Chapter I
Definitions, objectives and means:
Act: Private Higher Education Act.
Ministry: Ministry of higher education and scientific research.
Minister: Minister of higher education and scientific research.
Article (I)
The terms in this act refer to:
University, college or institute: any private university or college not affiliated with a private university or institute established in accordance with the provisions of this act.
Council of Private Higher Education: the highest scientific and administrative body that supervises the private education.
Council of the university, college or institute: the highest scientific and administrative body.
The founding body of the university or college not affiliated with a private university or institute: legally responsible body for completing or follow-up the establishment procedures.
Article (II)
The purpose of this act is to:
First: To provide primary and higher academic opportunities (theoretical and applied) for the purpose of contributing to quantitative and qualitative changes in the scientific, cultural and educational movement of Iraqi society.
Second: knowledge dissemination in Iraq and developing it.
Third: Undertake and promote scientific research, develop a scientific approach, develop a sense of national affiliation and responsibility, adhere to the national trend based on the unity of the people and the nation.
Article (III)
The private university, college or institute seek to achieve the objectives of this law by the following means:
First: Establishment of private universities, colleges or institutes of moral personality and financial and administrative independence, represented by the rector of the university or dean of the college unrelated to a university or dean of the institute.
Second: Opening of Headquarters of discreet foreign universities in Baghdad, the territory or the non-regular provinces.
Chapter II
Foundation:
Article (IV)
First: Council of ministers, on the proposal of the minister of higher education and scientific research, and after completion of all requirements for foundation, to approve the establishment of a private university, college or institute to any of the following:
(a) A doctorate or a master’s degree from retirees or non-staff members who are at least in the title of assistant professor, but not more than nine (9) members, (7) members to establish a private college and (5) members to establish a private institute.
(b) Scientific communities or professional associations with scientific, educational and cultural specialties on the conditions set forth in paragraph (a) of article I.
Second: the two parties provided for in paragraph (b) of item (I) of this article are required to:
(a) Its status is in Iraq and is not related to foreign entities outside Iraq.
(b) It has been established since at least five years.
(c) It has a notable activity in the field of publishing and authoring.
(d) It has clear and positive contributions to the development of higher education and scientific research through its serious and continuing participation in scientific and educational conferences and symposia inside and outside Iraq.
(e) It has a financial capacity to create and maintain university or college requirements and to spend money to create requirements not in contrary to the internal legislation in force and to guarantee the rights of the parties on condition that all requirements shall be determined by instructions issued by the ministry.
Third: The university, college or institute will have the financial capacity to provide all the requirements needed to be determined by instructions from the ministry.
Fourth: No rental or use of temporary premises by a university, college or institute.
Article (V)
First: Council of ministers, on the proposal of the minister following a recommendation of the Private Higher Education Council to approve the granting of foreign counterparts for the bodies in article 4 (I/a, b) of this law and foreign universities the right to establish a university, college or institute while taking into consideration the following:
(a) The specialties proposed to be taught at universities, colleges and institutes shall be required for development in Iraq, which are determined by a competent committee of the ministry of higher education and scientific research in coordination with the ministry of planning.
(b) The number of teaching staff is not less than (9) to establish a university, (7) to establish a college and (5) to establish an institute of the title of Assistant Professor who are recognized for their scientific proficiency via the documents provided by the relevant institutions and certified by representative of the republic of Iraq and the Iraqi ministry of foreign affairs.
Second: Ministry of higher education and scientific research shall follow-up the scientific and administrative course of the university in accordance with the provisions of this act.
Article (VI)
First: Application for the establishment of a university, college or institute is to be submitted to the minister with a report after providing the financial, human and scientific requirements such as the building, libraries, laboratories and other necessary requirements under the conditions specified by the ministry on the condition that the total area is at least (7500) square meters and the area for each department is (2500) square meters.
Second: The internal system is attached with this application which includes the following:
(a) The name of the university or the college not associated with a university or an institute, its headquarters and objectives.
(b) The financial resources of the university, college or institute.
(c) The organizational structure of the university, college or institute.
(d) The private colleges and its scientific departments or branches.
(e) The private institute and its scientific departments or branches.
(f) The number of members of the teaching staff at every college, institute, department, branch and their degrees, qualifications and previous services.
(g) The work structure of teaching staff.
(h) Any other matters governing the work of the university, college or institute.
Third: The minister shall submit this application according to the requirements set forth in sections I and II of this article, together with his opinion to the council of ministers within (60) days of its date.
The council of ministers shall decide whether or not to establish a university, college or institute within (90) days of the date of registration of the application, and if it is not decided during the said period, the application is implicitly considered admissible.
(c) If the application is rejected by the council of ministers, a right of appeal would be submitted by those concerned to the administrative court of justice within (30) days from the date of rejection of the application.
Article (VII)
The ministry shall receive a fee for foundation from the university, college or institute which is determined by a decision of the council of ministers and the fee is allocated for the State treasury.
Article (VIII)
First: The initial study at the university, college or institute shall be for morning, evening or both and the applicant shall be required to have the certificate of the secondary study or its equivalent corresponding to the specialties in the official governmental universities.
Second: The duration of study at a university or college is (4) years at least and the graduate is awarded a bachelor in his (her) specialization.
Third: The duration of postgraduate studies in universities, colleges or institutes is at least:
-Two years for a master study.
-Three years of doctoral study.
Fourth: The duration of the study at the institute shall be at least two years and the graduates are given a professional or technical diploma in their specialization.
Article (IX)
The ministry approves the introduction of postgraduate programs at university or college unrelated to a university or institute, following the availability of the material, scientific requirements, the quality of the rare specialties and the needs of the country.
Chapter III
Supervision and evaluation:
Article (X)
First: the private university, college or institute shall be subject to the supervision and evaluation of the ministry to ensure the implementation of the objectives set forth in this law and maintain the level of efficiency required by the adoption by ministers of methods and formulas recognized in university traditions.
Second: Primary and postgraduate studies in private universities, colleges or institutes are subject to the same instructions and controls as established by the ministry of higher education and scientific research.
Article (XI)
The private university, college and institute are obliged to provide the ministry with the following:
First: Records of the council of the university, college or institute.
Second: Quarterly and annual reports on the scientific and educational process.
Third: Success, failure and dropout rates.
Fourth: Any information requested by the ministry.
Chapter IV
Private Higher Education Council:
Article (XII)
First: A council is established at the ministry’s center named (Private Higher Education Council) which is the highest scientific and administrative body that supervises private education.
Second: Private Higher Education Council consists of the following (on condition that each has the title of Assistant Professor):
(a) Head of the supervision and scientific evaluation at the ministry or an agent of the ministry commissioned by the minister as president.
(b) Five private university presidents, four deans of private colleges unrelated to a university and two deans of private colleges; elected as members.
(c) Director General of the department of studies, planning and follow-up as a member.
(d) Director General of the department of research and development as a member.
(e) Director of the department of private education at the ministry as a member.
(f) Director of the department of private education of the ministry of higher education and scientific research at Kurdistan region as a member.
(g) Representative of the global universities of the founding branch in Iraq elected as a member.
Third: Private Higher Education Council selects a vice-president from among its members who work on his account during absence.
Fourth: President of the council selects a rapporteur from among the members of the council.
Article (XIII)
The council exercises the following tasks:
First: Propose the private education plan in line with the education plan for Iraq.
Second: Approval of the annual admission requirements for private higher education.
Third: Approval of the proposed number of students to be accepted annually at a university, college or institute.
