Private Higher Education Law No. (25) of 2016
Chapter one
(Definitions, objectives and means)
Law: Private Higher Education Law.
Ministry: Ministry of Higher Education and Scientific Research.
Minister: Minister of Higher Education and Scientific Research.
Article – A – The expressions mentioned in this law have the following meanings:
University, college, or institute: Any private university or private college not affiliated with a private university or institute that is established in accordance with the provisions of this law.
The Council of Private Higher Education: It is the highest scientific and administrative body that supervises private education.
The Council of the University, College or Institute: It is the highest academic and administrative body therein.
The founding body of a university or college not affiliated with a private university or institute:
The entity legally responsible for completing or following up on establishment procedures.
Article 2: This law aims to:
First: Providing undergraduate and graduate academic opportunities (theoretical and applied) for the purpose of contributing to making quantitative and qualitative changes in the scientific, cultural and educational movement in Iraqi society.
Second: Spreading and developing knowledge in Iraq.
Third: Conducting and encouraging scientific research, developing the scientific method, developing a sense of national belonging and a spirit of responsibility, and adhering to the national line based on the unity of the people and the nation.
Article 3: The university, college, or private institute shall seek to achieve the objectives of this law by the following means:
First: Establishing private universities, colleges, or institutes that have legal personality and have financial and administrative independence and are represented by the university president, the dean of a college not affiliated with a university, or the dean of the institute.
Second: Opening branches of reputable foreign universities in Baghdad, the region, and governorates not organized into a region.
Chapter II
Establishment
Article 4 – First: The Council of Ministers, based on a proposal from the Minister of Higher Education and Scientific Research and after completing all requirements for establishment, grants a license to establish a university, college, or private institute to any of the following entities:
A – Holders of a doctorate or master’s degree, whether retired or non-employees, who hold at least the rank of assistant professor, provided that their number is not less than (9) nine members to establish the private university, (7) seven to establish the private college, and (5) five members to establish the private institute.
B – Scientific societies or professional unions with scientific, educational and cultural specializations, provided that they meet the conditions mentioned in Paragraph (A) of Clause First of this Article.
Secondly – In the two areas stipulated in Paragraph (B) of Clause (First) of this Article, it is required that:
A – Its headquarters are in Iraq and it is not linked to foreign parties outside Iraq.
B – A period of no less than (5) five years has passed since its establishment.
C – It has significant activity in the field of publishing and writing.
D – It has clear and positive contributions to the development of higher education and scientific research through its serious and continuous participation in scientific and educational conferences and seminars inside and outside Iraq.
E – It has the financial capacity to prepare and spend on the requirements of the university or college. It is permissible to spend with others on preparing the requirements in a way that does not conflict with the applicable internal legislation and guarantees the rights of the parties to the agreement, provided that all requirements are specified in instructions issued by the Ministry.
Third – The university, college, or institute must have the financial capacity to prepare all requirements, and these are determined by instructions issued by the Ministry.
Fourth – It is not permissible to rent or use temporary buildings by the university, college or institute.
Article 5 – First – The Council of Ministers, based on a proposal from the Minister and after the recommendation of the Private Higher Education Council, approves granting foreign bodies corresponding to the bodies stipulated in Clause (First/A-B) of Article (4) of this law and foreign universities the procedure for establishing a university or college. Or institute, taking into account the following:
A – The specializations proposed to be taught in universities, colleges, and institutes must be among the specializations needed by the development process in Iraq. This is determined by a specialized committee in the Ministry of Higher Education and Scientific Research in coordination with the Ministry of Planning.
B – The number of teaching staff should not be less than (9) nine to establish the university, (7) seven to establish the college, and (5) five to establish the institute, who hold at least the rank of assistant professor or its equivalent and who are recognized for their scientific competence through documents submitted by the relevant institutions in their country. Certified by the representative office of the Republic of Iraq and the Iraqi Ministry of Foreign Affairs.
Secondly – The Ministry of Higher Education and Scientific Research is responsible for following up on the university’s scientific and administrative progress in accordance with the provisions of this law.
