Bylaws & Regulations of
Private Vocational Training Institutes and Centers
Ministerial Decision 380/98
Chapter One: Definitions & Goals
1. Definitions
Article (1): In application of the provisions of this regulation, the following
words and phrases shall have the meanings assigned to each of them, unless the context
requires otherwise.
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1.
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The Ministry
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The Ministry of Manpower.
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2.
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The Minister
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The Minister of Manpower.
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3.
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The Undersecretary
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The Undersecretary for Technical Education and Vocational Training
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4.
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Concerned Authority
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The Directorate General of Vocational standards and Curricula Development
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5.
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Founder
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The natural or corporate person who applies for a license to establish a private
training institution, in accordance with the terms and conditions stipulated in
this regulation
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6.
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Initial Approval
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Considering the founder qualified to establish a private vocational training center,
or institute, provided that he ( she) has fulfilled the specified terms and conditions
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7.
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Final Approval
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Considering the institute, or center qualified to organize vocational training courses
in specific specializations and levels, provided that they have met the set criteria
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8.
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Training Certificate
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The certificate which is endorsed by the concerned authority to be awarded to the
trainee
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9.
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Training Institutions
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A) Private vocational training institutes.
B) Private vocational training centers in the establishments
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10.
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Private Vocational Training Institutes
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The institutions established for the purpose of vocational training, as per the
terms and conditions mentioned in this regulation
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11.
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Private Vocational Training Centers
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The institutions established for the purpose of training, in accordance with the
provisions of the labor law
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12.
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Vocational Training Works
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The efforts extended to transfer theoretical, or practical knowledge and skills
of a specific occupation, or craft, or both during specific duration, or durations.
Academic education shall not be considered as part of vocational training
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13.
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Trainee
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The person who is tasked with training the trainees in his ( her) specialization
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14.
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Trainee
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Any person who is being trained at private vocational training institutes and centers
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15.
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Occupation/ Craft
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Any work which requires special skills which could be acquired through theoretical,
or practical training, or experience
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16.
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Trainee Register
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The basic document of the trainee, which includes all data relating to him ( her),
and the stages, factors and curricula of his training, the specified detailed skills,
his progress in training and the regular remarks of the authorized training and
technical staff
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17.
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Training Inspector
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The employees of the concerned authority, who check and follow up the training activity
and trainees.
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18.
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Commercial Programs
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The programs held in the fields of (administrative, financial and business sciences,
computer and IT etc.)
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19.
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Technical Programs
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The programs which have theoretical practical aspects in occupations ( Mechanics
Smithery Carpentry Electricity Construction Welding etc.)
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20.
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Crafts Programs
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The programs which have theoretical and practical aspects in crafts field (Household
economics Beautification Hairdressing Tailoring etc.)
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2. Goals
Article (2): This regulation is meant to regulate and control training processes
which are implemented in private vocational training institutes and centers, in
order to achieve the following:
- Availing the national manpower required by the Omani labor market in the various
economic, commercial, industrial and social fields.
- Developing the national manpower, according to the technical advancement to increase
productivity.
- Upgrading level of technical education and vocational training, through the application
of modern systems and developing training and qualification programs at the vocational
training institutes and centers.
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Chapter Two: Terms and Procedures of Establishing Private Vocational
Training Institutes
Article (3): Omani, or GCC establishments which apply for setting up vocational
training institutes, shall be registered at the Ministry of Commerce's commercial
register and shall be a member of Omani Chamber of Commerce and Industry ( OCCI),
in accordance with the procedures adopted. Such establishments shall be of no less
than Grade 2.
Article (4): The establishments intending to set up a private vocational
institute, as per the provisions of the above article, shall submit an application
to the concerned authority. The Application shall include the following:
- A copy of the commercial register of the establishment and a copy of the OCCI membership
certificate.
- The feasibility study of the project endorsed by a specialist office in the Sultanate
and an illustrative plan of the institute's internal system.
- Any information required by the concerned authority.
Article (5): Omani, or GCC individuals who apply for the practice of vocational
training activities by setting up a private institutes, shall fulfill the following
terms and conditions:
- Age must not be less than (18 years).
- Must enjoy complete legal capacity.
- He must not be a convict of a crime pertaining to honor, unless he has been rehabilitated.
- Must not have been punitively dismissed because of a conduct pertaining to honor,
or dishonesty.
- Must have a scientific qualification which shall not be less than the completion
certificate of the general secondary school, or its equivalent. The agent may exempt
the applicant from this requirement if there a justification for that exemption.
Article (6): The Individual who wish to establish an institute, in accordance
with the terms mentioned in article (5), shall submit an application to the concerned
authority. The application shall include the following documents.
- A copy of the ID, or passport and a personal photograph.
