Law of the Saudi Council of Engineers

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1 Law of the Saudi Council of Engineers Royal Decree No. M/36, dated 26/09/1423H for Issuing the Law With the help of Almighty Allah, We, Fahd Bin Abdul Aziz Al Saud, King of K.S.A., According to the article "seventy" of the Basic Governance Law, issued by the Royal Decree No. A/90, dated 27/08/1412H; and according to the article "twenty" of the Law of the Cabinet Law, issued by the Royal Decree No. A/13, dated 03/03/1414H; and according to the articles "seventeenth and eighteenth" of the Law of the Shura Council, issued by the Royal Decree No. A/91, dated 27/8/1412H; and having viewed the decision of the Shura Council No. (48/46), dated 19/10/1421H; and having viewed the Cabinet Decree No. (226), dated 13/09/1423H, Decree the following: First: Approving the Law of the Saudi Council of Engineers according to the enclosed draft. Second: His Royal Highness the Deputy Prime Minister and Ministers, each within his competence, shall implement this decree thereof. Royal Signature Decree of the Council of Ministers No. (226), dated 13/09/1423H for the approval of the above mentioned law. The Council of Ministers, Having viewed the transaction incoming from the Divan of Cabinet Presidency No. 7/25225/ R, dated 13/12/1421; including the letter of his Excellency the Minister of Commerce No.

2 2136/11, dated 09/10/1421 attached with the drafting of the Law of the Saudi Council of Engineers, and having viewed the records No. (398), dated 18/09/1422, and No. (210), dated 28/5/1423; prepared at the Bureau of Experts at the Council of Ministers; and having considered the decision of the Shura Council No. (48/46), dated 19/10/1421; and having viewed the recommendations of the General Committee of the Cabinet No. (431), dated 22/8/1423H, decree the following: 1. Approving the Law of the Saudi Council of Engineers with the enclosed drafting. 2. A Draft Royal Decree has been prepared thereof; its form is enclosed hereof. Prime Minister Law of the Saudi Council of Engineers First Article The Saudi Council of Engineers is a scientific, professional Authority with a legal personality and an independent financial liability, working under the supervision of the Ministry of Commerce, its headquarters is in Riyadh. It can establish its branches within the Kingdom, and it is referred to as the Authority in the articles of this Law. Second article The Council aims at developing the engineering profession and all what is related to updating and raising the level of this profession and those working therein, and it is, in particular, focusing on the following: 1. Setting the basics and measures of practicing the profession and developing that including the licensing terms. 2. Setting the necessary rules and exams for obtaining the professional degrees.

3 3. Preparing the studies, researches, and statistics related to the sections and branches of engineering; publishing that and issuing professional and scientific journals. 4. Organizing courses and holding profession- related conferences, forums, and exhibitions, and participating in such activities. 5. Providing appropriate suggestions for the profession-related decisions and instructions 6. Presenting the technical consultation within the scope of its competence, and according to the controls approved by the Council's Board of Directors. Third Article: The Council's membership is made up of: A. Basic membership: it includes all the Saudis holding a university degree in engineering specialties or its equivalent. B. Affiliate membership including: 1. All the non-saudi engineers holding a university degree or its equivalent in one of the engineering sections and who are working in the engineering profession in the Kingdom. 2. Whoever submits a membership request in terms of the technicians, students and those interested in the engineering sciences 3. The professional, engineering offices and companies licensed to practice the engineering profession in the Kingdom. C. Honorary membership: it is granted by the Board of Directors of the Council for whoever presents distinctive contributions serving the Council, and the honorary member is exempted from the subscription fees. Fourth Article: The Council is to have a general assembly made up of the principal members who have paid their annual subscriptions. The general assembly is to hold its ordinary meetings once every year; it is to hold its exceptional meetings in line with the executive regulations. The invitation of the general assembly meetings is to be sent at least twenty days from its convention date, and the invitation is to determine the place of the meeting and its time. The meeting is considered valid whatever the attendance number is reached. Further, the decisions of the