Article – 6 – First – The application to establish the university, college or institute shall be submitted to the Minister accompanied by a report after securing the material, human and scientific requirements, including the building, libraries, laboratories and other necessary requirements in accordance with the conditions determined by the Ministry, provided that the area of the college is not less than (7500) seven thousand five hundred square meters and for each Scientific department (2500) two thousand five hundred square meters.
Second: The application for incorporation shall be accompanied by an internal bylaw that includes the following:
A – The name of the university or college that is not affiliated with a university or institute, its location and its objectives.
B – The financial resources of the university, college or institute.
C – The organizational structure of the university, college or institute.
D – The private college and its scientific departments or branches
E – The private institute and its scientific departments or branches.
F – The number of permanent faculty members in each college or institute, each department, and each branch, and their certificates, qualifications, and previous services.
G – Work structure of faculty members.
H – Any other matters that regulate the work of the university, college or institute.
Third – A – The Minister shall refer the establishment application that meets the requirements stipulated in clauses (First) and (Second) of this Article, accompanied by his opinion, to the Council of Ministers within (60) sixty days from the date of submitting the application.
to request.
B – The Council of Ministers shall decide on the request to establish a university, college, or institute or not within (90) ninety days from the date of registering the request. In the event that the request for establishment is not decided upon within the aforementioned period, the request is considered implicitly accepted.
C – If the establishment application is rejected by the Council of Ministers, the establishment application has the right to appeal to the Administrative Judicial Court within (30) thirty days from the date of rejection of the application.
Article – 7 – The Ministry collects from the university, college, or private institute the fee for granting the establishment license, the amount of which is determined by a decision of the Council of Ministers and goes to the general treasury of the state.
Article – 8 – First: The initial study at the university, college, or institute shall be in the morning or evening, or both. The applicant is required to have a preparatory study certificate or its equivalent specified in the corresponding specializations in official universities.
Second: The duration of study at the university or college shall be (4) at least four academic years, and the graduate shall be granted an initial university degree (Bachelor’s degree) in his specialty.
Third: The duration of study for postgraduate studies in universities, colleges, or private institutes is not less than:
Two years to study a master’s degree.
Three years for doctoral study.
Fourth: The duration of study at the institute shall be at least two years, and the graduate shall be awarded a professional or technical diploma in his specialty.
Article 9 – The Ministry has the right to approve the creation of postgraduate programs at a university or college that is not affiliated with a university or institute after the material, scientific and quality requirements for rare specializations are met and according to the country’s need.
Chapter III
(supervision and evaluation)
Article 1 – First – The university, college, or private institute is subject to the supervision and evaluation of the Ministry to ensure the implementation of the objectives stipulated in this law and to maintain the required level of efficiency of performance through the ministers’ adoption of methods and formulas recognized in university traditions.
Second: Initial and postgraduate studies in universities, colleges, or private institutes are subject to the same instructions and controls in force in the Ministry of Higher Education and Scientific Research.
Article 11: The university, college, and private institute are committed to providing the Ministry with the following:
First: Minutes of the university, college or institute council.
Second: Quarterly and annual reports on the scientific and educational progress.
Third: Success, failure and dropout rates.
Fourth: Any information requested by the Ministry.
the fourth chapter
(Council for Private Higher Education)
Article – 12 – First – A council shall be formed at the center of the Ministry called (the Council for Private Higher Education), which is the highest scientific and administrative body that supervises private education.
Secondly – The Council of Private Higher Education consists of the following, provided that each of them has at least the rank of assistant professor:
A – Head of the Scientific Supervision and Evaluation Service in the Ministry or one of the Ministry’s deputies appointed by the Minister ……………………………….. as Chairman.
B – Five presidents of private universities, four deans of private colleges not affiliated with a university, and two deans of private institutes, to be chosen by election as …………………………..members.
C – Director General of the Department of Studies, Planning and Follow-up…Member.
D – Director General of the Research and Development Department ……………….member.
E – Director of the Private Education Department in the Ministry………………member.
And Director of the Private Education Department at the Ministry of Higher Education and Scientific Research in the Kurdistan Region…………………………..member.
