Law No. (9) of 2011
Concerning
Dubai Healthcare City[1]
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We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Law No. (13) of 2007 Establishing the Dubai Health
Authority;
Law No. (8) of 2010 Concerning the Financial Audit
Department; and
Resolution No. (9) of 2003 Establishing Dubai
Healthcare City,
Do hereby issue this Law.
This Law will be cited as "Law No. (9) of 2011
Concerning Dubai Healthcare City".
The following words and
expressions, wherever mentioned in this Law, will have the meanings indicated
opposite each of them unless the context requires otherwise:
|
Emirate: |
The Emirate of Dubai. |
|
Government: |
The Government of Dubai. |
|
DHCC: |
Dubai Healthcare City
established pursuant to the above-mentioned Resolution No. (9) of 2003. |
|
Authority: |
Dubai Healthcare City
Authority. |
|
Chairperson: |
The chairperson of the
Authority. |
|
Board of Directors: |
The Board of Directors of
the Authority. |
|
Executive Director: |
The Executive Director of
the Authority. |
|
DHCC Establishments: |
Any natural or legal person
licensed to carry on business in DHCC, including medical, commercial and
professional companies. |
The provisions of this Law will apply to DHCC
established pursuant to the above-mentioned Resolution No. (9) of 2003 as a
free zone. The DHCC boundaries and area are determined in the map attached to
this Law.
A
public corporation based in DHCC named as "Dubai Healthcare City
Authority" is hereby established to manage DHCC. The Authority will
have legal personality and financial and administrative autonomy, and the legal
capacity required to achieve the objectives of DHCC.
DHCC
aims to achieve the following objectives:
1. to promote the status of the Emirate as an
international medical and healthcare hub;
2. to contribute to the improvement of the quality of
medical services locally, regionally and internationally through commitment to
world-class state-of-the-art standards in providing such services;
3. to provide specialist medical care locally and
regionally by attracting and recruiting local and international medical
expertise, general and specialist hospitals and clinics in all medical
disciplines, drug companies, pharmacies, drug warehouses and factories, medical
laboratories, radiological centers, as well as other medical and health
facilities, industries, medical and healthcare services and associated
services; and
4. to encourage medical education and specialist medical
research centers.
For
the purpose of achieving DHCC objectives, the Authority will have the following
powers and duties:
1. to create and manage the infrastructure,
administrative and other services within DHCC by itself or through real estate
developers;
2. to establish or participate in the establishment of
world-class medical colleges, medical research and study centers, and nursing institutions and schools;
3. to cooperate with leading international medical and
health universities and institutions in all efforts to develop medical
services;
4. to establish or participate in the establishment of
clinics, medical and diagnostic centers, pharmaceutical and medical equipment companies, medical rehabilitation centres, nutrition centres,
health and therapy centres, spas, health and sports clubs, and sports therapy
and physiotherapy companies and establishments;
5. to establish or participate in the establishment of
hotels, motels, hotel apartments, as well as healthcare centres and online
centres and solutions for providing medical, therapeutic, preventive and
pharmaceutical services;
6. to regulate the activities undertaken within DHCC in
accordance with resolutions approved in this regard;
7. to create the appropriate environment for providing
all types of health, medical and other related services within DHCC;
8. in collaboration with competent Government entities, to
establish, license and accredit hospitals, clinics and healthcare, therapeutic
and pharmaceutical establishments, as well as other corporations and companies
to operate within DHCC;
9. in collaboration with the competent Government entities,
to regulate the method of work governing the relationship between DHCC Establishments
and any other external entities;
10. to supervise and inspect DHCC Establishments;
11. to agree with free zones to enable DHCC Establishments
to conduct their activities within such zones;
12. to supply DHCC Establishments, upon their request,
with their requirements of administrators, technicians, professionals and other
staff members in accordance with the conditions to be agreed upon with such
Establishments;
13. to lease and grant title of ownership of land plots
and buildings within DHCC to any DHCC Establishment in order to enable such Establishments
to conduct their activities within DHCC;
14. to deliver all types of medical and healthcare
services within DHCC;
15. to impose and collect fees for the services provided
by the Authority;
16. to own, sell, lease, mortgage and dispose of land and
facilities owned by DHCC;
17. to cooperate with local and international organisations
and agencies in the field of healthcare;
18. to obtain loans, finance and credit facilities
required for achieving DHCC objectives from local and international financial
institutions; and
19. perform any other duties that would help DHCC achieve
its objectives.
The organisational structure of the Authority will be comprised of:
-
a
Chairperson;
-
a
Board; and
-
an
Executive Body.
