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 higher education 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 higher education 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.