G- A representative of the international universities of the branch established in Iraq, chosen by election as a member.
Third – The Council of Private Higher Education chooses a vice president from among its members and replaces him in his absence.
Fourth – The President of the Council chooses a rapporteur from among the members of the Council for Private Higher Education.
Article 13: The Council shall carry out the following tasks:
First – Proposing a private education plan in line with the education plan in Iraq.
Second – Credibility in the annual admission requirements for private higher education.
Third – Credibility in the number of students proposed to be accepted annually at the university, college or institute.
Fourth – Approval of the amount of annual tuition fees proposed by the university, college, or institute and submitting it to the Ministry for approval.
Fifth – Approval of the curricula proposed by the university, college or institute after their approval by the competent sectoral bodies in the Ministry.
Sixth – Credibility of academic promotions for faculty members in private education after their approval by the University Council or the College Council not affiliated with a university through promotion committees.
Seventh – Recommending the opening of private universities and colleges after the conditions for their establishment are met.
Eighth – Recommending measures and means to ensure the sound performance of the university or college in all fields.
Ninth – Recommending the conversion of a college that is not affiliated with a university into a university.
Tenth – Credibility in appointing and dismissing the assistant president of the university and the deans of the colleges.
Eleventh: Expressing an opinion on matters presented by the Ministry related to private universities and colleges before making a decision regarding them.
Twelfth: Proposing the nomination of representatives of private universities and colleges in the relevant sectoral bodies formed by the Ministry.
Thirteenth: Follow up on procedures for providing and developing academic supplies for the university or college.
Fourteenth – Follow up on the affairs of scientific and educational supervision of private education.
Fifteenth: Forming innovation committees in coordination with the Private Higher Education Department in the Ministry.
Article – 14 – First – The Council of Private Higher Education meets at the invitation of the President at least once a month or based on a written request from a third of its members when necessary. The quorum is completed in the presence of two-thirds of the members. Decisions, recommendations and proposals are taken by a majority of the number of attendees. When the votes are equal, the side that voted prevails. The president is with him.
Secondly – The minutes of the sessions are recorded in a special register signed by the head of the councilHe sat down with all the members.
Third – The Council sends its suggestions and recommendations to the Scientific Supervision and Evaluation Authority within (15) fifteen days from the date of their issuance. The recommendations are considered approved if the Minister of Higher Education and Scientific Research does not object to them within (15) fifteen days from the date of their registration in his office.
Chapter V
(University or college formations not affiliated with a private university or institute)
First branch
the university
Article 15: The university consists of a number of colleges of not less than three, and may include a center for scientific research and administrative formations.
Article 1 – First – A council shall be formed at the university called (the University Council), which is the highest academic and administrative body there.
Second: The University Council consists of the following:
A – University President/President
B – Assistant to the University President for Scientific Affairs/Member
C – Assistant to the University President for Administrative Affairs / Member
D – Deans of colleges or heads of departments or branches at the university in which there are no colleges/members.
E – A representative of the founding body of the university who meets the conditions for a faculty member in public universities and who is experienced/member.
A representative of the university’s teaching staff is chosen by election by the university’s teaching staff/member.
The Secretary of the University Council is appointed by the University Council/member.
H – A representative of the students in matters related to the students, who is chosen by election/member.
Third: The university president chooses from among the university’s faculty members a rapporteur for the council.
Article 17 – First – The University Council exercises the following tasks:
A – Establishing admission conditions.
B – Recommending the number of students proposed for admission at the beginning of each academic year.
C – Recommending the adoption of the proposed curriculum and submitting it to the Ministry.
D – Approval of the plan to provide education requirements.
E – Proposing the amount of annual tuition fees.
F- Managing, investing and disposing of the university’s funds in accordance with the university’s objectives.
G- Proposing the appointment of an assistant to the university president.
H – Approval of appointing and relieving deans of colleges and heads of residences or branches.
I – Recommending the extension of the university president’s term of service or nominating a replacement for him or relieving him.
