Article 21 of the Saudi Enforcement Law before the Board of Grievances
المادة 21 من نظام التنفيذ أمام ديوان المظالم · الفصل الرابع: إجراءات التنفيذ ضد الجهات الإدارية ولصالحها
The article requires the Enforcement Circuit to settle the delay fine when enforcement is completed or becomes impossible or six months pass, by a judgment obliging the party against whom enforcement is sought to pay it to the enforcement requester or canceling it in whole or in part.
Official text (Arabic)
This article has not been amended since the law was issued.
عند إتمام التنفيذ أو تعذره أو مضي (ستة) أشهر من سريان الغرامة دون إتمام التنفيذ؛ تتولى دائرة التنفيذ تصفية الغرامة بتحديد مبلغها، وتصدر في جلسة تحددها حكماً بإلزام المنفذ ضده بأن يؤدي لطالب التنفيذ -بناءً على طلبه- المبلغ الذي حددته، أو بإلغاء الغرامة أو جزء منها.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 21 explained in plain English
After Article 20 allows a fine not exceeding SAR 10,000 for each day of delay other than in enforcement to collect sums of money, this article sets out when and how that fine is settled.
When is the fine settled? In one of three cases:
- when enforcement is completed;
- when enforcement becomes impossible;
- when 6 months pass from the fine taking effect without enforcement being completed.
How is it settled? The Enforcement Circuit determines the amount of the fine, then issues, at a session it sets, a judgment of one of two kinds:
- obliging the party against whom enforcement is sought to pay the enforcement requester the amount the Circuit has determined, at his request;
- or canceling the fine or part of it.
The practical meaning is that the daily fine does not become due automatically for the total number of days of delay. Rather, it is assessed and settled by a judgment issued by the Circuit, which may end in an obligation to pay an amount the Circuit determines or in cancellation in whole or in part. The amount is also awarded to the enforcement requester at his request.
It is followed by Article 22, which allows the enforcement time limits in Articles 10 and 16 to be suspended for compelling reasons put forward by the party against whom enforcement is sought, for a period or periods not exceeding 6 months in total, or by agreement of the parties for a total not exceeding 12 months.
If you have a specific situation, it is best to consult a lawyer specialized in administrative and enforcement cases before the Board of Grievances.
Practical example
The Enforcement Circuit imposed a daily fine on a government body that was late in issuing a decision to enforce a judgment, and 6 months passed from the fine taking effect without enforcement being completed. The Circuit settles the fine by determining its amount, and at a session it sets it issues a judgment obliging the body to pay the enforcement requester, at his request, the amount it has determined, or canceling the fine or part of it.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 21 of the Saudi Enforcement Law before the Board of Grievances
When is the delay fine in enforcement settled?
When enforcement is completed or becomes impossible, or six months pass from the fine taking effect without enforcement being completed.
To whom is the fine paid?
The Circuit rules that the party against whom enforcement is sought must pay the enforcement requester, at his request, the amount it has determined.
Can the delay fine be canceled?
Yes. The Circuit may rule to cancel the fine or part of it.
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The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.