Law of The Council of Ministers
نبذة عن النظام
• Definition of the Council and its headquarters.
• Membership conditions.
• Prohibited activities and practices of Members while in office.
• Provisions for appointing members and conducting meetings.
• Term of the Council.
• Responsibilities and authorities of a minister.
• Provisions of proxy.
• Formation of the council.
• Provisions for attending meetings.
• Validity of meetings and decisions.
• The way members should be put on trial for their violations.
• Formation of committees.
• Authorities of the Council.
• Regulatory, administrative and financial affairs.
• Presidency of the Council.
• Administrative structure of the Council.
Law of The Council of Ministers
Law of The Council of Ministers
The Council of Ministers is a regulatory body presided over by the King.
The city of Riyadh is the seat of the Council of Ministers. Meetings of the Council may be held in other locations in the Kingdom.
A member of the Council of Ministers shall:
a) be a Saudi national by descent and upbringing;
b) be well known for being upright and competent; and
c) not have been convicted of a crime impinging on religion or honor.
Members of the Council of Ministers may not assume their duties until they take the following oath: “I swear by Almighty Allah to be loyal to my religion, then to my King and my country. I swear not to reveal any of the State’s secrets, to protect its interests and laws, and to perform my duties with honesty, integrity, and sincerity.”
Membership of the Council of Ministers may not be combined with any other government post, unless it is deemed necessary by the President of the Council of Ministers.
A member of the Council of Ministers may not, while in office, buy or lease, directly or through a proxy, or by public auction, any of the properties of the State. He may not sell or rent any of his property to the government. Furthermore, he may not engage in any commercial or financial activities or accept board membership in any company.
Meetings of the Council of Ministers are presided over by the President of the Council of Ministers (the King), or one of his deputies. The resolutions of the Council of Ministers shall become final upon the King’s approval.
Members of the Council of Ministers shall be appointed, relieved from office, and have their resignations accepted by royal order. Their responsibilities shall be specified in accordance with Articles 57 and 58 of the Basic Law of Governance.
The Internal Regulations of the Council shall stipulate their rights.
The term of the Council of Ministers shall not exceed four years, during which a new Council shall be reconstituted by royal order. If the term expires before the reconstitution of the new Council, the current Council shall continue performing its duties until the new one is reconstituted.
A minister shall be in charge of his ministry and shall be the final authority in managing its affairs and shall carry out his duties in accordance with the provisions of this Law and other laws and regulations.
A. Only a minister may act on behalf of another minister in the Council of Ministers, pursuant to an order issued by the President of the Council of Ministers.
B. The powers of the absent minister shall be assumed by the acting minister.
Formation of the Council of Ministers
The Council of Ministers shall be composed of the following:
a) President of the Council of Ministers;
b) Deputies of the President of the Council of Ministers;
c) Ministers with portfolios;
d) Ministers of State appointed as members of the Council of Ministers by royal order; and
e) Counselors to the King, who are appointed as members of the Council of Ministers by royal order.
The right to attend meetings of the Council of Ministers shall be exclusive to its members and the Secretary General of the Council of Ministers. At the request of the President or a Council member and upon the approval of the President of the Council of Ministers, an official or expert may attend the meetings of the Council, in a non-voting capacity, to present information and clarifications.
A meeting of the Council of Ministers shall not be valid unless attended by two-thirds of its members. Resolutions shall not be valid unless passed by a majority of the members present. In case of a tie, the President shall have the casting vote. In extraordinary cases, Council meetings may be considered valid with half of the members present. In such cases, resolutions shall not be considered valid without the approval of two-thirds of the members present. The President of the Council of Ministers shall determine such cases.
The Council of Ministers shall not, unless deemed necessary, pass a resolution on a matter related to the activities of a ministry except in the presence of the minister concerned or his designee.
Deliberations of the Council shall be confidential. As a general rule, its resolutions shall be made public, except when deemed classified pursuant to a resolution by the Council.
Members of the Council of Ministers shall be tried for violations they commit in the discharge of their official duties, pursuant to a special law which states the violations and specifies the procedures for prosecution and trial as well as the formation of the tribunal.
The Council of Ministers may form committees from among its members or from non-members to review an item on the agenda of the Council and prepare a special report thereon. The Internal Regulations of the Council shall specify the number of committees and procedures thereof.
Powers of the Council of Ministers
Without prejudice to the Basic Law of Governance and the Law of the Shura Council, the Council of Ministers shall have the power to set the internal, foreign, financial, economic, educational, and defense policies as well as the general affairs of the State, and shall oversee their implementation; and it shall review Shura Council resolutions. It shall have the executive authority and be the final authority in the financial and administrative affairs of all ministries and other government agencies.
Laws, treaties, international agreements, and concessions shall be issued and amended by royal decrees upon review by the Council of Ministers, without prejudice to the Law of the Shura Council.
The Council of Ministers shall review draft laws and regulations brought before it and vote on each article separately and then as a whole, in accordance with the procedures set forth in the Internal Regulations of the Council.
Each minister shall have the right to propose a draft law or regulation related to the affairs of his ministry. Each member of the Council of Ministers shall have the right to propose issues of interest to be discussed by the Council upon the approval of the President of the Council of Ministers.
All decrees shall be published in the Official Gazette and shall enter into force on the date of publication unless another date is stipulated.
The Council, being the direct executive authority, shall have full power over all executive and administrative affairs. The following shall be included in its executive powers:
1. monitoring the implementation of laws, regulations, and resolutions;
2. establishing and organizing public institutions;
3. overseeing the implementation of the general development plan; and
4. forming committees to review the performance of ministries and other government agencies or in relation to any specific case. Such committees shall submit their findings at a time set by the Council. The Council shall review such findings and may accordingly form investigative committees to decide on such findings, in accordance with laws and regulations.
The government may not conclude a loan contract without the approval of the Council of Ministers and the issuance of a royal decree to that effect.
The Council of Ministers shall review the State budget and vote on it, chapter by chapter. Such budget shall be promulgated by royal decree.
Any supplement to the budget shall only be made by royal decree.
The Minister of Finance and National Economy shall submit the closing account for the State’s ending fiscal year to the President of the Council of Ministers who shall refer it to the Council of Ministers for approval.
Presidency of Council of Ministers
The King, as President of the Council of Ministers, shall direct the State’s public policy; ensure guidance, coordination, and cooperation among the various government agencies; ensure harmony, continuity, and unity in all functions of the Council of Ministers; supervise the Council of Ministers, ministries, and government agencies; and monitor the implementation of laws, regulations, and resolutions.
All ministries and other government agencies shall submit to the President of the Council of Ministers within 90 days from the beginning of each fiscal year, a report on their achievements in light of the general development plan for the ending fiscal year. The report shall include the difficulties encountered and proposals to ensure the proper conduct of business.
Administrative Structure of the Council of Ministers