/ Balances News / publish the text of the National Education Law
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BAGHDAD - balances News
I got / balances News / the text of the Private Education Act passed by the House of Representatives during its fifth legislative term of the first third legislative year, which was held today.
The following is the text of the law:
Based on what passed the House of Representatives and approved by the President of the Republic and according to the provisions of subsection (iv) of Article (34) and paragraph (First) of Article (61) and item (iii) of Article (73) of the Constitution
Issued the following law:
No. () for the year 2016
National Higher Education Act
Chapter One
Definitions, objectives and means
Article 1 - -
Intended expressions contained in this Law, against which the meanings indicated:
Law: Law of the National Higher Education.
Ministry: The Ministry of Higher Education and Scientific Research.
Minister: Minister of Higher Education and Scientific Research.
University, college or institute any civil university or college is linked to a civil or civil University Institute based in accordance with the provisions of this law.
National Council for Higher Education: is the highest scientific and administrative board oversees the National Education.
The university council, college or institute board is the highest scientific and administrative them.
The body was the institution of the university or college is associated with the University or Institute Ahli: The entity legally responsible for the completion and follow-up to the incorporation procedure.
Article - 2. This law aims to:
First, provide opportunities for university scholarships and upper primary (theoretical and practical) for the purpose of contributing to the events of the quantity and quality of changes in the scientific, cultural and educational movement in the Iraqi society.
Secondly, the dissemination of knowledge and development in Iraq.
Third, do scientific research and encourage the development of the scientific method and develop a sense of national belonging and a sense of responsibility and commitment to the national line based on the unity of the people and the homeland.
Article 3 National Institute seeking university or college, or to achieve the objectives of this law means the following:
First, the establishment of universities or colleges or private institutes enjoys moral personality and has financial and administrative independence, represented by university president or the dean of the faculty is associated with the University or the Dean of the Institute.
Second open branches of foreign universities sober in Baghdad and the region and governorates not organized in a region.
Chapter II
Incorporation
Article 4
I. The Council of Ministers on the proposal of the Minister of Higher Education and Scientific Research, and after completion of all the requirements of incorporation granting of the license university, college or institute any civil authorities of the following:
A campaign doctorate or master's retired or non-staff who are the rank of assistant professor at the least that no fewer than nine (9) members of the founding of the civil University and seven (7) members to establish a community college and (5) Five members of the founding Institute Ahli.
B. Scientific, scientific, educational and cultural competencies trade unions association, provided it meets the conditions mentioned in paragraph (a) of the first item Menhzh article.
Second is required in both sides provided for in paragraph (b) of item (i) of this Article shall be:
A position in Iraq and are not bound by foreign authorities outside Iraq.
B went on established for at least five (5) years.
C with a noticeable activity in the field of copyright.
D her contributions clear and positive in the development of higher education and scientific research through its participation in the serious and ongoing scientific and educational conferences inside and outside Iraq and seminars.
E of financial ability to create the requirements of the university or college and spending and may agree with others on the creation of requirements, including, without prejudice to the domestic legislation in force and guarantee the rights of parties to the agreement, that is determined by the requirements of all the instructions issued by the ministry.
III to be the university, college or institute financial ability to create and define the requirements of all the instructions issued by the ministry.
IV is not permitted to rent or use temporary buildings by the university, college or institute.
Article -5-
First. The Council of Ministers on the proposal of the minister and after the recommendation of the Council for Higher Education Ahli to approve the granting of foreign counterparts to those set forth in item (i / a- b) of Article (3) of this Act and foreign universities leave the establishment of a university, college or institute taking into account the following:
A. The proposed terms of reference be taught in universities, colleges and institutes of disciplines needed by Iraq's development process and identifies it from an ad hoc committee in the Ministry of Higher Education and Scientific Research, in coordination with the Ministry of Planning.
B The least number of teaching staff for nine (9) of the founding of the university and seven (7) of the founding of the college and (5) Five of the founding of the Institute, who are the rank of assistant professor at the least or equivalent, proven scientific competence through the archives provided by the relevant institutions in his country certified by the Representation of the Republic of Iraq, the Iraqi Foreign Ministry.
Second, the Ministry of Higher Education and Scientific Research Follow-up to the march of scientific and administrative university, according to the provisions of this law.
Article 6
First A request for the establishment of the university, college or institute to the Minister, together with the report after securing physical, human and scientific requirements, including building and libraries, laboratories and other necessary requirements under the conditions set by the ministry and that of not less than the total area of the (7500) seven thousand and five hundred square meters and each science department (2500), two thousand five hundred square meters
Second attached with the incorporation internal system include the following request:
A name of the university or college is associated with a university or institute-based goals.
B the financial resources of the university, college or institute.
C organizational structure of the university, college or institute.
D civil college and scientific sections or where branches.
H.astitut Ahli and departments or disciplines in it.
The number of faculty members on the permanent staffing at each college or institute and each section and each branch and their degrees and qualifications and their services earlier.
Z. work of faculty members structure.
H. any other matters governing the work of the university, college or institute.
Third, a minister shall forward the request of incorporation who fulfill the requirements set forth in items (i) and (ii) of this article, together with his opinion to the Council of Ministers within (60) days from the date of application.
Cabinet to decide on the request the establishment of the university, college or institute or not during the ninety (90) days from the date of registration of the application, in the absence of a decision on the request within the specified period of incorporation demand is implicitly accepted.
C. In the case of an application is rejected by the Council of Ministers of incorporation Vtalib his right of appeal to the Administrative Court within (30) days from the date of rejection of the application.
Article 7
The ministry meets from university, college or institute Ahli fee grant of incorporation vacation that determines the amount of a decision of the Council of Ministers and devolves into the public treasury of the state.
Article 8
First priority will be studying at university, college or institute a morning or evening or both, and that the Applicants must hold a junior high school diploma or its equivalent in the corresponding specific terms of reference in the public universities.
Second period of study are in university or college (4) four years of study at least gives the graduate the initial university degree (BA) in his jurisdiction.
Thirdly. The period of study for postgraduate studies in universities or community colleges, institutes of not less than:
-centen To study the masters.
-thelat Years to study for his doctorate.
Fourthly. The duration of the study at the institute two years at least and gives the Aotgueni graduate professional diploma in competence.
Article 9
The ministry to approve the creation of graduate programs at the university or college is linked to the University or the Institute after the availability of the material and scientific quality requirements and the terms of reference for rare and according to the needs of the country.
Chapter III
Supervision and Calendar
Article -10-
First university, college or institute Ahli are subject to the supervision and evaluation of the ministry to ensure the implementation of the goals set forth in this law and maintain the level of efficiency of performance required by the ministry to adopt the methods and formulas accepted in the university tradition.
Second, colleges or civil institutions of primary and graduate studies in the universities are subject to the relevant instructions and regulations in force in the Ministry of Higher Education and Scientific Research
Article 11
University and college and National Institute is committed to providing the ministry, including the following:
First minutes of the university council, college or institute.
Second quarterly and annual reports for scientific and educational process.
Third, success and failure and dropout rates.
Fourth any information required by the Ministry.
the fourth chapter
National Council of Higher Education
Article -12-
First formed in the Ministry Council called Center (National Council for Higher Education), the highest scientific and administrative body to oversee the National Education.
Second, the National Higher Education Council is composed of the following that both of them have the rank of assistant professor at the least:
A head of scientific supervision and evaluation system in the ministry or one of the agents commissioned by the ministry ................................ prime minister
B Five of the heads of the civil Universities and four of the deans of colleges is associated with the University, and two of the deans of institutes of civil, selected members elected ........................ .
