Categories
Laws and Regulations

The Controls for Trade Names Registered Before the Entry Into Force of the Trade Names Law

Arabic

Issued by Ministry of Commerce Decision 288


These controls are based on clause Fourth of Royal Decree D/83 dated 19 Rabi Al-Awwal 1446 [22 September 2024], which stipulate that “the provisions of the law—referred to in clause Second of this decree—do not prejudice ‏the registered trade names before its entry into force as determined by the Ministry of Commerce.”

1. Controls for the Practice of the Owner of the Existing Trade Name Associated with the Activity

A merchant whose trade name is associated with an activity may practice this activity and all activities registered for him in his commercial registration before the entry into force of the Trade Names Law. He may restrict any other activity after the law comes into force, in accordance with the following controls:

(a) That there is no trade name identical to it registered in the Commercial Register, for which no specific activity is associated with its name.

(b) That there is no trade name identical to it registered in the Commercial Register, for which the same activity is associated with its name.

 (c) That the same activity is not registered in the Commercial Register under another trade name that is identical to it.

2. Controls for the Practice of an Existing Trade Name Not Associated with the Activity

A merchant whose trade name is not associated with an activity may practice all activities registered for him in his commercial registration before the entry into force of the Trade Names Law. He may restrict any other activity after the law comes into force, in accordance with the following controls:

(a) That there is no trade name identical to it registered in the Commercial Register, for which the same activity is associated with its name.

 (b) That the same activity is not registered in the Commercial Register under another trade name that is identical to it.

3. Registration of a New Trade Name

If the merchant wishes to register any other activity after the law comes into force and does not meet the controls provided in clauses 1 or 2 of these controls, he may register a new trade name in accordance with the provisions of the Trade Names Law.


Published in Umm Al-Qura 5079 issued on 30 March 2025.

Categories
Council of Ministers Decision

Council of Ministers: Decision 704 Suspending the Implementation of the Controls for the Use of Educational Facility Lands by Private Schools

Arabic

The Council of Ministers,

after perusal of Royal Court File 13262 dated 24 Safar 1446 [28 August 2024], which includes the Minister of Education Telegram 4500873610 dated 13 Dhu Al-Qa’dah 1445 [21 May 2024] regarding his request to suspend the implementation of the controls for the use of educational facility lands by private schools,

after perusal of the Controls for the Use of Educational Facility Lands by Private Schools issued by Council of Ministers Decision 65 dated 2 Safar 1436 [24 November 2014], and amended by Council of Ministers Decision 624 dated 24 Dhu Al-Hijja 1439 [4 September 2018],

after perusal of the Controls for Amending the Use of Lands Allocated for Public Facilities in Specific Plans issued by Council of Ministers Decision 447 dated 13 Rajab 1438 [10 April 2017],

after perusal of the Organizational Structure and Guide of the Ministry of Education approved by Council of Ministers Decision 657 dated 10 Sha’ban 1445 [20 February 2024],

after perusal of Bureau of Experts at the Council of Ministers Memorandum 1536 dated 3 Jumada Al-Awwal 1446 [5 November 2024] and Memorandum 2323 dated 1 Rajab 1446 [1 January 2025],

after perusal of Council of Economic and Development Affairs Minutes 1064/46/M dated 16 Rajab 1446 [16 January 2025],

and after perusal of General Committee of the Council of Ministers Recommendation 8406 dated 20 Sha’ban 1446 [19 February 2025],

hereby decides

First

The implementation of the Controls for the Use of Educational Facility Lands by Private Schools issued by Council of Ministers Decision 65 dated 2 Safar 1436 [24 November 2014] and amended by Council of Ministers Decision 624 dated 24 Dhu Al-Hijja 1439 [4 September 2018] is hereby suspended, as of the date of entry into force of the controls referred to in clause Second of this decision.

Second

The Ministry of Education shall—in accordance with its legal mandates—set the Controls for the Use of Educational Facility Lands by Private Schools, and shall coordinate in this regard with the Ministry of Investment and the Ministry of Municipalities and Housing. It shall also complete the requirements for them to enter into force within a period not exceeding 60 days from the date of this decision.

Third

The Ministry of Education shall—if it approves the request of any investor for private schools to use educational facility lands and the requests to amend the type and educational stage, according to the provisions of the controls set by the ministry for this purpose, in accordance with the provisions of clause Second of this decision—notify the Ministry of Municipalities and Housing of this to complete the requirements in regard to amending the plans, issuing building permits for the relevant sites, and coordinating in this regard with the development authorities and strategic offices in the regions and cities.

