Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
27 December 1996 [shall
come into force on 24 January 1997];
23 November 2000 [shall come into force on 26 December
2000];
20 May 2003 (Constitutional Court Judgment) [shall come
into force on 20 May 2003];
3 June 2004 [shall come into force on 11 June
2004];
2 March 2006 [shall come into force on 6 April
2006];
15 February 2007 [shall come into force on 24 February
2007];
19 April 2007 [shall come into force on 6 May
2007];
3 July 2008 [shall come into force on 16 July
2008];
12 December 2008 [shall come into force on 1 January
2009];
12 June 2009 [shall come into force on 1 July
2009];
1 December 2009 [shall come into force on 1 January
2010];
18 February 2010 [shall come into force on 23 March
2010];
23 December 2010 [shall come into force on 1 January
2011];
14 July 2011 [shall come into force on 1 August
2011];
15 December 2011 [shall come into force on 1 January
2012];
15 November 2012 [shall come into force on 1 January
2013];
21 February 2013 [shall come into force on 28 February
2013];
9 May 2013 [shall come into force on 16 May 2013];
12 September 2013 [shall come into force on 1 January
2014];
16 October 2014 [shall come into force on 12 November
2014];
17 December 2014 [shall come into force on 1 July
2015];
19 May 2016 [shall come into force on 20 June
2016];
16 June 2016 [shall come into force on 15 July
2016];
23 November 2016 [shall come into force on 1 January
2017];
20 April 2017 [shall come into force on 1 June
2017];
16 November 2017 [shall come into force on 1 January
2018];
1 February 2018 [shall come into force on 1 April
2018];
21 June 2018 [shall come into force on 1 January
2019];
18 October 2018 [shall come into force on 15 November
2018];
7 June 2019 (Constitutional Court Judgment) [shall come
into force on 10 June 2019];
14 November 2019 [shall come into force on 1 January
2020];
24 April 2020 [shall come into force on 9 May
2020];
11 June 2020 (Constitutional Court Judgment) [shall come
into force on 11 June 2020];
22 October 2020 [shall come into force on 10 November
2020];
29 October 2020 (Constitutional Court Judgment) [shall
come into force on 29 October 2020];
5 November 2020 [shall come into force on 1 January
2021];
8 April 2021 [shall come into force on 1 May 2021];
3 June 2021 [shall come into force on 23 June
2021];
8 June 2021 [shal come into force on 16 August
2021];
16 June 2021 [shall come into force on 20 June 2021].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following law:
Law on Higher
Education Institutions
Chapter I
General Provisions
Section 1. Terms Used in this
Law
The following terms are used in this Law:
1) academic hour - a unit of work time for studies the
duration of which is 45 minutes;
11) accredited study programme - a study
programme corresponding to a certain accredited study field of a
higher education institution or college which has been recognised
to be complying with the requirements of this Law during the
assessment process of the relevant study field;
2) higher education - a degree of education in which
personality development based on science or art, or science and
art, in the selected academic or vocational, or academic and
vocational study field occurs, as well as the preparation for
scientific or professional activity, which takes place after the
completion of secondary education;
3) accreditation of a higher education institution or
college - assessment of the work organisation and quality of
resources of a higher education institution or college as a
result of which it is granted the status of a State-recognised
higher education institution or college;
4) branch of a higher education institution or college
- a structural unit established by an accredited higher education
institution or college, which has a certain organisational
independence, which is territorially separated from the location
of the higher education institution or college (it is located in
another state or another populated area) and the basic task of
which is to implement the accredited study programmes of the
relevant higher education institution or college;
5) representative office of a higher education institution
- a structural unit established by a higher education
institution which is territorially separated from the location of
the higher education institution (it is located in another state
or another populated area) and the task of which is to provide
information regarding the higher education institution, to
represent the interests of the higher education institution and
to perform other organisational activities specified in the
by-law thereof. The representative office of a higher education
institution shall not engage in economic activities and shall not
implement study programmes;
6) matriculation - enrolment of persons in the list
(student register) of students at a higher education
institution;