4 general assembly are passed by the majority of the attendance's votes, and if the votes are equal, the chairman will have the casting vote. Fifth Article: The general Assembly would have the following tasks: 1. Making the internal organization of the Council. 2. Approving the executive regulations of the Council's Law 3. Approving the members' subscriptions. 4. Approving the Council 's final accounting statement, and appointing auditor for its accounting and determining his remuneration hereof. With the exception that the Board of Directors is to appoint the accounting auditor for the first term and determine his remuneration hereof. 5. Approving the work plan which the Council's Board of directors presents, and accrediting the annual report on the activity hereof. 6. Electing the representatives of the general assembly at the board of directors. Sixth Article: The management of the Council is run by a board of directors made up of: 1. The Minister of Commerce is the chairman, and he has the right to deputize any of the Board of Directors members thereof. 2. The Deputy of the Ministry of Commerce and Industry as a member. 3. The Deputy of the Ministry of Municipal and Rural Affairs, or whoever is named by the Minister of Municipal and Rural Affairs, on the condition that he is from the fourteenth-rank. 4. The Deputy of the Ministry of Industry and Electricity, or whoever is named by the Minister of Industry and Electricity; on the condition that he is from the fourteenth-rank. 5. Three Saudi members of the academic staff of universities from the relevant colleges; the degree of each of them is not less than an associate professor. They are named by the Minister of Higher Education. 6. A representative from the Commercial-Industrial Chambers Council named by the

5 Minister of Commerce and Industry upon nomination of the Council of Chambers. 7. Six of the principal members of the Council are named by the Council of the general assembly for three years, renewable for one time, with the exception that the representative of the general assembly of the first board of directors are appointed by a decision of the Minister of Commerce and Industry. The Board of Directors is re-formed every three years, and the Board of directors is to convene once every ninety days, or when at least four members of the board of directors demand that in writing or the head of the Board requests that. The meetings are held with the attendance of the majority of members, including the chairman or his deputy. The decisions are made up by the majority of the attendance's votes; and if the votes are equal, then the chairman will have the casting vote. The Secretary General of the Social Authority is to attend the meeting without having the right to vote. Seventh Article: The Board of Directors assumes the necessary authorities to run the Council's affairs and achieve the goals thereof, provided in the second article of this Law. It has, in particular, the following tasks: 1. Inviting the general assembly for convention. 2. Suggesting the internal organization of the Council 3. Suggesting the executive regulations of the Council`s Law. 4. Suggesting the value of the members' subscription fee. 5. Preparing the Council's final accounting statement. 6. Preparing the annual report on the Council's activity, and suggesting the work plan thereof. 7. Approving the annual budget of the Council. 8. Forming the technical and scientific committees and the engineering sections, and setting the rules of practicing the tasks thereof. 9. Appointing the Secretary General of the Council and his Deputy hereof. 10. Accepting grants and donations. 11. Approving the policy of investing the Council's funds.

6 Eighth Article: The Council's financial resources are made up of: 1. Members' subscription fees. 2. Grants and donations. 3. The incomes of what the Council provides in terms of services. 4. Revenue of the investment of the Council`s Funds. Ninth Article: This Law is to be published in the official Gazette, and it takes effect after sixty days of the date of publication hereof, whatever rules that may conflict with it, would be abolished. Ministerial Decree No. (1), dated 01/01/1424, for forming the Board of Directors of the Saudi Council of Engineers The Minister of Commerce, Upon the authorities assigned to him, Having viewed the Law of the Saudi Council of Engineers, issued by the Royal Decree No. (36), dated 26/09/1424, and in line with the sixth article on forming the board of directors of the Saudi Council of Engineers in the first round hereof; and according to the telegram of his Excellency the Minister of Commerce and Industry No. (1265), dated 25/11/1423, and the letter of his Excellency the Minister of Municipal and Rural Affairs No. (54620) dated 24/10/1423, and the letter of the Minister of Industry and Electricity No. (731) dated 21/10/1423, and the letter of his Excellency the Minister of Higher Education No. (26/22/26547) dated 09/11/1423, and the letter of the Chairman of the Saudi Industrial- Commercial Chambers Council No. (335) dated 11/11/1423 which includes naming the representatives of the said authorities for the membership of the board of directors of the Saudi Council for Engineers in line with the sixth article of the Law hereof; and according to what the item (7) provides of the sixth article of the Law of the Saudi Council of Engineers in