Fourth

The Ministry of Municipalities and Housing shall—in accordance with its legal mandates—complete the necessary amendments to the Guide on Requirements for Private Schools issued by Ministerial Decision 4100128804 dated 11 Rabi Al-Thani 1441 [8 December 2019], in accordance with Controls for the Use of Educational Facility Lands by Private Schools , which will be set by the Ministry of Education based on the provisions of clause Second of this decision, within a period not exceeding 30 days from the date of entry into force of the mentioned controls.

Fifth

The Ministry of Municipalities and Housing shall coordinate with the Ministry of Education, the Ministry of Investment, the Royal Commission for Riyadh City, and the Development Authorities Support Center when updating the standards for educational facilities. The Ministry of Municipalities and Housing shall—subsequently—complete the requirements regarding the inclusion of the mentioned standards in the Guide on Planning Standards for Public Services, which is currently being updated by the ministry ‏at its various levels, and shall also include it in the procedures for approving current and future land division plans, in accordance with its legal mandates.

Sixth

The Ministry of Municipalities and Housing or the Ministry of Education shall—as the case may be—coordinate with the Ministry of Investment, the Royal Commission for Riyadh City, and the Development Authorities Support Center, when proposing to amend the Controls for Amending the Use of Lands Allocated for Public Facilities in Specific Plans, stipulated in clause First of Council of Ministers Decision 447 dated 13 Rajab 1438 [10 April 2017].

The Prime Minister

Issued on: 18 Ramadan 1446
Corresponding to: 18 March 2025

Published in Umm Al-Qura 5077 issued on 28 March 2025.

Categories
Laws and Regulations

The Customs Consultancy Profession Licensing Controls

Arabic

Issued by Board of Directors of the Zakat, Tax, and Customs Authority Decision 25-02-03 Dated 16 Ramadan 1446 [16 March 2025]


Introduction

With reference to Council of Ministers Decision 748 dated 2 Ramadan 1445 [12 March 2024] approving in its clause First the transfer of the licensing mandate for the customs consultancy profession and the mandates relating to it from the Ministry of Commerce to the Zakat, Tax, and Customs Authority, in accordance with the procedures specified in the same decision.

In an effort by the authority to control and monitor the activity of customs consultancy, and to manage and govern the relationship between the authority and practitioners of the customs consultancy profession, to raise the level of efficiency of the customs consultancy sector after transferring its mandate to it.

Accordingly, the authority has worked on preparing these controls aimed at clarifying the conditions necessary to obtain a license to practice the customs consultancy profession. These controls also include the procedures for submitting an application for issuing the license, and they also include the obligations and responsibilities of the licensee, cases of cancellation of the license, and punishments for violating the provisions of these controls.

Article 1
Definitions

The following words and phrases—wherever they appear in these controls—have the meanings assigned to each of them, unless the context requires otherwise:

Authority:
The Zakat, Tax, and Customs Authority.

Board:
The board of directors of the authority.

Governor:
The governor of the authority.

Controls:
The Controls for Licensing the Customs Consultancy Profession.

Profession:
The profession of customs consultancy and the services relating to it.

License:
A document issued by the authority granting the licensee the authority to practice the profession.

Licensee:
A natural person licensed by the authority to practice the profession.

Register:
The register of persons licensed to practice the profession.

Article 2
Scope of Application

A licensee and whoever applies for a license to practice the profession of providing customs consultancy in the Kingdom, including providing consultancy relating to tariffs, customs value, rules of origin, and any advice relating to customs procedures, are subject to the provisions of these controls.

Article 3
Registration of the Licensee

The authority shall prepare a register for registered licensees to practice the profession, which must contain the following data:

1․ The name of the licensee and his identity number; the date, number, and expiry date of the license to practice the profession; and the data of previous licenses, if any.

2․ The name of the office or company in which the profession is practiced.

3․ Any other data related to the license that the authority deems important.

Article 4
License

1․ It is prohibited to practise the profession except after obtaining a license from the authority in accordance with the provisions of these controls.

2․ As an exception to paragraph 1 of this article, licenses existing before the issuance of these controls are valid, and must be renewed in accordance with the provisions of these controls.

Article 5
Licensing Requirements

The following conditions must be met to license the practice of the profession:

1․ That the applicant is a Saudi national.

2․ That he is available full-time to work in the profession.

3․ That he holds at least a bachelor’s degree from a recognised university or college in the Kingdom or any other degree from outside the Kingdom equated by the Ministry of Education.

