قوانين وتشريعات
Federal Law No. (1) of 1972 On the Jurisdictions of the Ministries and the Competences of the Ministers
Preamble
* Amended by:
Federal Law No. (1) of 1973 dated 08/03/1973,
Federal Law No. (1) of 1974 dated 10/01/1974,
Federal Law No. (4) of 1975 dated 26/04/1975,
Federal Law No. (8) of 1975 dated 16/11/1975,
Federal Law No. (12) of 1980 dated 20/09/1980,
Federal Law No. (19) of 1991 dated 10/06/1991,
Federal Decree-Law No. (1) of 1994 dated 01/08/1994,
Federal Decree-Law No. (3) of 2004 dated 01/11/2004,
Federal Decree-Law No. (1) of 2006 dated 28/03/2006,
Federal Decree-Law No. (10) of 2008 dated 28/09/2008.
We, Zayed Bin Sultan Al Nahyan, President of the United Arab Emirates State,
Pursuant to the perusal of Articles (47)-2, (54)-4, (58) and (110)-4 of the Provisional* Constitution of the United Arab Emirates State; and
* The word “ Provisional ” has been deleted from the Constitution of the United Arab Emirates, wherever mentioned, by virtue of Article (1) of the Constitutional Amendment No. (1) of 1996 dated 02/12/1996; this Constitution has become the permanent Constitution of the State.
Acting with the consent of the Federal Cabinet, and the approval of the Supreme Council,
Have promulgated the following law:
CHAPTER ONE. THE JURISDICTIONS OF THE MINISTRIES
Article (1)
Each federal ministry* shall carry out the jurisdictions entitled thereto by virtue of the present law, as well as the other federal laws, regulations and rules, issued by virtue of the provisions of the Constitution.
* The Ministry of Higher Education and Scientific Research was established by virtue of the Federal Law No. (4) of 1992 dated 13/01/1992.
Article (2) Ministry of Foreign Affairs
The jurisdiction of the Ministry of Foreign Affairs shall be in conformity with the law promulgated with regard thereto.
Article (3) Ministry of Interior
* As amended by Federal Decree-Law No. (10) of 2008 dated 28/09/2008:
The Ministry of Interior, in coordination and cooperation with the competent authorities and bodies, shall have the following jurisdictions:
1. Protect the security of the Federation from all the internal threats.
2. Set the general policy for protection from crime and combating crime, and supervise the execution thereof at State level.
3. Found, organize and supervise the Federal Security Forces.
4. Coordinate and consolidate the cooperation between the Police Forces of the emirates, members of the Federation.
5. Supervise the expenditure of the financial allocations set in the State budget for the affairs of the internal security, as per the dire need of certain emirates, in agreement with the pertinent authorities in the pertinent emirate.
6. Supervise the traffic regulation on federal roads determined as main roads by the Supreme Council.
7. Assume all affairs related to the nationality, passports, entry and residence of foreigners.
8. Supervise the civil defense work, carry out preventive procedures and necessary tasks to prevent, limit, alleviate, deal with and clear the effects of dangerous disasters.
9. Propose legislations related to the jurisdictions of the Ministry.
10. Any other jurisdictions entrusted thereto by virtue of the laws, regulations and cabinet decisions.
Article (4) Ministry of Defense
The Ministry of Defense shall have the following jurisdictions:
1. Organize the federal armed forces and supervise all issues related thereto.
2. Organize all matters related to the military service and general or partial mobilization in view of keeping the safety and security of the Federation, and such in agreement with the authorities of the pertinent emirates.
3. Coordinate the cooperation between the federal armed forces and the armed forces of the emirates in order to defend against any external assault in accordance with Article (142) of the Provisional Constitution.
4. Prepare draft laws regarding the import of weapons and ammunitions for use other than by the forces, or the security forces pertaining to any emirate.
5. Other jurisdictions entrusted to the Ministry by virtue of another law.
* Added by virtue of the Federal Decree-Law No. (1) of 1994 dated 01/08/1994:
- Construct, maintain and ameliorate buildings and facilities and build roads related to the Armed Forces.