7 terms of naming representatives of the general assembly of the first board of directors upon the decision of the Minister of Commerce and industry, Decree the following: Article (1) The Board of Directors of the Saudi Council of Engineers is formed in its first round hereof under my presidency and the membership of: 1. Dr/ Fawaz bin Abdul-Sttar Al-A'lami; a representative of the Ministry for Commerce and Industry 2. Eng./ Abdullah ibn Salah Al-Jibreen, a representative for the Ministry of Municipal and Rural Affairs 3. Mr/ Mohammed ibn Ameen Sandi, a representative of the Ministry of Industry and Commerce 4. Prof./ Waleed ibn Hussein Abu Al-Farag; a representative of King Abdul-Aziz University. 5. Prof./ Abdul-Aziz ibn Sulaiman Al-Tarbak, a representative of King Saud university 6. Prof./ Habib ibn Ibrahim Abu Al-Hamayl; a representative of King Fahd University of Petroleum and Minerals. 7. Eng./ Ali Osman Al-Zaid; a representative of the Saudi Commercial-Industrial Chambers Council. 8. Dr./ Adel ibn Ahmed Bushnak, a representative of the principal members of the Council. 9. Eng./ Abdul-Aziz ibn Abdullah Kamil, a representative of the principal members of the Council. 10. Dr./ Abdullah ibn Ghanim Al Ghanim, a representative of the principal members of the Council. 11. Dr./Majid ibn Abduallh Al-Qasabi,a representative of the principal members of the Council. 12. Eng./ Abdul-Aziz ibn Abdullah Al-Sukair, a representative of the principal members of the Council.

8 13. Eng./ Abdullah ibn Mohammad El-Sadat, a representative of the principal members of the Council. Article (2): The first session of the Council's Board of Directors, due to last for three years, is to start on 10th Moharram, 1424 H. Article (3): This decree is to be notified to the concerned parties for implementation thereof. May Allah guide us all, Minister of Commerce and Industry Chairman of the Board of Directors of the Saudi Council of Engineers. Royal Decree No. 60, dated 28/12/1425; for modifying the sixth article of the Law With the help of Almighty Allah, We, Fahd Bin Abdul Aziz Al Saud, King of K. S. A. According to the article seventy of the Basic Governance Law, issued by the Royal Order No. 90, dated 27/08/1412; and according to the article twenty of the Cabinet Law, issued by the Royal Order No. 13, dated 03/03/1414;and according to the article eighteen of the Law of the Shura Council, issued by the Royal Decree 91, dated 27/08/1412,

9 And having viewed the decision of the Shura Council No. (24/17), dated 03/05/1425; and having viewed the decree of the Cabinet No. (305), dated 27/12/1425; Decree the following: First: Approving the amending of the sixth article of the Law of the Saudi Council of Engineers, issued by the Royal Decree No. 36, dated 26/09/1423; to become as the following: "Sixth Article" 1. The Council's board of directors is made up of ten of the principal members, named by the general assembly; and the executive regulation determines the necessary procedures thereof, and the eligibility standards of the candidates. Further, the elected board of directors is tasked with naming the Council 's chairman and his Deputy from the members hereof through the secret balloting. 2. The term of the membership is to last for three years, to be renewed for once. 3. The board of directors is to hold a session at least every three months, it is also to be held upon the request of the chairman of the board or four members hereof. 4. The meetings are held with the majority of members attending; among them are the chairman or his deputy hereof. 5. The council's decisions are issued by the majority of the attendance's votes; and if the votes are equal, the chairman will have the casting vote. 6. The Secretary General is to attend the meeting without having the right to vote. Second: His Excellency the Deputy of the Premier and Ministers, each within his competence thereof, is to implement this decree.

