1- The purpose of this guide is to establish rules and standards to be followed by government entities when proposing the enactment of provisions regarding administrative violations and their penalties, without prejudice to the controls that must be observed when preparing and studying draft regulations and similar matters (updated), issued by the Council of Ministers Resolution No. (713) dated 30/11/1438 AH, amended by the Council of Ministers Resolution No. (476) dated 15/7/1441 AH.

2- For the purposes of this guide, the term "government entities" refers to ministries, authorities, centers, institutions, funds, programs, and other bodies with independent public legal personality.

The Government Agency shall consider before proposing the enactment of provisions regarding administrative violations and their penalties the following:

• 1- Studying the necessity of considering the act of committing or refraining from a certain action as a violation that necessitates the enactment of a penalty imposed on the perpetrator, and the expected consequences resulting from both the violation and the penalty.

• 2- Verifying the existence of any valid ruling in any of the laws or regulations - and what is equivalent to them - or any other regulatory instrument that addresses the act subject to the violation and imposes a penalty for its violation.

• 3- Determining whether the public interest necessitates - in the event of a valid ruling addressing the act subject to the violation and imposing a penalty for its violation according to paragraph (2) of this article - to suffice with what is stated in that ruling, or to amend it, or to propose the enactment of a new ruling addressing the same act.

• 4- Verifying that the proposal is consistent with its competencies as stipulated in the relevant regulatory texts, and stating the legal basis for that competency.

1- It should be noted in the proposal for enacting the provisions of the administrative violation and its penalties that the original principle is to include in the law or regulation - and what is equivalent to it - all provisions of the administrative violation intended to be enacted and its penalties.

2- Exceptionally from the provisions of paragraph (1) of this article; the government agency may include in the proposal a delegation to issue a regulation - or what is equivalent to it - that includes the specification of the violating actions and the penalties resulting from them, provided that this is done in the narrowest scope, and that the proposal includes a statement of the reasons that necessitate the public interest for such delegation.

3- It should be noted in the proposal that includes a delegation - in accordance with paragraph (2) of this article - that the regulatory or legislative text - and what is equivalent to it - delegating includes the following:

• A- A clear specification of the subject of the administrative violation and its penalty delegated to the government agency to issue in a regulation - or what is equivalent to it - and the limits of that delegation.

• B- Specification of the penalty resulting from the administrative violation in terms of its type, and stating the maximum limit that the government agency may not exceed when exercising that delegation.

• C- Publication of the regulation - or what is equivalent to it - issued by the government agency - in addition to the official gazette - in one of the following two means or both:

  • 1- The official website of the government agency.

  • 2- Any of the government agency's accounts on social media platforms.

The Government Agency shall take into account when preparing a proposal for enacting the provisions of administrative violations and their penalties the following:  

• 1- The type and amount of the penalty must be proportional to the nature of the violation, and must also be consistent with the type and amount of other penalties imposed on perpetrators of similar violations.

• 2- The objective of proposing the enactment of the provisions of administrative violations and their penalties should be to deter and prevent the violator, and not to enrich the resources of the Government Agency or the public treasury.

• 3- Clearly and accurately define the violation that results in the imposition of a penalty, and describe it in a clear and precise manner, avoiding mere reference or referral to general provisions mentioned elsewhere.

• 4- Explicitly state in the law or regulation - and what is equivalent to it - that committing the violation results in the imposition of a penalty.

It is recommended to include a proposal for enacting provisions regarding administrative violations and their penalties, in cases where the law or regulation - and what is equivalent to it - stipulates granting a time period for the violator based on a notice issued by the authority to correct their situation before imposing the penalty; as follows:

• 1- A clear determination of the duration of the time period granted to the violator to correct their situation, and the date from which it is calculated, provided that the start date of the calculation - in all cases - is subsequent to the date of notification of the notice.

• 2- Consideration of the proportionality of the type and nature of the violation with the duration of the time period granted to the violator to correct their situation.

• 3- Specification of the date on which the penalty will be imposed if the time period expires without the violator correcting their situation.

This evidence is published in the official gazette and shall come into effect after (thirty) days from the date of its publication.