7) contact hour - the direct communication of academic
staff and students which is implemented for the achievement of
the goals and tasks of a study programme in accordance with the
study programme plan and the duration of which is one academic
hour;
8) credit point - an accounting unit of studies which
corresponds to a student workload of 40 academic hours (one week
of studies);
9) part-time studies - a type of studies which
corresponds to less than 40 credit points per academic year and
less than 40 academic hours per week;
10) full-time studies - a type of studies which
corresponds to 40 credit points per academic year and not less
than 40 academic hours per week;
11) conferral of a doctoral degree - award of the
highest level of a university degree;
111) study course - an outline of a system
of knowledge, skills and competence corresponding to the study
programme, organised in a specific level and amount, for which
learning outcomes have been defined for the achievement of which
credit points are granted;
12) licensing of a study programme - the granting of
rights to a higher education institution or a college or the
branches thereof to implement a specific study programme;
13) study module - a component of the study programme
which is created by combining study courses or parts thereof,
which have a common goal and achievable learning outcomes;
14) study period - any component of the study programme
which is evaluated and documented and incorporates the
acquisition of knowledge, skills and competence but is not a
complete study programme;
15) learning outcomes - a set of knowledge, skills and
competence to be acquired upon completion of a study programme,
study module or study course;
16) accreditation of the study field - an inspection to
determine the quality of the resources of a higher education
institution or college and the ability to implement a study
programme corresponding to a specific study field in accordance
with the laws and regulations. The accreditation of the study
field of a higher education institution or college gives the
higher education institution or college the right to issue a
State-recognised diploma of higher education for the successful
acquisition of a study programme corresponding to the relevant
study field.
[23 November 2000; 2 March 2006; 14 July 2011; 1 February
2018; 21 June 2018]
Section 2. Application of the
Law
(1) This Law shall apply to all existing higher education
institutions and colleges in the Republic of Latvia irrespective
of the procedures for the founding and financing and the
specialisation thereof. It shall regulate the legal grounds for
the activities of higher education institutions and colleges, and
determine and protect the autonomy of higher education
institutions.
(2) This Law shall regulate the co-operation of higher
education institutions and State authorities to co-ordinate the
autonomy of higher education institutions with the interests of
society and the State.
(3) The Ministry of Education and Science shall supervise
compliance with this Law in higher education institutions and
colleges, and also shall be responsible for State policy in the
field of higher education. The Minister for Education and Science
shall represent the interests of higher education institutions
and colleges in the Saeima and the Cabinet.
[2 March 2006]
Section 3. Higher Education
Institutions
(1) Higher education institutions are higher education and
science institutions in which academic and vocational study
programmes are implemented, and also which are engaged in
science, research and artistic creation. In higher education
institutions, at least forty per cent of persons elected to
academic positions must have a doctoral degree. In academies, at
least fifty per cent of persons elected to academic positions
must have a doctoral degree. The Cabinet shall determine other
procedures for academic staff qualifications if such is required
by the specific field of activity of the higher education
institution - arts, architecture, theology, security, seafaring
or State defence. The study programmes implemented in higher
education institutions shall be divided into the following
thematic groups:
1) education;
2) humanities and arts;
3) social science, commercial science and law;
4) natural sciences, mathematics and information
technology;
5) engineering sciences, production and construction work;
6) agriculture;
7) health care and social welfare;
8) services.
(2) An academic degree shall be awarded after the acquisition
of the academic study programme, the doctoral degree - after the
acquisition of the academic doctoral study programme. A
vocational qualification or vocational qualification and a
vocational degree of the relevant level shall be obtained after
the acquisition of the vocational study programme. A vocational
Ph. D. in Arts shall be awarded after the acquisition of the
vocational doctoral study programme in arts.