J – Loaning faculty members, extending the loan period and ending it.
K – Granting graduates academic certificates.
L – Approval of academic promotions for faculty members after coordination with the Research and Development Department in the Ministry.
M – Recommending the opening of a college within the private university and submitting it to the ministry.
N – Recommending opening, merging or canceling scientific departments or branches and submitting them to the Ministry.
S – Approving the annual budget and final accounts and making transfers between their chapters.
P – Approval of the staff of colleges or scientific departments.
F – Approval of contracts with non-Iraqi faculty members in accordance with the controls adopted by official universities, with the exception of setting wages.
R – Approving contracts with faculty members and other workers, determining their wages and rewards, accepting their resignations, and terminating their services.
S – Approval of concluding agreements with universities, colleges and scientific institutions concerned with scientific research inside and outside Iraq.
T – Suspension of studies, completely or partially, when necessary, for a period of not less than (7) seven days, provided that the Council of Private Higher Education in the Ministry is informed, along with a statement of the reasons that called for this.
U – Donating transferred funds to universities, colleges, and scientific and educational institutions inside Iraq in accordance with the law.
T – Accepting grants, gifts, subsidies, wills, and endowments from inside and outside Iraq in accordance with the law.
D – Approval of opening courses to teach foreign languages and continuing education courses.
Secondly – The University Council may delegate some of its duties to the University President.
Article 18 – First – The President of the University is appointed upon nomination by the founding committee and the approval of the Minister for a period of (4) four years, renewable once.
Secondly – The university president is required to be:
A – An Iraqi if the university is Iraqi.
B – Holds a doctorate degree or its equivalent and holds the rank of professor.
C – Known for his academic sobriety and known for his administrative competence.
D – Someone with expertise in studying one of the university’s scientific departments or branches.
He is completely devoted to his work.
He has university service of no less than (10) ten years.
Third – The university president assumes the following duties:
A – Presiding over the University Council, calling it to meet, implementing its decisions, and representing the university before official and unofficial bodies.
B – Managing the university’s scientific and administrative affairs in accordance with the law.
C – Issuing an order appointing an assistant to the university president.
D – Issuing an order appointing the Dean of the College.
E – Approval of the appointment of the Assistant Dean and heads of academic departments and branches.
Signing contracts and agreements with the approval of the University Council.
G. Credibility of the decisions of the committees regarding delisting, valuation, and leasing in accordance with the laws.
H – Delegating university employees inside and outside Iraq.
I – Recommending that the transferred funds be donated to universities, colleges, and scientific and educational institutions inside Iraq.
J – Approval of disbursing rewards to those who provide services to the university or contribute to its development.
Fourth – The university president may delegate some of his duties to his assistant, deans, and heads of academic and administrative departments or branches in universities where there are no colleges.
Fifth – The Assistant to the University President must be:
A – Holds a doctorate or its equivalent and holds at least the rank of assistant professor.
B – Known for his academic sobriety and known for his administrative competence.
Second section
(the college)
Article 19 – First – A council is formed in the college called (the College Council), which is the highest academic and administrative body in it.
Secondly – The College Council consists of:
A- Dean of the College/President
B – Assistant Dean for Scientific Affairs / Vice President
C – Assistant Dean for Administrative Affairs / Member
D – Heads of scientific departments or heads of branches in colleges/members
E – Secretary of the College Council is appointed by the College Council/member
A representative of the teaching staff whose rank is not lower than that of teacher/member
G – A representative of students in student matters, chosen by election/member
Third – The Dean of the College chooses from among the faculty members a rapporteur for the Council.
Article 20 – First – The College Council exercises the following tasks:
A – Proposing admission conditions according to scientific departments and following up on their implementation after approval.
B – Proposing the number of students who are accepted at the beginning of each academic year.
C – Proposing plans for opening scientific departments and branches, proposing the creation, merging, or canceling scientific departments and branches, and proposing the creation or cancellation of scientific departments or branches.
D – Approval of the scientific departments’ plans regarding inviting visiting professors.
E – Proposing plans for scientific research, writing, translation and publishing.