Fourth: Approval of amount of annual tuition fees proposed by the university, college or institute and to submit them to the ministry for approval.
Fifth: Approval of the curricula proposed by the university, college or institute once approved by the competent bodies of the ministry.
Sixth: Approval of scientific promotions of the members of teaching staff in the private education following their approval by the university or college council, which are unaffiliated with a university via the promotion committees.
Seventh: Recommend the opening of private universities and colleges when the availability of the conditions for their inauguration.
Eighth: Recommend actions and means that ensure the proper functioning of a university or college in all areas.
Ninth: Recommend the transform of the college that is not affiliated with a university to a university.
Tenth: Approval of appointment and exemption of Associate Rector and college deans.
Eleventh: Expressing opinions on the matters relating to private universities and colleges presented by the ministry before a resolution is taken.
Twelfth: Proposal to nominate representatives of private universities and colleges in the competent bodies formed by the ministry.
Thirteenth: Follow-up procedures for provision and development of university or college study requirements.
Fourteenth: Follow-up the scientific and educational supervision affairs of the private education.
Fifteenth: Formation of development committees in coordination with the department of private higher education at the ministry.
Article (XIV)
First: Private Higher Education Council shall meet at the invitation of the president at least once a month or at a written request submitted by one third of its membership when necessary the quorum would be accepted in the presence of two-thirds of the members and the decisions, recommendations and proposals shall be made by a majority of attendees and when votes are equal, the one with the president is indorsed.
Second: Records of the meetings shall be registered in a special register to be signed by the president of the council and all members.
Third: The council sends its suggestions and recommendations to the scientific supervision and evaluation body within (15) days of its promulgation and the recommendations are considered indorsed on the fact that the minister of higher education and scientific research has not objected to during (15) days from the date of their registration in his office.
Chapter V
University or college formations not affiliated with private university or institute:
Section I
University
Article (XV)
The university consists of a number of colleges at least three, and may include a center for scientific research and administrative formations.
Article (XVI)
First: A council is established at the university called (University Council) which is the highest scientific and administrative body in.
Second: the university council consists of the following:
(a) University president/Rector.
(b) Associate Rector for scientific affairs/member.
(c) Associate Rector for administration affairs/member.
(d) Deans of colleges, heads of departments or branches at the university that has no colleges/members.
(e) Representative of the founding body of the university who meets the requirements of this position at the official universities and of expertise/member.
(f) Representative of faculty members elected by the university’s teaching staff/member.
(g) Secretary of the university council appointed by the university council/member.
(h) Representative of students elected for dealing with student matters/member.
Third: Rector selects a Rapporteur of the council from among the members of the university teaching staff.
Article (XVII)
First: University council exercises the following functions:
(a) Setting admission conditions.
(b) Recommend the proposed number of students for admission at the beginning of each school year.
(c) Recommend the adoption of the proposed curricula and submit them to the ministry.
(d) Approval of the requirements of education plan.
(e) Propose the amount of annual tuition fees.
(f) Manage, invest and dispose of the university’s funds in accordance with the university’s objectives.
(g) Propose the appointment of Associate Rector.
(h) Approval of the appointment and exemption of college deans and heads of the departments and branches.
(i) Recommend the extension of the term of service of the Rector or the nomination of an alternative or exemption.
(j) Recruitment of faculty members and extension or termination of recruitment.
(k) Grant scientific degrees to graduates.
(l) Approval of scientific promotions of faculty members after coordination with the department of research and development at the ministry.
(m) Recommend the opening of a college within the private university and submit this to the ministry.
(n) Recommend the opening of scientific departments or branches, merged or repealed and submit this to the ministry.
(o) Approval of the annual budget, the final account and transfer of its chapters.
(p) Approval of the faculties and scientific departments’ staff.
(q) Approval of contract with non-Iraqi faculty members in accordance with the regulations adopted by the official universities except for fixing wages.
(r) Approval of contract with members of the teaching staff and other employees, determine their remuneration and emoluments, accept resignations and terminate their services.
(s) Approval to conclude agreements with universities, colleges and scientific institutions dealing with scientific research inside and outside Iraq.
(t) Suspension of study completely or partially if necessary for not less than (7) days, on condition that the Private Higher Education at the ministry will be informed about that, indicating the reasons therefor.
(u) Donation of funds transferred to universities or colleges and scientific and educational institutions within Iraq in accordance with the law.
(v) Acceptance of grants, donations, grants, wills and moratoriums from within and outside Iraq in accordance with the law.
(w) Approval of opening of teaching of foreign languages and continuing education courses.
Second: University Council has the right to delegated some of its functions to the Rector.
Article (XVIII)
First: the Rector shall be appointed by nomination from the founding committee with the minister’s approval for (4) years, renewable once.
Second: The Rector is required to:
(a) Iraqi if the university is Iraqi.
(b) Has a doctorate degree or its equivalent of a Professor’s rank.
(c) Known for his scientific sobriety and recognized for its administrative efficiency.
(d) Competent in the study of one of the university’s scientific departments or disciplines.
(e) Fully dedicated to his work.
(f) Has a university service of at least 10 years.
Third: The Rector of the university exercises the following functions:
(a) Presidency of University Council, calling upon his invitation to meet, implementation of its resolutions and the representation of the university before official and unofficial bodies.
(b) Management of the university’s scientific and administrative affairs in accordance with the law.
(c) Issuance of an order for the appointment of the Associate Rector.
(d) Issuance of an order for the appointment of the college dean.
(e) Approval of the appointment of the Associate Dean and heads of scientific departments and branches.
(f) Signing of contracts and agreements with the approval of the University Council.
(g) ) Approval of the decisions of the commissions on write-offs, valuation and rent in accordance with the laws.
(h) Dispatch the university’s affiliates inside and outside Iraq.
(i) Recommend the donation of funds transferred to universities, colleges and scientific and educational institutions within Iraq.
(j) Approval of payment of rewards to those who provide services to the university.
Fourth: The Rector of the university has the right to delegate some of his functions to his Associate or to the deans or heads of departments or branches at the universities where there are no colleges.
Fifth: The Associate Rector is required to:
(a) Has a doctorate degree or its equivalent and at least of Assistant Professor’ rank.
(b) Known for his scientific sobriety and recognized for his administrative efficiency.
Section II
College
Article (XIX)
First: A council is established at the college called (College Council), which is the highest scientific and administrative body in.
Second: College Council consists of:
(a) Dean of the college/President.
(b) Associate Dean for scientific affairs/Vice-president.
(c) Associate Dean for administrative affairs/member.
(d) Heads of scientific departments or branches in colleges/members.
(e) Secretary of the College Council appointed by the council/member.
(f) Representative of the faculty members not less than a teacher/member.
(g) Representative of students elected for dealing with student matters/member.
Third: Dean of the college selects a Rapporteur of the college from among the members.
Article (XX)
First: College Council exercises the following functions:
(a) Propose the admission conditions for scientific departments and follow-up their implementation after their adoption.
(b) Propose the number of students admitted at the beginning of each school year.
(c) Propose plans for the opening of scientific departments or branches and propose development, merging or elimination of scientific departments and branches and introduce or aboish others.
(d) Approval of the plans of scientific departments concerning the invitation of visiting professors.
(e) Propose plans for scientific research, authoring, translation and publication.
(f) Propose a plan to provide education supplies.
(g) Propose curricula and the changes to be made with a view for sobriety of the scientific situation.
(h) Distribution of curricula in school years.
(i) Propose tuition fees.
(j) Number of college staff.
