Legislation Details
- Full Title: Cabinet Resolution Regarding Private Family Counseling Centers
- Law Type: Cabinet Resolution
- Law Number: 3 of 2015
- Issued Date: 28 Jan 2015
- Effective Date: 27 Feb 2015
- Official Gazette: No. 576
- Sector: Family and Community
- Status: Active
- Number of Articles: 36
- Chapters/Parts: 0
- Amendments: 1
Summary
This Cabinet Resolution regulates the operation of private family counseling centers in the United Arab Emirates. It aims to activate the role of these centers in providing specialized counseling services to contribute to the building, stability, and social care of families, in order to achieve family cohesion and social solidarity. (Cabinet Resolution Regarding Private Family Counseling Centers, 2015, Art. 3) The Resolution sets out the licensing conditions, obligations, and management requirements for private family counseling centers. It also empowers the Ministry of Social Affairs to control, evaluate, and apply administrative penalties against centers that violate the Resolution's provisions. The Resolution is significant for businesses and individuals in the UAE as it establishes a regulatory framework to ensure the quality and ethical practice of family counseling services. (Cabinet Resolution Regarding Private Family Counseling Centers, 2015, Arts. 4-12)
What is the scope and purpose of this law?
The provisions of this Cabinet Resolution apply to all private family counseling centers operating in the UAE that provide counseling services in the field of family, women, and children. (Cabinet Resolution Regarding Private Family Counseling Centers, 2015, Art. 2) The Resolution aims to regulate the activities of these centers and activate their role in society, enabling them to provide specialized counseling services to contribute to the building, stability, and social care of families, in order to achieve family cohesion and social solidarity. (Cabinet Resolution Regarding Private Family Counseling Centers, 2015, Art. 3)
What are the key definitions under this law?
The Resolution provides the following key definitions:
- State: The United Arab Emirates
- Ministry: The Ministry of Social Affairs
- Minister: The Minister of Social Affairs
- Competent Authority: Any local entity in any emirate in the UAE that licenses commercial, economic or professional activities
- Center: The private family counseling center licensed in accordance with the provisions of this Resolution
- License: The document issued by the Ministry, under which the center is licensed to provide family counseling services
(Cabinet Resolution Regarding Private Family Counseling Centers, 2015, Art. 1)
What are the main obligations and requirements?
The Resolution imposes the following key obligations on private family counseling centers: 1. Not to provide any counseling services other than those the center is licensed by the Ministry to provide. (Cabinet Resolution Regarding Private Family Counseling Centers, 2015, Art. 9(1)) 2. Not to transfer title to the center, join a new partner, change its location, or create any other branches without the prior written consent of the Ministry and the required licenses from the competent authority. (Cabinet Resolution Regarding Private Family Counseling Centers, 2015, Art. 9(3)) 3. Not to change the trade name of the center or any of its particulars without the prior written consent of the Ministry. (Cabinet Resolution Regarding Private Family Counseling Centers, 2015, Art. 9(4)) 4. To provide all information and statements to the Ministry and its personnel upon inspection and evaluation of the center's activities, documents, records, and facilities. (Cabinet Resolution Regarding Private Family Counseling Centers, 2015, Art. 9(6)) 5. To strictly comply with the code of ethics upon practice of the family guidance profession, as approved by the Ministry. (Cabinet Resolution Regarding Private Family Counseling Centers, 2015, Art. 9(10))
What licensing, registration, or approval requirements exist?
The Resolution sets out the following licensing conditions for private family counseling centers: a. For providing services other than bringing those willing to marry in harmony: 1. The applicant must be a UAE national if a natural person, or a legal person in one of the company forms stipulated in the Commercial Companies Law. 2. The applicant must hold a recognized university degree in relevant fields such as private education, psychology, guidance and psychological health, sociology, or social service. 3. The applicant must be at least 30 years old and have full civil capacity. 4. The applicant must not have been convicted of a felony, crime of honor, or breach of trust. 5. The applicant's license must not have been previously cancelled for breach of the Resolution's terms and conditions. 6. The center must have a separate and adequate premises that meets the required technical, engineering, health, and environmental conditions. b. For providing the service of bringing those willing to marry in harmony: 1. The applicant must be a UAE national holding the center in full. 2. The applicant's scientific qualification must be at least high school or equivalent. 3. The center's activity must be limited to the service of bringing those willing to marry in harmony. 4. The applicant must meet the conditions in clauses 3, 4, 5, and 6 under (a) above. (Cabinet Resolution Regarding Private Family Counseling Centers, 2015, Art. 6) The Resolution also outlines the licensing procedures, including the application process, technical review by the Ministry, and issuance of the license. (Cabinet Resolution Regarding Private Family Counseling Centers, 2015, Art. 7)
Which authorities or bodies are responsible for enforcement?
The Ministry of Social Affairs is responsible for the enforcement of this Cabinet Resolution. Specifically: - The Ministry is responsible for issuing the license to private family counseling centers and determining the conditions and qualifications for the center's manager and staff. (Cabinet Resolution Regarding Private Family Counseling Centers, 2015, Arts. 7, 10) - The Ministry is empowered to control and evaluate the centers to confirm their compliance with the Resolution's provisions. If a center is found unable to perform its services or providing a lower level of service, the Ministry can recommend the cancellation of the center's license. (Cabinet Resolution Regarding Private Family Counseling Centers, 2015, Art. 11) - The Minister is authorized to issue resolutions required for the application of the provisions of this Resolution. (Cabinet Resolution Regarding Private Family Counseling Centers, 2015, Art. 15)
What are the penalties for non-compliance?
The Resolution does not specify any penalties for non-compliance. It states that without prejudice to any administrative penalties provided in any other law, the Ministry shall apply the following administrative penalties if a center violates the provisions of this Resolution or the resolutions issued under it: 1. Issuing a written notice to the center and instructing it not to repeat the violation. 2. Notifying the center to remedy the violation within 15 days. 3. Closing the center for no more than six months at a time. 4. Permanently closing the center. (Cabinet Resolution Regarding Private Family Counseling Centers, 2015, Art. 12)
What are the transitional provisions?
The Resolution states that all existing centers operating on the effective date of this Resolution (27 February 2015) shall accommodate their positions in accordance with the provisions of this Resolution within 180 days from the effective date. (Cabinet Resolution Regarding Private Family Counseling Centers, 2015, Art. 14)
When did this law come into effect?
This Cabinet Resolution came into effect on the day following the date of its publication in the Official Gazette, which was 27 February 2015. (Cabinet Resolution Regarding Private Family Counseling Centers, 2015, Art. 17)
How does this law interact with other UAE legislation?
This Cabinet Resolution references the following related UAE legislation: - The Constitution of the UAE - Federal Law No. 1 of 1972 concerning the responsibilities of the ministries and the powers of the ministers, as amended - Cabinet Resolution No. 6 of 2008 concerning the organizational structure of the Ministry of Social Affairs, as amended - Cabinet Resolution No. 11 of 2014 concerning the fees for the services provided by the Ministry of Social Affairs (Cabinet Resolution Regarding Private Family Counseling Centers, 2015, Preamble) The Resolution also states that any provision of any other resolution that conflicts with its provisions is hereby repealed. (Cabinet Resolution Regarding Private Family Counseling Centers, 2015, Art. 16)
Source Documents
This article analyses Cabinet Resolution Regarding Private Family Counseling Centers for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.