Issued on: 5 Rabi Al-Thani 1446
Corresponding to: 9 October 2024
Published in Umm Al-Qura 5052 issued on 18 October 2024.
Category: Council of Ministers Decision
Issued on: 5 Rabi Al-Thani 1446
Corresponding to: 9 October 2024
Published in Umm Al-Qura 5052 issued on 18 October 2024.
The Council of Ministers,
after perusal of Royal Court Transaction 73554 dated 11 Shawwal 1445 [20 April 2024], regarding the committee formed to study the issue of amicable settlement regarding labor issues,
after perusal of Royal Decree D/14 dated 22 Safar 1440 [2 November 2018],
after perusal of Council of Ministers Decision 263 dated 3 Jumada Al-Awwal 1443 [8 December 2021],
after perusal of Bureau of Experts at the Council of Ministers Memorandum 81 dated 4 Muharram 1446 [11 July 2024],
after perusal of the Council of Economic and Development Affairs Minutes 138/46/M dated 26 Muharram 1446 [2 August 2024],
and after perusal of the General Committee of the Council of Ministers Recommendation 2581 dated 13 Rabi Al-Awwal 1446 [17 September 2024],
hereby decides
The operation of paragraph (a) of clause First of Royal Decree D/14 dated 22 Safar 1440 [2 November 2018] is hereby extended for a period of one year starting 20 Safar 1446 [26 August 2024].
The Prime Minister
Issued on: 5 Rabi Al-Thani 1446
Corresponding to: 9 October 2024
Published in Umm Al-Qura 5052 issued on 18 October 2024.
The Council of Ministers,
after perusal of Royal Court Transaction 69983 dated 25 Ramadan 1445 [4 April 2024],
which includes Minister of Commerce and Minister of Industry and Mineral Resources Telegram 3526 dated 28 Muharram 1444 [26 August 2022],
regarding the ministerial minutes taken regarding the transfer of all competences related to supervision,
control and licensing for the manufacture of precious metals and gemstones from the Ministry of Commerce to the Ministry of Industry and Mineral Resources,
after perusal of the Law of Precious Metals and Gemstones,
issued by Royal Decree D/42 dated 10 Rajab 1403 [23 April 1983],
after perusal of the Bureau of Experts at the Council of Ministers Memorandums 1813 dated 15 Jumada Al-Thani 1444 [8 January 2023],
3516 dated 12 Dhu Al-Qa’dah 1444 [1 June 2023],
334 dated 1 Safar 1445 [18 August 2023],
2812 dated 4 Sha’ban 1445 [14 February 2024],
3874 dated 11 Dhu Al-Qa’dah 1445 [19 May 2024],
and 820 dated 6 Rabi Al-Awwal 1446 [10 September 2024],
after perusal of Council of Economic and Development Affairs Recommendation 2-3/45/R dated 29 Safar 1445 [15 September 2023],
after considering Shura Council Decision 256/24 dated 16 Ramadan 1445 [26 March 2024],
and after perusal of the General Committee of the Council of Ministers Recommendation 2381 dated 8 Rabi Al-Awwal 1446 [12 September 2024],
hereby decides
First
The Law of Precious Metals and Gemstones, issued by Royal Decree D/42 dated 10 Rajab 1403 [23 April 1983] is hereby amended, as follows:
1․ Article 1 is amended to read as follows:
1․ The Ministry of Industry and Mineral Resources shall supervise and control the manufacture of precious metals, gemstones, their works, and items plated, coated, and inlaid with them as specified in the regulations.
2․ The Ministry of Commerce shall supervise and control the trade in precious metals, gemstones, their works, and items plated, coated, and inlaid with them, as specified in the regulations.
2․ Article 2 is amended to read as follows:
1․ Taking into account the provisions of other regulations, it is not permitted to practice the manufacture of precious metals and gemstones except after obtaining a license to do so from the Ministry of Industry and Mineral Resources, in accordance with the controls and conditions specified in the regulations.
2․ The regulations must determine the fee for licenses and services provided in accordance with the provisions of this law.