4․ That he has relevant experience or relating to the nature of work for a period not less than three years after obtaining the bachelor’s qualification.

5․ That he passes the professional test specified by the authority.

6․ That he is of good conduct and behaviour and has not been convicted of a crime against honour and trust unless he has been rehabilitated.

7․ That a final decision in a customs smuggling crime or a tax evasion punishment, a disciplinary decision to dismiss from government service, or a final decision to cancel the customs clearance license has not been issued against him, unless three years have passed since the issuance of the decision.

Article 6
Application Procedures

1․ The license application must be submitted through channels approved by the authority.

2․ The application must include all supporting data and documents as specified by the authority.

3․ The license application must be cancelled after 30 days, in the event that the applicant does not meet all the necessary requirements.

4․ The authority shall review the license application and issue its decision in this regard within 30 days from the date of submitting the application.

5․ A licensee must be granted, after his registration in the register, a license to practise the profession, valid for a period of three years starting from the date of its issuance. The authority may renew it for a similar period on the basis of an application from the licensee.

6․ A licensee shall apply for renewal of the license 60 days before the expiry of its term.

Article 7
Obligations of the Licensee

A licensee shall comply with the following:

1․ Informing the authority of its headquarters, and notifying it in the event of its change within a period not exceeding 14 days.

2․ Complying with the systems and instructions issued by the authority or the relevant entities.

3․ Notifying the authority within five days in the event that the licensee incorporates a professional company or has shares in it, starting from the day following the date of its incorporation or having shares in it.

4․ Keeping copies of contracts and agreements signed with customers and any documents relating to them for a period of not less than five years. The authority may request any information or data that enables it to monitor the quality of the professional performance of the licensee.

5․ The licensee shall attend any training courses or programs specified by the authority.

6․ The licensee shall maintain the privacy and confidentiality of customer information and data, and shall not disclose any information relating to them. This continues after the end of the contractual relationship.

7․ If the licensee temporarily or permanently ceases or suspends practising the profession for any reason, he shall inform the authority of this within 30 days from the date of his cessation or suspension. The authority shall suspend the license until he submits an application to resume practising the profession, provided that the suspension period does not exceed 365 days or the expiry of the license—whichever is earlier—otherwise, the license is deemed cancelled.

Article 8
Liability of the Licensee

A licensee is liable for compensating others for damages arising from errors resulting from practising the profession.

Article 9
Cancellation of the License

The license must be cancelled in the following cases:

1․ At the request of the licensee.

2․ The expiry of the license period without applying for renewal.

3․ Ceasing to practice the profession for a period of one year.

4․ Death of the licensee.

5․ The issuance of a final judgment against the licensee by the competent court to impose a punishment restricting freedom as a result of his conviction in a crime against honour and trust, a final judgment in a customs smuggling or tax evasion crime, or a final decision to cancel the customs clearance license.

Article 10
Punishments

1․ Without prejudice to any punishment more severe stipulated in other laws, the licensee must be punished in the event of violation of the provisions of these controls with one of the following punishments:

(a) Warning.

(b) Suspending the license for a temporary period determined by the authority, provided that it does not exceed 60 days.

(c) Deleting the license.

2․ The authority may—at its discretion—summon the licensee to hear his statements before imposing the punishments mentioned in paragraph 1 of this article.

A person against whom a punishment decision is issued may file a grievance against it with the competent judicial entity.

Article 11
Reinstatement of the License

A licensee whose license is deleted may reapply for the license after three years from the issuance of the deletion decision. The requirements described in these controls must be followed when requesting the reinstatement of the license.

Article 12
Entry into Force

These controls must be issued by a decision of the board, and come into force from the date of their publication in the official gazette.


Published in Umm Al-Qura 5082 issued on 18 April 2025.

Categories
Ministerial Decision

Ministry of Commerce: Decision 273 Approving the Executive Regulation of the Measurement and Calibration Law

Arabic

The Minister of Commerce,

The Chairman of the Board of Directors of the Saudi Standards, Metrology, and Quality Organization,

based on the powers he holds, after perusal of the system of the authority issued by Council of Ministers Decision 216 dated 17 Jumada Al-Thani 1431 [31 May 2010],

after perusal of Royal Decree D/79 dated 6 Rabi Al-Awwal 1446 [9 September 2024], containing the approval of Council of Ministers Decision 202 dated 30 Safar 1446 [3 September 2024], stipulating in clause First the approval of the Measurement and Calibration Law,

based on the provisions of article 16 of the mentioned law that stipulates that the board of directors of the authority shall issue the regulation and technical documents within 90 days from the date of publication of the law in the official gazette, and comes into force from the date of its entry into force.

and based on the Board of Directors of the Saudi Standards, Metrology, and Quality Organization Decision 05/205/2025 at its Meeting 205 dated 9 January 2025 regarding the approval of the executive regulation of the law,

hereby decides

First

The Executive Regulation of the Measurement and Calibration Law is hereby approved in accordance with the form attached to this decision.