(k) Imposition of disciplinary penalties on students in accordance with the instructions of the students ‘ discipline in force.
(l) Propose a plan for cultural and scientific relations with official and private colleges and universities inside and outside Iraq.
(m) Recommend granting scientific certificates to the graduates.
(n) Submit scientific promotions of faculty members to the Committee for Scientific Promotions at public universities for the purpose recommending promotion to the University Council and after completion of promotion procedures except for teaching staff at the branches of the scientific universities.
(o) Recommend the opening of morning or evening courses for the teaching of foreign languages and continuing education.
Second: College Council has the right to delegate some of its functions to the dean.
Article (XXI)
A central committee for scientific promotions is established at the ministry for the promotion of the teaching staff at the private universities, colleges and institutes in accordance with instructions issued by the minister.
Article (XXII)
The dean of the college is appointed on the recommendation of the University Council, by a decision of the Rector of the university, for (4) years, renewable once and is required to be:
First: Iraqi.
Second: Has a doctorate degree or its equivalent, at least at the rank of professor.
Third: Known for his scientific sobriety and administrative efficiency.
Fourth: Competent in the study of one of the college’s scientific departments or disciplines.
Fifth: Fully dedicated to his work.
Sixth: Has a university service of at least (5) years.
Article (XXIII)
First: Dean of the college is responsible for the following tasks:
(a) Pursue the course of study in the college in order to achieve its objectives and to work on the continuous development of the scientific, intellectual and educational situation.
(b) Implementation of the decisions of the College Council.
(c) Endorse the recommendations of the departments or branches councils.
(d) Approval of distribution of study materials and quarterly units to faculty members and lecturers.
(e) Approval of the purchase or import of laboratory and scientific means, books and other items.
(f) Approval of the recommendations of the committees formed at the college.
(g) Approval of payment of rewards for those who provide services to the college.
(h) Dispatch of the college’s affiliates inside Iraq.
Second: Dean of the college has the right to delegate some of his functions to his Associate, head of department or branch.
Third: Head of department exercises the power of the dean in the universities which are composed of departments.
Article (XXIV)
The dean has two Associates of the teaching staff appointed at the college whose scientific rank is not less than a teacher.
Section III
College not associated with a university
Article (XXV)
First: A council is established at the college called (College Council), which is the highest scientific and administrative body in.
Second: College Council consists of:
(a) Dean of the college/President.
(b) Associate Dean for scientific affairs/member.
(c) Associate Dean for administrative affairs/member.
(d) Heads of scientific departments or branches in colleges/members.
(e) Secretary of the College Council appointed by the council/member.
(f) Representative of the faculty members not less than a teacher/member.
(g) Representative of students elected for dealing with student matters/member.
Third: Dean of the college selects a Rapporteur of the college from among the members.
Article (XXVI)
College Council exercises the functions, competences and powers of the University Council provided for in article (XVII) of this law.
Article (XXVII)
The dean of the college who is not affiliated with a university is appointed and he exercises his functions in accordance with the provisions of article (XVIII) of this law.
Article (XXVIII)
The provisions of article (XXV) of this Law shall apply to the establishment of private institutes.
Section IV
Department or branch of university or a college not affiliated with a university
Article (XXIX)
The college consists of scientific departments or branches and may include research and administrative formations.
Article (XXX)
First: Scientific department or branch: is the essential scientific formation of the private higher education that manages its council and it includes a number of instructors of Ph.D. or Master degrees or equivalent appointed in the college, no more than (7) in number who five of them at least have a doctorate or a equivalent and one of them at least is Assistant Professor.
Second: Department or branch Council consists of:
(a) Head of department or branch/President.
(b) Members of teaching faculty who are appointed in the college/members.
Third: Head of department or branch selects one member from the teaching faculty/Rapporteur of the council.
Article (XXXI)
First: Head of department or branch exercises the following functions:
(a) Recommend what the faculty members, lecturers and technicians need and inviting visiting professors.
(b) Approval of scientific research projects submitted by members of department, branch or center and suggesting ways of accomplishment.
(c) Recommend the strengthening of authorship, translation, publication, scientific research, interest in student research and requirements for their implementation.
(d) Implementation of the decisions of the University or College Councils referred by the dean.
(e) Establishing scientific and pedagogical committees as required by department.
(f) Follow-up scientific and technical developments and to direct the members of the teaching staff to modernize and develop the curricula.
(g) Discussing curricula, vocabulary and textbooks and propose amendment or alternation in the light of the recommendations of faculty members.
(h) Supervising the conduct and methods of teaching and its development.
(i) Evaluation of teaching faculty and affiliates of the department or branch’ performance level.
(j) Follow-up student affairs at various stages of study.
(k) Propose a plan for rehabilitation and development of scientific and administrative staff.
Second: Department or branch council has the right to delegate some of its functions to head of department or branch.
Article (XXXII)
First: Dean of the college nominates a head of department who is appointed on the approval of the University Rector.
Second: Head of department or branch is required to:
(a) Has PhD or equivalent with at least the rank of Assistant Professor.
(b) Known for his scientific sobriety and recognized for his administrative qualifications.
(c) With competence in the department affairs.
(d) Fully dedicated to his work.
(e) Has a university service of at least (5) years.
Section V
Teaching staff
Article (XXXIII)
The teaching staff consists of:
First: Professors.
Second: Assistant Professors.
Third: Teachers.
Fourth: Assistant Teachers.
Fifth: What is or equivalent just the above mentioned scientific titles in public universities.
Chapter VI
Financial provisions:
Article (XXXIV)
The financial resources of the university or college not affiliated with the private university or institute shall be as follows:
First: Contribution of the founding entity.
Second: School fees.
Third: Grants, donations, grants, wills and suspension in accordance with the law.
Fourth: Returns from its various activities.
Article (XXXVI)
First: the ministry receives an annual fee (3%) of the total annual income of the private university, college or institute.
Second: The annual net financial saving of the university or college is distributed as follows:
(a) Not more than (25%) for the founding entity, on condition that it should not affect the obligations of the university, college or institute.
(b) At least (25%) to encourage scientific research, authoring, translation and publishing.
(c) Coverage of the cost of expanding and developing the university, college or Institute’s activities for any other area that would achieve its objectives from the remaining financial savings.
Article (XXXVII)
Exempted from the import duties of a university, college or institute from materials, numbers, organs, parts and reserve materials and the means of illustration, books and publications imported specified in their plans and programs that serve their purposes, being subject to the supervision and approval of the ministry.
Chapter VII
Sanctions:
Article (XXXVIII)
First: The minister has the right to notify the university or college not linked affiliated with a university or institute through the notary department if found to be in breach of the requirement to remove the offence within a period not exceeding (90) days from the date of notification.
Second: (a) The minister has the right to suspend admission to the university, college, institute or department for a period not exceeding (3) years when any of the provisions of this act are contravened.
(b) The minister has the right to close a department or branch in the event that the violation is not removed within the period stipulated in section (1) of this article.
(c) The minister has the right to close a department or branch without notifying if a serious breach of the required conditions is established.
(d) The minister has the right to recommend to the Council of Ministers that a university, college or institute should be closed if the offence has not been removed after the period of notification and passage of the aforementioned suspension.
Third: The minister has the right to recommend to the Council of Ministers that a university, college or institute be revoked after being notified when it is found to be in violation of the required conditions and he has the right to recommend cancellation of this without notice if there is a proven serious imbalance in scientific or educational aspects or failure to comply with the objectives for which it was established.
