Higher Education and Scientific Research Law

1
Law No. (23) of 2009 and its Amendments
Higher Education and Scientific Research Law
Article 1
This law shall be titled “Higher Education and Scientific Research Law
of 2009 and its Amendments,” and shall become effective as of its date of
publication in the official gazette.
Article 2
Unless the context indicates otherwise, the following terms and
expressions, wherever mentioned herein, shall have the hereinunder
designated meanings:
Ministry : Ministry of Higher Education and Scientific
Research
Minister : Minister of Higher Education and Scientific
Research
Higher Education : An education with duration not less than one
complete academic year of study after acquiring the
general high-school certificate or its equivalent.
Council : The Council of Higher Education established in
accordance with this Law.
Chairman : Chairman of the Council
Higher Education Institutions: Institutions of higher-education, whether
universities, intermediate community colleges, etc.
Field of Specialization: A set of educational materials not less than one
complete academic year of study in any highereducation
institution; a successful completion thereof
leads to acquiring a certificate in such field.
Fund : The Scientific Research Promotion Fund established
in accordance with this Law.
2
Article 3
Higher education aims to achieve the following:
A- Preparing qualified and specialized human resources in various
fields of knowledge that meet society’s needs.
B- Fostering Islamic faith and its spiritual and moral values, and
promoting national belonging.
C- Observing and promoting democracy to ensure the freedom of
academic work, freedom of speech, respect for different opinions,
team-spirit, assuming responsibility and utilizing scientific critical
thinking.
D- Providing academic, research, psychological and social
environment that supports innovation, excellence, creativity and
refinement of talents.
E- Promoting the appreciation of the national heritage, national
culture and international cultures, and attending to the general
education of the students.
F- Adopting Arabic to be the language of science and education in
higher-education levels, and encouraging scientific writing in
Arabic and translation from and into it, and adopting English as a
supporting language.
G- Contributing in promoting knowledge in the fields of science,
literature, arts and others.
H- Promoting students’ conversance in at least one foreign language in
their fields of specialization, and equip them with the appropriate
skills to use information technology in such fields.
I- Promoting, supporting and elevating scientific research, especially
the applied scientific research oriented to serve and develop
society.
3
J- Building a scientific, technical national nucleus capable of
developing the scientific research and producing technology.
K- Establishing a solid institutional relationship between
public/private sectors and higher-education institutions in order to
utilize the qualifications in these institutions in developing these
sectors through consultations and applied scientific research.
L- Consolidating scientific, cultural, artistic and technical
collaboration in the field of higher education and scientific research
with countries, international organizations and Arab, Islamic and
foreign institutions, and advancing such fields to cope with modern
and advanced trends.
Article 4
The Ministry assumes the following duties and powers:
A- Implementing the general policy of higher education in the
educational, cultural, scientific and research fields within the
framework of higher education institutions.
B- Coordinating between higher-education institutions and
consultation centers in the Kingdom – both public and private – for
an optimum utilization of the educational, cultural, research and
consultation capacities of these institutions and centers.
C- Concluding scientific and cultural agreements related to higher
education and scientific research with the Arab and foreign
countries.
D- Representing the Kingdom in local and foreign conferences and
seminars related to higher education.
E- Recognizing non-Jordanian higher education institutions and
equalizing certificates issued by them according to principles and
standards defined pursuant to a law designated therefor.
4
F- Establishing the fundamentals of dispatching the Ministry’s
delegates in the scientific missions of the higher-education
institutions inside and outside the Kingdom, and organizing and
supervising the delegation’s affairs.
G- Following up the affairs of Jordanian students abroad.
H- Organizing the affairs of the students delegated to and from the
Kingdom, and the affairs of scientific delegates in coordination
with the competent authorities.
I- Preparing and providing qualified administrative and technical
bodies capable of carrying out the Council’s duties and following
up its affairs.
J- Providing the Council with any available studies, information and
data related to higher education and scientific research.
K- Organizing bureaus that provide services to higher-education
students in accordance with a law issued therefor.
L- Providing scholarships and loans to students in the official
universities in accordance with a law issued therefor.
M-Organizing and supervising the delegation affairs in order to
implement agreements and educational exchange programs
between the Kingdom and other countries in accordance with a law
issued therefor.
Article 5
A- A council named “Council of Higher Education” shall be
established, presided by the Minister and the membership of the
following:
1- Ministry’s Secretary.
2- President of the Higher Education Institutions Accreditation Panel.
5
3- Seven experts in the academic field and higher education who
hold a professorship.
B- 1- The admission and discharge of the members mentioned in
clause 3/paragraph A of this article are determined by a decision by
the Cabinet and through the Minister’s recommendation, provided
that the appointment decision shall be supported by a royal decree.
2- None of the members appointed pursuant to clause 1 of this
paragraph shall be a minister, member of parliament, public
officer, president or member of the board of trustees of any
university.
3- The Council shall nominate one of its members as a deputy
president.
4- The Council shall establish permanent committees from its
members, including academic, administrative and financial
committees to study the issues referred to them and submit
recommendations about them to the Council according to each
committee’s specialization.
Article 6
A- The Council shall assume the following duties and powers:
1- Shaping the higher education policy in the Kingdom and
submitting it to the Cabinet to make the appropriate decision.
2- Approving the establishment of higher education institutions in
the Kingdom and ratifying the fields of specialization and
programs they offer, or amending or canceling them according
to the requirements and variables.
6
3- Supervising universities to help them realize their goals and
duties, and issuing instructions required by the law.
4- Distributing governmental subsidies to the official universities
according to rules accredited by the Council for this end.