10 Decree of the Cabinet No. 305, dated 27/12/1425, approving the amending of the sixth article of the Law The Council of Ministers, Having viewed the transaction incoming from the Divan of the Premiership No. 7/B/29555, dated 09/06/1425, including the letter of his Excellency President of King Abdul-Aziz City for Science and Technology No /m/10, dated 22/11/1423; and the telegram of his Excellency the Minister of Commerce and Industry No. 1379/m, dated 22-23/12/1423 about amending the sixth article of the Law of the Saudi Council of Engineers, Having viewed the Law if the Saudi Council of Engineers, issued by the Royal Decree No. (m/36), dated 26/09/1423, and having viewed the minutes No. (222), dated 26/06/1424, and No. (399) dated 13/11/1425, prepared by the Bureau of Experts at the Council of Ministers, And having viewed the decision of the Shura Council No. (24/17), dated 03/05/1425, And having viewed the recommendation the general committee of the Cabinet No. (652), dated 29/11/1425, Decree the following, Approving the amending of the sixth article of the Law of the Saudi Council of Engineers, issued by the Royal Decree No. 36, dated 26/09/1423; to become as the following: "Sixth Article" 1. The Council's board of directors is made up of ten of the principal members, named by the general assembly; and the executive regulation determines the necessary procedures thereof, and the eligibility standards of the candidates. Further, the elected board of directors is tasked with naming the Council's chairman and his deputy hereof from the members, through the secret balloting. 2. The term of the membership is to last for three years, to be renewed for once.

11 3. The board of directors is to hold a session at least every three months, it is also to be held upon the request of chairman or four members hereof. 4. The meetings are held with the majority of members attending; among them is the chairman or his deputy hereof. 5. The board of directors` decisions are issued by the majority of the attendance votes; and if the votes are equal, then the chairman will have the casting vote. 6. The Secretary General will attend the meeting without having the right to vote. A Draft Royal Decree has been prepared; its form is enclosed herewith. Prime Minister Decree No , dated 04/12/1426 H The Minister of Commerce and Industry, within the authorities assigned to him, Having viewed the Law of the MCI competences issued by the Cabinet's decree No. (66), dated 06/04/1374, having reviewed the Law of the Saudi Council of Engineers, issued by the Royal Decree No. 36, dated 26/09/1423, and the Ministerial Decree No. 264, dated 16/09/1402 regulating the practicing of engineering consultations profession; and the Ministerial Decree No. 802, dated 06/07/1414 related to regulating the land survey offices and the complementary and amended decrees, And having viewed the decree of the board of directors of the Saudi Council of Engineers No. 1/6/1/26, dated 28/01/1426; approving the licensing rules of offices and companies with the enclosed form, and according to the requirements of the public interest Decrees the following: First: Approving the applying of the licensing rules of the engineering offices and companies

12 with the enclosed draft, accredited by the board of directors of the Saudi Council of Engineers by the above mentioned decree. And coordination is to take place between the Ministry's Agency for Internal Commerce and the Saudi Council of Engineers; to determine the appropriate mechanisms to implement that. Second: Withholding the Ministerial Decree No. 264, dated 16/09/1426, regulating the practice of the engineering consultations profession; and the Ministerial Decree No. 802, dated 06/07/1414, related to regulating the land survey offices and the complementary and amended decisions thereof, to end the purpose thereof. Third: this decrees is to be notified to whoever is committed to implement it; and it will be enforced as from the date of its issuance hereof Hashim bin Abdullah Yamani Licensing Rules of Engineering Offices and Companies Licensing Rules of Engineering Offices and Companies: Article 1 The following words and phrases will have the meanings shown before them hereof, unless it is stated otherwise: Council of Directors Board General Secretary Saudi Council for Engineers The. of Directors of the Saudi Council for Engineers Board Secretary of the Saudi Council for Engineers General