Fourth: A fine of ten times higher than that of student fees when students are admitted outside the plan proposed by the ministry and the penalty is doubled depending on the effect of the violation on the educational process and the infrastructure specified in admission controls or the procedures on which the foundation license is based.
Article (XXXIX)
The minister, on the recommendation of the Private Higher Education Council, has the right to deprive a member of the teaching staff of teaching at the university, college or institute for a temporary or definitive period if he or she commits an act that is incompatible with scientific or educational values and the victim has the right to appeal to the courts within (30) days of notification.
Article (XXXX)
First: if the Council of Ministers decides to abolish the university, college or institute’s license, the ministry shall administer it in accordance with its rules of procedure until the graduation of the last batch of students and it has the right to transfer students to universities, colleges or similar institutions for study and to devolve its movable funds after the liquidation of their obligations and debts to the founding entity.
Second: If it is decided to close a department or branch in accordance with the provisions of paragraphs (b) and (c) of item (ii) of article (XXXVIII) of this act, the ministry shall ensure that students’ transfer to similar private colleges for completion of their studies.
Third: The university, college or institute has the right to dissolve themselves provided that it is approved by the Private Higher Education Council and after the graduation of the last batch of students.
Chapter VIII
General and final provisions:
Article (XXXXI)
The university, college or institute shall provide dormitories for its students that are subject to supervision and follow-up by the ministry in return for fees determined by the university, college or institute and with the approval of the ministry.
Article (XXXXII)
First: The certificates awarded by private universities, colleges or institutes are equivalent to those awarded by public universities in accordance with the provisions of this law.
Second: The ministry is committed to guarantee the service of the university, college or institute’s affiliates to the relevant parties inside and outside Iraq.
Article (XXXXIII)
It is forbidden to combine the presidency or membership of more than one university or college council in private universities, colleges or institutes.
Article (XXXXIV)
The accounts of private universities, colleges and institutes shall be subject to the supervision and scrutiny of the financial supervision office.
Article (XXXXV)
A fund system is established called (the retirement fund for instructors and employees of private universities, colleges and institutes) with moral sense and financial and administrative independence represented by President of the Private Higher Education Council and financed and disbursed in accordance with the Unified Pension Act No. 9 Of 2014 and the Workers ‘ Retirement and Social Security Act No. 39 of 1971.
Article (XXXXVI)
The minister has the right, on the recommendation of the Private Higher Education Council and after the evaluation of the college not affiliated with a university to conversion it to a private university, at least after the graduation of the first batch of students and the provisions of this law are applicable.
Article (XXXXVII)
First: The minister has the right, on the recommendation of the Private Higher Education Council to approve the recruitment of teaching members’ services from official universities to private universities, colleges and institutes to hold the position of University Rector or dean of college or institute or head of department or a member of teaching staff for (5) years, renewable once.
Second: the university, college or institute submits a request in this regard to hold these positions before the start of the school year and whenever needed.
Third: The one whom the ministry admits his recruitment is required to meet the conditions for appointment to the post to be held at private universities, colleges and institutes under the Ministry of Higher Education and Scientific Research Act No. 40 of 1988.
Fourth: In making this decision, the ministry shall take into account the fact that the vacancy must be filled in its jurisdiction or in the administrative or scientific position.
Fifth: The university, college or institute may apologize for that when clarifying the causes and may request the ministry to reconsider its decision.
Sixth: The university, college or institute shall commit itself with the salary of those recruited, their allocations, financial privileges and pension deductions.
Seventh: Private universities, colleges and institutes have the right to make use of the services of retired professors and members of teaching staff at official universities and experts in the State to give lectures or benefit from their experience in achieving their objectives, with the consent of those concerned for the non-retirees.
Eighth: Private universities, colleges and institutes have the right to request for recruitment of the services of members of teaching staff at government universities and ministry formations on the approval of the ministry and to pay for their wages as equivalent to their counterparts in government colleges, on condition that it deduct pension and tax deductions and send them to the competent authorities.
Ninth: Private universities, colleges and institutes should adopt the approved administrative structure and administrative jobs on permanent staff in the morning and afternoon studies, in accordance with those adopted in their government counterparts according to the Civil Service Act No. 24 of 1960, amended.
Article (XXXXVIII)
First: Dates of the meetings of the council shall be determined according to instructions provided for in articles (14, 17 and 25) of this act and shall be held in the presence of two thirds of membership.
Second: Decisions and recommendations shall be taken by a majority of the members and when equal they prefer the side with the President’s vote.
Third: Records of meetings shall be recorded in a special register signed by the President and Secretary of the Council and its members.
Fourth: (a) University Council sends its resolutions and recommendations to the ministry within (15) days of the date of its meetings and they are considered approved in the absence of an objection within (30) days from the date of their registration in the ministry’s register.
(b) The College Council shall submit a meeting minutes within (10) days from the date of its convening to the Rector and the resolutions, recommendations and proposals of the council are considered approved in the absence of objections within (15) days from the date of its registration in the university’s register.
(c) The College Council that is not affiliated with a university pursue the work method of the University Council.
Article (XXXXIX)
The universities, colleges and institutes established by official bodies other than the military and security authorities shall be subject to the supervision and evaluation of the ministry.
Article (XXXXX)
The teaching faculty service at a private university, college or institute is considered a university service for the purposes of promotion, advancement and retirement.
Article (XXXXXI)
State has the right to sell lands to private universities, colleges or institutes in accordance with the law on the sale and lease of state funds No. 21 of 2013.
Article (XXXXXII)
Functions of head of department or college not connected to a university or institute are specified in the internal order, as instructed in government colleges and institutes.
Article (XXXXXIII)
Any action should not be taken concerning the opening of a private university, college or Institute for the admission of students or the equivalence of certificates before the approval of the Council of Ministers and the offending authorities are liable when doing so.
Article (XXXXXIV)
The laws, regulations and instructions of the ministry of higher education and scientific research shall apply in respect of each case in which no provision is made in this act.
Article (XXXXXV)
The ministry of higher education and scientific research is obliged to recognize the private universities established in Kurdistan region that are approved by the Private Universities Act No. 2 of 2013 in the territory if it conforms to the requirements and provisions of this law.
Article (XXXXXVI)
First: the law on private universities and colleges No. 13 of 1966 is repealed and the instructions issued thereunder remain in force until passed or repealed, and the colleges established by virtue of their condition are adapted to the provisions of this law.
Second: The resolution of the Revolutionary Command Council (dissolved) No. 17 in 9/3/1997 is repealed.
Article (XXXXXVII)
First: the relevant bodies should promulgate regulations and instructions to facilitate the implementation of the provisions of this act.
Second: The ministry shall issue instructions to adapt the conditions of colleges, universities and institutes for higher studies approved by a decision of the Council of Ministers prior to the promulgation of this act.
Third: The ministry of higher education and scientific research organizes and handles all matters relating to the branches of the accredited private universities in the territory and the governorates not affiliated in a territory in accordance with the provisions of this act.
Article (XXXXXVIII)
This act takes effect from the date of its publication in the official gazette.
Binding reasons
To enhance the scientific prestige of private universities, colleges and institutes in order to achieve their objectives by granting them the independence and the scientific flexibility towards evolving and creativity as a special pattern of higher education and scientific research in Iraq while ensuring a solid scientific level for its graduates through scientific supervision by the ministry of higher education and scientific research. In order to determine the disciplines under which they are established and define their formations, conditions, scientific and administrative bodies and the basis for their management, guided by the established academic traditions, this act has been enacted.