Her Royal Highness Princess Haya bint Al Hussein is
hereby appointed Chairperson of the Authority.
a. The Chairperson will be responsible for the overall
supervision of DHCC, having in particular the following powers:
1.
to approve the Authority's general policy and
strategic and development plans;
2.
to approve the Authority's regulatory, administrative
and financial bylaws;
3.
to supervise the achievement of the Authority's
objectives, and approve services, activities and projects of the Authority;
4.
to approve the Authority's draft general budget and
final accounts;
5.
to establish any entities required for achieving DHCC
objectives;
6.
to appoint members of the Board of Directors and the
Executive Director of the Authority;
7.
to form committees and determine their powers and duties;
and
8. to issue resolutions
establishing departments, boards, authorities and any other bodies required for
achieving DHCC objectives.
b. The Chairperson may delegate any of the powers
stipulated in this Law to any Board member or to the Executive Director.
a. The Authority will be managed by a Board of Directors comprised
of the Chairperson, the Vice Chairperson and at least seven (7) directors to be
appointed, and their remuneration determined pursuant to a resolution of the
Chairperson. Membership of the Board will be for a renewable term of three (3)
years.
b. The Board of Directors will be convened by the
Chairperson at least once every two months and whenever required. Board
meetings will be valid if attended by the majority of members, provided that
the Chairperson or Vice Chairperson is among them.
c. The Board of Directors will issue its resolutions by
majority vote, and in the case of a tie, the Chairperson will have a casting
vote. The Board's resolutions will be recorded in minutes of meetings to be
signed by the Chairperson and attending members.
d. The Board of Directors will be accountable to the
Chairperson for implementing the duties assigned to it under this Law.
The Board of Directors will
have the following powers and duties:
1.
to
review DHCC policies, strategic and operational plans, bylaws, rules and
regulations proposed by the Executive Director, and submit the relevant
recommendations to the Chairperson for approval;
2.
to
approve DHCC annual budget, final accounts and financial and organisational
structure and submit the same to the Chairperson for approval;
3.
to
review and approve the processes of registering and licensing DHCC Establishments,
the services provided by the Authority and the fees charged for such services,
and present the same to the Chairperson for approval;
4.
to
supervise and participate in the organisation of specialised conferences and
events in areas and sectors targeted by the DHCC;
5.
to
appoint auditors and specialised consultants to assist in defining DHCC's
initiatives, and determine their remuneration;
6.
to
determine investment opportunities within DHCC, and supervise the creation of
DHCC infrastructure;
7.
to
establish and participate with third parties in the establishment of DHCC Establishments
and companies inside and outside of the Emirate; and
8. perform any other duties to be assigned by the
Chairperson.
a. The Executive Body of the Authority will be comprised of
an Executive Director and a number of administrative, financial and technical
employees.
b. The Executive Director will be appointed, and his
salary and remuneration will be determined pursuant to a resolution of the
Chairperson. The Executive Director will be accountable directly before the
Chairperson for fulfilling his assigned duties under this Law or those assigned
to him by the Chairperson or the Board of Directors.
c. Employees of the Executive Body of the Authority will
be appointed, and the terms of their employment, termination, salaries, duties
and other related issues will be determined, pursuant to a special regulation
issued by the Chairperson in this regard.
a. The Executive Director will have the following powers
and duties:
1.
to propose policies and strategic and operational
plans and submit the same to the Board of Directors for approval, and take the
necessary action to fulfill such policies and plans;
2.
to prepare administrative, financial and technical
regulations and bylaws required for regulating activities of, and services
provided by the Authority, and present the same to the Board of Directors for
approval;
3.
to prepare the Authority's annual budget and final
accounts, and submit the same to the Board of Directors for approval;
4.
to prepare the Authority's organisational and
administrative structure, submit the same to the Board of Directors for
approval, and render decisions on creating records required for activities of
the Authority;
5.
to supervise the activities and services provided by
DHCC Establishments;
6.
to coordinate with ministries, federal and local
government agencies and departments for the purpose of achieving DHCC's
objectives;
7.
to supervise the Authority's executive body;
8.
to represent the Authority before third parties, and
sign all contracts and memoranda of understanding on its behalf;
9.
to conclude leasing contracts for DHCC land and
buildings with any non-profit or for-profit organisation to enable such
organisations to conduct their activities;
10. to appoint technical
and administrative staff members required as per the bylaws and regulations
approved by the Authority in this regard; and
11. to open and manage bank
accounts inside and outside of the Emirate subject to the Chairperson's
approval.
b. The Executive Director may delegate any of
his powers stated in paragraph (a) of this Article to any employee of the Authority.
The Authority's financial resources will
comprise:
1. movable and immovable assets allocated to it by the
Government;
2. fees and charges for the licences and services
provided by the Authority;
3. proceeds from the Authority's investment in its
property; and
4. grants, donations and any other financial resources
approved by the Chairperson, to the extent that these do not conflict with the
Authority's objectives and the applicable laws of the Emirate.