F- Proposing a plan to provide educational supplies.
G – Propose academic curricula and the changes that should occur to them with the aim of continuously strengthening the scientific situation.
H – Distribution of curricula over academic years.
I – Proposing tuition fees.
J – Preparing the college’s staff.
K – Imposing disciplinary penalties on students in accordance with the applicable student discipline instructions.
L – Propose a plan for cultural and scientific relations with official and private colleges and universities inside and outside Iraq.
M – Recommendation of granting academic certificates to graduates.
N – Referring academic promotions for faculty members to the Scientific Promotions Committee in government universities for the purpose of recommending promotion in preparation for submitting it to the University Council and after completing promotion procedures, except for teaching branches of scientific universities.
S – Recommending opening morning or evening courses to teach foreign languages and continuing education courses.
Secondly – The College Council may delegate some of its duties to the Dean.
Article 21: A central committee shall be formed in the Ministry for academic promotions of faculty members in universities, colleges and private institutes in accordance with instructions issued by the Minister.
Article 22: The Dean of the College is appointed upon the recommendation of the University Council and by a decision of the University President for a period of (4) four years, renewable once, and he is required to be:
First – Iraqi
Secondly – He holds a doctorate degree or its equivalent and has at least the rank of professor.
Third – He is known for his academic sobriety and administrative competence.
Fourth – Those with specialization in studying one of the college’s scientific departments or branches.
Fifth: Completely devoted to his work.
Sixth – He has university service of no less than (5) five years.
Article 23: First: The Dean of the College shall assume the following duties:
A – Follow up on the progress of study in the college to achieve its goals and work to continuously strengthen the scientific, intellectual and educational situation.
B – Implementing the decisions of the College Council.
C – Approval of the recommendations of the Council of Departments or Branches.
D – Approval of the distribution of study materials and semester units to faculty members and lecturers.
E – Approval to purchase or import laboratory and scientific tools, books and other supplies.
And – Approval of the recommendations of the committees formed in the college.
G – Approval of disbursing rewards to those who provide services to the college or contribute to its development.
H – Deploying college members inside Iraq.
Secondly – The Dean of the College may delegate some of his duties to his assistant, the head of the department, or the head of the branch.
Third – The department head exercises the authority of the dean in universities that consist of departments.
Article 24: The dean has two assistants from among the faculty members appointed to the college’s staff, and the academic rank of each of them is not less than that of teacher.
Chapter III
(College not affiliated with the university)
Article 25 – First – A council called (the College Council) is formed in a private college that is not affiliated with a university, which is the highest academic and administrative body in it.
Secondly – The College Council consists of:
A – Dean of the College/President
B – Assistant Dean for Scientific Affairs / Member
C – Assistant Dean for Administrative Affairs / Member
D – Heads of scientific departments or heads of branches / members
E – A representative of the college’s founding body who meets the conditions of a faculty member at the official university/member.
The Secretary of the College Council is appointed by the College Council/member.
G – A representative of the teaching staff at the college.
H – A representative of the college students in matters related to the students is chosen by election/member.
Third – The Dean of the College chooses from among the faculty members a rapporteur for the Council.
Article 26: The College Council exercises the duties, powers and powers of the University Council stipulated in Article (17) of this law.
Article 27: The Dean of the College who is not affiliated with a university shall be appointed and shall exercise his duties in accordance with the provisions stipulated in Article (18) of this law.
Article 28: The provisions of Article 25 of this law apply to the establishment of private institutes.
the fourth chapter
(Department or branch at a university or college not affiliated with a university)
Article 29: The college consists of scientific departments or branches and may include scientific research formations and administrative formations.
Article 30 – First – The department or scientific branch: It is the basic scientific formation in private university education. It is managed by the department council or the branch council and includes a number of teaching staff who hold a doctorate or master’s degree or their equivalent who are on the faculty’s staff, and their number is not less than (7) seven, provided that At least (5) five of them must have a doctorate degree or its equivalent, and one of them must have at least the rank of assistant professor.
