Executive Instructions for the Implementation of Penalties for Violations Related to the Jurisdiction of the Ministry of Commerce Listed in the Table of Penalties for Municipal Violations

Article 1: Definitions

Previous Amendments
  • The following words and phrases - wherever they appear in these instructions - shall have the meanings indicated next to each, unless the context requires otherwise:

    • Regulation: Regulation of Penalties for Municipal Violations issued by Council of Ministers decision No. (92) dated 25/2/1442 AH.

    • Schedule: Schedule of Penalties for Municipal Violations issued by the Minister of Municipal and Housing Affairs decision No. (4400908584) dated 19/11/1444 AH.

    • Instructions: Executive instructions for applying penalties for violations related to the jurisdiction of the Ministry of Commerce as stated in the schedule.

    • Ministry: Ministry of Commerce.

    • Minister: Minister of Commerce.

    • Violation: The violation related to the jurisdiction of the Ministry of Commerce as listed in the attached schedule to the instructions.

    • Violator: The person who commits the violation, whether a natural or legal person.

    • Invoice: A document issued by the seller to the buyer with a specific number showing the sold products, their quantities, the price, the name and address of the seller, the name of the establishment, its commercial registration number, and the date of sale.

    • Establishment: Any location where commercial activity is conducted.

Article 2: Monitoring Violations

  • 1- Employees designated by a decision from the Minister shall be responsible for monitoring violations.

  • 2- The monitoring employee must adhere to the following:

    • A- Good conduct, instructions, and the specific functional and spatial jurisdiction defined in the decision appointing him as a monitoring employee, and must exercise accuracy and integrity in performing his duties.

    • B- Present proof of his status as a monitoring employee when commencing his work.

    • C- State the purpose of the visitation when commencing his work.

    • D- Maintain the confidentiality of the information he obtains while performing his work.

    • E- Commit to using the approved electronic system when receiving reports and conducting field inspections.

    • F- Notify the direct President of any unusual cases he encounters while performing inspection duties.

  • 3- The monitoring employee shall prepare a violation report that includes the following:

    • A- Details of the violator and their location.

    • B- Type and description of the violation, and the tools and means used.

    • C- The documents and papers necessary to document the violation.

    • D- Name and signature of the monitoring employee.

    • E- Date and time of the violation report preparation.

    • F- Signature of the violator.

  • 4- The loss of any of the report's data results in the invalidation of the monitoring procedure, with the same effect resulting from the failure to prepare the report according to the legal requirements.

  • 5- Monitoring employees have the right to access books, records, and papers and to request the necessary data in order to perform their duties.

  • 6- The violator shall sign the violation report, and in case of refusal, non-cooperation, obstruction, resistance, or inability to reach them, this shall be recorded in the report, and the monitoring procedures shall continue.

Article 3: Imposition of Penalties

Article 4: Final Provisions

  • 1- A committee (or more) shall be formed by a decision of the Minister, consisting of no less than three members, chaired by a legally qualified individual. The committee is responsible for considering appeals against penalties imposed under the regulation. The rules of procedure for the committee and the remuneration for its chair, members, and secretariat shall be determined by a decision of the Minister.

  • 2- Penalties shall not be enforced until the decision has become final either by the expiration of the legally specified period for appeal or by the issuance of a judgment that has acquired finality.

Table of Penalties for Municipal Violations 1444 AH 2023 AD - Related to the Competence of the Ministry of Commerce

  • Executive Instructions for the Application of Penalties for Violations Related to the Competence of the Ministry of Commerce as Stated in the Penalty Schedule for Municipal Violations