Second

The provisions of the technical documents and the costs regulation for measurement and calibration services approved by the board remain in force until they are amended or repealed.

Third

This decision must be published in the official gazette and comes into force from the date of its publication.

Fourth

This decision must be communicated to those concerned for implementation.

May Allah provide success.

Minister of Commerce
Chairman of the Board of Directors of the Organization
Dr Majid bin Abdullah Al-Qasabi

Issued on: 12 Ramadan 1446
Corresponding to: 12 March 2025

Published in Umm Al-Qura 5078 issued on 29 March 2025.

Categories
Laws and Regulations

The Executive Regulation of the Measurement and Calibration Law

Arabic Auto Translate

Issued by …


Published in Umm Al-Qura 5078 issued on 29 March 2025.

Categories
Royal Decree

Royal Decree D/204 Amending the Law for the Application of the Saudi Building Code

Arabic

With the help of Allah the Almighty,

We, Salman bin Abdulaziz Al-Saud,

the King of the Kingdom of Saudi Arabia,

based on article 70 of the Basic Law of Governance issued by Royal Order O/90 dated 27 Sha’ban 1412 [1 March 1992],

based on article 20 of the Law of the Council of Ministers issued by Royal Order O/13 dated 3 Rabi Al-Awwal 1414 [20 August 1993],

based on article 18 of the Law of the Shura Council issued by Royal Order O/91 dated 27 Sha’ban 1412 [1 March 1992],

after perusal of the Shura Council Decision 70/7 dated 26 Rabi Al-Thani 1446 [29 October 2024],

and after perusal of Council of Ministers Decision 656 dated 4 Ramadan 1446 [4 March 2025],

have decreed as follows

First

The Saudi Building Code Implementation Law issued by Royal Decree D/43 dated 26 Rabi Al-Thani 1438 [24 January 2017] is hereby amended as follows:

1․ The definition of “National Committee” provided in article 1 is amended to read as follows:

Center: The Saudi Building Code Center.

2․ The phrase “the national committee shall prepare” is amended to become “the center shall prepare” and the phrase “the Minister of Commerce, Chairman of the Board of Directors of the Saudi Standards, Metrology, and Quality Organization” is amended to become “the Minister of Municipalities and Housing” in article 15.

Second

The Prime Minister, the ministers, and the heads of independent concerned authorities—each within their area of competence—shall implement this decree of Ours.

Salman bin Abdulaziz Al-Saud

Issued on: 12 Ramadan 1446
Corresponding to: 12 March 2025

Published in Umm Al-Qura 5077 issued on 28 March 2025.

Categories
Council of Ministers Decision

Council of Ministers: Decision 682 Governing the Publication of Laws in the Official Gazette

Arabic

The Council of Ministers,

after perusal in its session held under the chairmanship of the Custodian of the Two Holy Mosques, King Salman bin Abdulaziz Al-Saud,  of Royal Court File 47144 dated 30 Jumada Al-Thani 1446 [1 January 2025],  which includes Dr Essam bin Saad bin Saeed,  Minister of State and Member of the Council of Ministers for Shura Council Affairs,  Telegram 1661 dated 4 Safar 1446 [8 August 2024] regarding reconsidering the method followed in the official gazette for publishing laws,

after perusal of the Basic Law of Governance issued by Royal Order O/90 dated 27 Sha’ban 1412 [1 March 1992],

after perusal of the Law of the Council of Ministers issued by Royal Order O/13 dated 3 Rabi Al-Awwal 1414 [20 August 1993],

after perusal of Council of Ministers Decision 16 dated 17 Muharram 1425 [8 March 2004],

after perusal of Bureau of Experts at the Council of Ministers Memorandum 2144 dated 16 Jumada Al-Thani 1446 [17 December 2024],

and after perusal of General Committee of the Council of Ministers Recommendation 7808 dated 29 Rajab 1446 [29 January 2025],

hereby decides

The provisions of Council of Ministers Decision 16 dated 17 Muharram 1425 [8 March 2004] are hereby confirmed, taking into account the following:

1․ The publication of the laws in the official gazette in any manner in which the gazette is issued—whether published in paper or electronically—produces its legal effects in regard to the calculation of the period of entry into force of the law.