Article (5) Ministry of Finance, Economy and Industry
* The present Article related to the jurisdictions of the Ministry of Finance, Economy and Industry was implicitly amended by virtue of the Federal Law No. (1) of 1974 published hereinafter, since Article (2) hereof is related to the jurisdictions of the Ministry of Finance and Industry, while Article (5) hereof is related to the jurisdictions of the Ministry of Economy and Commerce.
The Ministry of Finance, Economy and Industry shall have the following jurisdictions:
1. Prepare the State Budget in cooperation with the other federal ministries, and supervise and control the implementation thereof, whether with respect to revenues or to expenditures, after the legislation thereof.
2. Approve the transfer from one chapter to another in the first title and approve the transfer between the items in the same chapter of the State budget.
3. Prepare federal financial draft laws and other draft laws related to federal loans, and supervise the implementation thereof.
4. Prepare the final account of the federation budget.
5. Regulate the federal accounting rules, issue necessary instructions thereabout and control the implementation thereof.
6. Supervise the implementation of financial commitments of the Federation.
7. Collect the public revenues of the Federation.
8. Regulate and supervise the affairs related to the purchases of the Federation.
9. Supervise the monetary and currency affairs.
10. Regulate the standards, volumes and weights.
11. Manage the affairs of the properties of the Federation and everything related thereto.
12. Carry out all affairs related to polls and statistics for the purposes of the Federation.
13. Propose draft laws organizing the adequate phases for the achievement of economic and customs unity among the emirates of the Federation.
14. Coordinate the plans of industrial development in a way that guarantees the achievement of the aspired industrial growth, and such in agreement with the pertinent emirates.
15. Prepare draft laws related to banks and all kinds of insurance.
16. Other jurisdictions entrusted to the ministry by virtue of another law.
Article (6) Ministry of Justice
* The Ministries of Justice, and Islamic Affairs and Endowments were merged by virtue of a Federal Decree No. (15) of 1989 dated 11/03/1989. The jurisdictions related to the Islamic Affairs and Endowments determined for the Ministry of Justice, Islamic Affairs and Endowments were transferred to the Endowments Public Agency founded by virtue of the Law No. (29) of 1999. The name of the said Agency was amended and became “The General Committee of Islamic Affairs and Endowments” in conformity with the provisions of Article (4) of the Federal Decree-Law No. (1) of 2006 dated 28/03/2006.
The Ministry of Justice shall have the following jurisdictions:
1. Regulate and supervise the administrative and financial affairs of the federal courts.
2. Prepare draft laws related to the federal judiciary, the federal public prosecution, general amnesty from the judgments issued by the federal courts.
3. Peruse the studies, fatwas and all other legal affairs required by the work needs in different federal ministries, including the formulation of draft laws, regulations and rules set by the said ministries.
4. Prepare major draft legislations related to the laws on real estate property, the expropriation for the public interest, penal law, civil and commercial procedures laws, companies and procedures before civil and criminal courts, laws of protection of literary, artistic, and industrial property, copyrights, and laws of extradition of criminals.
Article (7) Ministry of Education
The Ministry of Education shall have the following jurisdictions:
1. Peruse the affairs related to the education in the Federation, and supervise the means of enhancement thereof as best as possible.
2. Spread and provide education to every national, and make it compulsory for the elementary cycle, and free in all cycles thereof within the Federation.
3. Set educational plans and prepare academic curricula, exam systems and literacy programs.
4. Found and supervise technical, industrial, agricultural, and university schools and institutes.
5. Approve to the establishment of private schools, and supervise and orient them.
6. Dispatch and supervise scientific missions, and offer academic tuitions.
7. Other jurisdictions entrusted to the ministry by virtue of another law.
Article (8) Ministry of Public Health
* As amended by Federal Decree-Law No. (10) of 2008 dated 28/09/2008:
The Ministry of Public Health shall have the following jurisdictions:
1. Set the State medical and health policies and plans, and supervise the implementation thereof.
2. Prepare and set necessary mechanisms to coordinate between the bodies providing health services in the State, ensuring integration thereof and the promotion of the health services provided thereby, and supervise the implementation thereof.