3․ Article 10 is amended to read as follows:
The Ministry of Commerce, in agreement with the Ministry of Industry and Mineral Resources, shall oblige owners of precious metal factories and workshops to use stamp marks to distinguish their works, which must be registered as specified in the regulations.
4․ Article 12 is amended to read as follows:
It is permitted to hold exhibitions of precious metals, gemstones, and other works subject to this law with a license from the Saudi Conventions and Exhibitions General Authority in coordination with the Ministry of Commerce. It is permitted to exempt exhibits from stamping and some other procedures stipulated in this law if the intention is to display them only, as specified in the regulations.
5․ Article 13 is amended to read as follows:
1․ Employees—to be specified by a decision issued by the Minister of Commerce in agreement with the Minister of Industry and Mineral Resources—shall jointly or individually police, investigate, and record violations of the provisions of this law and regulations. The regulations must determine their work mechanisms.
2․ The employees—referred to in paragraph 1 of this article—have the right to enter and inspect factories, workshops, stores, warehouses, and all places where items subject to this law are manufactured or displayed. They may take samples of the materials and items present in them to examine and analyze them if necessary. They shall prepare a report of this incident in which the details of the facility, samples, materials, and items taken from it are recorded, as specified in the regulations.
6․ Article 19 is amended to read as follows:
It is permitted for the judgment or decision issued with the penalty to include—as the case may be—a provision for publishing its text at the expense of the violator in a local newspaper published in his place of residence. If there is no newspaper in his place of residence, then in the area closest to him, or publishing it in any other appropriate means, according to the type of violation committed, its severity, and its impact, provided that the publication is after the judgment has obtained final status or the decision has become immune due to the expiry of the period for filing a complaint against it or the issuance of a final judgment rejecting the complaint.
7․ Article 20 is amended to read as follows:
1․ The competent court shall consider cases arising from the violations referred to in articles 14, 15 and 16 of this law, and impose penalties against violators.
2․ The Public Prosecution shall—in accordance with its law—undertake the investigation of the violations referred to in articles 14, 15 and 16 of this law, and prosecute them before the competent court.
3․ The other violations of the provisions of this law and its regulations, and the imposition of the penalty stipulated in article 17 of this law, must be considered by a committee or more formed by a decision of the Minister of Commerce in agreement with the Minister of Industry and Mineral Resources for a renewable period of three years. It must consist of no less than three members.
The decision to form the committee must specify its chairman, provided that he is a specialist in Sharia or laws. Its decisions must be issued by majority and must be reasoned.
4․ The regulations must determine the rules of work of the committee—referred to in paragraph 3 of this article—its procedures, and its remuneration.
5․ It is permitted to object against decisions of the committee—referred to in paragraph 3 of this article—before the competent court.
8․ Article 21 is amended to read as follows:
The Minister of Commerce, in agreement with the Minister of Industry and Mineral Resources, shall issue the regulations and decisions necessary to implement the provisions of this law.
Second
The amendment to the law—referred to in clause First of this decision—comes into effect after the lapse of one year from the date of its publication.
Third
The Minister of Commerce, in agreement with the Minister of Industry and Mineral Resources, shall issue the regulations and decisions necessary to implement the provisions of the law, before the entry into force of the amendment to the law referred to in clause First of this decision.
Fourth
Anyone who engages in any of the activities related to the precious metals and gemstones industry shall apply to the Ministry of Industry and Mineral Resources to amend his status in accordance with the amendment to the law—referred to in clause First of this decision—within a period not exceeding six months from the date of its entry into force. The Minister of Industry and Mineral Resources may extend it for three months.
A draft royal decree has been prepared in the form attached.
Fifth
The Ministry of Industry and Mineral Resources—jointly with the Ministry of Commerce—shall develop a plan to transfer the competences related to supervision and control of the activity of the precious metals and gemstones industry, and it must include a time frame for the transfer process during the period specified for the entry into force of the amendment to the law referred to in clause First of this decision, and to address any difficulty or problem that may arise during the transfer process.