13 Code Ethics Engineer's registration professional membership Licensing Engineering Specialties Principal Engineering Specialties Branch Services Office Supportive of An engineer Office of A consulting engineer Office of Engineering Consultations Office set of rules regulating the ethics of the engineering A Kingdom profession practice in the document granted by the Council for individuals to A profession practice the engineering document issued by the Council for the principal. A members Affiliated and honorary granted for practicing the engineering License companies profession at offices and academic engineering specialties Principal engineering specialties branching of the Academic specialties engineering licensed office providing the supportive engineering A of the owner's office services on the specialty licensed engineering office practicing the A of the owner's engineering services on the specialty office licensed consulting office practicing the engineering of the owner's office services on the specialty licensed consulting office practicing the engineering specialty services on more than a A A Article 2 Conditions of Licensing: 1. It is banned for any individual, or office, or company practicing the engineering services in all types hereof only after obtaining the necessary license in line with these rules. 2. It is banned to carry out the engineering projects and work only by virtue of lay-outs and designs issued by those licensed of practicing the profession in line with these rules.

14 3. The owner of the office or the professional partners shall obtain a certificate on one of the engineering branches. 4. The owner of the office or one of the professional partners shall work full-time in the office and not have another job. 5. The owner of the office and the professional partners shall have an excellent track record and not be handed down verdicts on honor-based charges, unless they are cleared. 6. The owner of the office or the professional partners shall not practice any other activity professionally conflicting with the licensing granted hereto. 7. All the engineers and the technicians working at the office or the company shall be professionally recorded at the Council and signed the engineer's Ethics Code. They shall work full-time at the office. It is allowed to resort to the university professors and others in a manner that does not conflict with the engineer's Ethics Code 8. Before embarking on the profession, the licensing-seeker takes pledge to perform the work hereof with the utmost honesty, integrity, and conscientiousness; and not to disclose the secrets of the profession. 9. Licensing-seeker takes pledge to provide the technical equipment and devices in line with the work size, the nature hereof, and the requirements hereof. 10. Licensing for the consulting engineering offices and companies shall take place by the name of the owner hereof or the owners hereof; and it is allowed that the name is derived from the profession involvements, on the condition that the name of the owner or the owners of the office be associated therewith. 11. Whoever has a licensing shall highlight the name of the office, the licensing number hereof, the specialty field on all the papers, printed materials, drawings, and contracts issued on the engineering work agenda. 12. All the lay-outs, drawings, designs, models, and reports issued by the office of the owner's licensing shall be signed by engineers registered in the Council each within the specialty field hereof. And the owner of the licensing shall approve this signature and bear the responsibility thereof before the employer, in line with the licensing granted. 13. It is not allowed for the owner of the licensing to have direct or indirect interest in the trade or constructions work related to the engineering work, or any work professionally conflicting with the engineering services which they provide. 14. Each licensing owner shall be committed to respecting the laws applied, and the decisions issued by the concerned bodies about the engineering work which they perform. And they

15 shall report the concerned bodies when detecting any irregularity in terms of implementing the work they supervise. 15. The licensing shall cover all the Kingdom's territories; and it is conditioned to start a branch that a full-time Saudi engineer should be available, with not less than three years documented experience to run the branch. The branch shall be treated in the way the main office is treated in terms of rights and obligations. 16. Without prejudice to the applied laws, the licensing shall be rescinded in the following cases: Ending of the licensing term, and not renewing it within sixty days The licensing owner submits a licensing rescinding request. If the owner of the office or the partners loses one of the terms which grant hereof the right to take out the licensing; and it is not solved within sixty days of the occurrence hereof. If the company loses one of the terms of its establishment hereof; and it is not tackled within sixty days of the occurrence. Death or disability of the licensing owner, unless the appropriate alternative is provided. Article 3 Competences The Council shall be liable for the following competences and duties: 1. Receive, study and evaluate the license applications. The Council shall also have the right to renew and amend such licenses in accordance with such rules. 2. Edit and renew the required licenses in accordance with such rules, then the Council shall submit such licenses along with the original documents to the Free Occupations Department at the Ministry of Commerce and Industry for ratification and registration. 3. Establish integrated databases for the consulting engineering companies and offices with the aim of unification of the classification and qualification methods, development of the professional performance of the engineering services sector and creation of a suitable environment for cooperation between these offices and companies. 4. Prepare all the required forms and specify the procedures and documents needed to implement such rules.