2․ The original position for publishing laws, regulations, and their equivalent that are legally required to be published in the official gazette is to publish them on the fixed periodic publication dates of the official gazette.

3․ In the event of urgency in publishing a law, regulation, or any matter legally required to be published in the official gazette, this must be published in a special electronic issue of the official gazette, taking into consideration the following:

(a) ‏ The issue must have a serial number within the sequence of numbers of issues of the official gazette.

(b) Matters published in a special electronic issue must not be republished in any subsequent issue of the official gazette.

Salman bin Abdulaziz Al-Saud

Issued on: 11 Ramadan 1446
Corresponding to: 11 March 2025

Published in Umm Al-Qura 5076 issued on 21 March 2025.

Categories
Ministerial Decision

Ministry of Energy: Decision 3663 Approving the Controls for Policing Violations of the Provisions of the Law of Dry Gas and Liquid Petroleum Gas Distribution for Residential and Commercial Purposes

Arabic

The Minister of Energy,

based on the powers entrusted to him by law,

after perusal of article 17(5) of the Law of Dry Gas and Liquefied Petroleum Gas Distribution for Residential and Commercial Purposes issued by Royal Decree D/126 dated 1 Dhu Al-Hijja 1438 [23 August 2017], amended by Royal Decree D/112 dated 9 Dhu Al-Qa’dah 1443 [8 June 2022], stipulating that “the minister shall issue the controls for policing, proving, and investigating violations of the provisions of this law”,

and in pursuance of public interest,

hereby decides

First

The Controls for Policing, Proving, and Investigating Violations of the Provisions of the Law of Dry Gas and Liquefied Petroleum Gas Distribution for Residential and Commercial Purposes is hereby approved in the form attached.

Second

The controls must be published on the website of the ministry.

Third

This decision must be communicated to those who are required to implement it and act on it, in accordance with the provisions of the relevant orders, laws, regulations, instructions, policies, and procedures, and any further developments related to them.

May Allah provide success.

Minister of Energy
Abdulaziz bin Salman bin Abdulaziz

Issued on: 10 Ramadan 1446
Corresponding to: 10 March 2025

Published in Umm Al-Qura 5081 issued on 11 April 2025.

Categories
Laws and Regulations

The Controls for Policing Violations of the Provisions of the Law of Dry Gas and Liquid Petroleum Gas Distribution for Residential and Commercial Purposes

Arabic

Issued by Ministry of Energy Decision 3663.

Categories
Ministerial Decision

Ministry of Commerce: Decision 272 Amending the Executive Regulation of the Law of Chambers of Commerce

Arabic

The Minister of Commerce,

based on the powers entrusted to him by law,

and after perusal of the Law of Chambers of Commerce issued by Royal Decree D/37 dated 22 Rabi Al-Thani 1442 and its executive regulation issued by Ministerial Decision 00010 dated 11 Muharram 1443 [19 August 2021],

hereby decides

First

Article 44 of the Executive Regulation of the Law of Chambers of Commerce is hereby amended to read as follows:

1․ ‏ The federation of chambers shall prepare the standards for evaluating the performance of the chambers to be approved by the ministry.

2․ ‏ The performance of the chamber must be evaluated by an advisory entity, in accordance with the following:

(a) The federation of chambers shall approve an advisory entity and circulate it to the chambers.

(b) ‏ The advisory entity shall submit the evaluation report on the performance of the chamber to the federation of chambers within a period not exceeding three months from the end of the Gregorian year.

(c) ‏ It is not permitted for the performance of the chamber to be evaluated by a single advisory entity for more than three consecutive years.

3‏. The chamber shall publish the approved evaluation results on the websites of the chamber and federation of chambers.

4 ‏. The minimum results for evaluating the performance of the chamber must be in accordance with article 39(4) of the law and obtaining 60% of the total evaluation score.

Second

The advisory entity shall submit the evaluation report on the performance of the chamber for the year 2024 to the federation of chambers within a period not exceeding 180 days from the date of publication of this decision.

Third

This amendment must be published in the official gazette, and comes into force on the date of its publication.

Minister of Commerce
Dr Majid bin Abdullah Al-Qasabi

Issued on: 10 Ramadan 1446
Corresponding to: 10 March 2025

Published in Umm Al-Qura 5077 issued on 28 March 2025.

image_pdf