Sixth
The fee for licenses and services must be determined in accordance with the provisions of article 2(2) of the law referred to in clause First of this decision, in agreement with the Ministry of Finance and the Non-Oil Revenue Development Center, until the issuance and implementation of the Governance of the Practice of Imposing the Fee for Services and Works Provided by Entities That Have the Authority to Impose a Fee.
The Prime Minister
Issued on: 28 Rabi Al-Awwal 1446
Corresponding to: 2 October 2024
Published in Umm Al-Qura 5051 issued on 11 October 2024.
The Council of Ministers,
after perusal Royal Court File 78651 dated 1 Dhu Al-Qa’dah 1445 [9 May 2024], which includes Minister of Human Resources and Social Development Telegram 129827 dated 11 Rajab 1442 [23 February 2021], regarding the draft Regulation for the Visas for Temporary Work and Temporary Work for Hajj and Umrah Services,
after perusal of the aforementioned draft regulation,
after perusal of the Bureau of Experts at the Council of Ministers Minutes 182 dated 24 Rabi Al-Thani 1443 [30 November 2021], 74 dated 24 Safar 1444 [21 September 2022], 329 dated 12 Dhu Al-Qa’dah 1444 [1 June 2023], and Memorandums 1358 dated 15 Sha’ban 1442 [29 March 2021], 2122 dated 16 Ramadan 1443 [18 April 2022], 1381 dated 4 Jumada Al-Awwal 1444 [28 November 2022], 1085 dated 1 Rabi Al-Thani 1445 [16 October 2023], 2313 dated 26 Jumada Al-Thani 1445 [8 January 2024], 2882 dated 9 Sha’ban 1445 [19 February 2024], 4400 dated 29 Dhu Al-Hijja 1445 [6 July 2024], and 793 dated 5 Rabi Al-Awwal 1446 [9 September 2024],
after perusal of the Council of Economic and Development Affairs Recommendation 6-17/45/I dated 25 Rabi Al-Thani 1445 [9 November 2023],
after perusal of Shura Council Decision 153/21 dated 29 Rajab 1444 [20 February 2023], and Decision 278/27 dated 27 Shawwal 1445 [6 May 2024],
and after perusal of the General Committee of the Council of Ministers Recommendation 2700 dated 16 Rabi Al-Awwal 1446 [5 September 2024],
hereby decides
The Regulation for the Visas for Temporary Work and Temporary Work for Hajj and Umrah Services is hereby approved in the form attached.
The Prime Minister
Issued on: 28 Rabi Al-Awwal 1446
Corresponding to: 2 October 2024
Published in Umm Al-Qura 5051 issued on 11 October 2024.
Issued on: 21 Rabi Al-Awwal 1446
Corresponding to: 25 September 2024
Published in Umm Al-Qura 5050 issued on 4 October 2024.
The Council of Ministers,
after perusal of the Royal Court File 74905 dated 16 Shawwal 1445 [25 April 2024], which includes the Minster of Commerce Letter 4277, dated 9 Safar 1443 [17 September 2021], regarding the drafts of the Commercial Register Law and the Trade Names Law,
after perusal of the aforementioned draft of the Commercial Register Law,
after perusal of the aforementioned draft of the Trade Names Law,
after perusal of the Commercial Register Law, issued by Royal Decree D/1 dated 21 Safar 1416 [20 July 1995],
after perusal of the Trade Names Law, issued by Royal Decree D/15 dated 12 Sha’ban 1420 [21 November 1999],
after perusal of the System of the Saudi Center for Economic Affairs, issued by Council of Ministers Decision 456 dated 11 Sha’ban 1440 [17 April 2019],
after perusal of Royal Order 39929 dated 28 Jumada Al-Thani 1443 [1 February 2022],
after perusal of the Bureau of Experts at the Council of Ministers Memorandums 1647 dated 9 Jumada Al-Awwal 1445 [22 November 2023], 2114 dated 12 Jumada Al-Thani 1445 [25 December 2023], 3949 dated 19 Dhu Al-Qa’dah 1445 [27 May 2024], and 775 dated 2 Rabi Al-Awwal 1446 [6 September 2024],
after perusal of the Council of Economic and Development Affairs Recommendation 1-8/45/R dated 15 Jumada Al-Thani 1445 [28 December 2023],
after considering Shura Council Decision 265/25 dated 13 Shawwal 1445 [22 April 2024],
and after perusal of the General Committee of the Council of Ministers Recommendation 2508 dated 13 Rabi Al-Awwal 1446 [17 September 2024],
hereby decides
First
The Commercial Register Law is hereby approved in the form attached.