(3) A university is a higher education institution which
conforms to the following criteria:
1) it implements bachelor, master's and doctoral study
programmes. The defence of doctoral theses in doctoral study
programmes occurs every year;
2) at least 65 per cent of persons elected to academic
positions shall have a doctoral degree;
3) publishes scientific periodicals in respect of study
programmes implemented in the higher education institution;
4) structural units or scientific institutions of higher
education institutions have been established in the primary
fields of research in which the study programmes are implemented,
and scientific activity is performed therein.
(4) [2 March 2006]
(5) The right to include the words "universitāte"
[university], "augstskola" [university college; university of
applied sciences], "akadēmija" [academy] or "koledža" [college]
shall be only in the names of those educational institutions
which implement study programmes, or in the names of the
institutions founded by them. A higher education institution,
which conforms to the criteria referred to in Paragraph three of
this Section, has the right to include the word "universitāte"
[university] in its name. The word "institūts" [institute] may
not be included in the name of a higher education
institution.
(6) The Cabinet shall determine Latvian educational
classifications which shall also include a comparison of degrees
and vocational qualifications acquired in the Republic of Latvia
with the European Qualifications Framework and descriptions of
the knowledge, skills and competence corresponding to the level
of the European Qualifications Framework for graduates of each
level of a study programme.
(7) In a higher education institution at least five per cent
of the academic staff shall be visiting professors, visiting
associate professors, visiting docents, visiting lecturers,
professors, associate professors, docents and lecturers who have
been employed in an academic position in any of the accredited
higher education institutions of the European Union, European
Economic Area or Organisation for Economic Co-operation and
Development countries, except for Latvia, for an uninterrupted
period of one year during the previous five years.
[23 November 2000; 2 March 2006; 14 July 2011; 1 February
2018; 18 October 2018]
Section 4. Autonomy of Higher
Education Institutions
(1) Higher education institutions are autonomous institutions
of education and science with the right to self-governance. The
autonomy of higher education institutions shall be characterised
by the division of power and responsibility between the State
authorities and the management of the higher education
institutions, and also between the management and the academic
staff.
(2) The autonomy of a higher education institution shall be
expressed in the right to select the ways and forms for the
implementation of the tasks set forth by the founders of the
higher education institution and corresponding to this Law, as
well as in responsibility for the quality of education acquired
in a higher education institution, appropriate and efficient
utilisation of financial and material resources, and compliance
with the principle of democracy and with the laws regulating the
operation of higher education institutions and other laws and
regulations.
(3) A higher education institution has the right:
1) to develop and approve the constitution of the higher
education institution;
2) to form the staff of the higher education institution;
3) to independently determine:
a) the content and forms of study programmes;
b) additional provisions for the admission of students;
c) underlying trends of scientific research;
d) the organisational and managerial structure of the higher
education institution;
e) rates of monthly salary which are not less than the rates
specified by the Cabinet;
4) perform other activities which do not contradict with the
principles and tasks for the operation of the higher education
institution determined by the founder thereof and this Law.
[23 November 2000; 2 March 2006; 1 December 2009]
Section 5. Tasks of Higher Education
Institutions
(1) Founders of higher education institutions shall determine
the tasks to be implemented by the higher education institution.
Within the framework of the autonomy thereof, higher education
institutions shall ensure the inseparability of study, research,
and artistic creation work, the possibility to acquire knowledge,
academic education and vocational skills, academic degrees,
vocational degrees and vocational qualification in the fields of
social life, national economy, culture, health care, State
administration, and other professional activities. In their
activities, they shall cultivate and develop science, arts, and
the official language. Higher education institutions shall
provide students with the possibility to do sports.
(2) Higher education institutions shall develop study
programmes, choose academic staff, arrange laboratories,
workshops, libraries and other structures so that the students
are given the opportunity to acquire knowledge, academic
education and professional skills in accordance with the science
development level and cultural traditions of Latvia in as
concentrated and didactically wholesome a form as possible. They
shall ensure such requirements for tests and examinations and
such procedures so that the degrees and titles awarded, diplomas
and vocational qualification acquired, as well as the acquisition
of parts of the study programmes are mutually recognised in the
higher education institutions of Latvia and other states.
