Legislation Details
- Full Title: Federal Law Concerning the Prohibition of Using Scientific Certificates Issued by Unlicensed Entities
- Law Type: Federal Law
- Law Number: (9) of 2021
- Issued Date: 29 Apr 2021
- Effective Date: 30 Oct 2021
- Official Gazette: No. 701
- Sector: Education
- Status: Active
- Number of Articles: 22
- Chapters/Parts: 0
- Amendments: 0
Summary
This Federal Law aims to prohibit the use of scientific certificates issued by entities that are not licensed to do so in the UAE. It establishes requirements for valid scientific certificates and imposes penalties for submitting or using such unlicensed certificates. The law applies across the UAE, including in free zones, and empowers the Cabinet to issue remedies for prior use of unlicensed certificates. (Federal Law Concerning the Prohibition of Using Scientific Certificates Issued by Unlicensed Entities, 2021, Arts. 2, 3, 8) The law is significant for businesses and individuals in the UAE, as it seeks to ensure the integrity of academic and professional qualifications. Employers are prohibited from hiring individuals based on certificates from unlicensed entities, and individuals face fines and imprisonment for using or publishing such certificates. This helps maintain standards and protects against fraud or misrepresentation in the job market and education system. (Federal Law Concerning the Prohibition of Using Scientific Certificates Issued by Unlicensed Entities, 2021, Arts. 5, 6)
What is the scope and purpose of this law?
The purpose of this law is to prohibit the use of scientific certificates issued by entities that are not licensed to do so in the UAE. It applies across all regions of the UAE, including free zones. (Federal Law Concerning the Prohibition of Using Scientific Certificates Issued by Unlicensed Entities, 2021, Arts. 2, 3)
What are the key definitions under this law?
The law provides the following key definitions:
- State: United Arab Emirates
- Ministry: Ministry of Education
- Minister: Minister of Education
- Scientific Certificates: Official documents proving academic, professional, or vocational qualifications issued by licensed educational or training entities
- Scientific certificate issued by unlicensed entity: A certificate issued by an entity without legal existence or without a license to issue such certificates
- Competent Authority: Ministry of Education and any other authority determined by the Executive Regulation
- Employers of the State: Any governmental or non-governmental employer in the UAE, including in free zones
(Federal Law Concerning the Prohibition of Using Scientific Certificates Issued by Unlicensed Entities, 2021, Art. 1)
What are the main obligations and requirements?
The key obligations and requirements under this law are: 1. All data included in scientific certificates must be valid and correct. (Federal Law Concerning the Prohibition of Using Scientific Certificates Issued by Unlicensed Entities, 2021, Art. 4(a)) 2. The competent authority must determine that the certificate is issued by an entity that is duly licensed to issue such certificates. (Federal Law Concerning the Prohibition of Using Scientific Certificates Issued by Unlicensed Entities, 2021, Art. 4(b)) 3. No person is allowed to use a scientific certificate issued by an unlicensed entity for any purpose in the UAE. (Federal Law Concerning the Prohibition of Using Scientific Certificates Issued by Unlicensed Entities, 2021, Art. 5) 4. Employers in the UAE must not employ any person based on a certificate issued by an unlicensed entity. (Federal Law Concerning the Prohibition of Using Scientific Certificates Issued by Unlicensed Entities, 2021, Art. 5)
What are the penalties for non-compliance?
The law imposes the following penalties: a. Imprisonment for up to 3 months and/or a fine of up to AED 30,000 for submitting, using, or publishing a certificate from an unlicensed entity by mistake. (Federal Law Concerning the Prohibition of Using Scientific Certificates Issued by Unlicensed Entities, 2021, Art. 6(b)) b. Imprisonment for up to 1 year and/or a fine of up to AED 500,000 for deliberately submitting, using, or publishing a certificate from an unlicensed entity, or obtaining a benefit from such a certificate. (Federal Law Concerning the Prohibition of Using Scientific Certificates Issued by Unlicensed Entities, 2021, Art. 6(d)) c. Imprisonment for up to 2 years and a fine of AED 100,000 to AED 1,000,000 for an employee accepting a certificate from an unlicensed entity. (Federal Law Concerning the Prohibition of Using Scientific Certificates Issued by Unlicensed Entities, 2021, Art. 6(e)) d. Imprisonment for up to 2 years and a fine of AED 500,000 to AED 1,000,000 for issuing or promoting certificates from an unlicensed entity. (Federal Law Concerning the Prohibition of Using Scientific Certificates Issued by Unlicensed Entities, 2021, Art. 6(f))
How does this law interact with other UAE legislation?
This law references and interacts with the following other UAE federal legislation: - Federal Law No. (1) of 1972 on the Competencies of the Ministries and the Powers of the Ministers - Federal Law No. (8) of 1980 Regulating the Labour Relationships - Federal Law No. (3) of 1987 Issuing the Penal Code - Federal Law No. (35) of 1992 Issuing the Penal Procedure Law - Federal Law by Decree No. (11) of 2008 Concerning Human Resources in the Federal Government (Federal Law Concerning the Prohibition of Using Scientific Certificates Issued by Unlicensed Entities, 2021, Preamble)
When did this law come into effect?
This law was issued on 29 April 2021 and came into effect 6 months later, on 30 October 2021. (Federal Law Concerning the Prohibition of Using Scientific Certificates Issued by Unlicensed Entities, 2021, Art. 11)
Source Documents
This article analyses Federal Law Concerning the Prohibition of Using Scientific Certificates Issued by Unlicensed Entities 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.