Definitions, objectives and means:
Act: Private Higher Education Act.
Ministry: Ministry of higher education and scientific research.
Minister: Minister of higher education and scientific research.
Article (I)
The terms in this act refer to:
University, college or institute: any private university or college not affiliated with a private university or institute established in accordance with the provisions of this act.
Council of Private Higher Education: the highest scientific and administrative body that supervises the private education.
Council of the university, college or institute: the highest scientific and administrative body.
The founding body of the university or college not affiliated with a private university or institute: legally responsible body for completing or follow-up the establishment procedures.
Article (II)
The purpose of this act is to:
First: To provide primary and higher academic opportunities (theoretical and applied) for the purpose of contributing to quantitative and qualitative changes in the scientific, cultural and educational movement of Iraqi society.
Second: knowledge dissemination in Iraq and developing it.
Third: Undertake and promote scientific research, develop a scientific approach, develop a sense of national affiliation and responsibility, adhere to the national trend based on the unity of the people and the nation.
Article (III)
The private university, college or institute seek to achieve the objectives of this law by the following means:
First: Establishment of private universities, colleges or institutes of moral personality and financial and administrative independence, represented by the rector of the university or dean of the college unrelated to a university or dean of the institute.
Second: Opening of Headquarters of discreet foreign universities in Baghdad, the territory or the non-regular provinces.
Chapter II
Foundation:
Article (IV)
First: Council of ministers, on the proposal of the minister of higher education and scientific research, and after completion of all requirements for foundation, to approve the establishment of a private university, college or institute to any of the following:
(a) A doctorate or a master’s degree from retirees or non-staff members who are at least in the title of assistant professor, but not more than nine (9) members, (7) members to establish a private college and (5) members to establish a private institute.
(b) Scientific communities or professional associations with scientific, educational and cultural specialties on the conditions set forth in paragraph (a) of article I.
Second: the two parties provided for in paragraph (b) of item (I) of this article are required to:
(a) Its status is in Iraq and is not related to foreign entities outside Iraq.
(b) It has been established since at least five years.
(c) It has a notable activity in the field of publishing and authoring.
(d) It has clear and positive contributions to the development of higher education and scientific research through its serious and continuing participation in scientific and educational conferences and symposia inside and outside Iraq.
(e) It has a financial capacity to create and maintain university or college requirements and to spend money to create requirements not in contrary to the internal legislation in force and to guarantee the rights of the parties on condition that all requirements shall be determined by instructions issued by the ministry.
Third: The university, college or institute will have the financial capacity to provide all the requirements needed to be determined by instructions from the ministry.
Fourth: No rental or use of temporary premises by a university, college or institute.
Article (V)
First: Council of ministers, on the proposal of the minister following a recommendation of the Private Higher Education Council to approve the granting of foreign counterparts for the bodies in article 4 (I/a, b) of this law and foreign universities the right to establish a university, college or institute while taking into consideration the following:
(a) The specialties proposed to be taught at universities, colleges and institutes shall be required for development in Iraq, which are determined by a competent committee of the ministry of higher education and scientific research in coordination with the ministry of planning.
(b) The number of teaching staff is not less than (9) to establish a university, (7) to establish a college and (5) to establish an institute of the title of Assistant Professor who are recognized for their scientific proficiency via the documents provided by the relevant institutions and certified by representative of the republic of Iraq and the Iraqi ministry of foreign affairs.
Second: Ministry of higher education and scientific research shall follow-up the scientific and administrative course of the university in accordance with the provisions of this act.
Article (VI)
First: Application for the establishment of a university, college or institute is to be submitted to the minister with a report after providing the financial, human and scientific requirements such as the building, libraries, laboratories and other necessary requirements under the conditions specified by the ministry on the condition that the total area is at least (7500) square meters and the area for each department is (2500) square meters.
Second: The internal system is attached with this application which includes the following:
(a) The name of the university or the college not associated with a university or an institute, its headquarters and objectives.
(b) The financial resources of the university, college or institute.
(c) The organizational structure of the university, college or institute.
(d) The private colleges and its scientific departments or branches.
(e) The private institute and its scientific departments or branches.
(f) The number of members of the teaching staff at every college, institute, department, branch and their degrees, qualifications and previous services.
(g) The work structure of teaching staff.
(h) Any other matters governing the work of the university, college or institute.
Third: The minister shall submit this application according to the requirements set forth in sections I and II of this article, together with his opinion to the council of ministers within (60) days of its date.
The council of ministers shall decide whether or not to establish a university, college or institute within (90) days of the date of registration of the application, and if it is not decided during the said period, the application is implicitly considered admissible.
(c) If the application is rejected by the council of ministers, a right of appeal would be submitted by those concerned to the administrative court of justice within (30) days from the date of rejection of the application.
Article (VII)
The ministry shall receive a fee for foundation from the university, college or institute which is determined by a decision of the council of ministers and the fee is allocated for the State treasury.
Article (VIII)
First: The initial study at the university, college or institute shall be for morning, evening or both and the applicant shall be required to have the certificate of the secondary study or its equivalent corresponding to the specialties in the official governmental universities.
Second: The duration of study at a university or college is (4) years at least and the graduate is awarded a bachelor in his (her) specialization.
Third: The duration of postgraduate studies in universities, colleges or institutes is at least:
-Two years for a master study.
-Three years of doctoral study.
Fourth: The duration of the study at the institute shall be at least two years and the graduates are given a professional or technical diploma in their specialization.
Article (IX)
The ministry approves the introduction of postgraduate programs at university or college unrelated to a university or institute, following the availability of the material, scientific requirements, the quality of the rare specialties and the needs of the country.
Chapter III
Supervision and evaluation:
Article (X)
First: the private university, college or institute shall be subject to the supervision and evaluation of the ministry to ensure the implementation of the objectives set forth in this law and maintain the level of efficiency required by the adoption by ministers of methods and formulas recognized in university traditions.
Second: Primary and postgraduate studies in private universities, colleges or institutes are subject to the same instructions and controls as established by the ministry of higher education and scientific research.
Article (XI)
The private university, college and institute are obliged to provide the ministry with the following:
First: Records of the council of the university, college or institute.
Second: Quarterly and annual reports on the scientific and educational process.
Third: Success, failure and dropout rates.
Fourth: Any information requested by the ministry.
Chapter IV
Private Higher Education Council:
Article (XII)
First: A council is established at the ministry’s center named (Private Higher Education Council) which is the highest scientific and administrative body that supervises private education.
Second: Private Higher Education Council consists of the following (on condition that each has the title of Assistant Professor):
(a) Head of the supervision and scientific evaluation at the ministry or an agent of the ministry commissioned by the minister as president.
(b) Five private university presidents, four deans of private colleges unrelated to a university and two deans of private colleges; elected as members.
(c) Director General of the department of studies, planning and follow-up as a member.
(d) Director General of the department of research and development as a member.
(e) Director of the department of private education at the ministry as a member.
(f) Director of the department of private education of the ministry of higher education and scientific research at Kurdistan region as a member.
(g) Representative of the global universities of the founding branch in Iraq elected as a member.
Third: Private Higher Education Council selects a vice-president from among its members who work on his account during absence.
Fourth: President of the council selects a rapporteur from among the members of the council.
Article (XIII)
The council exercises the following tasks:
First: Propose the private education plan in line with the education plan for Iraq.
Second: Approval of the annual admission requirements for private higher education.
Third: Approval of the proposed number of students to be accepted annually at a university, college or institute.