(21) Higher education institutions shall implement
their internal quality assurance systems within the scope of
which:
1) policy and procedures for assuring the quality of higher
education shall be established;
2) mechanisms for the creation of their study programmes, for
internal approval, for the supervision of activities and periodic
inspection thereof shall be developed;
3) the criteria, conditions and procedures for the evaluation
of student results, which enable reassurance of the achievement
of the anticipated learning outcomes, shall be developed and made
public;
4) internal procedures and mechanisms for assuring the
qualifications of academic staff and the work quality shall be
developed;
5) it shall be ensured that information regarding student
results, graduate employment, the satisfaction of students with
the study programme, the work effectiveness of academic staff,
the study funds available and the disbursements thereof,
essential indicators of the activities of a higher education
institution is compiled and analysed.
(3) Higher education institutions shall promote continuing
education studies and shall participate in the activities of
continuing education. They shall co-operate among themselves, and
also with scientific research institutions and other educational
institutions. Higher education institutions shall co-operate with
the higher education institutions of other states, promote this
co-operation, and also promote the exchange of students and
academic staff between the higher education institutions of
Latvia and foreign states.
(4) Higher education institutions shall organise their
activities in the interests of society, and also inform society
of their operations and the directions and possibilities of
studies and scientific research by promoting the selection of
study and research work according to the interests and abilities
of the individual. They shall offer to society their scientific,
artistic and professional findings and the methods and results of
research.
(5) Higher education institutions shall attend to the
preparation of new academics and provide them with the
possibility of entering global academic processes.
(6) Higher education institutions shall guarantee the academic
freedom of academic staff and students, prescribing this in the
constitutions thereof.
(7) [23 November 2000]
[23 November 2000; 14 July 2011; 1 February 2018; 21 June
2018]
Section 6. Academic Freedom
(1) The freedom of studies, research work and artistic
creation shall be ensured in higher education institutions if
this freedom does not contradict with the rights of other
persons, the constitution of a higher education institution, and
laws and regulations.
(2) The freedom of studies shall be expressed in the rights of
students:
1) to select a higher education institution, study
programme;
2) to change their study programme during their studies,
choosing the same study programme in another higher education
institution, faculty (department, institute);
3) to attend lectures in other higher education institutions,
faculties (departments, institutes);
4) to draw up and acquire the free elective part of individual
studies;
5) to be engaged in scientific research and artistic
creation.
(3) The freedom of research work shall be expressed as the
rights of academic staff to choose the topic and direction of
scientific activity.
(4) Academic staff are entitled to choose study methods.
(5) The administration of a higher education institution shall
have a duty to guarantee and respect the rights of students and
academic staff provided for in this Section if they do not
contradict with the provisions of Paragraph one of this
Section.
[23 November 2000; 18 October 2018]
Section 7. Legal Status and
Attributes of Higher Education Institutions and Colleges
(1) State founded higher education institutions (except for
the National Defence Academy of Latvia) are derived public
persons.
(2) The National Defence Academy of Latvia and State founded
colleges are State institutions. Upon founding colleges, the
Cabinet shall transfer them to the supervision of the Ministry of
Education and Science but the colleges within the system of the
Ministry of the Interior - to the subordination of the
institutions of the system of the Ministry of the Interior
accordingly. The Cabinet may transfer a college to the
subordination of the Ministry of Culture or the Ministry of
Welfare.