1.
In regulating
its accounts and records, the Authority will apply internationally recognised
rules and principles of commercial accounting.
2.
The
Authority's accounts and records will be audited by a licensed auditing firm to
be appointed by the Board of Directors.
3. The Authority's financial year will commence on the 1
January and end on the 31 December of each year. The first financial year will
start from the effective date of this Law and will end on the 31 December of
the following year.
The Authority's accounts and financial
and accounting records will be subject to the control of the Financial Audit
Department.
All Government bodies
in the Emirate must fully cooperate with the Authority in order to enable it to
achieve DHCC's desired objectives.
a. DHCC Establishments and persons working therein will
be exempt from all taxes, including income tax with respect to their activities
within DHCC. Such Establishments will be exempt from any restrictions on
capital, dividend or salary transfer in any currency and to any destination
outside DHCC for a period of fifty (50) years. Such a period may be extended to
similar periods pursuant to a resolution of the Chairperson, and will be
calculated starting from the date of commencement of business or the date of
employment of staff.
b. All products and goods manufactured, developed,
imported into, or used within DHCC, as well as those used in producing any
service or product, will be exempt from customs duties.
c. Products and goods exported from DHCC will be treated
as being imported from abroad for the first time and will be subject to
applicable customs duties.
d. Assets or activities of DHCC Establishments will not
be subject to any nationalisation measures or private ownership restrictions as
long as they are operating within DHCC.
a. Neither DHCC, DHCC Establishments nor any of their
staff, with respect to their activities in DHCC, will be subject to laws,
regulations, and authorities and powers of Dubai Municipality or Department of
Economic Development, nor to powers and authorities that fall within the
jurisdiction of such entities, except public health and safety, and environment
laws and regulations.
b. The Authority 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 Authority, provided that the DHCC Establishments
licensed through services provided by such entities are subject to regulations
and bylaws applicable within DHCC, and licences of such establishments will be
treated as if they were issued by the Authority itself.
The Government will not
be liable towards third parties for any debts or liabilities claimed against
the Authority or its affiliated entities. The Authority will be solely liable
for such debts or liabilities.
Except in cases of fraud or gross
negligence, neither the Chairperson, nor the Board members nor the Executive
Director, in the course of managing DHCC and its operations, will be liable
towards third parties for any act or omission they commit with respect to the
Authority and its operations. The Authority will be solely liable for such act or
omission.
No individual, establishment or company
may conduct any medical or commercial activity within DHCC unless they have
obtained the relevant licence from the Authority. Applications for licences will
be considered in accordance with the relevant rules and requirements adopted by
the Authority in this regard and the applicable legislation in the Emirate.
DHCC Establishments,
including all types of companies except public joint stock companies, will be
established, and such establishments may be owned by one or more natural or legal
persons irrespective of being UAE Nationals or Non-UAE Nationals.
Establishment, registration,
accreditation, liquidation, audit and supervision of DHCC Establishments, as
well as the regulation of all their processes and related issues and determining
their licensing terms and requirements and prescribed fees will be subject to
the relevant regulations and bylaws issued by the Authority in this regard.
DHCC Establishments must add to its name
its legal form and its status as a free zone company/establishment in all of
its activities, contracts, advertisements, invoices, correspondence and
publications, failing which the owner of the Establishment will be liable towards
third parties for obligations of such Establishment.
The Authority will not be liable to
third parties for any obligations resulting from the activities of DHCC Establishments
or their staff members.
The following activities are hereby
prohibited within DHCC:
1.
any
activity that conflicts with legislation applicable in DHCC;
2.
any
activity that involves illegal competition; and
3. any activity that conflicts with legislation applicable
in the UAE or with public order or morals.
It is not permissible
for any owner of a DHCC Establishment to assign the licence delivered to him by
the Authority to any party whatsoever unless prior approval of the Authority
for such assignment is obtained.
All employees of DHCC, along with all
its powers and duties prescribed pursuant the above mentioned Resolution No.
(9) of 2003 including the power of granting medical licences, will be
transferred to the Authority.
The Chairperson will, in accordance with
the bylaws and regulations issued by the Authority, prescribe administrative
sanctions for violations committed by DHCC Establishments or their staff of the
provisions of this Law, the resolutions or bylaws issued hereunder, or the
requirements of the licence delivered by the Authority.
The Chairperson will issue the bylaws and
resolutions required for implementing this Law.
This Law supersedes Resolution No. (9)
of 2003 Establishing Dubai Healthcare City. Any other provision in any other
legislation will be repealed to the extent that it contradicts the provisions
of this Law.
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 24 April 2011
Corresponding to 21 Jumada al-Ula 1432 A.H.