Fourth: Approval of amount of annual tuition fees proposed by the university, college or institute and to submit them to the ministry for approval.
Fifth: Approval of the curricula proposed by the university, college or institute once approved by the competent bodies of the ministry.
Sixth: Approval of scientific promotions of the members of teaching staff in the private education following their approval by the university or college council, which are unaffiliated with a university via the promotion committees.
Seventh: Recommend the opening of private universities and colleges when the availability of the conditions for their inauguration.
Eighth: Recommend actions and means that ensure the proper functioning of a university or college in all areas.
Ninth: Recommend the transform of the college that is not affiliated with a university to a university.
Tenth: Approval of appointment and exemption of Associate Rector and college deans.
Eleventh: Expressing opinions on the matters relating to private universities and colleges presented by the ministry before a resolution is taken.
Twelfth: Proposal to nominate representatives of private universities and colleges in the competent bodies formed by the ministry.
Thirteenth: Follow-up procedures for provision and development of university or college study requirements.
Fourteenth: Follow-up the scientific and educational supervision affairs of the private education.
Fifteenth: Formation of development committees in coordination with the department of private higher education at the ministry.
Article (XIV)
First: Private Higher Education Council shall meet at the invitation of the president at least once a month or at a written request submitted by one third of its membership when necessary the quorum would be accepted in the presence of two-thirds of the members and the decisions, recommendations and proposals shall be made by a majority of attendees and when votes are equal, the one with the president is indorsed.
Second: Records of the meetings shall be registered in a special register to be signed by the president of the council and all members.
Third: The council sends its suggestions and recommendations to the scientific supervision and evaluation body within (15) days of its promulgation and the recommendations are considered indorsed on the fact that the minister of higher education and scientific research has not objected to during (15) days from the date of their registration in his office.
Chapter V
University or college formations not affiliated with private university or institute:
Section I
University
Article (XV)
The university consists of a number of colleges at least three, and may include a center for scientific research and administrative formations.
Article (XVI)
First: A council is established at the university called (University Council) which is the highest scientific and administrative body in.
Second: the university council consists of the following:
(a) University president/Rector.
(b) Associate Rector for scientific affairs/member.
(c) Associate Rector for administration affairs/member.
(d) Deans of colleges, heads of departments or branches at the university that has no colleges/members.
(e) Representative of the founding body of the university who meets the requirements of this position at the official universities and of expertise/member.
(f) Representative of faculty members elected by the university’s teaching staff/member.
(g) Secretary of the university council appointed by the university council/member.
(h) Representative of students elected for dealing with student matters/member.
Third: Rector selects a Rapporteur of the council from among the members of the university teaching staff.
Article (XVII)
First: University council exercises the following functions:
(a) Setting admission conditions.
(b) Recommend the proposed number of students for admission at the beginning of each school year.
(c) Recommend the adoption of the proposed curricula and submit them to the ministry.
(d) Approval of the requirements of education plan.
(e) Propose the amount of annual tuition fees.
(f) Manage, invest and dispose of the university’s funds in accordance with the university’s objectives.
(g) Propose the appointment of Associate Rector.
(h) Approval of the appointment and exemption of college deans and heads of the departments and branches.
(i) Recommend the extension of the term of service of the Rector or the nomination of an alternative or exemption.
(j) Recruitment of faculty members and extension or termination of recruitment.
(k) Grant scientific degrees to graduates.
(l) Approval of scientific promotions of faculty members after coordination with the department of research and development at the ministry.
(m) Recommend the opening of a college within the private university and submit this to the ministry.
(n) Recommend the opening of scientific departments or branches, merged or repealed and submit this to the ministry.
(o) Approval of the annual budget, the final account and transfer of its chapters.
(p) Approval of the faculties and scientific departments’ staff.
(q) Approval of contract with non-Iraqi faculty members in accordance with the regulations adopted by the official universities except for fixing wages.
(r) Approval of contract with members of the teaching staff and other employees, determine their remuneration and emoluments, accept resignations and terminate their services.
(s) Approval to conclude agreements with universities, colleges and scientific institutions dealing with scientific research inside and outside Iraq.
(t) Suspension of study completely or partially if necessary for not less than (7) days, on condition that the Private Higher Education at the ministry will be informed about that, indicating the reasons therefor.
(u) Donation of funds transferred to universities or colleges and scientific and educational institutions within Iraq in accordance with the law.
(v) Acceptance of grants, donations, grants, wills and moratoriums from within and outside Iraq in accordance with the law.
(w) Approval of opening of teaching of foreign languages and continuing education courses.
Second: University Council has the right to delegated some of its functions to the Rector.
Article (XVIII)
First: the Rector shall be appointed by nomination from the founding committee with the minister’s approval for (4) years, renewable once.
Second: The Rector is required to:
(a) Iraqi if the university is Iraqi.
(b) Has a doctorate degree or its equivalent of a Professor’s rank.
(c) Known for his scientific sobriety and recognized for its administrative efficiency.
(d) Competent in the study of one of the university’s scientific departments or disciplines.
(e) Fully dedicated to his work.
(f) Has a university service of at least 10 years.
Third: The Rector of the university exercises the following functions:
(a) Presidency of University Council, calling upon his invitation to meet, implementation of its resolutions and the representation of the university before official and unofficial bodies.
(b) Management of the university’s scientific and administrative affairs in accordance with the law.
(c) Issuance of an order for the appointment of the Associate Rector.
(d) Issuance of an order for the appointment of the college dean.
(e) Approval of the appointment of the Associate Dean and heads of scientific departments and branches.
(f) Signing of contracts and agreements with the approval of the University Council.
(g) ) Approval of the decisions of the commissions on write-offs, valuation and rent in accordance with the laws.
(h) Dispatch the university’s affiliates inside and outside Iraq.
(i) Recommend the donation of funds transferred to universities, colleges and scientific and educational institutions within Iraq.
(j) Approval of payment of rewards to those who provide services to the university.
Fourth: The Rector of the university has the right to delegate some of his functions to his Associate or to the deans or heads of departments or branches at the universities where there are no colleges.
Fifth: The Associate Rector is required to:
(a) Has a doctorate degree or its equivalent and at least of Assistant Professor’ rank.
(b) Known for his scientific sobriety and recognized for his administrative efficiency.
Section II
College
Article (XIX)
First: A council is established at the college called (College Council), which is the highest scientific and administrative body in.
Second: College Council consists of:
(a) Dean of the college/President.
(b) Associate Dean for scientific affairs/Vice-president.
(c) Associate Dean for administrative affairs/member.
(d) Heads of scientific departments or branches in colleges/members.
(e) Secretary of the College Council appointed by the council/member.
(f) Representative of the faculty members not less than a teacher/member.
(g) Representative of students elected for dealing with student matters/member.
Third: Dean of the college selects a Rapporteur of the college from among the members.
Article (XX)
First: College Council exercises the following functions:
(a) Propose the admission conditions for scientific departments and follow-up their implementation after their adoption.
(b) Propose the number of students admitted at the beginning of each school year.
(c) Propose plans for the opening of scientific departments or branches and propose development, merging or elimination of scientific departments and branches and introduce or aboish others.
(d) Approval of the plans of scientific departments concerning the invitation of visiting professors.
(e) Propose plans for scientific research, authoring, translation and publication.
(f) Propose a plan to provide education supplies.
(g) Propose curricula and the changes to be made with a view for sobriety of the scientific situation.
(h) Distribution of curricula in school years.
(i) Propose tuition fees.
(j) Number of college staff.