(21) The National Defence Academy of Latvia shall
be a part of the National Armed Forces. The National Defence
Academy of Latvia shall be under the supervision of the Minister
for Defence in issues other than the competence of the Commander
of the National Armed Forces. The Cabinet shall perform the
following in respect of this higher education institution:
1) determine the competence of the National Defence Academy of
Latvia and representation and management body, and
decision-making body thereof - constitutional assembly, senate,
rector and academic arbitration court - insofar as it differs
from that laid down in this Law, the procedures for the
appointment, approval and dismissal of the rector of this higher
education institution, the procedures for the determination of
remuneration for the academic staff other than soldiers of the
professional service, the procedures for contesting
administrative acts and actual action, and also the procedures
for financing this higher education institution;
2) is entitled, provided that it is required by military or
professional specifics of such higher education institution, to
stipulate other procedures for the determination of the number of
students, admission of students and academic staff, entering into
study agreements, expert-examination of study programmes before
approval, and financing the self-management of students, and also
different requirements for the qualification of the rector, and
restrictions for the student rights and that of self-management
of students laid down in this Law.
(22) The Cabinet shall determine the procedures for
financing the colleges within the system of the Ministry of the
Interior and self-management of students studying therein and for
the determination of remuneration for the academic staff thereof
(except for the officials with special service ranks).
(3) Higher education institutions and colleges founded by
private persons are commercial companies or foundations which
operate in accordance with the Commercial Law or the Associations
and Foundations Law insofar as they are not in conflict with this
Law.
(4) A State-recognised diploma shall utilise the State coat of
arms, and the Cabinet shall determine the sample of such
diploma.
(5) A higher education institution shall have a seal with the
full name of the higher education institution. A higher education
institution also has the right to use the historical symbols of
the higher education institution in the seal.
[2 March 2006; 19 April 2007; 18 February 2010; 16 October
2014; 19 May 2016]
Section 7.1
Administration of Higher Education and Science
[14 July 2011]
Chapter
II
Foundation, Reorganisation and Legal Grounds of Higher Education
Institutions
Section 8. Foundation of a Higher
Education Institution and the Opening of a Branch of a Higher
Education Institution
(1) Higher education institutions may be founded by the State
and other legal persons and natural persons, including legal
persons and natural persons from foreign states, taking into
account the provisions of this Law and other laws and
regulations.
(2) State higher education institutions shall be founded by
the State of Latvia represented by the Cabinet based on a
proposal of the Minister for Education and Science.
(3) [2 March 2006]
(4) An accredited higher education institution (also a higher
education institution accredited in a foreign state) may open
branches of the higher education institution (hereinafter also -
the branch) and representative offices of the higher education
institution (hereinafter in this Section - the representative
office), taking into account the provisions of this Law and other
laws and regulations.
(5) Branches and representative offices shall operate on the
basis of a by-law approved by the collegial representation body
of the higher education institution. The head of the branch or
representative office shall act on the basis of an authorisation
issued by the relevant higher education institution.
(6) In founding a higher education institution, the following
provisions shall be observed:
1) the higher education institution shall implement at least
five study programmes, and in the implementation thereof at least
30 (in a higher education institution in the field of theology -
at least 10) persons with a doctoral degree shall be involved of
whom at least five are doctors in the field of research in which
the study programme is implemented;
2) the founder of the higher education institution shall own
or have at his or her disposal premises for the implementation of
the study programmes for at least eight years, and this shall be
confirmed by an extract from the Land Register, as well as the
plan of the premises owned or at his or her disposal or the
building file in which the required area is indicated;
3) the design of a higher education institution shall ensure
for the implementation of study programmes that during the time a
study process is simultaneously taking place there shall be not
less than 7 square metres per one student area of premises,
including the premises provided for the individual work of the
academic staff;
4) the higher education institution shall be able to ensure
commitments for students studying in the study programmes thereof
in the amount of at least EUR 711 435, and this shall be
confirmed by a guarantee issued by a bank or an insurance
company;
5) the value of the movable or immovable property apportioned
to the higher education institution shall not be less than EUR 2
845 743, and this property shall not be pledged or otherwise
encumbered with property rights, it shall not be put under a ban,
and it shall be justified by the relevant documents, including
statements issued by the relevant Land Registry Office and the
Enterprise Register;
6) none of the founders of the higher education institution
shall have tax debts or mandatory State social insurance
contribution debts, and this shall be confirmed by statements
issued by the relevant competent authorities; none of the
founders of the higher education institution shall be declared
insolvent, shall not be involved in the process of liquidation,
the economic activity of any founder shall be neither suspended
nor discontinued, nor shall court proceedings be initiated
regarding the termination, insolvency or bankruptcy of the
activities of any founder, and this shall be confirmed by a
statement issued by the relevant competent authority;
7) the premises of the higher education institution in which
study programmes are implemented shall be insured, and this shall
be confirmed by an insurance agreement which is concluded for a
period not less than one year; the material and technical
provision of the higher education institution shall be in
compliance with the conditions for the implementation of study
programmes and hygiene requirements, and this shall be confirmed
by a statement of the relevant competent authority; the higher
education institution shall be provided with computer equipment
which meets the requirements of the students; the higher
education institution shall have a library, and access to
electronic collections of Latvian and international literature
and periodicals shall be ensured therein.