C Director General of the Department of Studies and Planning and Follow-up .... members.
Dr.. Director General of the Department of Research and Development ................. members.
E director of the Department of National Education in the ministry .............. members.
And . Director of the Department of National Education in the Ministry of Higher Education and Scientific Research in Kurdistan .................................. members.
G. A representative of the international universities founder of the branch in Iraq to be chosen by election ................................... members.
Third, choose the Higher Education Council National Vice-Chairman from among its members and replace him during his absence.
Fourth President of the Council chooses Rapporteur from among the members of the National Council for Higher Education.
Article 13 The Board shall exercise the following tasks:
First proposal for private education plan in line with the plan of education in Iraq.
Secondly, the ratification of the annual higher education Ahli conditions.
Third, the ratification of the proposed number of students accepted each year at the university, college or institute.
Fourth approve the amount proposed by the university's annual tuition fees, college or institute and submit them to the ministry for approval.
Fifth ratification of the proposed curriculum of the university, college or institute after approval from the relevant sectoral bodies in the ministry.
Sixth ratification of the scientific promotions of faculty members in education Ahli after approval from the University Council or the College Board is associated with the University through committees upgrade.
Seventh recommendation to open universities and colleges provide Creation date after which conditions
Eighth recommend measures and means to ensure the safety performance of the university or college in all areas.
Ninth recommendation to transfer the college is associated with the University to the University.
X. ratification of the university president and assistant deans and relieving them set
Eleventh to express an opinion as being the ministry of matters relating to civil universities and colleges before making a decision in the matter.
Twelfth proposal to nominate representatives of private universities and colleges in the relevant sectoral bodies posed by the ministry.
Thirteenth provide follow-up and the development of school supplies to the university or college procedures.
Fourteenth follow scientific and educational supervision of private education affairs.
fifteenth. Creation date the formation of committees and in coordination with the Department of National Higher Education in the ministry.
Article 14
First meet the Higher Education Council Ahli invitation of the President once in at least every month or at the written request of one third of its members, if necessary, shall constitute a quorum of two thirds of members to attend and take decisions, recommendations and proposals by majority vote of those present at the equality of votes is likely to side, who voted with the president.
Second transcripts recorded in a special register signed by the Chairman of the Board and all the members.
Third, the Council sends its suggestions and recommendations to the oversight of scientific and calendar device within (15) fifteen days from the date of issue and make recommendations based in the case of non-objection, Minister of Higher Education and Scientific Research during the (15) fifteen days "from the date recorded in his office.
Chapter V
Formations university, college or college is associated with the University or Institute Ahli
First branch
the University
Article -15-
University consists of a number of colleges at least three, and may include centers for scientific research and administrative formations.
Article -16-
First. Constitute the Council of the League called (University Council), the highest administrative and scientific body in it.
Second, the University Council consists of the following:
A rector / president
B Assistant Rector for Academic Affairs / member
C. Assistant Rector for Administrative Affairs / member
D deans or heads of departments or branches
University where colleges / No members
e . A representative of the body was the institution of the university who are the conditions of the body was a member of the faculty members of public universities available and experienced / member
And a representative of the members of the board of teaching at the university is chosen through elections
Before the board of teaching at the university / member
G secretary of the University Council is appointed by the University Council / member
H. A representative of the students in the issues for students to be selected by election / member
Thirdly. He chooses rector of the faculty members at the university Board originally planned.
Fourthly . Deleted.
Article -17-
First, the University Council shall exercise the following tasks:
A setting requirements for admission.
B recommendation proposed numbers of students admitted at the beginning of each school year.
C recommending the adoption of the proposed curriculum and submit them to the ministry.
D approval requirements of providing education plan.
Its proposal for the amount of annual tuition fees.
And university funds management and investment and to dispose of them in accordance with the goals of the university.
G proposal assistant rector appointment.
H approve the appointment of deans and heads of departments or branches and exempting them.
I recommend the extension of the duration of the university president or irreplaceable service or excused nomination.
J loan faculty members and the extension of the term loan and terminated.
As granting graduate academic degrees.
For the adoption of scientific promotions of faculty members after coordination with the Department of Research and Development at the Ministry.
M recommendation to open a school within a civil university and submit them to the ministry.
N recommendation to open scientific departments or branches merged or abolished and submit them to the ministry.
Q approval of the annual budget and final accounts and conduct transfers between chapters.
P ratification of the Angels colleges or scientific departments.
P approval of the contract with the faculty members of the non-Iraqis, according to the regulations adopted by public universities exception of wage determination.
P approval of the contract with faculty members and other workers and determine their wages and bonuses and the acceptance of their resignations and termination.
S approval of the contract agreements with universities, colleges and scientific institutions dealing with scientific research inside and outside Iraq.
T stop the study in whole or in part, if necessary, for no more than seven (7) days of the news that is the Higher Education Council Ahli in the ministry with a statement of reasons for that.
Giving u money transferred to universities and colleges, scientific and educational institutions in Iraq, according to the law.
T. accept grants and donations, subsidies and bequests and endowment from inside and outside Iraq and in accordance with law.
The approval of the open sessions to teach foreign languages and continuing education courses
Second, the University Council to authorize some of his duties to the President of the university.
Article -18-
First appointed by the university president's nomination from the institution and the approval of the Minister for (4) four years, renewable once
Secondly required in the university president to be:
A Iraqis if the Iraqi university.
B holder of a doctoral degree or equivalent and rank of professor.
C known scientific Prusanth, known for his administrative efficiency.
D of specialists in the study of single departments or disciplines of the University.
Its full-time entirely to his work.
And it has a university service of not less than (10) ten years.
Thirdly The president of the university following tasks:
A presidency of the university council and the calling of the meeting and the implementation of its decisions and to represent the university imam of official bodies and non-official.
B Department of scientific, administrative and financial affairs of the university, according to the law.
C ordering assistant rector appointment.
D ordering the appointment of Dean of the College
E approve the appointment of Associate Dean, heads of departments and scientific disciplines.
And the signing of contracts and agreements associated with the approval of the University Council.
G ratify the decisions of the special cancellation and valuation and lease commissions, according to the law.
H dispatch members of the university inside and outside Iraq.
I recommend donated the funds transferred to the universities and colleges, scientific and educational institutions in Iraq.
J agree to exchange rewards to those who provide services to the university or contribute to its development.
Fourth to the university president to authorize some of his duties to his assistant and the deans and heads of departments, scientific and administrative branches in universities and colleges which do not exist.
V requires the Assistant President of the University must be:
A holder of a doctorate or equivalent rank and assistant professor at the least.
B known scientific Prusanth, known for his administrative efficiency
second branch
College
Article -19-
First formed in the Faculty Council called (the College Board), the highest administrative and scientific body in it.
Secondly, the College Board is composed of:
A college dean / head
B Associate Dean for Academic Affairs / Vice President
C Associate Dean for Administrative Affairs / member
D heads of scientific departments or heads of branches at colleges / members
e. Secretary of the College Board is appointed by the Faculty Council / Member
And. A representative of the faculty of not less rank for a tutor / Member
G. A representative of the students in the issues for students to be selected by election / Member
Third, Dean of the College chooses from among the faculty members of the Council scheduled
Article -20-
First Faculty Council shall exercise the following tasks:
A proposal for the admission requirements according to the scientific departments and follow-up implementation after approval.
B propose the number of students who accept at the beginning of each school year.
A proposal for opening branches in Jeddah and propose the development plans or merge or cancel sections or scientific disciplines.
