Council of Ministers Decision No. (691) dated 17/08/1445 AH
The Council of Ministers
After reviewing in its session chaired by the Custodian of the Two Holy Mosques King Salman bin Abdulaziz Al Saud, the correspondence received from the Royal Court No. 44429 dated 15/6/1445 AH, regarding the draft regulatory statute for social and professional programs for persons with disabilities, and the draft regulatory statute for non-governmental social establishments for persons with disabilities.
After reviewing the two aforementioned draft statutes.
After reviewing theBasic Statute for the Rehabilitation Programs of Persons with Disabilitiesissued by Council of Ministers Decision No. (34) dated 10/3/1400 AH.
After reviewing theRegulatory Statute for Non-Governmental Rehabilitation Centers for Persons with Disabilitiesissued by Council of Ministers Decision No. (291) dated 4/9/1433 AH.
After reviewing server Process No. (304) dated 9/7/1443 AH, memoranda No. (2773) dated 6/12/1443 AH, No. (599) dated 25/2/1444 AH, No. (1996) dated 1/7/1444 AH,
No. (2452) dated 15/8/1444 AH, and No. (2813) dated 4/8/1445 AH, prepared by the Bureau of Experts at the Council of Ministers.
After reviewing the minutes prepared by the Council of Economic and Development Affairs No. (44/1169/M) dated 8/9/1444 AH.
After considering Shura Council Decision No. (91/14) dated 19/5/1444 AH.
After reviewing the recommendation of the General Committee of the Council of Ministers No. (8556) dated 9/8/1445 AH.
It is decided as follows:
First:Approval of the regulatory statute for non-governmental social establishments for persons with disabilities, and the regulatory statute for social and professional programs for persons with disabilities, in the two attached versions.
Second:The Technical and Vocational Training Corporation, when approving training programs for its affiliated establishments directed at persons with disabilities, shall adapt them to suit the needs of persons with disabilities in coordination with the Ministry of Human Resources and Social Development.
Third:Anyone practicing the provision of social and professional programs for persons with disabilities must rectify their status in accordance with the two statutes referred to in paragraph (First) of this decision and their executive rules, within a period not exceeding two (2) years from their effective date, provided that they submit to the Ministry of Human Resources and Social Development a plan to rectify their status within a maximum period of six (6) months from the date of entry into force of the statutes and their executive rules.
Fourth:The State shall bear the value-added tax resulting from the social and professional programs provided by the non-governmental sector for persons with disabilities.
Fifth:The application of the provisions related to financial support and the like, contained in the regulatory statute for social and professional programs for persons with disabilities, shall be subject to the approval of the Ministerial Committee for the Social Support and Assistance System - formed pursuant to paragraph (Eighth) of the Council of Economic and Development Affairs Decision No. (1-42/4/Q) communicated by the kind directive in Royal Court telegram No. 28583 dated 23/5/1442 AH - without prejudice to the provisions of the aforementioned statute, and the Ministry of Human Resources and Social Development shall take the necessary measures in this regard.
Sixth:The Ministry of Human Resources and Social Development - in coordination with the Ministry of Finance and the Expenditure and Projects Efficiency Authority - shall study increasing the financial support directed to persons with disabilities and report what requires action in this regard.
Seventh:The financial consideration mentioned in Article (3) of the regulatory statute for non-governmental social establishments for persons with disabilities referred to in paragraph (First) of this decision shall be determined in agreement with the Ministry of Finance and the Non-Oil Revenues Development Center.
Salman bin Abdulaziz Al Saud
Regulation for Non-Governmental Social Establishments for Persons with Disabilities and its Executive Regulation
Article 1
The following words and phrases - wherever they appear in this Regulation - shall have the meanings specified next to them unless the context requires otherwise:
Ministry: Ministry of Human Resources and Social Development.
Minister: Minister of Human Resources and Social Development.
Person with a disability: Any person who has a long-term impairment or limitation in physical, mental, intellectual, sensory, or psychological functions, which may prevent them - when dealing with various challenges - from participating fully and effectively in society on an equal basis with others.
Social programs: A set of programs through which social services are provided to persons with disabilities to develop their social skills and train them for independence as much as possible in their daily life functions to achieve their effective participation in their surrounding environment and their integration with their families and the community around them. These programs include: Daily Social Care Program, Home Social Care Program, and Accommodation Program for persons with disabilities.
Daily Social Care Program: A set of social services provided to persons with disabilities in facilities for specified periods during the day.
Home Social Care Program: A set of social services provided to persons with disabilities at their residences for specified periods during the day.
Accommodation Program for persons with disabilities: A set of social services provided to persons with disabilities in temporary accommodation or permanent housing locations.
Facilities: Any non-governmental facility licensed by the Ministry to engage in the activity of providing social programs for persons with disabilities.
License: A document issued by the Ministry to engage in activities of providing social programs for persons with disabilities.
Licensee: The individual or entity holding a license, whether a natural or legal person.
Regulation: The regulatory regulation for non-governmental social facilities for persons with disabilities.
Executive Rules: The executive rules of the Regulation.
Article 2
The establishment is prohibited from engaging in the activity before obtaining the license.
Article 3
The Minister shall determine the financial fee for the licenses by a decision issued by him.
Article 4
The executive regulations specify the requirements necessary for issuing licenses to conduct social program activities for persons with disabilities, their durations, and the procedures for renewing them.
Article 5
1- The licensee must be a natural person of Saudi nationality and must not have been previously convicted of a crime that undermines honor or trust, unless his honor has been restored.
2- The licensee must be a legal entity that is either Saudi or holds a valid investment license in the Kingdom of Saudi Arabia in accordance with the Foreign Investment Law.
Article 6
The establishments that provide social programs for persons with disabilities are classified as follows:
1- Establishments specialized in the activity of providing social programs for persons with disabilities, and holding a license to practice the activity of providing social programs from the Ministry.
2- Establishments that engage in activities not directed towards persons with disabilities, and holding a license to practice the activity of providing social programs from the Ministry.
Article 7
The establishment is obligated to obtain the necessary appropriations for the social programs provided in accordance with the regulatory regulation for social and professional programs for persons with disabilities, prior to obtaining the license.
Article 8
1- The executive regulations specify the conditions that must be met by the specialist and administrative staff according to the classification of the establishments referred to in Article (6) of the regulation.
2- It is required that the director of the establishment specialized in providing social programs for persons with disabilities be a specialist in health, rehabilitation, social, or educational fields.
Article 9
The executive regulations specify the infrastructure requirements for establishments.