(7) When founding a branch of a higher education institution,
the following provisions shall be observed:
1) not less than six persons with a doctoral degree shall be
involved in the implementation of one study programme;
2) the founder of a branch of the higher education institution
shall own or have at his or her disposal the premises for the
implementation of study programmes for at least eight years, and
this shall be confirmed by an extract from the Land Register, as
well as the plan of the premises owned or at his or her disposal
or the building file in which the required area is indicated;
3) the total area of the premises of the branch of the higher
education institution and the layout thereof shall ensure the
possibility for at least 100 students studying in the branch of
the higher education institution to participate in the
implementation of study programmes. The area of the premises
during the time a study process is simultaneously taking place
shall be not less than 7 square metres per one student, including
the premises designed for the individual work of the academic
staff;
4) the higher education institution shall be able to ensure
commitments for students studying in the study programmes of the
branch thereof in the amount of at least EUR 177 858, and this
shall be confirmed by a guarantee issued by a bank or an
insurance company;
5) none of the founders of the higher education institution
shall have tax debts or mandatory State social insurance
contribution debts, and this shall be confirmed by statements
issued by the relevant competent authorities; none of the
founders shall be declared insolvent and shall not be involved in
the process of liquidation, the economic activity of any founder
shall be neither suspended nor discontinued, nor shall court
proceedings be initiated regarding the termination, insolvency or
bankruptcy of the activities of any founder, and this shall be
confirmed by a statement issued by the relevant competent
authority;
6) the premises of the branch of the higher education
institution in which study programmes are implemented shall be
insured, and this shall be confirmed by an insurance agreement
which is concluded for a period not less than one year; the
material and technical provision of the branch of the higher
education institution shall be in compliance with the conditions
for the implementation of study programmes and hygienic
requirements, and this shall be confirmed by a statement of the
relevant competent authority; the branch of the higher education
institution shall be provided with computer equipment which meets
the requirements of the students; the branch of the higher
education institution shall have a library, and access to
electronic collections of Latvian and international literature
and periodicals shall be ensured therein.
(8) A higher education institution, as well as a branch
thereof, shall begin its operations on the day when it is
registered in the Register of Higher Education Institutions.
[3 June 2004; 2 March 2006; 14 July 2011; 12 September
2013]
Section 8.1 The Register
of Higher Education Institutions and the Transparency of the
Register
(1) The Register of Higher Education Institutions (hereinafter
also - the Register) shall be a part of the Register of
Educational Institutions in which information on higher education
institutions and the branches thereof shall be entered. The
Register of Higher Education Institutions shall be kept by an
official of the institution specified by the Cabinet who is
authorised for the relevant purpose (hereinafter - the Official
of the Register).
(2) Everybody has the right to become acquainted with the
records of the Register and the documents submitted to the
Register.
(3) After submission of the relevant written request, everyone
has the right to receive a statement from the records of the
Register as well as an extract or copy of the document which is
in the file of the Register. Upon the request of the recipient,
the accuracy of an extract or copy shall be certified by the
signature and seal of the Official of the Register, indicating
the date of issue thereof.