(k) Imposition of disciplinary penalties on students in accordance with the instructions of the students ‘ discipline in force.
(l) Propose a plan for cultural and scientific relations with official and private colleges and universities inside and outside Iraq.
(m) Recommend granting scientific certificates to the graduates.
(n) Submit scientific promotions of faculty members to the Committee for Scientific Promotions at public universities for the purpose recommending promotion to the University Council and after completion of promotion procedures except for teaching staff at the branches of the scientific universities.
(o) Recommend the opening of morning or evening courses for the teaching of foreign languages and continuing education.
Second: College Council has the right to delegate some of its functions to the dean.
Article (XXI)
A central committee for scientific promotions is established at the ministry for the promotion of the teaching staff at the private universities, colleges and institutes in accordance with instructions issued by the minister.
Article (XXII)
The dean of the college is appointed on the recommendation of the University Council, by a decision of the Rector of the university, for (4) years, renewable once and is required to be:
First: Iraqi.
Second: Has a doctorate degree or its equivalent, at least at the rank of professor.
Third: Known for his scientific sobriety and administrative efficiency.
Fourth: Competent in the study of one of the college’s scientific departments or disciplines.
Fifth: Fully dedicated to his work.
Sixth: Has a university service of at least (5) years.
Article (XXIII)
First: Dean of the college is responsible for the following tasks:
(a) Pursue the course of study in the college in order to achieve its objectives and to work on the continuous development of the scientific, intellectual and educational situation.
(b) Implementation of the decisions of the College Council.
(c) Endorse the recommendations of the departments or branches councils.
(d) Approval of distribution of study materials and quarterly units to faculty members and lecturers.
(e) Approval of the purchase or import of laboratory and scientific means, books and other items.
(f) Approval of the recommendations of the committees formed at the college.
(g) Approval of payment of rewards for those who provide services to the college.
(h) Dispatch of the college’s affiliates inside Iraq.
Second: Dean of the college has the right to delegate some of his functions to his Associate, head of department or branch.
Third: Head of department exercises the power of the dean in the universities which are composed of departments.
Article (XXIV)
The dean has two Associates of the teaching staff appointed at the college whose scientific rank is not less than a teacher.
Section III
College not associated with a university
Article (XXV)
First: A council is established at the college called (College Council), which is the highest scientific and administrative body in.
Second: College Council consists of:
(a) Dean of the college/President.
(b) Associate Dean for scientific affairs/member.
(c) Associate Dean for administrative affairs/member.
(d) Heads of scientific departments or branches in colleges/members.
(e) Secretary of the College Council appointed by the council/member.
(f) Representative of the faculty members not less than a teacher/member.
(g) Representative of students elected for dealing with student matters/member.
Third: Dean of the college selects a Rapporteur of the college from among the members.
Article (XXVI)
College Council exercises the functions, competences and powers of the University Council provided for in article (XVII) of this law.
Article (XXVII)
The dean of the college who is not affiliated with a university is appointed and he exercises his functions in accordance with the provisions of article (XVIII) of this law.
Article (XXVIII)
The provisions of article (XXV) of this Law shall apply to the establishment of private institutes.
Section IV
Department or branch of university or a college not affiliated with a university
Article (XXIX)
The college consists of scientific departments or branches and may include research and administrative formations.
Article (XXX)
First: Scientific department or branch: is the essential scientific formation of the private higher education that manages its council and it includes a number of instructors of Ph.D. or Master degrees or equivalent appointed in the college, no more than (7) in number who five of them at least have a doctorate or a equivalent and one of them at least is Assistant Professor.
Second: Department or branch Council consists of:
(a) Head of department or branch/President.
(b) Members of teaching faculty who are appointed in the college/members.
Third: Head of department or branch selects one member from the teaching faculty/Rapporteur of the council.
Article (XXXI)
First: Head of department or branch exercises the following functions:
(a) Recommend what the faculty members, lecturers and technicians need and inviting visiting professors.
(b) Approval of scientific research projects submitted by members of department, branch or center and suggesting ways of accomplishment.
(c) Recommend the strengthening of authorship, translation, publication, scientific research, interest in student research and requirements for their implementation.
(d) Implementation of the decisions of the University or College Councils referred by the dean.
(e) Establishing scientific and pedagogical committees as required by department.
(f) Follow-up scientific and technical developments and to direct the members of the teaching staff to modernize and develop the curricula.
(g) Discussing curricula, vocabulary and textbooks and propose amendment or alternation in the light of the recommendations of faculty members.
(h) Supervising the conduct and methods of teaching and its development.
(i) Evaluation of teaching faculty and affiliates of the department or branch’ performance level.
(j) Follow-up student affairs at various stages of study.
(k) Propose a plan for rehabilitation and development of scientific and administrative staff.
Second: Department or branch council has the right to delegate some of its functions to head of department or branch.
Article (XXXII)
First: Dean of the college nominates a head of department who is appointed on the approval of the University Rector.
Second: Head of department or branch is required to:
(a) Has PhD or equivalent with at least the rank of Assistant Professor.
(b) Known for his scientific sobriety and recognized for his administrative qualifications.
(c) With competence in the department affairs.
(d) Fully dedicated to his work.
(e) Has a university service of at least (5) years.
Section V
Teaching staff
Article (XXXIII)
The teaching staff consists of:
First: Professors.
Second: Assistant Professors.
Third: Teachers.
Fourth: Assistant Teachers.
Fifth: What is or equivalent just the above mentioned scientific titles in public universities.
Chapter VI
Financial provisions:
Article (XXXIV)
The financial resources of the university or college not affiliated with the private university or institute shall be as follows:
First: Contribution of the founding entity.
Second: School fees.
Third: Grants, donations, grants, wills and suspension in accordance with the law.
Fourth: Returns from its various activities.
Article (XXXVI)
First: the ministry receives an annual fee (3%) of the total annual income of the private university, college or institute.
Second: The annual net financial saving of the university or college is distributed as follows:
(a) Not more than (25%) for the founding entity, on condition that it should not affect the obligations of the university, college or institute.
(b) At least (25%) to encourage scientific research, authoring, translation and publishing.
(c) Coverage of the cost of expanding and developing the university, college or Institute’s activities for any other area that would achieve its objectives from the remaining financial savings.
Article (XXXVII)
Exempted from the import duties of a university, college or institute from materials, numbers, organs, parts and reserve materials and the means of illustration, books and publications imported specified in their plans and programs that serve their purposes, being subject to the supervision and approval of the ministry.
Chapter VII
Sanctions:
Article (XXXVIII)
First: The minister has the right to notify the university or college not linked affiliated with a university or institute through the notary department if found to be in breach of the requirement to remove the offence within a period not exceeding (90) days from the date of notification.
Second: (a) The minister has the right to suspend admission to the university, college, institute or department for a period not exceeding (3) years when any of the provisions of this act are contravened.
(b) The minister has the right to close a department or branch in the event that the violation is not removed within the period stipulated in section (1) of this article.
(c) The minister has the right to close a department or branch without notifying if a serious breach of the required conditions is established.
(d) The minister has the right to recommend to the Council of Ministers that a university, college or institute should be closed if the offence has not been removed after the period of notification and passage of the aforementioned suspension.
Third: The minister has the right to recommend to the Council of Ministers that a university, college or institute be revoked after being notified when it is found to be in violation of the required conditions and he has the right to recommend cancellation of this without notice if there is a proven serious imbalance in scientific or educational aspects or failure to comply with the objectives for which it was established.
