any other duties or powers required for enabling the KHDA
to achieve its objectives under this Law.
a.
A Director General will be appointed to the KHDA pursuant to a
decree of the Ruler.
b.
The Director General will manage the KHDA and undertake general
supervision of the exercise of the duties and powers assigned to it under this
Law, the resolutions issued in pursuance hereof, and other legislation in force
in the Emirate, in line with the approved strategic plans and policies. The
Director General will manage the affairs of the KHDA with a view to ensuring the achievement of its objectives and
performance of its functions. In particular, the Director General will have the
duties and powers to:
1.
develop the general policy, plans, work programmes, and projects of
the KHDA and its affiliated entities; submit the same to the competent
Government entities in the Emirate for approval; and follow up their proper
implementation;
2.
approve the draft annual budget and financial statements of the
KHDA and its affiliated entities, and submit the same to the competent
Government entities in the Emirate for final approval;
3.
approve the organisational structure of the KHDA and its affiliated
entities, and submit the same to the competent Government entities in the
Emirate for final approval;
4.
propose the fees and charges for the services rendered by the KHDA
and its affiliated entities, and submit the same to the competent Government
entities in the Emirate for approval;
5.
approve the resolutions and bylaws regulating the administrative,
financial, and technical work of the KHDA and its affiliated entities;
6.
undertake general supervision of the work of the KHDA executive
body; manage its technical, administrative, and financial affairs; and ensure
that it performs its duties in an efficient and effective manner;
7.
supervise the work of the chief executive officers of the entities
and sectors affiliated to the KHDA;
8.
approve the performance indicators system of the executive body of
the KHDA and its affiliated entities;
9.
represent the KHDA before third parties; and conclude contracts,
agreements, and memoranda of understanding with local, regional, and
international entities in line with the legislation in force;
10.
submit periodic reports on the performance of the KHDA and its
affiliated entities to the Executive Council;
11.
form permanent or temporary committees and work teams, from amongst
the Employees of the KHDA
and its affiliated entities or other persons, to assist him in performing his
duties; and determine the duties and powers of such sub-committees and work
teams; and
12.
exercise any other duties or powers assigned to him by the Ruler or
the Chairman of the Executive Council.
c.
The Director General may delegate any of his powers under
sub-paragraphs (b)(5), (b)(6), (b)(8), (b)(9), and (b)(11) of this Article to
any of the chief executive officers of the KHDA sectors or affiliated entities,
provided that such delegation is specific and in writing.
a.
The KHDA will have as part of its organisational structure
affiliated entities that oversee the provision of certain essential services of
the KHDA, including monitoring the education sector; promoting knowledge and
human development; and providing educational, professional, and training
services. These entities will be established, and their functions determined,
pursuant to a resolution of the Chairman of the Executive Council.
b.
Each entity will have a chief executive officer appointed pursuant
to a resolution issued by the Chairman of the Executive Council upon the
recommendation of the Director General.
The executive body of the KHDA will be comprised of a number of
administrative, finance, and technical Employees, to whom the above-mentioned
Law No. (8) of 2018 and the resolutions issued in pursuance thereof apply.
The financial resources of the KHDA will
consist of:
1.
the financial
appropriations allocated to the KHDA in the General Budget of the Government of
Dubai;
2.
the fees and charges collected by the KHDA in return for the
services it provides or for the licences and permits it issues;
3.
the grants, gifts, donations, endowments, and bequests received by
the KHDA and its affiliated entities and accepted by the Director General, in
accordance with the relevant legislation in force; and
4.
any other resources approved by the Executive Council.
In managing its accounts and records, the
KHDA and its affiliated entities will apply the rules and principles of
government accounting. The Financial Year of the KHDA will commence on 1
January and will end on 31 December of each year.
The Chairman of the Executive Council
will issue the resolutions required for the implementation of the provisions of
this Law.
a.
This Law supersedes the above-mentioned Law No. (30) of 2006 and
its amendments.
b.
Any provision in any other legislation will be repealed to the
extent that it contradicts the provisions of this Law.
c.
The legislation issued in implementation of the above-mentioned Law
No. (30) of 2006 will remain in force to the extent that it does not contradict
the provisions of this Law, until new superseding legislation is issued.
This Law comes into force on the day on
which it is issued, and will be published in the Official Gazette.
Mohammed bin
Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 3
March 2021
Corresponding to
19 Rajab 1442 A.H.
©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.