3. Prepare plans and policies to combat diseases and epidemics in the State, and supervise the implementation thereof.
4. License persons and establishments to practice medical and health professions and activities in the State, and supervise same in coordination with the competent health bodies.
5. Regulate and manage federal health insurance activities, and supervise same in coordination with the pertinent authorities, and propose legislation regulating same in the State.
6. Technically and administratively supervise all health, medical and pharmaceutical establishments of the State, in coordination with the competent health bodies.
7. Set necessary mechanisms to encourage medical and health studies and researches, and transfer medical technologies.
8. Propose health and medical legislations and regulations in the State, supervise the implementation thereof, and issue necessary decisions in their regard.
9. Spread health awareness and education in the State in cooperation with pertinent parties.
10. Represent the State before local, regional and international health organizations.
11. Any other jurisdictions entrusted thereto by virtue of the laws, regulations and cabinet decisions.
Article (9) Ministry of Public Works
* As amended by Federal Decree-Law No. (1) of 1994 dated 01/08/1994:
The Ministry of Public Works shall have the following jurisdictions:
1. Build, maintain and ameliorate federal roads.
2. Construct buildings and public facilities pertaining to the Federation, barring the ones pertaining to the Armed Forces, and supervise the maintenance thereof.
3. Supervise the expenditure of sums allocated in the State budget for construction projects as per the dire need of certain emirates, and implement such projects in agreement with the public authorities of the pertinent emirates.
4. Other jurisdictions entrusted to the Ministry by virtue of another law.
Article (10) Ministry of Communication, Mail, Telegraph and Telephone
* Amended by virtue of the Federal Law No. (8) of 1975 dated 16/11/1975, then abrogated by virtue of the Federal Decree-Law No. (1) of 2006 dated 28/03/2006.
Article (11) Ministry of Labor and Social Affairs
The Ministry of Labor and Social Affairs shall have the following jurisdictions:
1. Prepare draft federal laws pertaining to the following matters:
a) Work and workers;
b) Social securities;
c) Combat of unemployment and provision of employment to nationals;
d) Social services and family welfare;
e) Cooperatives and the encouragement of family savings.
2. Offer technical and material aids to the emirates, members of the Federation, to enable them to implement the aforementioned legislations.
3. Supervise the expenditure of financial allocations determined by the State budget for the social affairs, as per the dire need of certain emirates, in agreement with the authorities of the pertinent emirate.
4. Supervise the foreign and international entities and institutions providing financial or moral aids, and operating in the fields of social care, charity works, or supervise same, supervise the registration and orientation thereof, and support the efforts exerted in the service of the society.
5. Other jurisdictions entrusted to the Ministry by virtue of another law.
Article (12) Ministry of Media and Culture
* The National Media Council was established by virtue of Article (4) of the Federal Decree-Law No. (1) of 2006 dated 28/03/2006. It shall carry out the jurisdictions set for the Ministry of Media and Culture. Furthermore, the Emirates News Agency and those related to the foreign media affairs from the Ministry of Presidential Affairs to the National Media Council in accordance with Article (3) of the aforementioned Federal Decree-Law.
* As amended by Federal Law No. (4) of 1975 dated 26/04/1975:
The Ministry of Media and Culture shall have the following jurisdictions:
1. Peruse all media and culture activity affairs in the State, and coordinate the media and cultural policy among the emirates, members of the Federation, in a way that is in line with the policy of the State, whether domestically or externally, and that guarantees the support of the Federation. Furthermore, it highlights the concept of national unity as a political entity that provides tranquility and stability to nationals.
2. Supervise all media means in the State, and develop public mass media in view of achieving the general policy of the State and guarantees the development of the national awareness, education and entertainment in a balanced manner, while providing nationals with adequate information regarding the domestic and international developments and events.
3. Highlight the stances of the State in the international and Arabic fields, receive media representatives, reporters of international newspapers and news agencies, and provide them with necessary information and circulars to inform the public opinion of the stances of the State regarding such fields.