Second
The Trade Names Law is hereby approved in the form attached.
Third
Those registered in the Commercial Register are granted a grace period of five years starting from the effective date of the law referred to in clause First of this decision, to rectify the status of their sub-commercial registrations. All their sub-registrations must be deleted at the end of such grace period, according to a mechanism determined by the Ministry of Commerce.
Fourth
The provisions of the law—referred to in clause Second of this decision—do not prejudice trade names registered prior to its entry into force, as determined by the Ministry of Commerce.
A draft royal decree has been prepared in the form attached.
Fifth
The financial consideration—mentioned in article 27 of the law referred to in clause First of this decision and in article 21 of the law referred to in clause Second of this decision—must be determined in agreement with the Ministry of Finance and the Non-Oil Revenue Development Center, until the Central Committee for Fees and Financial Considerations formed based on Royal Court Telegram 83347 dated 2 Dhu Al-Hijja 1444 [21 June 2023] begins its work.
Sixth
The Ministry of Commerce shall take into account the provisions of Royal Order 39929 dated 28 Jumada Al-Thani 1443 [1 February 2022], when preparing the executive regulations for the law referred to in clause Second of this decision.
Seventh
The Saudi Center for Economic Business—in coordination with the Ministry of Commerce, the Ministry of Investment, and the Saudi Authority for Intellectual Property—shall consider the appropriateness of establishing a comprehensive and unified economic platform that suits all business sectors in the Kingdom, based on its competence referred to in article 4(2) of its system issued by Council of Ministers Decision 456 dated 11 Sha’ban 1440 [17 April 2019], and submit what is necessary.
The Prime Minister
Issued on: 14 Rabi Al-Awwal 1446
Corresponding to: 18 September 2024
Published in Umm Al-Qura 5050 issued on 4 October 2024.
The Council of Ministers,
after perusal of Royal Court File 1758 dated 8 Muharram 1446 [15 July 2024], regarding the draft Law of Real Estate Transaction,
after perusal of the aforementioned draft law,
after perusal of Royal Order O/84 dated 14 Safar 1442 [2 October 2020],
after perusal of the Income Tax Law issued by Royal Decree D/1 dated 15 Muharram 1425 [26 February 2004],
after perusal of the Value Added Tax Law issued by Royal Decree D/113 dated 2 Dhu Al-Qa’dah 1438 [26 July 2017],
after perusal of the Bureau of Experts at the Council of Ministers Minutes 502 dated 21 Dhu Al-Hijja 1443 [21 July 2022], and Memorandums 194 dated 13 Muharram 1444 [11 August 2022], 355 dated 8 Safar 1444 [5 September 2022], 2262 dated 24 Rajab 1444 [15 February 2023], 1427 dated 25 Rabi Al-Thani 1445 [9 November 2023], 2682 dated 27 Rajab 1445 [7 February 2024], 4186 dated 5 Dhu Al-Hijja 1445 [12 June 2024], and 504 dated 9 Safar 1446 [15 August 2024],
after perusal of Council of Economic and Development Affairs Recommendation 18-10/45/R dated 19 Sha’ban 1445 [29 February 2024],
after perusal of Shura Council decision 460/43 dated 3 Muharram 1446 [10 July 2024],
and after perusal of the General Committee of the Council of Ministers Recommendation 2123 dated 30 Safar 1446 [5 September 2024],
hereby decides
First
The Law of Real Estate Transaction Tax is hereby approved in the form attached.
Second
The competent judicial authority stipulated in article 17 of the law—referred to in clause First of this decision—is the primary and appeal committees that are stipulated in the Income Tax Law, issued by Royal Decree D/1 dated 15 Muharram 1425 [7 March 2004].