- A certificate of good conduct and behavior, issued by the Royal Oman Police, or
his employer, if his contract is governed by the civil service law (for Omanis),
or from the concerned authorities ( for GCC citizens.)
- A copy of the academic qualification, training courses and experience certificate,
if any.
- The feasibility study of the project endorsed by a specialist office in the Sultanate
and an illustrative plan of the internal system of the institute and an illustrative
plan of the headquarters
- Any information required by the concerned authority.
Article (7): The concerned authorities shall check the application and in
case it fulfils the terms and conditions included in this regulation, it prepares
a detailed memo and present it to the Director General who will look into the issue
of granting the founder an initial approval which shall be valid for six Month,
to complete the procedures required for setting up the institute. The Director General
may extend the period to another six Month, if it is necessary to do so, in accordance
with the justifications presented by the founder.
Article (8): The founder shall present to the concerned authority, during
the period mentioned in the previous article, an application for the final approval.
This application shall include the following:
- The commercial register certificate from the Ministry of Commerce and Industry and
the OCCI membership certificate.
- A copy of the ownership, or rent contract of the building designated for the institute.
- A list of the training courses to be held and copies of curricula and textbooks
of each course.
- A list of training and educational equipment and tools for each specialization.
- A list of the designations, qualifications and experiences of the administrative
and training staff.
- Required financial guarantees for the fulfillment of the institute's commitments,
as stipulated by the concerned authority, in the light of the feasibility study
which is endorsed by a specialist office in the Sultanate.
- A sample of the certificates which the institute intends to award to trainees.
- The concerned authorities` approval relating to the institute's headquarters.
Article (9): The concerned authority shall assess the institute, in terms
of the training, administrative and technical potentials and shall prepare a detailed
memo to be submitted to the Director General for the assessment approval and to
submit his recommendations to the Undersecretary. The final approval shall be granted
by a decision form the Minister based on a recommendation from the Undersecretary.
Article (10): If the founder fails to present required documents supporting
his application for the final approval, during the period of the initial approval,
this initial approval shall be null and void.
Article (11): After being granted the final approval, the institute shall
be assessed every five years.
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Chapter Three: Terms and Procedures of Setting up Private Vocational
Training Centers by Employers
Article (12): In accordance with the provisions of the labor law, the establishing
of a private vocational training center shall be subject to the following terms
and conditions:
- The applicant shall be one of those who fall under the definition of the employer,
according to the labor law.
- The establishing of the center shall be in the employer's headquarters, or at one
of the headquarters of employers who work in a similar industry and participate
together in establishing the center. The center may be established outside the headquarters
of the employer, after obtaining the approval of the concerned authority.
- The goal of establishing the center shall be the training of the employees of the
employer, or employers who participate in setting up the center.
- The availability of technical and materialist potentials, as set by the concerned
authority, in coordination with the Directorate General of Employment at the Ministry.
- The number of the center's administrative and technical staff shall not be less
than three full time members.
- The availability of a director ( center/ studies/ training)
- The availability of a trainer and program and curricula designer.
- The availability of a training supervisor.
Article (13): The employer, who intends to establish a vocational training
center, shall submit an application to the concerned authority. The application
shall be accompanied by the following documents:
- Copies of the commercial register of the establishment, the OCCI membership certificate
and a statement of the economic activities he is licensed to practice.
- A statement about the headquarters designated for the center and a copy of an illustrative
plan of the rooms and training and administration halls.
- The center's internal system which must include a statement of equipment and tools.
- A statement of the employees at the establishment ( Omanis/ non-Omanis), the establishment
plan for training and replacement of expatriates by the Omani manpower as endorsed
by the Directorate General of Employment at the Ministry.
- A list of designations of the administrative and training staff at the center.
Article (14): The concerned authority shall check the application and document
and if it fulfils the terms stipulated in article (12) of this regulation and after
reviewing the feasibility study , it shall prepare recommendations and submit them
to the Director General for the initial approval and to submit his recommendations
to the Undersecretary. The final approval shall be granted by a decision form the
Minister based on a recommendation from the Undersecretary.
Article (15): The employer who is licensed to establish a training center
according to the previous articles of this regulation, may not practice vocational
training activities which take the shape of a commercial project.
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Chapter Four: Administrative and Training Staff at Private Vocational
Training Centers
1. Administrative Organization
Article (16): The institute, or center shall have an explicit administrative
organizational structure which illustrates the designations and the tasks of the
following posts:
Director: Each institute, or center shall appoint a full time director to
administer its affairs, in accordance with the set goals. The director shall have
a university degree and an experience of no less than five years in the administration
field.
Administrative and technical employees: The institute, or center shall appoint
administrative and technical employees, as required to administer the work.
Article (17): The institute, or center may establish its own board and departments`
councils as required by the work.
Article (18): All scientific qualifications and experiences of employees
at the institute, or center shall be authenticated by the concerned authorities.