(4) Upon the request of the recipient, the Official of the
Register shall issue a statement that a specific record of the
Register has not been amended or that the specified record has
not been entered into the Register.
[3 June 2004; 12 June 2009]
Section 8.2 Information
to be Entered in the Register
(1) The following information shall be entered into the
Register:
1) the name of the higher education institution or a branch of
the higher education institution;
2) the legal address of the higher education institution or
the branch;
3) the founders of the higher education institution or the
branch and the rector of the higher education institution or the
head of the branch;
4) the date when the decision on the foundation of the higher
education institution or the opening of the branch has been
made;
5) the legal status of the higher education institution;
6) the date of the approving of the constitution of the higher
education institution or the by-law of the branch;
7) the titles of study programmes implemented by the higher
education institution or the branch and the person responsible
for the implementation of the relevant programme (the director of
the study programme);
8) information on the study fields accredited in the higher
education institution or the branch and the accredited study
programmes corresponding thereto;
9) information on the accreditation of the higher education
institution or the branch;
10) information on the provision of the premises of the higher
education institution or the branch and the legal status of the
premises;
11) the resources and procedures for financing the higher
education institution or the branch;
12) information regarding the suspension of the constitution
of the higher education institution, information regarding the
termination of the operation of the higher education institution
or the branch, and the insolvency, liquidation and reorganisation
of the higher education institution;
13) information on the appointment of a liquidator or
administrator, indicating his or her given name, surname, phone
number;
14) the phone or fax number, electronic mail address of the
higher education institution or the branch;
15) other information if such information is directly provided
for by the Law.
(2) When entering a higher education institution or a branch
in the Register, it shall be assigned a registration number.
(3) The date when the record was entered shall be added to
each record.
[3 June 2004; 14 July 2011; 21 June 2018]
Section 8.3 Documents to
be Submitted to the Register and the Storage Thereof
(1) Such documents shall be submitted to the Register which
justify the entering of a record into the Register or the
amendments thereof, and also other documents specified by law.
The original of the relevant document or an appropriately
certified copy thereof shall be submitted to the Register. Public
documents issued in foreign states shall be legalised in
accordance with the procedures specified by international
agreements and a notarised translation into Latvian shall be
attached thereto.
(2) Within two months after the foundation of a higher
education institution, a person authorised by the founder of the
higher education institution shall submit to the Register a
submission regarding the registration of the higher education
institution. A draft constitution of the higher education
institution shall be attached to the submission for the
registration of the higher education institution. The submission
for the entering of the higher education institution into the
Register shall be signed by all of the founders thereof.
(3) The registration of a branch in the Register shall be
ensured by the higher education institution which has opened it.
Within two months from the day when a decision on the opening of
a branch of a higher education institution has been made, a
person authorised by the founder of the higher education
institution shall submit to the Register a submission for the
registration of the branch of the higher education institution.
The by-law of the branch approved by the institution specified in
the constitution of the higher education institution shall be
attached to the submission for the registration of the
branch.
(4) Documents on the basis of which new entries or amendments
are to be made in the Register shall be submitted to the Register
within 10 days from the day when the relevant decision was made
if it has not been prescribed otherwise in this Law.
(5) Documents to be submitted to the Register and on the basis
of which entries or amendments thereto have been made in the
Register shall be valid if they have been issued not earlier than
one month prior to the submission thereof to the Register. This
provision shall not pertain to court rulings.
(6) The State Education Quality Service has the right to
examine the conformity of information provided to the Register
with the actual situation.
(7) Documents submitted to the Register shall be stored in the
registration file of the relevant higher education institution or
branch if an entry into the Register has been made on the basis
thereof.
[3 June 2004; 12 June 2009]
Section 8.4 Making an
Entry in the Register
(1) An entry shall be made in the Register on the basis of a
submission or a court ruling. Samples of submission forms shall
be approved by the Cabinet.