4. Endeavor through mass media to spread the Islamic religion and the spiritual and moral value thereof, and combat bad habits in the society, and such in coordination with the pertinent ministries.
5. Endeavor to revive the Arabic history and the national heritage, and make documentaries thereof to become a historical reference and a source of enhancement of the level of literature and arts.
6. Issue political data and comments, publish them domestically and externally in a way adequate to the general policy of the State.
7. Excavate historical heritage of the State, maintain it, establish and manage museums, print necessary works and circulars regarding monuments, being an important source of culture and history.
8. Supervise the tourism affairs and activate them by all means.
9. Represent the State in all media, cultural and artistic conferences, whether domestically or abroad, organize and supervise artistic festivals, and such without intervening with the jurisdictions of other ministries.
10. Sponsor folkloric and plastic arts, develop music and theater and encourage writing and translation in all literary and intellectual aspects in order to achieve the adequate ambiance for the development of creative minds and highlight new talents.
11. Organize cultural seasons and invite writers and artists thereto, and such in order to benefit from the output of the human mind and open new horizons for nationals.
12. Supervise the organization of exhibitions inside the State and represent the State in international and Arab exhibitions.
13. Establish, supervise and manage public cultural houses and public State libraries.
14. Supervise media offices abroad in cooperation with the Ministry of Foreign Affairs.
15. Jurisdictions entrusted to the Ministry by virtue of the Law No. (5) of 1973 Regarding Printings and Publications* and any other jurisdictions entrusted to the Ministry by virtue of laws and regulations.
* The Law No. (5) of 1973 dated 25/07/1973 Regarding Printings and Publications abrogated by virtue of the Federal Law No. (15) of 1980 dated 16/11/1980 Regarding Printings and Publications.
Article (13) Ministry of Planning
The Ministry of Planning shall have the following jurisdictions:
1. Set plans for projects executed on the Federation scale and supervise the implementation thereof.
2. Orient the economic growth through scientific planning and technical cooperation with the pertinent international organizations.
3. Prepare economic studies and researches.
4. Other jurisdictions entrusted to the Ministry by virtue of another law.
Article (14) Ministry of Agriculture and Fisheries
* Abrogated by virtue of the Federal Decree-Law No. (1) of 2006 dated 28/03/2006.
* The Ministry of Environment and Water was established by virtue of Article (2) of the Federal Decree-Law No. (2) of 2006 dated 28/03/2006. It shall replace the Ministry of Agriculture and Fisheries in all jurisdictions. The jurisdictions thereof were set by virtue of Article (6) of the Federal Decree-Law No. (10) of 2008 dated 28/09/2008.
Article (15) Ministry of Youth and Sports
* As amended by Federal Law No. (19) of 1991 dated 10/06/1991:
The Ministry of Youth and Sports shall have the following jurisdictions:
1. Implement the policy of the State with respect to the youth and sports sector, in a way that is in line with the Islamic principles, moral values and national objectives. All entities concerned with the youth and sports affairs shall abide by the implementation of the decisions issued by the Ministry with respect to the youth and sports policies.
2. Supervise the youth care and, in particular, the affairs, cultural, sportive, social and health affairs thereof, and such in coordination with the competent entities.
3. Lift the cultural, sportive, social, and media level of youth in light of the comprehensive and methodic evaluation of the social situations and means of development thereof.
4. Raise generations capable of holding responsibilities and becoming a virtuous example.
5. Organize the good investment by the youth of their free time, the development thereby of the skills and physical fitness thereof, nourish their sense of work and develop the sense of the importance of participation in public services. In this regard, the Ministry shall encourage the formation of groups and associations for different hobbies, and encourage and stimulate such group through the organization of youth and sports competitions, festivals, sessions, boot camps and meetings.
6. Hold rehabilitation sessions and studies to prepare youth and sports leaderships.
7. Take an interest in all cultural, sportive and social activities, and work on sponsoring excelling members. In this regard, the Ministry shall support such institutions and study the best ways to develop them and raise their levels.