Training Staff:
Article (19): The institute, or center shall avail adequate number of training
staff, according to the following terms:
- Theoretical Studies: University degree, plus training, or teaching experience of
no less than five years in the specialization area.
- Practical Studies ( Craft and Technical): An after general secondary school three
year diploma and an experience of no less than three years in the specialization
area. Or an after general secondary school two year diploma and an experience of
no less than five years.
- The institute, or center may deputize trainers from another institute, or center,
upon the approval of the Directorate General of Employment at the Ministry and the
authority which employs the trainer, provided that the deputization period and training
courses in which the trainer will participate are specified.
- The institute, or center may recruit trainers from outside the Sultanate for short
periods upon the approval of Directorate General of Employment at the Ministry.
- The percentage of trainees to the training staff shall not be more than 1:15 for
practical and laboratory training and 1:20 for theoretical studies at each training
course.
- The load of each member of the training staff shall not be more than 25 hours per
week in theoretical studies and 30 hours in practical and theoretical training.
3. Training Plan and Curricula:
Article (20): The administration of the institute, or center shall draft
an annual training working plan ( specializations, distribution of the training
staff, admission affairs, registration and other activities) in the light of the
regulations endorsed by the concerned authority and shall obtain the approval of
the concerned authority for the plan before putting it into action. The plan shall
include:
- The duration of each training course. This duration shall not be less than 25 training
hours. The concerned authority shall define the maximum hours, according to the
nature of each training program.
- Programs, books and training material.
- Admission requirements.
- A list of training equipment, tools and aids to be used.
- The number of trainees proposed to join each training course.>
- The academic fees proposed to be paid by trainees in each course.
Article (21): The private vocational institutes and centers shall provide
the concerned authority with lists of trainees during the first week of each training
course.
Article (22): The institute, or center shall not amend the approved annual
training program, or the curricula, or educational material, or books before obtaining
the approval of the concerned authority.
Article (23): The institute, or center shall not hold any new training course
which is not listed in the approved annual training program, before obtaining the
approval of the concerned authority.
4. Assessment and Test System:
Article (24): The institute or center shall comply with the following:
- Application of the assessment and test method adopted by modern systems.
- Specifying the start and end timings of training courses, according to the completion
requirements of each course.
- Notifying the trainee on regular basis of his attainment level and his progress
in the training course.
- Awarding the trainees who have successfully completed training courses certificates
which must include the following data:
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- The expression " In the name of Allah, the compassionate, the merciful."
- The name of institute, or center and its logo ( if any) and the commercial registration
No.
- The institute, or center's license No. and the course approval No.
- The No. of certificate and its issuance date.
- The name of the trainee ( three names) and his tribe as mentioned in the ID card,
or passport.
- Type of course ( area/ specialization)
- Course level.
- Date of course start and end.
- Duration of course in hours.
- Result of trainee.
- Name of supervisor, or trainer, besides signature of the director and stamp of the
institute, or center.
* Graduation certificates awarded by institutes or centers shall be approved by
the concerned authority.
5. Buildings & Utilities
Article (25): The institute, or center shall have an independent headquarters
which must include a room for the director, rooms for the administrative and technical
and other staff, training classrooms and a reception area.
Area of the institute, or center: The land allocated for the institute, or
center shall fit its purposes and be adequate for the services required by trainees.
Teaching halls: The area allocated for each trainee in the teaching hall
shall not be less than 1,5 square meter.
Laboratories: The area allocated for each trainee in the lab shall not be
less than 3 square meter.
Workshops: The area allocated for each trainee in workshops shall not be
less than 4 square meter.
Library: The institute, or center shall provide trainees with a library.
Cafeteria: The institute, or center shall provide trainees with a cafeteria.
Medical Unit: The institute, or center shall provide required medical care
for emergency cases which inflict trainees during the training program. It is also
recommended to avail a nurse in technical and craft specializations, in case the
number of trainee exceeds 300.
Toilets: The institute, or center shall avail toilets for male and female
trainees, as well as the technical and administrative staff.
Healthy Drinking Water: The institute or center shall avail an adequate number
of healthy drinking water units.
It is preferred to allocate an additional hall for rest and prayers.
6. Machinery, Equipment and Educational Means:
Article (26):The institute, or center shall avail machinery, equipment and
various educational means required for training, as well as labs and workshops,
in accordance with the internationally adopted systems.
7. Registers and Files:
Article (27):The institute or center shall hold integrated data and statistics
about:
- Trainees and what relates to their admission, graduation, behavior and results of
their tests and works.
- Fees, revenues, expenses, budget and requirements.
- Personnel and what relates to their contracts, scientific certificates and other
required documents.
- Dealings that relate to the institute, or center's administration.
Article (28): The Undersecretary may exempt the vocational training institutes,
or centers from some of the provisions stipulated in this chapter.