D approve the plans in the scientific departments would invite visiting professors.
E propose plans for scientific and authoring, translation and publishing research.
And a proposal to provide education kits Plan
G propose curriculum changes that should be made to them in order to continuous Alterchin scientific case.
H curriculum distributed to the school years.
I propose tuition fees.
My college preparation Angels.
As the imposition of disciplinary sanctions on students and according to the instructions of discipline Tlbhnavz.
Propose a plan for cultural and scientific relations with colleges and public and private universities inside and outside Iraq.
M recommendation to grant academic degrees to graduates.
N assignment of scientific promotions of faculty members to the Committee on Scientific promotions in public universities for the purpose of recommending upgrading in preparation for submission to the Council of the University and after completing the upgrade procedure except Tdrisie branches of international universities.
Q recommendation to open the morning or evening courses for foreign language learning and continuing education courses.
Secondly, the College Board to authorize some of its functions to Brig.
Article -21- formed in the Ministry Central Commission for Scientific upgrades to faculty members at universities, colleges and institutes of civil accordance with the instructions issued by the Minister
Article -22- appointed dean of the faculty on the recommendation of the University Council and a decision of the president of the university for a period of (4) four years, renewable once required it to be:
First Iraqi.
Second, holder of a doctorate or equivalent rank and assistant professor at the least.
Third Prusanth known scientific and administrative efficiency.
Fourth of specialists in the study of single departments or disciplines of the College.
Fifth full-time entirely to his work.
Vi. It has a university service of not less than five (5) years.
Article -23-
The first dean of the faculty the following tasks:
a . Follow the course of study in college to achieve their goals and work on continuous Alterchin scientific, intellectual and educational situation.
B implementation of the College Board's decisions.
C approval of the recommendations of the boards of sections or branches.
Dr.. Approval of distribution of materials and units of study on quarterly faculty members and lecturers
E. Approval of the purchase or import of laboratory and scientific instruments, books and other supplies.
And to approve the recommendations of the committees formed at the college.
G to approve the disbursement rewards to those who provide services for college or contribute to its development.
H dispatching college employees inside Iraq.
Second, the dean of the faculty to authorize some of his duties to his assistant or head of department or head of the branch.
Third practiced department head Brigadier validity at universities that consists of sections.
Article -24-
Associate Dean of the faculty members hired at the college owners of not less than Grade for each teacher.
Section III
College is associated with the University of
Article -25-
First formed in community college is associated with the so-called Council of the University (the College Board), the highest administrative and scientific body in it.
Secondly, the College Board is composed of:
A college dean / head
B Associate Dean for Academic Affairs / member
C. Associate Dean for Administrative Affairs / member
D heads of academic departments or heads of branches / members
Its representative from the foundation of the college who meets the conditions of faculty member of the public universities / member
And. Secretary of the Faculty Council is appointed by the College / Board Member.
G. A representative of the body was teaching at the college.
H. A representative of the college students in the issues for students to be selected by election / members.
Third, Dean of the College chooses from among faculty members as Rapporteur for the Council.
Fourth deleted.
Article -26-
Faculty Council exercised and terms of reference of the functions and powers of the University Council provided for in Article 15 of this Law.
Article -27-
Appointed dean of the faculty is associated with the University and practiced his duties in accordance with the provisions set forth in Article 16 of this Law.
Article -28-
-23- Provisions of Article of this Act shall apply to the establishment of civil institutions.
Section IV
Section or the branch at the university or college is associated with the University of
Article -29-
College is made up of departments or disciplines and may include formations of scientific research and administrative formations.
Article -30-
First section or scientific Branch: is the scientific forming the basis of university education Ahli and managed by the Council of the Section or Branch Council and includes a number of lecturers from the campaign doctorate or master's or Maiedelhma who are college-owners of at least the number from seven (7) to be (5 ), five of them at least a doctorate, or equivalent, and be one of them the rank of assistant professor at the least.
Second section consists Council or the branch of the Council:
A department head or the head of the branch president
B faculty members who are on the faculty members Angel
Third chooses head of the department or branch of a member of the faculty council planned
Article -31-
The first board of the department or the branch the following tasks:
Including a recommendation needs section of the faculty members, lecturers and technicians and to invite visiting professors.
B approve scientific research projects submitted by members of the department or the branch or center and propose ways to accomplish.
C recommendation Ptedeid authoring, translation and publishing scientific research and attention to research students and to provide implementation requirements.
D implementation of the decisions of the university council or the college referred by Brig.
E authored scientific and educational committees according to the needs of the department.
And follow-up of scientific and technical developments and directing faculty members to modernize and develop the curriculum.
G discuss the study methods and vocabulary, textbooks and propose modified or altered in the light of the recommendations of the faculty members.
H overseeing the conduct of teaching methods and scalability.
We assess the level of performance of faculty members and employees of the department or branch.
My follow-up of scientific affairs for students at various stages of the study.
K propose a plan for the rehabilitation and development of scientific and administrative staffs.
Second, the board of the department or branch to authorize some of his duties to the head of the department or branch.
Article -32-
First nominated dean of the faculty at the college department head appointed by the consent of the president of the university and will nominate the dean of the faculty is associated with the University of head of department at the college are appointed with the approval of the Faculty Council 0
Secondly required in the head of the department or branch must be:
A holder of a doctorate or equivalent rank and assistant professor at the least
B known scientific Prusanth, known for his administrative competence
C of specialists in the department Affairs
D full-time entirely to his work
E has a university service of not less than five (5) years
Section V
Faculty
Article -33-
The body was composed of teaching:
First professors.
Second assistant professors.
Thirdly teachers.
Fourthly assistant teachers.
Fifthly. Equivalent scientific titles above in international universities.
Chapter six
Financial Provisions
Article -34-
The financial resources of a university or college are not related to the university or institute civil Ahli of the following:
First, the institution's contribution to it.
Second tuition fees.
Thirdly grants, according to the law, grants, subsidies and bequests and endowment.
Fourthly revenue resulting from the various activities.
Article -35-
University or college is associated with the University or Institute invest their funds movable and immovable property in line with the scientific and educational goals.
Article -36-
First meet the ministry of universities, colleges and institutes of civil annual fee of $ (3%) three percent of the total annual revenue of the university, college or institute.
Second distributes annual net financial savings to the university or college as follows:
A no more than (25%) of twenty-five percent-party organization that do not affect the obligations of the university, college or institute.
B at least (25%) of twenty-five percent to encourage scientific and authoring, translation and publishing research.
C cover the expenses of the expansion and development activity university, college or institute any other area would achieve its goals of remaining financial savings.
Article -37-
Exempt from customs duties imports university, college or institute of materials and the number of appliances and their parts and materials backup and legends, books and publications imported established in the plans and programs that serve their purpose, to be subject to the supervision and approval of the ministry.
Chapter VII
Sanctions
Article -37-
First Minister university or college is a warning associated with the University or Institute by the Department of notary or through newspaper and widespread in the case of proven violation required to remove the articles during a period of not more than ninety (90) days from the date Althblg warning.
Second, a minister suspend admission to the university, college or institute or a scientific section for a period not exceeding three (3) years at the violation of any of the provisions of this law.
B closes Minister section or scientific branch if you do not remove the violation within the period stipulated in item I of this article
C closes Minister section or scientific branch without warning in case of proven serious breach of the conditions required
Dr . The Minister may recommend to the Council of Ministers to close the university, college or institute in the case of non-violation is removed after a period of alarm over the passage of the suspension period mentioned above.