Secondly – The department council or branch council consists of:
A – Department head or branch head/president
B – members of Faculty who are faculty members/members
Third – The department head or branch head chooses a faculty member/rapporteur for the council.
Article 31 – First – The department or branch council shall undertake the following tasks:
A – Recommending what the department needs in terms of faculty members, lecturers, and technicians, and inviting visiting professors.
B – Approving scientific research projects submitted by members of the department, branch, or center and proposing ways to accomplish them.
C – Recommending the strengthening of writing, translation, publishing, and scientific research, paying attention to student research, and providing the requirements for its implementation.
D – Implementing the decisions of the University or College Council referred by the Dean.
E – Forming scientific and educational committees according to the department’s needs.
And – following up on scientific and technical developments and directing faculty members to modernize and develop curricula.
G – Discussing the study curricula, vocabulary, and textbooks and proposing to amend or replace them in light of the recommendations of faculty members.
H – Supervising the conduct of teaching, methods and development.
I – Evaluating the level of performance of faculty members and members of the department or branch.
J – Follow up on the scientific affairs of students at various stages of study.
K – Propose a plan to qualify and develop scientific and administrative staff.
Secondly – The department or branch council may delegate some of its tasks to the head of the department or branch.
Article 32 – First – The dean of the college nominates the head of the department in the college and is appointed with the approval of the university president, and the dean of the college not affiliated with a university nominates the head of the department in the college and is appointed with the approval of the college council.
Second: The head of the department or branch must be:
A – Holds a doctorate or its equivalent and holds at least the rank of assistant professor.
B – Known for his academic sobriety and recognized for his administrative competence.
C – Someone with expertise in the affairs of the department.
D- Completely devoted to his work.
E – He has university service of no less than (5) five years.
Chapter V
(education institution)
Article 33: The teaching body consists of:
Firstly – Professors.
Second – Assistant professors.
Third – teachers.
Fourth – Assistant teachers.
Fifth – The equivalent of the above academic titles in scientific universities.
Chapter six
Financial provisions
Article 34: The financial resources of the university or college that are not affiliated with the private university or private institute shall be from the following:
First – the contribution of the founding party.
Second – Tuition fees.
Third – Grants, gifts, subsidies, bequests and endowments in accordance with the law.
Fourth – Revenues resulting from its various activities.
Article 36: First: The Ministry collects from universities, colleges and private institutes an annual fee of (3%), three percent of the total annual revenue of the university, college or institute.
Second – The net annual financial savings of the university or college is distributed as follows:
A – Not more than (25%) twenty-five percent for the institutional entity, provided that it does not affect the obligations of the university, college, or institute.
B – Not less than (25%) twenty-five percent to encourage scientific research, writing, translation and publishing.
C – Covering the expenses of expanding and developing the activity of the university, college, or institute for any other field that would achieve its goals from the remaining financial savings.
Article 37: Imports of materials, tools, equipment, parts, spare materials, illustrations, books, and imported publications stipulated in its plans and programs that serve its purposes are exempted from customs duties, provided that they are subject to the supervision and approval of the Ministry.
Chapter VII
(Penalties)
Article 38 – First – The Minister may warn a university or college that is not affiliated with a university or institute through a notary public department or through a widespread offense in the event that it is proven to have violated the required conditions to remove the violation within a period not exceeding (90) ninety days from the date of notification of the warning.
Secondly – A – The Minister may suspend admission to the university, college, institute, or scientific department for a period not exceeding (3) three years upon violating any of the provisions of this law.
B – The Minister will close the scientific department or branch if the violation is not removed within the period stipulated in Clause First of this Article.
C – The Minister closes the scientific department or branch without warning in the event that a serious violation of the required conditions is proven.
D – The Minister may recommend to the Council of Ministers to close the university, college, or institute if the violation is not removed after the warning period and the aforementioned suspension period have passed.
Third – The Minister may recommend to the Council of Ministers the cancellation of the university, college, or institute’s license after warning it when it is proven that it violates the required conditions. He may also recommend canceling the license without warning in the event that it is proven that a serious defect has occurred in scientific or educational aspects or failure to adhere to the goals for which it was established.