16 Article 4 License Classes Granting the license to practice the occupation shall be issued in accordance with the following categories: 1. Assistant Services Office: Providing assistance engineering services in the field of specialty of the office's owner. 2. Engineer Office: Providing engineering services in the field of specialty of the office's owner. 3. Consultant Engineer Office: Providing consulting engineering services in the field of specialty of the office's owner. 4. Engineering Consultations Office: Providing engineering consultations services in many specialties. Article 5 License Conditions 1. The license to open an Assistant Engineering Services Office shall be issued in accordance with the provisions stated herein as well as the following conditions: a. The license applicant must be of a Saudi nationality. b. The applicant must be holding a diploma from a recognized institute or any other equivalent degree in one of the sub-engineering specialties. c. The applicant must have certified practical experience for a period of not less than five years. 2. The license to open an Engineer Office shall be issued in accordance with the provisions stated herein as well as the following conditions: a. The license applicant must be of a Saudi nationality.

17 b. The applicant must be holding a Diploma in engineering from a recognized college, or any other equivalent degree in engineering specialties. c. The applicant must have certified practical experience for a period of not less than five years. 3. The license to open an Engineer Office shall be issued in accordance with the provisions stated herein as well as the following conditions: a. The license applicant must be of a Saudi nationality. b. The applicant must be holding a Bachelor's degree in engineering from a recognized faculty or university, or any other equivalent degree from the Ministry of Higher Education. c. The applicant must have certified practical experience for a period of not less than eight years. 4. The license to open an Engineer Consulting Office shall be issued in accordance with the provisions stated herein as well as the following conditions: a. The license applicant must be of a Saudi nationality. b. The applicant must be holding a Bachelor's degree in engineering from a recognized faculty or university, or any other equivalent degree from the Ministry of Higher Education. c. The applicant must have certified practical experience for a period of not less than 8 years. d. The applicant must have a license of a consultant engineer office for a period of not less than 3 years. 5. The license to open an Engineering Consultation Office shall be issued in accordance with the provisions stated herein as well as the following conditions: a. The license applicant must be of a Saudi nationality. b. The applicant must be holding a Bachelor's degree in engineering from a recognized faculty or university, or any other equivalent degree from the Ministry of Higher Education. c. The applicant must have certified practical experience for a period of not less than 15 years. d. The applicant must have a license of a consultant engineer office for a period of not less than 3 years.

18 e. The applicant must hire at least two engineers with different specialties. The hired engineers must have certified practical experience for a period of not less than 12 years. Article 6 License Period The license period shall be 3 years starting from the date of issuance or renewal thereof. The licensee must submit the application of renewal at least 2 months before the end of the license. Article 7 Types of Engineering Companies: 1. Saudi engineering companies. 2. Multi-national engineering companies. 3. Foreign engineering companies. Article 8 License Conditions of the Engineering Companies: The license to establish engineering companies shall be issued in accordance with the Law of Professional Companies in order to practice the occupation in the field stated in the license of the professional partners, in addition to any other conditions put forward by the Board of Directors. Article 9 Concluding Provisions 1. Such rules shall be effective as from the date of their ratification thereof. 2. Such rules shall be applied to all new and renewed license applications.

19 3. When the rules of professional qualification are issued, the condition of experience years set forth in paragraphs (c-1), (c-2), (c-3), and (c-4) in Article (5) shall be equivalent to the appropriate professional grades and levels. 4. When a distinguished and well-experienced applicant submits an application to open a Consultant Engineer Office or Engineering Consultations Office, such experiences shall be reviewed and a recommendations shall be referred to the Board petitioning the exception of the applicant of the provisions of paragraph (c-4) in the license conditions of the Consultant Engineer Office, or the paragraph (d-4) of the license conditions of the Engineering Consultations Office. 5. Such rules shall be reviewed within a period of not more than 5 years from the date of ratification by the Board.

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