Thirdly, the Minister recommend to the Council of Ministers to cancel the vacation university, college or institute after a warning when there is evidence violating the required conditions and has a recommendation to cancel the license without warning in the case of evidence of a serious defect in the scientific aspects of the educational or non-compliance of targets established for it
Fourthly. Impose on the university, college or institute a fine of ten times the highest wages tuition updated each student has been accepted outside specified by the ministry's acceptance of the plan and multiply the fine according to the proportion of objectionable impact on the educational process and structures installed infrastructure in the admission controls or procedures that result in the granting of incorporation vacation .
Article -39-
The minister, according to the causing of the Higher Education Council Ahli recommendation denying a faculty member of the faculty at the university, college or institute a temporary period or final if committed an act contrary to the scientific or educational values and the injured party the right to challenge in court during the thirty (30) days from the date of notification.
Article -40
Olaama Cabinet decided to cancel the vacation university, college or institute ministry Vttoly managed in accordance with its internal procedures until he graduated last batch of students, and it has to be transferred students to universities, colleges or institutes civil similar to their studies and devolve their funds movable and immovable property after the liquidation of obligations and debts to the institution .
Secondly, if it decides to close the section or scientific branch according to the provisions of paragraphs (b) and (c) of clause (ii) of Article (35) of this law, the ministry Vttoly ensure the transfer of students to community colleges similar to complete their studies
Thirdly. University, college or institute resolve itself subject to approval by the Higher Education Council and Al-Ahli after he graduated last batch of students.
Chapter VIII
General and Final Provisions
Article -41-
The university, college or institute to provide dormitories for students, and are subject to supervision departments and follow-up ministry for a fee determined by the university, college or institute and the approval of the ministry.
Article -42-
The first certificates awarded by universities, colleges or institutes civil equivalent of certificates awarded by public universities, according to the provisions of this law.
Second, the ministry is committed to the support service for members of the university, college or institute to the relevant authorities inside and outside Iraq.
Article -43-
It may not be combined membership of the presidency or more of the Council of the University or Faculty Council at universities, colleges and institutes civil.
Article -44-
Universities, colleges and institutes of civil accounts subject to the control and audit of Supreme Audit.
Article -45-
Created fund called the system (pension fund faculty and staff at universities and community colleges, institutes) enjoys legal personality and financial and administrative independence and is represented by the President of the Council for Higher Education Ahli is being financed and exchange it according to the law of the Unified Retirement No. (9) for the year 2014 and the law of retirement and social security for workers No. (39) 1971.
Article -46-
The Minister on the recommendation of the Higher Education Council and the National College after evaluating is associated with the University converted into civil University after he graduated the first batch of study in which at least subject to the provisions of this law.
Article -47-
Olallowesar on the recommendation of the Higher Education Council Ahli to approve the loan of faculty services from public universities to universities, colleges and institutes eligibility to occupy the post of Chief University or the Dean of the College or the Dean of the Institute or the President of the scientific department or faculty member for five (5) years, renewable once
Second, the university or college offers or institute loan request to the job you want to share of the job before the start of the school year and whenever the need arises.
Thirdly. Required in the ministry decides to lend his services to the terms of appointment are available in the job share of the job to be in universities, colleges and institutes of civil under the Ministry of Higher Education and Scientific Research Law No. (40) for the year 1988.
Fourthly. The ministry takes into account when making a decision seconded teaching services must fill the vacancy in the office or administrative competence or scientific.
Fifth League, college or institute apologize reasoned decision on the acceptance of the ministry decides loaning his services and ask the ministry to reconsider its decision.
Sixth bear university, college or institute salary loaned his services and financial allocations and privileges and pension deductions Almguetdhah.
Seventh universities, colleges and institutes of civil use of retired professors and faculty members at public universities and experts in government departments for lecturing or benefit from their experience in achieving its goals on the aggregated entities that belong to it for non-retired consent.
VIII. Universities, colleges and institutes of civil request seconded faculty members services at public universities and the ministry formations on the aggregated approval of the Ministry and provide for the payment of wages not less than their counterparts in government colleges and ensures arrests deduct pension, tax and sent to the competent authorities
IX. At universities, colleges and institutes to adopt civil administrative structure adopted in the public universities and distracting administrative functions on the permanent staffing studies in the morning and evening, according to the Civil Service Act No. 24 of 1960 average.
Article -48-
First, define the instructions of the meetings of councils stipulated in Articles dates (14) and (17) and (23) of this law and the functioning of the session and achieved a quorum of two thirds of the members present for
Second, make decisions and recommendations by majority vote of the members present and in case of equal likely side who voted him president
Thirdly recorded minutes of meetings in a special register signed by the President and Secretary of the Council and its members
Fourthly a University Council sends its decisions and recommendations to the ministry within (15) fifteen days from the date of the meetings, and prepare the decisions and recommendations based in the absence of objection during the thirty (30) days from the date of its registration at the ministry record
By raising the Faculty Council Minutes of a meeting during the ten (10) days from the date held to the head of the university is the decisions, recommendations and proposals of the Faculty Council, based in the absence of objections on them during the (15) fifteen days from the date of its registration at the Ward university record
C followed by the Faculty Council is linked to the work style of the University Council at the University.
Article -49-
Universities, colleges and institutes created by the official authorities, except military and security, including the supervision and evaluation of the ministry subject
Article -50-
Service accounted for teaching at the university or college civil civil or National Institute of university service for the purposes of scientific promotion, promotion, retirement
Article -51-
State Plots for sale universities, colleges or institutes in accordance with the civil law on the sale and lease of state property No. 21 of 2013.
Article -52-
Head of Department tasks in college or in college determines is associated with a university or institute an internal system, according to the regulations in force in the government colleges and institutes.
Article -53-
Shall not be any action on opening university, college, my parents Institute to accept students with certificates or equivalent prior to the approval of the Cabinet and the authorities bear responsibility for that violation.
Article -54-
Applicable laws and regulations and the regulations of the Ministry of Higher Education and Scientific Research in respect of each case in which the text was not made in this law.
Article -55-
The Ministry of Higher Education and Scientific Research universities recognize civil institution in the province of Kurdistan and licensed under the Private Universities Law No. (2) for the year 2013 in the region in the event of compliance with the terms and conditions set forth in this law.
Article -56-
First repealed universities and colleges Law No. (13) of 1996 and the remaining instructions issued pursuant thereto window until the issuance of the replaced or repealed and colleges institution under its provisions adapt their positions in line with the provisions of this law.
Second it repealed the decision of the Revolutionary Command Council (degenerate) No. (17) at the 03/09/1997.
Article -57-
Ola.aly the relevant authorities to issue regulations and instructions to facilitate the implementation of the provisions of this law.
Second. The Ministry shall issue instructions to adapting the conditions of colleges, universities and institutes of higher studies and approved by the Council of Ministers before the issuance of this law.
Third: The Ministry of Education to organize and address all matters relating to the branches of private universities recognized in the regions and provinces irregular province in accordance with the provisions of this law.
Article -58-
This law will be effective once it is published in the formal newspaper .
The reasons
Furtherance of scientific prestige for universities, colleges and institutes of civil so as to ensure the achievement of its goals by giving scientific independence and flexibility of evolution and creativity to make them a special type of higher education and scientific research in Iraq while ensuring a sober scientific level of its graduates through scientific supervision of the Ministry of Higher Education and Scientific Research on them, and in order to determine the controls that establish and define which configurations and conditions of the scientific and administrative bodies and foundations followed by the administration in its affairs guided by scientific university sedentary tradition.
Initiated this law.