Third
The Zakat, Tax and Customs Authority shall apply the provisions stipulated in articles 73, 74, and 75 of the Income Tax Law—issued by Royal Decree D/1 dated 15 Muharram 1425 [7 March 2004]—to the tax dues of the authority in accordance with the provisions of the Law referred to in clause First of this decision.
Fourth
1. The concerned parties who have made any undocumented real estate transaction before the effective date of the real estate transaction tax on 14 Safar 1442 [2 October 2020], are granted a period of one Hijri year from the effective date of the system—referred to in clause First of this decision—to rectify their status and document the real estate transactions they have made in accordance with the relevant regulatory provisions, provided that the date of the real estate transaction is proven before the competent authority. The Minister of Justice and the Chairman of the Board of Directors of the Zakat, Tax and Customs Authority shall agree on the controls for implementing this paragraph, and they shall submit all that requires taking action in this regard.
The period referred to in this paragraph may be extended by a decision by the Council of Ministers based on a proposal from the Chairman of the Board of Directors of the Zakat, Tax and Customs Authority.
2. Any partner in a company who has made a real estate transaction—represented by transferring the property in the name of the company without documenting it—is granted a period of one Hijri year from the effective date of the system referred to in clause First of this decision, to document the transaction and provide the Zakat, Tax and Customs Authority with proof of it. This period may be extended by a decision by the Council of Ministers based on a proposal from the Chairman of the Board of Directors of the Zakat, Tax and Customs Authority. In this case, the real estate transaction is exempt from the real estate transaction tax, provided that the real estate subject to the transaction is registered within the assets of the company before the real estate transaction tax comes into effect, and that the person conducting the transaction submits audited financial statements or an accredited certificate—from a licensed chartered accountant—proving that the real estate is included in the assets of the company before the real estate transaction tax comes into effect and up to the date of the transaction.
Fifth
Without prejudice to the provisions of the law—referred to in clause First of this decision—the following are exempt from real estate transaction tax:
1. Real estate transactions carried out in implementation of lease-to-own contracts and financial leasing contracts, concluded before the effective date of real estate transaction tax on 14 Safar 1442 [2 October 2020].
2. Real estate transactions that were subject to value-added tax before being documented, if the documentation was done after the provisions of the Law of Real Estate Transaction came into effect.
Sixth
Confirming that real estate supplies subject to real estate transaction tax are exempt from value added tax.
A draft royal decree has been prepared in the form attached.
Seventh
The Zakat, Tax and Customs Authority shall, after the lapse of three years from the entry into force of the law—referred to in clause First of this decision—review the mechanism for calculating the real estate transaction tax, and that this must include examining the extent to which it is appropriate to calculate it on the basis of brackets or categories according to the use of the property (residential, commercial, agricultural, etc.) and its location, and submit its findings in this regard.
The Prime Minister
Issued on: 14 Rabi Al-Awwal 1446
Corresponding to: 18 September 2024
Published in Umm Al-Qura 5051 issued on 11 October 2024.
The Council of Ministers,
after perusal of Royal Court File 86739 dated 2 Dhu Al-Hijja 1445 [9 June 2024], which includes Minister of Culture Telegram 6727 dated 22 Dhu Al-Qa’dah 1445 [30 May 2024], regarding naming the year 2025 as “Year of Handicrafts”,
after perusal of Bureau of Experts at the Council of Ministers Memorandum 333 dated 22 Muharram 1446 [29 July 2024],
after perusal of Council of Economic and Development Affairs Recommendation 44-5/46/D dated 4 Safar 1446 [10 August 2024],
and after perusal of the General Committee of the Council of Ministers Recommendation 2189 dated 1 Rabi Al-Awwal 1446 [5 September 2024],
hereby decides
The naming of the Year 2025 as “Year of Handicrafts” is hereby approved.
The Prime Minister
Issued on: 14 Rabi Al-Awwal 1446
Corresponding to: 18 September 2024
Published in Umm Al-Qura 5049 issued on 27 September 2024.
Issued on: 6 Rabi Al-Awwal 1446
Corresponding to: 10 September 2024
Published in Umm Al-Qura 5062 issued on 27 December 2024.