Implementing Regulation of the Law of External Hajj Service Providers

Show Law Preamble
  • The Minister of Hajj and Umrah:

      • Based on the powers granted to him by the Law.
      • And based on what the interest of work requires.
    • Decides, by the grace of God, the following:

      • First: Approval of the Implementing Regulation of the Law of Overseas Hajj Service Providers in the form attached to this decision.
      • Second: This decision cancels the Implementing Regulation issued by Ministerial Decision No. (440521014) dated 21/05/1444 AH and all previous decisions that conflict with it.
      • Third: The Implementing Regulation referred to in item (First) of this decision shall be effective from its date.
      • Fourth: His Excellency the Deputy Minister of Hajj and Umrah shall be provided with a copy of this decision to notify those concerned.
  • Minister of Hajj and Umrah

  • Tawfiq bin Fawzan Al-Rabiah

Article 1: Definitions

  • The words and terms mentioned in the Regulation shall have the meanings specified for them in the Law, and the words not mentioned in the Law shall have the meanings indicated opposite each of them in this Regulation:

      1. The Law: The Law of Overseas Hajj Service Providers issued by Royal Decree No. (M/111) dated 17/09/1440 AH, amended by Royal Decree No. (M/89) dated 12/05/1447 AH.
      1. The Regulation: The Implementing Regulation of the Law of Overseas Hajj Service Providers.
      1. Qualitative and Quantitative Classification: A classification issued by the Ministry for Hajj services and their pricing mechanisms, specifying the conditions and requirements for providing each service and the necessary financial guarantees for that.
      1. Licensing Conditions for Service Providing Companies: The conditions issued by the Ministry to regulate the licensing process for service providing companies pursuant to the Law.
      1. License: A document issued by the Ministry to service providers allowing them to provide Hajj services.
      1. The Platform: The electronic platform or platforms approved by the Ministry for concluding contracts related to Hajj services.
      1. Services: The service or service packages provided by service providing companies to the pilgrims.
      1. Seasonal Approval(s): An approval issued by the Ministry each Hajj season to service providers who have fulfilled the conditions and requirements of the service set forth in the qualitative and quantitative classification for the purpose of allowing the provision of the service in the specified season.
      1. Service Providers: Licensed service providing companies by the Ministry, and the two companies referred to in subparagraphs (B) and (C) of paragraph (6) of Article One of the Law.

Article 2: Competencies of the Ministry

  • For the purpose of achieving the objectives of the Law and in consideration of what is stated in the Law, the Ministry shall be competent for the following:

    • 1- Supervising the pilgrims' hospitality companies.
    • 2- Licensing service provider companies and supervising them.
    • 3- Training and qualifying employees in the service sector for the Guests of the Merciful.
    • 4- Taking all necessary decisions to implement the Law and the Regulation.
    • 5- Evaluating the performance of service providers and measuring satisfaction with the services.
    • 6- Issuing qualitative and quantitative classification of services provided to pilgrims and the instructions regulating the provision of services.
    • 7- Issuing seasonal approvals for service providers.
    • 8- Determining locations in the holy sites for service providers.

Article 3: Pilgrims Hospitality Companies

All members of the boards of directors of Hajj hospitality companies, their executive directors, and all holders of leadership positions therein must be Saudi nationals.

Article 4: Trading of Shares of Hajj Hospitality Companies

Any sale or trading of shares of Hajj hospitality companies carried out in favor of non-Saudis, in any form of action, shall be considered null and void.

Article 5: Disposition of Non-Saudis' Shares

1- Ownership of Hajj Hospitality Companies is restricted to Saudis.

2- In the event that any shares of Hajj Hospitality Companies are transferred to a non-Saudi by way of inheritance, the concerned company must, upon becoming aware of the fact, notify the person to whom the shares have been transferred of the obligation to exit the company, specifying the necessary procedures and mechanisms for that purpose. The person must exit those shares within six (6) months from the date of that notice.

3- The exit shall be in accordance with the provisions of the Companies Law and its regulations.

4- Hajj Hospitality Companies must take the legal procedures if any of the non-Saudi heirs fail to exit after the expiration of the period specified in paragraph (2) of this article.

Article 6: Qualitative and Quantitative Classification

  • First: The Ministry shall establish a qualitative and quantitative classification of services and the conditions and requirements for providing the service, to include the following:

    • 1- Basic standards for the level of service provision.
    • 2- Service descriptions.
    • 3- Contracting mechanisms.
    • 4- Components of service packages.
    • 5- Service pricing mechanism.
    • 6- Service provision guarantees.
    • 7- Instructions and procedures regulating the provision of the service, including the conditions and regulations for seasonal approval.
    • 8- Performance evaluation criteria and satisfaction level measurement standards.
    • 9- Everything the Ministry deems to fall under qualitative and quantitative classification and pricing mechanism.
  • Second: The Ministry shall periodically review the qualitative and quantitative classification and the conditions and requirements for providing the service and work on developing them whenever necessary.

  • Third: The service must be provided to pilgrims according to the qualitative and quantitative classification and the conditions and requirements for providing the service during the Hajj season.

Article 7: Scope of Jurisdiction of Service Providers

  • The Ministry shall determine the jurisdiction of licensed service providers authorized to offer services to pilgrims, as follows:

    • 1- Comprehensive Service: Providing accommodation, catering, and transportation services at all service locations (Makkah – Madinah – Holy Sites) and enrichment services in accordance with the regulations adopted by the Ministry.
    • 2- Specialized Service: Providing one or more services offered to pilgrims in Makkah, the Holy Sites, or Madinah.
    • 3- Reception and Farewell Services: Receiving and bidding farewell to pilgrims through various entry points of the Kingdom (land, sea, and air).

Article 8: Conditions for Granting and Renewing the License

  • First: Anyone wishing to engage in the activity of providing services to pilgrims must obtain a license from the Ministry in accordance with the conditions and procedures it specifies.

  • Second: The Ministry shall set the conditions for granting and renewing the license, taking into account the following:

    • 1- The establishment must be Saudi and have a valid commercial registration.
    • 2- Defining the technical, administrative, and financial expertise and capabilities required to practice the activity.
    • 3- No final decision has been issued to cancel the license to practice the activity of providing services to foreign pilgrims against the establishment.
    • 4- Determining the financial consideration for the license and its renewal.
    • 5- The service provider’s performance in previous years with regard to renewal requests.

Article 9: Procedures for Submitting the License Application

  • 1- The license application shall be submitted to the competent department in the Ministry according to the mechanisms and means determined and announced by the Ministry.
  • 2- The application must be complete with the required data and documents.
  • 3- The Ministry has the right to request the completion of any requirements necessary for studying the application.
  • 4- The financial fee for the license must be paid on the date specified by the Ministry.

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