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Since 26/07/2016 16:06 pm (Baghdad time)
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BAGHDAD - balances News
I got / balances News / the text of the Private Education Act passed by the House of Representatives during its fifth legislative term of the first third legislative year, which was held today.
The following is the text of the law:
Based on what passed the House of Representatives and approved by the President of the Republic and according to the provisions of subsection (iv) of Article (34) and paragraph (First) of Article (61) and item (iii) of Article (73) of the Constitution
Issued the following law:
No. () for the year 2016
National Higher Education Act
Chapter One
Definitions, objectives and means
Article 1 - -
Intended expressions contained in this Law, against which the meanings indicated:
Law: Law of the National Higher Education.
Ministry: The Ministry of Higher Education and Scientific Research.
Minister: Minister of Higher Education and Scientific Research.
University, college or institute any civil university or college is linked to a civil or civil University Institute based in accordance with the provisions of this law.
National Council for Higher Education: is the highest scientific and administrative board oversees the National Education.
The university council, college or institute board is the highest scientific and administrative them.
The body was the institution of the university or college is associated with the University or Institute Ahli: The entity legally responsible for the completion and follow-up to the incorporation procedure.
Article - 2. This law aims to:
First, provide opportunities for university scholarships and upper primary (theoretical and practical) for the purpose of contributing to the events of the quantity and quality of changes in the scientific, cultural and educational movement in the Iraqi society.
Secondly, the dissemination of knowledge and development in Iraq.
Third, do scientific research and encourage the development of the scientific method and develop a sense of national belonging and a sense of responsibility and commitment to the national line based on the unity of the people and the homeland.
Article 3 National Institute seeking university or college, or to achieve the objectives of this law means the following:
First, the establishment of universities or colleges or private institutes enjoys moral personality and has financial and administrative independence, represented by university president or the dean of the faculty is associated with the University or the Dean of the Institute.
Second open branches of foreign universities sober in Baghdad and the region and governorates not organized in a region.
Chapter II
Incorporation
Article 4
I. The Council of Ministers on the proposal of the Minister of Higher Education and Scientific Research, and after completion of all the requirements of incorporation granting of the license university, college or institute any civil authorities of the following:
A campaign doctorate or master's retired or non-staff who are the rank of assistant professor at the least that no fewer than nine (9) members of the founding of the civil University and seven (7) members to establish a community college and (5) Five members of the founding Institute Ahli.
B. Scientific, scientific, educational and cultural competencies trade unions association, provided it meets the conditions mentioned in paragraph (a) of the first item Menhzh article.
Second is required in both sides provided for in paragraph (b) of item (i) of this Article shall be:
A position in Iraq and are not bound by foreign authorities outside Iraq.
B went on established for at least five (5) years.
C with a noticeable activity in the field of copyright.
D her contributions clear and positive in the development of higher education and scientific research through its participation in the serious and ongoing scientific and educational conferences inside and outside Iraq and seminars.
E of financial ability to create the requirements of the university or college and spending and may agree with others on the creation of requirements, including, without prejudice to the domestic legislation in force and guarantee the rights of parties to the agreement, that is determined by the requirements of all the instructions issued by the ministry.
III to be the university, college or institute financial ability to create and define the requirements of all the instructions issued by the ministry.
IV is not permitted to rent or use temporary buildings by the university, college or institute.
Article -5-
First. The Council of Ministers on the proposal of the minister and after the recommendation of the Council for Higher Education Ahli to approve the granting of foreign counterparts to those set forth in item (i / a- b) of Article (3) of this Act and foreign universities leave the establishment of a university, college or institute taking into account the following:
A. The proposed terms of reference be taught in universities, colleges and institutes of disciplines needed by Iraq's development process and identifies it from an ad hoc committee in the Ministry of Higher Education and Scientific Research, in coordination with the Ministry of Planning.
B The least number of teaching staff for nine (9) of the founding of the university and seven (7) of the founding of the college and (5) Five of the founding of the Institute, who are the rank of assistant professor at the least or equivalent, proven scientific competence through the archives provided by the relevant institutions in his country certified by the Representation of the Republic of Iraq, the Iraqi Foreign Ministry.
Second, the Ministry of Higher Education and Scientific Research Follow-up to the march of scientific and administrative university, according to the provisions of this law.
Article 6
First A request for the establishment of the university, college or institute to the Minister, together with the report after securing physical, human and scientific requirements, including building and libraries, laboratories and other necessary requirements under the conditions set by the ministry and that of not less than the total area of the (7500) seven thousand and five hundred square meters and each science department (2500), two thousand five hundred square meters
Second attached with the incorporation internal system include the following request:
A name of the university or college is associated with a university or institute-based goals.
B the financial resources of the university, college or institute.
C organizational structure of the university, college or institute.
D civil college and scientific sections or where branches.
H.astitut Ahli and departments or disciplines in it.
The number of faculty members on the permanent staffing at each college or institute and each section and each branch and their degrees and qualifications and their services earlier.
Z. work of faculty members structure.
H. any other matters governing the work of the university, college or institute.
Third, a minister shall forward the request of incorporation who fulfill the requirements set forth in items (i) and (ii) of this article, together with his opinion to the Council of Ministers within (60) days from the date of application.
Cabinet to decide on the request the establishment of the university, college or institute or not during the ninety (90) days from the date of registration of the application, in the absence of a decision on the request within the specified period of incorporation demand is implicitly accepted.
C. In the case of an application is rejected by the Council of Ministers of incorporation Vtalib his right of appeal to the Administrative Court within (30) days from the date of rejection of the application.
Article 7
The ministry meets from university, college or institute Ahli fee grant of incorporation vacation that determines the amount of a decision of the Council of Ministers and devolves into the public treasury of the state.
Article 8
First priority will be studying at university, college or institute a morning or evening or both, and that the Applicants must hold a junior high school diploma or its equivalent in the corresponding specific terms of reference in the public universities.
Second period of study are in university or college (4) four years of study at least gives the graduate the initial university degree (BA) in his jurisdiction.
Thirdly. The period of study for postgraduate studies in universities or community colleges, institutes of not less than:
-centen To study the masters.
-thelat Years to study for his doctorate.
Fourthly. The duration of the study at the institute two years at least and gives the Aotgueni graduate professional diploma in competence.
Article 9
The ministry to approve the creation of graduate programs at the university or college is linked to the University or the Institute after the availability of the material and scientific quality requirements and the terms of reference for rare and according to the needs of the country.
Chapter III
Supervision and Calendar
Article -10-
First university, college or institute Ahli are subject to the supervision and evaluation of the ministry to ensure the implementation of the goals set forth in this law and maintain the level of efficiency of performance required by the ministry to adopt the methods and formulas accepted in the university tradition.
Second, colleges or civil institutions of primary and graduate studies in the universities are subject to the relevant instructions and regulations in force in the Ministry of Higher Education and Scientific Research
Article 11
University and college and National Institute is committed to providing the ministry, including the following:
First minutes of the university council, college or institute.
Second quarterly and annual reports for scientific and educational process.
Third, success and failure and dropout rates.
Fourth any information required by the Ministry.
the fourth chapter
National Council of Higher Education
Article -12-
First formed in the Ministry Council called Center (National Council for Higher Education), the highest scientific and administrative body to oversee the National Education.
Second, the National Higher Education Council is composed of the following that both of them have the rank of assistant professor at the least:
A head of scientific supervision and evaluation system in the ministry or one of the agents commissioned by the ministry ................................ prime minister
B Five of the heads of the civil Universities and four of the deans of colleges is associated with the University, and two of the deans of institutes of civil, selected members elected ........................ .