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Chapter Five: General Supervision
Article (29): The Directorate General of Vocational Standards and Curricula
Development Shall supervise all training activities carried out by the institutes
and centers which are established by virtue of this regulation and shall practices
the following tasks:
- Study and approve the applications for opening private vocational training institutes,
or centers with their various specializations.
- Follow up the general policy relating to vocational training, in terms of its goals,
quantity and quality, in order to ensure the good progress of the training process.
Article (30): The institute or center may practice the following:
- Shift its headquarters to another building, provided that the new building meets
the terms stipulated by this regulation, after the approval of the concerned authority.
- Open branches for the institutes, or centers in other governorates and regions,
under the same terms and procedures for the establishing of institutes and centers.
Only one branch may be opened in each governorate, or region in the Sultanate.
Article (31): The institute or center may not add new specializations, without
obtaining the final approval of the concerned authority.
Article (32): The ministry shall receive the following fees:
- R.O. 100, in lieu of issuing the center, or institute's license certificate
to practice training works and on its annual renewal.
- R.O. 5, as an additional license renewal delay fee for each Month.
- R.O. 1 , in lieu of approval of each training certificate awarded to the
trainee.
- R.O. 5, in lieu of approval of each training course and upon its annual renewal.
Article (33): The vocational training centers shall be classified into four
groups as follows:
- First Group: It includes the specialist vocational training institutes and
centers in the areas of (administrative, financial, business, computer and IT sciences..
etc.
- Second Group: It includes specialist vocational training institutes and centers
in the areas of (mechanics, smithery, carpentry, construction .. etc.)
- Third Group: It includes specialist institutes in crafts fields (household
economy, hairdressing, tailoring, cooking.. etc.)
- The institutes may gather the specializations mentioned in more than one group in
one headquarters, in the light the approval of the concerned authority.
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Chapter Six: Offences and Penalties
Firstly: Offences
Article (34): The owner of the institute, or center and its director shall
be responsible before the Ministry about any acts which violate the provisions of
this regulation.
Article (35): Without prejudice to any penalty stipulated by the laws adopted
in the Sultanate, the provisions of article (43) of this regulation shall be applicable
on the following cases:
- If it is proved that the license to establish the institute, or center was based
incorrect data.
- If the activity of the institutes, or center was ceased for more than three Month,
without the approval of the concerned authority.
- If the administration of the institute, or center, or any of its personnel objects
to the entry of the delegates of the concerned authority, or if its administration
abstains from providing them with information, or availed them with incorrect information.
- If the institute, or center has committed grave mistakes and offences which result
in harming the health, ethics, educational and training aspects of trainees.
- If the institute, or center has not renewed the license within one Month of its
expiry.
Secondly: Penalties
Article (36): With the exception of the offences stipulated in article (35),
the concerned authority, before imposing the penalties stipulated in article (37),
shall issue the institute, or center a written warning to remove the offence, or
correct the situation during the period it sets for that.
Article (37): The Undersecretary may impost any of the following penalties:
- Cancel the training course, or courses which are considered an offence.
- Stop the training activity for not more than a year.
- Cancel the institute, or center license.
Article (38): The owner of the institute, or center may complain to the Minister
about a penalty within two weeks from the date he was notified of, and in this case
the Minister my cancel, or amend the penalty decision.
Article (39): In case the license is cancelled, the owner, Directorate General
of Employment and the Ministry of Commence and Industry shall be notified.
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Chapter Seven: General Provisions
Article (40): The institute's commercial name shall be approved by the private
sector training department, before being endorsed by the Ministry of Commerce and
Industry.
Article (41): The institute's license may not be transferred, unless upon
the approval of the Minister. The transferee shall meet the terms stipulated by
this regulation. The transferee shall not be granted a license during the first
five years following the transference date.
Article (42): In case of the death of the institute, or center's owner and
if no of his inheritors meets the terms mentioned in this regulation, the inheritors
shall within six Month appoint a deputy who meets the terms and he must be approved
by the Undersecretary. The inheritors shall have the right to maintain the commercial
ownership right, in accordance with the laws of the concerned authority.
Article (43): The owner of the institute or center may close the institute,
or center for a period of not more than 6 Month after notifying the private sector
training department and in case the period exceeds 3 Month, he must obtain the Undersecretary's
approval.
Article (44): If the owner of the institute, or center loses any of the terms
mentioned in this regulation, the license will deem cancelled. Nevertheless, it
may be transferred to another person provided that he fulfills the requirements
and after the approval of the Minister.
Article (45): The headquarters of the institute or the center may not be
used for any activities other than the licensed training ones.
Article (46): The existing vocational training institutes and centers shall
continue practicing their training activities provisionally and shall complete all
procedures and settle their positions, in accordance with the provisions of this
regulation within a year, otherwise their licenses shall deem cancelled.
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