Fourth – A fine of ten times the highest tuition fees collected from each student accepted outside the admission plan specified by the Ministry shall be imposed on the university, college, or institute. The fine shall be doubled according to the percentage of the violation’s impact on the educational process and the infrastructure established in the admission controls or procedures that result in granting scholarships. Establishment license.
Article 39 – The Minister, based on a reasoned recommendation from the Council of Private Higher Education, may deprive a faculty member of teaching at the university, college, or institute for a temporary or final period if he commits an act inconsistent with scientific or educational values. The aggrieved party has the right to appeal before the judiciary within (30) thirty days from the date of She informs him.
Article 40 – First – If the Council of Ministers decides to cancel the university, college, or institute license, the Ministry shall manage it in accordance with its internal regulations until the last batch of its students graduates, and it may transfer the students to similar universities, colleges, or private institutes.After liquidating its obligations and debts, its movable and immovable assets shall be transferred to the founding body.
Secondly – If it is decided to close the scientific department or branch in accordance with the provisions of Paragraphs (B) and (C) of Clause (Second) of Article (38) of this law, the Ministry shall ensure the transfer of students to similar private colleges to complete their studies.
Third – The university, college, or institute may dissolve itself, subject to the approval of the Private Higher Education Council and after the graduation of the last batch of its students.
Chapter Eight
(General and final provisions)
Article 41: The university, college or institute shall provide internal departments for its students, and the departments shall be subject to the supervision and follow-up of the Ministry in return for fees determined by the university, college or institute and with the approval of the Ministry.
Article 24 – First – The certificates granted by universities, colleges, or private institutes are considered equivalent to the certificates granted by official universities in accordance with the provisions of this law.
Secondly – The Ministry is committed to supporting the service of members of the university, college or institute to the relevant authorities inside and outside Iraq.
Article 43: It is not permissible to combine the presidency or membership of more than one university council or college council in private universities, colleges, and institutes.
Article 44: The accounts of universities, colleges and private institutes are subject to the supervision and audit of the Financial Supervision Bureau.
Article 45 – A fund system shall be established called (The Retirement Fund for Teachers and Workers in Universities, Colleges, and Private Institutes), which shall have legal personality and financial and administrative independence, and shall be represented by the Chairman of the Council of Private Higher Education. It shall be financed and disbursed from it in accordance with the Unified Retirement Law No. (9) of 2014 and the Workers’ Retirement and Social Security Law No. (39) of 1971.
Article 46 – The Minister has the right, based on the recommendation of the Council of Private Higher Education and after evaluating the college that is not affiliated with a university, to convert it to a private university after the graduation of at least the first class therein and the provisions of this law apply to it.
Article 47 – First – The Minister, based on the recommendation of the Private Higher Education Council, may approve the loan of the services of teaching staff from public universities to private universities, colleges, and institutes to fill the position of university president, college dean, institute dean, scientific department head, or faculty member for a period of (5) five renewable years. Renewable once.
Second – The university, college, or institute submits a secondment request for the positions to be filled before the start of the academic year and whenever the need arises.
Third – Whoever the Ministry decides to loan his services must meet the conditions for appointment to the position to be filled in universities, colleges and private institutes in accordance with the Law of the Ministry of Higher Education and Scientific Research No. (40) of 1988.
Fourth – When making the decision to second a teacher’s services, the Ministry takes into account the necessity of filling the vacancy in his specialty or administrative or scientific position.
Fifth – The university, college, or institute may apologize, with a reasoned decision, for accepting someone whose services the Ministry decides to loan and ask the Ministry to reconsider its decision.
Sixth – The university, college, or institute shall bear the salary of the loaned person for his services, his allowances, his financial benefits, and the required retirement deductions.
Seventh – Universities, colleges, and private institutes may seek the assistance of retired professors, members of teaching staff in public universities, and experts in state departments to give lectures or benefit from their experiences in achieving their goals, provided that they obtain the approval of the authorities to whom they are affiliated with regard to non-retirees.