C Director General of the Department of Studies and Planning and Follow-up .... members.
Dr.. Director General of the Department of Research and Development ................. members.
E director of the Department of National Education in the ministry .............. members.
And . Director of the Department of National Education in the Ministry of Higher Education and Scientific Research in Kurdistan .................................. members.
G. A representative of the international universities founder of the branch in Iraq to be chosen by election ................................... members.
Third, choose the Higher Education Council National Vice-Chairman from among its members and replace him during his absence.
Fourth President of the Council chooses Rapporteur from among the members of the National Council for Higher Education.
Article 13 The Board shall exercise the following tasks:
First proposal for private education plan in line with the plan of education in Iraq.
Secondly, the ratification of the annual higher education Ahli conditions.
Third, the ratification of the proposed number of students accepted each year at the university, college or institute.
Fourth approve the amount proposed by the university's annual tuition fees, college or institute and submit them to the ministry for approval.
Fifth ratification of the proposed curriculum of the university, college or institute after approval from the relevant sectoral bodies in the ministry.
Sixth ratification of the scientific promotions of faculty members in education Ahli after approval from the University Council or the College Board is associated with the University through committees upgrade.
Seventh recommendation to open universities and colleges provide Creation date after which conditions
Eighth recommend measures and means to ensure the safety performance of the university or college in all areas.
Ninth recommendation to transfer the college is associated with the University to the University.
X. ratification of the university president and assistant deans and relieving them set
Eleventh to express an opinion as being the ministry of matters relating to civil universities and colleges before making a decision in the matter.
Twelfth proposal to nominate representatives of private universities and colleges in the relevant sectoral bodies posed by the ministry.
Thirteenth provide follow-up and the development of school supplies to the university or college procedures.
Fourteenth follow scientific and educational supervision of private education affairs.
fifteenth. Creation date the formation of committees and in coordination with the Department of National Higher Education in the ministry.
Article 14
First meet the Higher Education Council Ahli invitation of the President once in at least every month or at the written request of one third of its members, if necessary, shall constitute a quorum of two thirds of members to attend and take decisions, recommendations and proposals by majority vote of those present at the equality of votes is likely to side, who voted with the president.
Second transcripts recorded in a special register signed by the Chairman of the Board and all the members.
Third, the Council sends its suggestions and recommendations to the oversight of scientific and calendar device within (15) fifteen days from the date of issue and make recommendations based in the case of non-objection, Minister of Higher Education and Scientific Research during the (15) fifteen days "from the date recorded in his office.
Chapter V
Formations university, college or college is associated with the University or Institute Ahli
First branch
the University
Article -15-
University consists of a number of colleges at least three, and may include centers for scientific research and administrative formations.
Article -16-
First. Constitute the Council of the League called (University Council), the highest administrative and scientific body in it.
Second, the University Council consists of the following:
A rector / president
B Assistant Rector for Academic Affairs / member
C. Assistant Rector for Administrative Affairs / member
D deans or heads of departments or branches
University where colleges / No members
e . A representative of the body was the institution of the university who are the conditions of the body was a member of the faculty members of public universities available and experienced / member
And a representative of the members of the board of teaching at the university is chosen through elections
Before the board of teaching at the university / member
G secretary of the University Council is appointed by the University Council / member
H. A representative of the students in the issues for students to be selected by election / member
Thirdly. He chooses rector of the faculty members at the university Board originally planned.
Fourthly . Deleted.
Article -17-
First, the University Council shall exercise the following tasks:
A setting requirements for admission.
B recommendation proposed numbers of students admitted at the beginning of each school year.
C recommending the adoption of the proposed curriculum and submit them to the ministry.
D approval requirements of providing education plan.
Its proposal for the amount of annual tuition fees.
And university funds management and investment and to dispose of them in accordance with the goals of the university.
G proposal assistant rector appointment.
H approve the appointment of deans and heads of departments or branches and exempting them.
I recommend the extension of the duration of the university president or irreplaceable service or excused nomination.
J loan faculty members and the extension of the term loan and terminated.
As granting graduate academic degrees.
For the adoption of scientific promotions of faculty members after coordination with the Department of Research and Development at the Ministry.
M recommendation to open a school within a civil university and submit them to the ministry.
N recommendation to open scientific departments or branches merged or abolished and submit them to the ministry.
Q approval of the annual budget and final accounts and conduct transfers between chapters.
P ratification of the Angels colleges or scientific departments.
P approval of the contract with the faculty members of the non-Iraqis, according to the regulations adopted by public universities exception of wage determination.
P approval of the contract with faculty members and other workers and determine their wages and bonuses and the acceptance of their resignations and termination.
S approval of the contract agreements with universities, colleges and scientific institutions dealing with scientific research inside and outside Iraq.
T stop the study in whole or in part, if necessary, for no more than seven (7) days of the news that is the Higher Education Council Ahli in the ministry with a statement of reasons for that.
Giving u money transferred to universities and colleges, scientific and educational institutions in Iraq, according to the law.
T. accept grants and donations, subsidies and bequests and endowment from inside and outside Iraq and in accordance with law.
The approval of the open sessions to teach foreign languages and continuing education courses
Second, the University Council to authorize some of his duties to the President of the university.
Article -18-
First appointed by the university president's nomination from the institution and the approval of the Minister for (4) four years, renewable once
Secondly required in the university president to be:
A Iraqis if the Iraqi university.
B holder of a doctoral degree or equivalent and rank of professor.
C known scientific Prusanth, known for his administrative efficiency.
D of specialists in the study of single departments or disciplines of the University.
Its full-time entirely to his work.
And it has a university service of not less than (10) ten years.
Thirdly The president of the university following tasks:
A presidency of the university council and the calling of the meeting and the implementation of its decisions and to represent the university imam of official bodies and non-official.
B Department of scientific, administrative and financial affairs of the university, according to the law.
C ordering assistant rector appointment.
D ordering the appointment of Dean of the College
E approve the appointment of Associate Dean, heads of departments and scientific disciplines.
And the signing of contracts and agreements associated with the approval of the University Council.
G ratify the decisions of the special cancellation and valuation and lease commissions, according to the law.
H dispatch members of the university inside and outside Iraq.
I recommend donated the funds transferred to the universities and colleges, scientific and educational institutions in Iraq.
J agree to exchange rewards to those who provide services to the university or contribute to its development.
Fourth to the university president to authorize some of his duties to his assistant and the deans and heads of departments, scientific and administrative branches in universities and colleges which do not exist.
V requires the Assistant President of the University must be:
A holder of a doctorate or equivalent rank and assistant professor at the least.
B known scientific Prusanth, known for his administrative efficiency
second branch
College
Article -19-
First formed in the Faculty Council called (the College Board), the highest administrative and scientific body in it.
Secondly, the College Board is composed of:
A college dean / head
B Associate Dean for Academic Affairs / Vice President
C Associate Dean for Administrative Affairs / member
D heads of scientific departments or heads of branches at colleges / members
e. Secretary of the College Board is appointed by the Faculty Council / Member
And. A representative of the faculty of not less rank for a tutor / Member
G. A representative of the students in the issues for students to be selected by election / Member
Third, Dean of the College chooses from among the faculty members of the Council scheduled
Article -20-
First Faculty Council shall exercise the following tasks:
A proposal for the admission requirements according to the scientific departments and follow-up implementation after approval.
B propose the number of students who accept at the beginning of each school year.
A proposal for opening branches in Jeddah and propose the development plans or merge or cancel sections or scientific disciplines.