8. Support the participation of women in the cultural, social and sportive activities adequate to nature thereof, and achieving the role thereof in the enhancement of the society, and in preserving the religious and moral values thereof.
9. Organize and hold symposia and conferences related to youth and sports affairs, and such in accordance with the competent entities.
10. Support and solidify the Arab and international relations in the field of youth and sports.
11. Approve the participation of entities operating in the field of youth and sports in youth and sports meetings and conferences.
12. The Ministry shall be deemed the settling party in complaints referred thereto, and the cassation party with respect to decisions issued by youth and sports institutions regarding technical matters. The pertinent entities shall abide by the implementation of decisions issued by the Ministry in this regard.
Article (16) Ministry of Housing
* The Ministry of Housing was merged with Ministry of Public Works and was named the Ministry of Public Works and Housing.
The Ministry of Housing shall have the following jurisdictions:
1. Study and prepare projects for the planning of cities and housing of all kinds and levels.
2. Design projects of the erection of federal public buildings.
3. Carry out procedures related to the maintenance of the real estate federal properties.
4. Other jurisdictions entrusted to the Ministry by virtue of a law or regulation.
* The following jurisdictions were added to the jurisdictions of the Ministry of Housing by virtue of the Federal Law No. (1) of 1973 dated 08/03/1973:
1. Plan, design and prepare the conditions and specifications of the federal housing projects, declare the bidding thereof, settle same and conclude contracts with contractors and consulting institutions in this regard, and supervise the implementation of the contracts thereof, and pay sums allocated therefor in the Ministry's budget.
2. Plan, design and execute federal housing projects constituted of an entire neighborhood that includes nurseries, schools, dispensaries, mosques, markets, social centers, governmental departments branches and other public buildings.
3. Cooperate and consult with parties concerned with the planning and execution of the jurisdictions set forth in the preceding two clauses.
4. Distribute housings built by the federal governments on nationals entitled thereto, and such in cooperation with the local administrations in the pertinent emirate.
5. Give technical advice and assist local administrations in the emirates, members of the Federation, in planning and executing housing projects thereof.
Article (17) Ministry of Electricity and Water
* As amended by virtue of the Federal Law No. (12) of 1980 dated 20/09/1980:
The Ministry of Electricity and Water shall have the following jurisdictions:
1. Propose the public plan to produce and distribute electricity and water, which is in line with the scientific evolution, achieves the requirements of the economic and social development plans, and fulfills the needs of the public.
2. Collect and analyze information related to the electrical energy in the State, and such pursuant to the provisions of Law No. (9) of 1974 Regarding the Regulation of the Statistics and Censuses in the State.
3. Set rules related to the production, transport, and use of the electrical energy, guarantee the continuance thereof, thus achieving the safety and security of the public, and the standardization of the specifications pertaining thereto, and the enjoinment of the entities, institutions and individuals to apply same.
4. Take all measures that guarantee the development of the underground and surface water resources, the extraction thereof, ensure the availability, treatment and distribution thereof, and work on the safety of the reach thereof and fulfillment thereby of all kinds of industrial and household usages.
5. Work on guaranteeing the perpetuity of water resources, and search for new resources to support or develop the existing ones, or replace them with other resources, especially in a case of depletion or failure thereof to meet the needs of the public.
6. Set plans and programs that guarantee the training of public national cadres in the field of water and electricity in the State.
7. Execute all electrical and water projects, and buildings and fittings pertaining thereto, and supervise same directly and such within the limits of the allocations set therefor in the State budget. Shall be included in particular underwater projects whose execution is entrusted to the Ministry the drilling of wells, water desalination, be it underground, sea, or other sources of water, the treatment thereof, the setting of storage means pertaining thereof, as well as the networks of transport and distribution thereof, the delivery of water for industrial and household purposes, and in particular all operations related to the establishment of stations and networks of buildings, machines and fittings listed under the electrical projects, as well as the transport and delivery of energy.
8. Manage, operate and maintain electricity and water generation stations, and transport in main networks paid by the Federation from the budget thereof.