Eighth – Universities, colleges, and private institutes may request the loan of the services of faculty members in public universities and ministry formations, provided that they obtain the approval of the ministry. In public universities and ministry formations, they obtain the approval of the ministry and undertake to pay their wages no less than their counterparts in government colleges, and undertake to deduct pension and tax contributions and send them to the authorities. Competent.
Ninth – Universities, colleges and private institutes must adopt the administrative structure approved by the official government and fill administrative positions with permanent staff in the morning and evening studies, in accordance with the amended Civil Service Law No. 24 of 1960.
Article 48 – First – The dates of the Council’s meetings stipulated in Articles (14), (17) and (25) of this law and the conduct of work therein shall be determined by instructions, and a quorum shall be achieved by the presence of two-thirds of the members.
Second – Decisions and recommendations are taken by a majority of the members present, and in the event of a tie, the side with which the President voted prevails.
Third – Minutes of meetings are recorded in a special register and signed by the Chairman and Secretary of the Council and its members.
Fourth – A – The University Council sends its decisions and recommendations to the Ministry within (15) fifteen days from the date of its meetings, and the decisions and recommendations are considered approved if there is no objection to them within (30) thirty days from the date of their registration in the Ministry’s register.
B – The College Council shall submit the minutes of the meeting within (10) ten days from the date of its meeting to the University President. The decisions, recommendations and proposals of the College Council shall be considered approved in the absence of objections regarding them within (15) fifteen days from the date of their registration in the university’s inbox register.
C – The college council that is not affiliated with a university follows the work method of the university council.
Article 49 – Universities, colleges and institutes established by official bodies other than military and security ones are subject to the supervision and evaluation of the Ministry.
Article 50 – Teaching service at a private university, private college, or private institute is counted as university service for the purposes of academic promotion, promotion, and retirement.
Article 51: The state sells plots of land to universities, colleges, or private institutes in accordance with the Law on the Sale and Rent of State Funds No. 21 of 2013.
Article 52: The duties of the department head in a college or in a college not affiliated with a university or institute are determined by internal system, in accordance with the instructions in force.In government colleges and institutes.
Article 53: Any procedure related to opening a university, college, or private institute by accepting students or equating certificates before issuing the approval of the Council of Ministers shall not be taken into account, and the violating parties shall bear responsibility for that.
Article 54: The laws, regulations and instructions in force in the Ministry of Higher Education and Scientific Research shall be applied in every case not provided for in this law.
Article 55 – The Ministry of Higher Education and Scientific Research is committed to recognizing private universities established in the Kurdistan Region and licensed under Private Universities Law No. (2) of 2013 in the region if they comply with the terms and conditions contained in this law.
Article 56 – First – The Private Universities and Colleges Law No. (13) of 1966 will be repealed, and the instructions issued pursuant to it will remain in effect until what replaces or cancels them is issued. The colleges established in accordance with its provisions must adapt their conditions in accordance with the provisions of this law.
Second – The (dissolved) Revolutionary Command Council’s Decision No. (17) of 3/9/1997 shall be cancelled.
Article 57 – First – The relevant authorities must issue regulations and instructions to facilitate the implementation of the provisions of this law.
Secondly – The Ministry is responsible for issuing instructions to adapt the conditions of colleges, universities and institutes of graduate studies approved by a decision of the Council of Ministers before the issuance of this law.
Third – The Ministry of Higher Education and Scientific Research is responsible for organizing and handling everything related to the branches of recognized private universities in the region and the governorates not organized in a region in accordance with the provisions of this law.
Article 58: This law shall be implemented from the date of its publication in the Official Gazette.
Positive reasons
To enhance the scientific status of universities, colleges and private institutes in a way that ensures the achievement of their goals by granting them independence and scientific flexibility for development and creativity, making them a special model for higher education and scientific research in Iraq, while ensuring a solid scientific level for their graduates through the scientific supervision of the Ministry of Higher Education and Scientific Research over them, and in order to determine the controls. Under which it is established and determines its formations, conditions, scientific and administrative bodies, and the principles that it follows in managing its affairs, guided by established university scientific traditions, this law legislates.