D approve the plans in the scientific departments would invite visiting professors.
E propose plans for scientific and authoring, translation and publishing research.
And a proposal to provide education kits Plan
G propose curriculum changes that should be made to them in order to continuous Alterchin scientific case.
H curriculum distributed to the school years.
I propose tuition fees.
My college preparation Angels.
As the imposition of disciplinary sanctions on students and according to the instructions of discipline Tlbhnavz.
Propose a plan for cultural and scientific relations with colleges and public and private universities inside and outside Iraq.
M recommendation to grant academic degrees to graduates.
N assignment of scientific promotions of faculty members to the Committee on Scientific promotions in public universities for the purpose of recommending upgrading in preparation for submission to the Council of the University and after completing the upgrade procedure except Tdrisie branches of international universities.
Q recommendation to open the morning or evening courses for foreign language learning and continuing education courses.
Secondly, the College Board to authorize some of its functions to Brig.
Article -21- formed in the Ministry Central Commission for Scientific upgrades to faculty members at universities, colleges and institutes of civil accordance with the instructions issued by the Minister
Article -22- appointed dean of the faculty on the recommendation of the University Council and a decision of the president of the university for a period of (4) four years, renewable once required it to be:
First Iraqi.
Second, holder of a doctorate or equivalent rank and assistant professor at the least.
Third Prusanth known scientific and administrative efficiency.
Fourth of specialists in the study of single departments or disciplines of the College.
Fifth full-time entirely to his work.
Vi. It has a university service of not less than five (5) years.
Article -23-
The first dean of the faculty the following tasks:
a . Follow the course of study in college to achieve their goals and work on continuous Alterchin scientific, intellectual and educational situation.
B implementation of the College Board's decisions.
C approval of the recommendations of the boards of sections or branches.
Dr.. Approval of distribution of materials and units of study on quarterly faculty members and lecturers
E. Approval of the purchase or import of laboratory and scientific instruments, books and other supplies.
And to approve the recommendations of the committees formed at the college.
G to approve the disbursement rewards to those who provide services for college or contribute to its development.
H dispatching college employees inside Iraq.
Second, the dean of the faculty to authorize some of his duties to his assistant or head of department or head of the branch.
Third practiced department head Brigadier validity at universities that consists of sections.
Article -24-
Associate Dean of the faculty members hired at the college owners of not less than Grade for each teacher.
Section III
College is associated with the University of
Article -25-
First formed in community college is associated with the so-called Council of the University (the College Board), the highest administrative and scientific body in it.
Secondly, the College Board is composed of:
A college dean / head
B Associate Dean for Academic Affairs / member
C. Associate Dean for Administrative Affairs / member
D heads of academic departments or heads of branches / members
Its representative from the foundation of the college who meets the conditions of faculty member of the public universities / member
And. Secretary of the Faculty Council is appointed by the College / Board Member.
G. A representative of the body was teaching at the college.
H. A representative of the college students in the issues for students to be selected by election / members.
Third, Dean of the College chooses from among faculty members as Rapporteur for the Council.
Fourth deleted.
Article -26-
Faculty Council exercised and terms of reference of the functions and powers of the University Council provided for in Article 15 of this Law.
Article -27-
Appointed dean of the faculty is associated with the University and practiced his duties in accordance with the provisions set forth in Article 16 of this Law.
Article -28-
-23- Provisions of Article of this Act shall apply to the establishment of civil institutions.
Section IV
Section or the branch at the university or college is associated with the University of
Article -29-
College is made up of departments or disciplines and may include formations of scientific research and administrative formations.
Article -30-
First section or scientific Branch: is the scientific forming the basis of university education Ahli and managed by the Council of the Section or Branch Council and includes a number of lecturers from the campaign doctorate or master's or Maiedelhma who are college-owners of at least the number from seven (7) to be (5 ), five of them at least a doctorate, or equivalent, and be one of them the rank of assistant professor at the least.
Second section consists Council or the branch of the Council:
A department head or the head of the branch president
B faculty members who are on the faculty members Angel
Third chooses head of the department or branch of a member of the faculty council planned
Article -31-
The first board of the department or the branch the following tasks:
Including a recommendation needs section of the faculty members, lecturers and technicians and to invite visiting professors.
B approve scientific research projects submitted by members of the department or the branch or center and propose ways to accomplish.
C recommendation Ptedeid authoring, translation and publishing scientific research and attention to research students and to provide implementation requirements.
D implementation of the decisions of the university council or the college referred by Brig.
E authored scientific and educational committees according to the needs of the department.
And follow-up of scientific and technical developments and directing faculty members to modernize and develop the curriculum.
G discuss the study methods and vocabulary, textbooks and propose modified or altered in the light of the recommendations of the faculty members.
H overseeing the conduct of teaching methods and scalability.
We assess the level of performance of faculty members and employees of the department or branch.
My follow-up of scientific affairs for students at various stages of the study.
K propose a plan for the rehabilitation and development of scientific and administrative staffs.
Second, the board of the department or branch to authorize some of his duties to the head of the department or branch.
Article -32-
First nominated dean of the faculty at the college department head appointed by the consent of the president of the university and will nominate the dean of the faculty is associated with the University of head of department at the college are appointed with the approval of the Faculty Council 0
Secondly required in the head of the department or branch must be:
A holder of a doctorate or equivalent rank and assistant professor at the least
B known scientific Prusanth, known for his administrative competence
C of specialists in the department Affairs
D full-time entirely to his work
E has a university service of not less than five (5) years
Section V
Faculty
Article -33-
The body was composed of teaching:
First professors.
Second assistant professors.
Thirdly teachers.
Fourthly assistant teachers.
Fifthly. Equivalent scientific titles above in international universities.
Chapter six
Financial Provisions
Article -34-
The financial resources of a university or college are not related to the university or institute civil Ahli of the following:
First, the institution's contribution to it.
Second tuition fees.
Thirdly grants, according to the law, grants, subsidies and bequests and endowment.
Fourthly revenue resulting from the various activities.
Article -35-
University or college is associated with the University or Institute invest their funds movable and immovable property in line with the scientific and educational goals.
Article -36-
First meet the ministry of universities, colleges and institutes of civil annual fee of $ (3%) three percent of the total annual revenue of the university, college or institute.
Second distributes annual net financial savings to the university or college as follows:
A no more than (25%) of twenty-five percent-party organization that do not affect the obligations of the university, college or institute.
B at least (25%) of twenty-five percent to encourage scientific and authoring, translation and publishing research.
C cover the expenses of the expansion and development activity university, college or institute any other area would achieve its goals of remaining financial savings.
Article -37-
Exempt from customs duties imports university, college or institute of materials and the number of appliances and their parts and materials backup and legends, books and publications imported established in the plans and programs that serve their purpose, to be subject to the supervision and approval of the ministry.
Chapter VII
Sanctions
Article -37-
First Minister university or college is a warning associated with the University or Institute by the Department of notary or through newspaper and widespread in the case of proven violation required to remove the articles during a period of not more than ninety (90) days from the date Althblg warning.
Second, a minister suspend admission to the university, college or institute or a scientific section for a period not exceeding three (3) years at the violation of any of the provisions of this law.
B closes Minister section or scientific branch if you do not remove the violation within the period stipulated in item I of this article
C closes Minister section or scientific branch without warning in case of proven serious breach of the conditions required
Dr . The Minister may recommend to the Council of Ministers to close the university, college or institute in the case of non-violation is removed after a period of alarm over the passage of the suspension period mentioned above.