9. Provide spare parts and necessary materials to carry out operation and maintenance works of electrical units, station, electricity and water networks, in addition to fittings related to such stations and networks, and such within the rules set by the laws and regulations in force in this regard.
10. Other jurisdictions entrusted to the Ministry by virtue of another law.
Article (18)
Each federal ministry shall prepare all necessary draft laws, decrees, regulations and rules related to the affairs pertaining thereto, and shall submit same to the Federal Cabinet subsequent to the formulation thereof by the Department of Fatwa and Legislation.
Article (19)
Each federal ministry shall carry out all necessary matters for the treatment of internal issues pertaining to the jurisdictions thereof, by contacting any State, entity or organization, Arab, foreign or international, and represent the Federation therein, and in regional and international conferences, provided that such is carried out in coordination with the Ministry of Foreign Affairs.
Article (20)
Each federal ministry shall practice the jurisdictions thereof in accordance with the guidelines of the Cabinet and the president of the Federation, and in pursuance of the federal laws and the public policy drawn by the Federal Supreme Council.
CHAPTER TWO. THE JURISDICTIONS OF MINISTERS AND UNDERSECRETARIES
Article (21)
Each federal minister shall exercise the following powers and competence within the scope of the ministry thereof:
1. Propose the general policy of the ministry thereof, and supervise the implementation thereof after approval.
2. Supervise the workflow in the ministry thereof and issue necessary instructions in this regard.
3. Implement the State budget within the allocations set for the ministry thereof.
4. Have the right to entrust certain competences thereof to the undersecretary, directors general, or senior officials in the ministry thereof.
5. Any other competences entrusted thereto by the federal laws, rules, regulations and decisions issued in this regard.
Article (22)
Each undersecretary shall have the jurisdiction to assist the Minister in managing the bodies of the ministry, administer the affairs thereof, implement the policy set therefor, and coordinate and organize the work among the departments thereof directly reporting thereto. He shall be liable for his work before the Minister.
Article (23)
Federal ministers shall consult with respect to the powers and jurisdictions exercised thereby with pertinent authorities in the emirates whenever such practice of said powers and jurisdictions is directly related to the pertinent emirate.
With respect to the draft laws suggested by federal ministries, pertinent authorities in the emirates must be consulted in this regard prior to taking measures of approval thereof.
Article (24)
The pertinent bodies of the Federation, under the supervision and in agreement with the pertinent authorities in the emirate, shall undertake the execution of projects for which the Federation shall allocate in the budget thereof sums from the revenues thereof for expenditure thereon.
As for the projects of services and public facilities, whether currently existing or to exist in the future, for which the Federation has not allocated in the annual budget thereof sums from the revenues thereof for expenditure thereon, each emirate shall undertake the management thereof and the establishment of what it deems adequate thereof, and such through the executive bodies and from the budget thereof.
Article (25)
The Cabinet shall issue the necessary decisions for the approval of the organizational structure of each ministry.
Article (26)
Ministers, each within his respective jurisdictions, shall implement the present Law. Such Law shall be published in the Official Gazette, and shall come into force as of the date of publication thereof.
Promulgated at the Presidential Palace in Abu Dhabi
On 2 February, 1972
Corresponding to 17 Dhi Al-Hijja 1391 H
Zayed Bin Sultan Al Nahyan
President of the United Arab Emirates State
لا توجد حاليًا معلومات لعرضها في هذا القسم.
هذا المنشور لعرض المعلومات العامة فقط، ولا يهدف لتقديم استشارة قانونية شاملة أو أي نوع آخر من الاستشارات.
لا تتحمل شركة ليجال أدفايس ميدل إيست والمساهمون مسؤولية أي خسائر قد تنجم عن الاعتماد على المعلومات المذكورة في هذا المنشور. هذا المنشور يهدف فقط إلى الإشارة إلى المسائل القانونية التي تحتاج إلى طلب الاستشارة بشأنها.
لا بد من الحصول على استشارة قانونية شاملة في الوقت المناسب من خلال محامٍ كفء عند التعامل مع مواقف معينة.