Fourth: A fine of ten times higher than that of student fees when students are admitted outside the plan proposed by the ministry and the penalty is doubled depending on the effect of the violation on the educational process and the infrastructure specified in admission controls or the procedures on which the foundation license is based.
Article (XXXIX)
The minister, on the recommendation of the Private Higher Education Council, has the right to deprive a member of the teaching staff of teaching at the university, college or institute for a temporary or definitive period if he or she commits an act that is incompatible with scientific or educational values and the victim has the right to appeal to the courts within (30) days of notification.
Article (XXXX)
First: if the Council of Ministers decides to abolish the university, college or institute’s license, the ministry shall administer it in accordance with its rules of procedure until the graduation of the last batch of students and it has the right to transfer students to universities, colleges or similar institutions for study and to devolve its movable funds after the liquidation of their obligations and debts to the founding entity.
Second: If it is decided to close a department or branch in accordance with the provisions of paragraphs (b) and (c) of item (ii) of article (XXXVIII) of this act, the ministry shall ensure that students’ transfer to similar private colleges for completion of their studies.
Third: The university, college or institute has the right to dissolve themselves provided that it is approved by the Private Higher Education Council and after the graduation of the last batch of students.
Chapter VIII
General and final provisions:
Article (XXXXI)
The university, college or institute shall provide dormitories for its students that are subject to supervision and follow-up by the ministry in return for fees determined by the university, college or institute and with the approval of the ministry.
Article (XXXXII)
First: The certificates awarded by private universities, colleges or institutes are equivalent to those awarded by public universities in accordance with the provisions of this law.
Second: The ministry is committed to guarantee the service of the university, college or institute’s affiliates to the relevant parties inside and outside Iraq.
Article (XXXXIII)
It is forbidden to combine the presidency or membership of more than one university or college council in private universities, colleges or institutes.
Article (XXXXIV)
The accounts of private universities, colleges and institutes shall be subject to the supervision and scrutiny of the financial supervision office.
Article (XXXXV)
A fund system is established called (the retirement fund for instructors and employees of private universities, colleges and institutes) with moral sense and financial and administrative independence represented by President of the Private Higher Education Council and financed and disbursed in accordance with the Unified Pension Act No. 9 Of 2014 and the Workers ‘ Retirement and Social Security Act No. 39 of 1971.
Article (XXXXVI)
The minister has the right, on the recommendation of the Private Higher Education Council and after the evaluation of the college not affiliated with a university to conversion it to a private university, at least after the graduation of the first batch of students and the provisions of this law are applicable.
Article (XXXXVII)
First: The minister has the right, on the recommendation of the Private Higher Education Council to approve the recruitment of teaching members’ services from official universities to private universities, colleges and institutes to hold the position of University Rector or dean of college or institute or head of department or a member of teaching staff for (5) years, renewable once.
Second: the university, college or institute submits a request in this regard to hold these positions before the start of the school year and whenever needed.
Third: The one whom the ministry admits his recruitment is required to meet the conditions for appointment to the post to be held at private universities, colleges and institutes under the Ministry of Higher Education and Scientific Research Act No. 40 of 1988.
Fourth: In making this decision, the ministry shall take into account the fact that the vacancy must be filled in its jurisdiction or in the administrative or scientific position.
Fifth: The university, college or institute may apologize for that when clarifying the causes and may request the ministry to reconsider its decision.
Sixth: The university, college or institute shall commit itself with the salary of those recruited, their allocations, financial privileges and pension deductions.
Seventh: Private universities, colleges and institutes have the right to make use of the services of retired professors and members of teaching staff at official universities and experts in the State to give lectures or benefit from their experience in achieving their objectives, with the consent of those concerned for the non-retirees.
Eighth: Private universities, colleges and institutes have the right to request for recruitment of the services of members of teaching staff at government universities and ministry formations on the approval of the ministry and to pay for their wages as equivalent to their counterparts in government colleges, on condition that it deduct pension and tax deductions and send them to the competent authorities.
Ninth: Private universities, colleges and institutes should adopt the approved administrative structure and administrative jobs on permanent staff in the morning and afternoon studies, in accordance with those adopted in their government counterparts according to the Civil Service Act No. 24 of 1960, amended.
Article (XXXXVIII)
First: Dates of the meetings of the council shall be determined according to instructions provided for in articles (14, 17 and 25) of this act and shall be held in the presence of two thirds of membership.
Second: Decisions and recommendations shall be taken by a majority of the members and when equal they prefer the side with the President’s vote.
Third: Records of meetings shall be recorded in a special register signed by the President and Secretary of the Council and its members.
Fourth: (a) University Council sends its resolutions and recommendations to the ministry within (15) days of the date of its meetings and they are considered approved in the absence of an objection within (30) days from the date of their registration in the ministry’s register.
(b) The College Council shall submit a meeting minutes within (10) days from the date of its convening to the Rector and the resolutions, recommendations and proposals of the council are considered approved in the absence of objections within (15) days from the date of its registration in the university’s register.
(c) The College Council that is not affiliated with a university pursue the work method of the University Council.
Article (XXXXIX)
The universities, colleges and institutes established by official bodies other than the military and security authorities shall be subject to the supervision and evaluation of the ministry.
Article (XXXXX)
The teaching faculty service at a private university, college or institute is considered a university service for the purposes of promotion, advancement and retirement.
Article (XXXXXI)
State has the right to sell lands to private universities, colleges or institutes in accordance with the law on the sale and lease of state funds No. 21 of 2013.
Article (XXXXXII)
Functions of head of department or college not connected to a university or institute are specified in the internal order, as instructed in government colleges and institutes.
Article (XXXXXIII)
Any action should not be taken concerning the opening of a private university, college or Institute for the admission of students or the equivalence of certificates before the approval of the Council of Ministers and the offending authorities are liable when doing so.
Article (XXXXXIV)
The laws, regulations and instructions of the ministry of higher education and scientific research shall apply in respect of each case in which no provision is made in this act.
Article (XXXXXV)
The ministry of higher education and scientific research is obliged to recognize the private universities established in Kurdistan region that are approved by the Private Universities Act No. 2 of 2013 in the territory if it conforms to the requirements and provisions of this law.
Article (XXXXXVI)
First: the law on private universities and colleges No. 13 of 1966 is repealed and the instructions issued thereunder remain in force until passed or repealed, and the colleges established by virtue of their condition are adapted to the provisions of this law.
Second: The resolution of the Revolutionary Command Council (dissolved) No. 17 in 9/3/1997 is repealed.
Article (XXXXXVII)
First: the relevant bodies should promulgate regulations and instructions to facilitate the implementation of the provisions of this act.
Second: The ministry shall issue instructions to adapt the conditions of colleges, universities and institutes for higher studies approved by a decision of the Council of Ministers prior to the promulgation of this act.
Third: The ministry of higher education and scientific research organizes and handles all matters relating to the branches of the accredited private universities in the territory and the governorates not affiliated in a territory in accordance with the provisions of this act.
Article (XXXXXVIII)
This act takes effect from the date of its publication in the official gazette.
Binding reasons
To enhance the scientific prestige of private universities, colleges and institutes in order to achieve their objectives by granting them the independence and the scientific flexibility towards evolving and creativity as a special pattern of higher education and scientific research in Iraq while ensuring a solid scientific level for its graduates through scientific supervision by the ministry of higher education and scientific research. In order to determine the disciplines under which they are established and define their formations, conditions, scientific and administrative bodies and the basis for their management, guided by the established academic traditions, this act has been enacted.