Thirdly, the Minister recommend to the Council of Ministers to cancel the vacation university, college or institute after a warning when there is evidence violating the required conditions and has a recommendation to cancel the license without warning in the case of evidence of a serious defect in the scientific aspects of the educational or non-compliance of targets established for it
Fourthly. Impose on the university, college or institute a fine of ten times the highest wages tuition updated each student has been accepted outside specified by the ministry's acceptance of the plan and multiply the fine according to the proportion of objectionable impact on the educational process and structures installed infrastructure in the admission controls or procedures that result in the granting of incorporation vacation .
Article -39-
The minister, according to the causing of the Higher Education Council Ahli recommendation denying a faculty member of the faculty at the university, college or institute a temporary period or final if committed an act contrary to the scientific or educational values and the injured party the right to challenge in court during the thirty (30) days from the date of notification.
Article -40
Olaama Cabinet decided to cancel the vacation university, college or institute ministry Vttoly managed in accordance with its internal procedures until he graduated last batch of students, and it has to be transferred students to universities, colleges or institutes civil similar to their studies and devolve their funds movable and immovable property after the liquidation of obligations and debts to the institution .
Secondly, if it decides to close the section or scientific branch according to the provisions of paragraphs (b) and (c) of clause (ii) of Article (35) of this law, the ministry Vttoly ensure the transfer of students to community colleges similar to complete their studies
Thirdly. University, college or institute resolve itself subject to approval by the Higher Education Council and Al-Ahli after he graduated last batch of students.
Chapter VIII
General and Final Provisions
Article -41-
The university, college or institute to provide dormitories for students, and are subject to supervision departments and follow-up ministry for a fee determined by the university, college or institute and the approval of the ministry.
Article -42-
The first certificates awarded by universities, colleges or institutes civil equivalent of certificates awarded by public universities, according to the provisions of this law.
Second, the ministry is committed to the support service for members of the university, college or institute to the relevant authorities inside and outside Iraq.
Article -43-
It may not be combined membership of the presidency or more of the Council of the University or Faculty Council at universities, colleges and institutes civil.
Article -44-
Universities, colleges and institutes of civil accounts subject to the control and audit of Supreme Audit.
Article -45-
Created fund called the system (pension fund faculty and staff at universities and community colleges, institutes) enjoys legal personality and financial and administrative independence and is represented by the President of the Council for Higher Education Ahli is being financed and exchange it according to the law of the Unified Retirement No. (9) for the year 2014 and the law of retirement and social security for workers No. (39) 1971.
Article -46-
The Minister on the recommendation of the Higher Education Council and the National College after evaluating is associated with the University converted into civil University after he graduated the first batch of study in which at least subject to the provisions of this law.
Article -47-
Olallowesar on the recommendation of the Higher Education Council Ahli to approve the loan of faculty services from public universities to universities, colleges and institutes eligibility to occupy the post of Chief University or the Dean of the College or the Dean of the Institute or the President of the scientific department or faculty member for five (5) years, renewable once
Second, the university or college offers or institute loan request to the job you want to share of the job before the start of the school year and whenever the need arises.
Thirdly. Required in the ministry decides to lend his services to the terms of appointment are available in the job share of the job to be in universities, colleges and institutes of civil under the Ministry of Higher Education and Scientific Research Law No. (40) for the year 1988.
Fourthly. The ministry takes into account when making a decision seconded teaching services must fill the vacancy in the office or administrative competence or scientific.
Fifth League, college or institute apologize reasoned decision on the acceptance of the ministry decides loaning his services and ask the ministry to reconsider its decision.
Sixth bear university, college or institute salary loaned his services and financial allocations and privileges and pension deductions Almguetdhah.
Seventh universities, colleges and institutes of civil use of retired professors and faculty members at public universities and experts in government departments for lecturing or benefit from their experience in achieving its goals on the aggregated entities that belong to it for non-retired consent.
VIII. Universities, colleges and institutes of civil request seconded faculty members services at public universities and the ministry formations on the aggregated approval of the Ministry and provide for the payment of wages not less than their counterparts in government colleges and ensures arrests deduct pension, tax and sent to the competent authorities
IX. At universities, colleges and institutes to adopt civil administrative structure adopted in the public universities and distracting administrative functions on the permanent staffing studies in the morning and evening, according to the Civil Service Act No. 24 of 1960 average.
Article -48-
First, define the instructions of the meetings of councils stipulated in Articles dates (14) and (17) and (23) of this law and the functioning of the session and achieved a quorum of two thirds of the members present for
Second, make decisions and recommendations by majority vote of the members present and in case of equal likely side who voted him president
Thirdly recorded minutes of meetings in a special register signed by the President and Secretary of the Council and its members
Fourthly a University Council sends its decisions and recommendations to the ministry within (15) fifteen days from the date of the meetings, and prepare the decisions and recommendations based in the absence of objection during the thirty (30) days from the date of its registration at the ministry record
By raising the Faculty Council Minutes of a meeting during the ten (10) days from the date held to the head of the university is the decisions, recommendations and proposals of the Faculty Council, based in the absence of objections on them during the (15) fifteen days from the date of its registration at the Ward university record
C followed by the Faculty Council is linked to the work style of the University Council at the University.
Article -49-
Universities, colleges and institutes created by the official authorities, except military and security, including the supervision and evaluation of the ministry subject
Article -50-
Service accounted for teaching at the university or college civil civil or National Institute of university service for the purposes of scientific promotion, promotion, retirement
Article -51-
State Plots for sale universities, colleges or institutes in accordance with the civil law on the sale and lease of state property No. 21 of 2013.
Article -52-
Head of Department tasks in college or in college determines is associated with a university or institute an internal system, according to the regulations in force in the government colleges and institutes.
Article -53-
Shall not be any action on opening university, college, my parents Institute to accept students with certificates or equivalent prior to the approval of the Cabinet and the authorities bear responsibility for that violation.
Article -54-
Applicable laws and regulations and the regulations of the Ministry of Higher Education and Scientific Research in respect of each case in which the text was not made in this law.
Article -55-
The Ministry of Higher Education and Scientific Research universities recognize civil institution in the province of Kurdistan and licensed under the Private Universities Law No. (2) for the year 2013 in the region in the event of compliance with the terms and conditions set forth in this law.
Article -56-
First repealed universities and colleges Law No. (13) of 1996 and the remaining instructions issued pursuant thereto window until the issuance of the replaced or repealed and colleges institution under its provisions adapt their positions in line with the provisions of this law.
Second it repealed the decision of the Revolutionary Command Council (degenerate) No. (17) at the 03/09/1997.
Article -57-
Ola.aly the relevant authorities to issue regulations and instructions to facilitate the implementation of the provisions of this law.
Second. The Ministry shall issue instructions to adapting the conditions of colleges, universities and institutes of higher studies and approved by the Council of Ministers before the issuance of this law.
Third: The Ministry of Education to organize and address all matters relating to the branches of private universities recognized in the regions and provinces irregular province in accordance with the provisions of this law.
Article -58-
This law will be effective once it is published in the formal newspaper .
The reasons
Furtherance of scientific prestige for universities, colleges and institutes of civil so as to ensure the achievement of its goals by giving scientific independence and flexibility of evolution and creativity to make them a special type of higher education and scientific research in Iraq while ensuring a sober scientific level of its graduates through scientific supervision of the Ministry of Higher Education and Scientific Research on them, and in order to determine the controls that establish and define which configurations and conditions of the scientific and administrative bodies and foundations followed by the administration in its affairs guided by scientific university sedentary tradition.
Initiated this law.
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