5- Establishing the general rules of admitting students in higher
education institutions, and determining the annual number of
the students admitted in the various fields of specialization
pursuant to the accreditation standards.
6- Recommending the appointment of the presidents of the official
Jordanian universities.
7- Appointing the boards of trustees of the private universities, and
approving the presidents of these universities.
8- Accrediting the annual budgets and final accounts of the higher
education institutions.
9- Approving scientific and academic collaboration agreements
with foreign universities which result in joint programs that lead
to acquiring scientific degrees.
10- Monitoring the implementation by higher-education
institutions of the Council’s decisions related to admission
policies and students number according to instructions by the
Council for this purpose.
11- Certifying the annual auditor’s report in higher-education
institutions and the semiannual report prepared by the Internal
Monitoring and Audit Unit.
12- Discussing draft regulations proposed by the highereducation
institutions and submitting them to the Cabinet to
finalize their constitutional procedures.
B- Furthermore, the Council assumes the following duties and powers
pursuant to the recommendation of the Higher-Education
7
Institutions Accreditation Panel and in accordance with the
provisions of its law:
1- Canceling the license of one or more majors.
2- Halting admission – permanently or temporarily.
3- Closing the higher education institution – permanently or
temporarily.
4- Establishing a committee to directly supervise the higher
education institution.
Article 7
A- The Council shall hold its meetings by an invitation from its
president or, if absent, by the deputy president. The meeting
becomes valid by the presence of at least eight members, including
the president or deputy president, and decisions are issued by the
majority of votes of the attending members.
B- The president shall nominate an employee in the Ministry as the
Council’s secretary, who will organize its meetings agenda, record
its minutes, file its records, follow up the implementation of its
decision and carry out any other task he/she is entrusted with by the
Minister.
C- The Council shall enact instructions necessary for organizing its
meetings.
Article 8
The Council consists of two units:
A- Policies and Planning Unit, which assumes the following duties:
1- Gathering data related to all aspects of higher education sector.
8
2- Carrying out studies and researches necessary for developing
the higher education sector.
3- Identifying the financial needs of the higher education sector.
4- Any other tasks it is entrusted with by the Council.
B- Unified Admission Coordination Unit:
Coordinates student admission process in the official Jordanian
universities according to rules established by the Council and other
tasks it is entrusted with.
Article 9
A- A fund named “The Scientific Research Promotion Fund” is to be
established. It shall have a legal personality and should be
financially and administratively independent. Its objective is to
promote and encourage scientific research in the Kingdom.
B- The Fund shall have a general manager holding a degree of
professorship, who is to be appointed by a decision by the Cabinet
according to the Minister’s recommendation, provided that his/her
salary and all financial rights shall be stated in his/her appointment
decision. His/her services shall be terminated in the same manner.
C- A board of directors shall manage and supervise the Fund, which is
presided by the Minister and consists of the following members:
1- Ministry’s Secretary General / as deputy president.
2- Secretary General of the Ministry of Finance.
3- Secretary General of the Higher Council of Sciences and
Technology.
9
4- Three professors working in Jordanian universities, who
represent scientific, applied, fundamental and humane fields.
5- Three experts who represent the different bodies contributing to
the Fund’s incomes.
6- The Fund’s General Manager.
D- By the Council’s decision, the members mentioned in clauses (4)
and (5) of paragraph (C) shall be appointed for one-time renewable
term of two years.
E- The duties and powers of the Fund’s board of directors, the
expenditure from the Fund’s properties and all other relevant
matters are determined in accordance with a law issued therefor.
Furthermore, the funds shall not be used for purposes other than
scientific research and for its employees appointed according to the
civil service law in force.
Article 10
A- The Fund’s financial resources include the following:
1- Allocations from the state’s general budget.
2- Surplus from the allocations of scientific research, publications,
conferences, delegation and dispatching which have not been
spent by the Jordanian universities during every last three years.
3- Revenues from patents, intellectual properties and technology
investments supported by the Fund.
4- Any grants, donations or aids the Fund receives, which must be
approved by the Cabinet if they come from a non-Jordanian
source.
10
B- The Fund’s properties are considered public funds which are
collected pursuant to the effective Public Funds Collection Law.
For this end, the Fund’s general manager may exercise the powers
of the governor and the public funds collection committee
mentioned in the above-mentioned law.
C- The Fund’s properties and accounts are supervised by the Audit
Bureau.
Article 11
The Fund is the legal and factual successor of the “Scientific Research
Promotion Fund” established pursuant to the provisions of Higher
Education and Scientific Research Law no. (4) of 2005, whose entire
assets, liabilities, movables, immovables and rights shall accrue to the
Fund.
Article 12
A- The Ministry shall charge fees (to be deposited into the Treasury’s
account) for licensing private higher-education institutions. The
fees amount, collection terms and all other relevant matters are
determined in accordance with a special regulation issued for this
purpose.
B- The Ministry shall charge fees (to be deposited into the Treasury’s
account) for the services it provides for equalizing and
authenticating certificates or for certifying courses and expertise
certificates of the teaching staff issued by higher-education
institutions. The amount of such fees is determined by instructions
issued by the Minister.
11
Article 13
The Cabinet shall issue the regulations necessary for implementing this
law.
Article 14
Higher Education and Scientific Research Law no. (4) of 2005 shall be
abolished. However, the regulations issued by its virtue shall remain in
force until amended, abolished or substituted by other regulations in
accordance with this law during a maximum period of six months as of
the date the provisions herein come into force.
Article 15
The Prime Minister and the ministers are entrusted with the
implementation of the provisions herein.

Original source: http://www.mohe.gov.jo/en/GovPapers/law%20of%20higher%20education%20and%20scientific%20research%201.pdf