Controls for stopping services and their new conditions
Stopping services is a legal procedure regulated by the Saudi legislator to ensure the implementation of the financial obligations of individuals and the business sector, and comes as an effective tool to protect rights and control transactions. Despite the restrictions it may cause, its recent controls and amendments aim to achieve a balance between protecting the rights of creditors and preserving the basic rights of individuals and establishments.
Have you been issued a decision to stop services? Get a lawyer’s consultation now at the office of Attorney Abdul Majeed Al Rashid to find out your legal options and the steps to lift the suspension as soon as possible.
First: Definition of stopping services
Suspension of services is a regular procedure issued by a judicial or administrative order, which results in the suspension of some or all of the services provided to an individual or establishment by government agencies, as a means of obligating him to implement a financial or regular obligation.
This includes services such as: renewing national identity, driving licenses, passports, or some government electronic services.
Article (46) of the Enforcement Law stipulates that stopping services is one of the measures imposed on the debtor in the event of non-implementation within the specified period, in addition to other penalties such as travel ban, seizure of funds, and disclosure of bank accounts.
Second: The regulatory basis
The controls for stopping services in the Kingdom are based on a specific legal framework, to implement the procedure fairly and transparently, while balancing the preservation of rights and the implementation of obligations.
The Saudi Implementation System issued by Royal Decree No. (M/53) dated 8/13/1433 AH, and its amendments.
Circulars of the Ministry of Justice regarding controls for stopping services, especially Ministerial Circular No. (13/T/4892) dated 4/16/1439 AH and subsequent updates.
Third: Controls established for stopping services
Stopping services has specific controls for both individuals and the business sector
- General controls for individuals
The suspension may not cover all basic government services (such as education and treatment).
It should be limited to services that prevent the debtor from evading the fulfillment of his obligations.
The suspension shall be made by a reasoned judicial decision from the enforcement judge or the competent authority.
The debtor is given time to pay or settle before suspension.
- Controls for the business sector (companies and institutions)
Not all services are completely discontinued, but are limited to services related to the business.
Some services necessary for the continuation of the activity may be excluded so as not to harm employees or customers.
The entity is given a period of time to correct the situation or pay obligations.
Fourth: New amendments to the service suspension system
The system of stopping services in the Kingdom has witnessed important developments during the last two years, which came in response to the need to make it more gradual and clear, and reduce its negative effects on individuals and establishments, while achieving its legal goals.
Stop the total suspension of services and replace it with a partial suspension that precisely defines the suspended services.
Failure to include basic services such as health, education and work.
Approval of specific periods: The suspension of services does not continue indefinitely, but is subject to periodic review.
Gradual punishment: begins with warnings and partial detention before a comprehensive suspension.
Stages of stopping services according to the effect of stopping
Controls for stopping new services indicate that the procedure is carried out gradually through three stages graduated according to the impact, to ensure that the legal goal is achieved without harming the beneficiary:
Phase 1 – Stopping low-impact services
Includes new services that are not linked to an existing service or additional services that do not cause a material impact. — Maximum duration: 30 days.
Phase 2 – Stopping medium-impact services
Covers services that limit access to certain non-critical services. —Maximum duration: 30 days as well.
Phase 3 – Stopping high-impact services
Includes all services that may be discontinued, except for individuals’ national ID. It applies in the event of a serious breach of obligations without a deadline or response.
Fifth: Procedures for stopping services
After learning about the new controls and stages, it is important to understand the practical steps that go through the process of stopping services, from the issuance of the decision until its implementation.
Issuance of a decision by the competent authority (execution judge or administrative body).
Notifying the person or establishment of the decision and the reason for the suspension.
Give a deadline to correct the situation or pay.
Implementing the suspension by linking it to government electronic systems.
Sixth: Effects of stopping services
Stopping services has a direct impact on the ability of the person or establishment to complete some of their transactions, which constitutes a means of pressure to push them to settle their obligations.
Restricting an individual or entity’s ability to benefit from certain government services.
Pressure on the debtor or violator to comply with the regulations.
It does not affect basic rights such as the right to education, treatment or work.
Seventh: How to lift the suspension of services
The suspension of services is lifted by submitting a request to issue a lifting decision (46) through the Najez platform of the Ministry of Justice, after paying the amount due or reaching a settlement. Lifting may also be requested by submitting a grace period request for the executive bond by the enforcement applicant, a procedure that allows the debtor to be given additional time to fulfill its obligations, to temporarily suspend or lift certain service restrictions until the specified time limit expires.
How to request the issuance of a decision to lift 46 (by the executor against him)
Log in to the “Najez” platform via national access.
Enter the package “electronic services” then “implementation”.
Select your request from the list “Execution Requests”.
You must ensure that Resolution 46 has been issued in advance in the application stages at the top of the page as well as the application status “Implemented or “Completed”
Select “Request for further action” then “Request for a lifting decision (46)“.
Enter the reason for the request, upload the required documents, then “save and send”.
Your application will be reviewed and you will be notified of its status.
Submitting a grace period request for the executive bond (by the execution applicant)
Log in to the “Najez” platform via national access.
Enter the package “electronic services” then “implementation”.
Select your request from the list “Execution Requests”.
You must ensure that Resolution 46 has been issued in advance in the application stages at the top of the page as well as the application status “Implemented or “Completed”
Select “Request for further action” then “Postpone – Postpone the executive bond by the executor against him”
Choose the period
Finally, agree to the terms and send the application
If the request is approved, the suspension of services will be temporarily lifted within the specified period.
Controls for stopping services and their new conditions
How to inquire about stopping services?
You can inquire about stopping services using the Absher platform through the following steps:
Log in to the Absher platform for individuals or businesses.
Access to other services → Stopping services and travel restrictions.
Check the restrictions or decisions filed against you, and if there are no restrictions, a message will appear “There are no circulars registered against you in the system”.
When your services are stopped, you will receive a notification message from the Ministry of Justice (MOJ).
In the office of lawyer Abdul Majeed Al-Rasheed, an elite group of lawyers in enforcement cases carefully study your legal situation, review the suspension decision and its reasons, then take appropriate legal measures to request a lift or grace period, and follow them up before the enforcement court until the transaction is completed and the restrictions are lifted.
Conclusion
Stopping services is one of the executive procedures organized by the Saudi legislator to ensure the fulfillment of obligations, and with the recent amendments it has become more gradual and clear, while preserving the basic rights of individuals and establishments. This regulation aims to achieve a balance between enabling the competent authorities to collect rights, and reducing unjustified damages to beneficiaries and their dependents, by specifying periods, grading stages, and excluding basic services.
Some frequently asked questions about stopping services
Does stopping services include banks?
No, according to the controls for stopping new services, they do not include banks or bank accounts
Does stopping services prevent travel?
No, according to the new service suspension controls, the suspension does not include a travel ban.
How long do services continue to be stopped?
The period for stopping services in the first and second stages referred to above shall not exceed (30) days for each stage.
Does stopping services prevent obtaining a loan?
The impact of stopping services on the possibility of obtaining a loan varies from one bank to another, as approval depends on each financing entity’s policies and internal standards. Therefore, it is recommended to contact the bank directly.
Does traffic have the right to stop services?
No, it is prohibited to stop services due to a traffic accident and lack of insurance.
Stopping services How much salary is reserved?
It should be made clear that stopping services does not include deductions from salary.
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