(2) The Official of the Register shall decide on the making of
an entry in the Register or the refusal to make an entry within
two months from the day the submission was received. The official
of the Register shall decide on the deferment of the making of an
entry in the Register within seven days from the day of the
receipt of the submission. The official of the Register shall
make an entry in the Register within the same time period on the
basis of a court ruling.
(3) The Official of the Register shall decide on the
suspension of the making of an entry if:
1) the requirements of laws and regulations have not been
observed in selecting the name of a higher education institution
or a branch or in approving the by-law of the branch;
2) the draft constitution of a higher education institution or
the by-law of a branch or other submitted documents do not comply
with the requirements of laws and regulations;
3) not all documents specified by law have been submitted.
(4) The Official of the Register shall decide on the refusal
to make an entry if:
1) the purpose of the activities of a higher education
institution or a branch specified in the constitution of the
higher education institution or the by-law of the branch
contradicts the law;
2) the provisions for the foundation of a higher education
institution or the opening of a branch prescribed by laws and
regulations have not been observed;
3) after a decision for the suspension of the making of an
entry has been made, the previously indicated deficiencies have
not been eliminated within the time period specified in the
decision;
4) the submission and the documents attached thereto have been
submitted more than two months after the founding of a higher
education institution or the making of a decision on the opening
of a branch;
5) the reasons referred to in Section 8.6, Paragraph three of
this Law due to which it is not permitted to register a higher
education institution or a branch are present;
6) obstacles have been set up that hinder the examination by
the State Education Quality Service of the information provided
to the Register;
7) the submitter has provided false information.
(5) A decision to refuse making an entry in the Register or to
suspend making an entry shall be substantiated, and it shall be
indicated in this decision where and in what time period it may
be disputed. The time period for the elimination of deficiencies
shall be indicated in a decision for the suspension of the making
of an entry.
(6) The Official of the Register shall send the decision
referred to in Paragraph two of this Section to the submitter
within three days from the day of taking the decision. The data
of the Register of Higher Education Institutions shall be
published on the website of the institution specified by the
Cabinet; amendments to the Register as well as the decisions
taken by the Official of the Register shall be published therein
within three days.
(7) [12 June 2009]
(8) A repeated submission for the registration of a higher
education institution or a branch thereof may be submitted not
earlier than one year from the day the decision to reject the
registration of the higher education institution or the branch
thereof has come into effect.
(9) An entry shall be made in the Register on the same day
when the decision on the making of the entry has been taken.
[3 June 2004; 12 June 2009]
Section 8.5 Registration
Certificate
(1) After the entering of a higher education institution or a
branch thereof in the Register, a registration certificate shall
be issued thereto which is signed and certified with a seal by
the Official of the Register.
(2) The following information on a higher education
institution or a branch thereof shall be indicated in a
registration certificate:
1) name;
2) registration number;
3) registration date.
[3 June 2004]
Section 8.6 Exclusion of
a Higher Education Institution and a Branch from the Register
(1) A higher education institution or a branch shall be
excluded from the Register:
1) if the founder has submitted a submission for the
liquidation of the higher education institution or the closing of
the branch;
2) if the higher education institution which has opened a
branch has been excluded from the Register;
3) if a licence for the implementation of study programmes has
not been received within one year after the registration of the
higher education institution or the branch;
4) if the implementation of the intended study programmes has
not been commenced within one year after obtaining a licence;
5) if the validity period of all study programme licences
issued to the higher education institution or the branch thereof
has expired, the licences have been withdrawn or cancelled;
6) based on a court ruling;
7) if a decision to refuse to accredit a higher education
institution has been made as a result of the extraordinary
accreditation.
(2) A higher education institution or a branch may be excluded
from the Register based on a court ruling if:
1) the enrolment of students has been announced, students have
been enrolled, and the implementation of study programmes has
been initiated or educational activity of another kind has been
performed without having received a licence for the
implementation of the study programme;
2) during the registration process of a higher education
institution or a branch, false information has been provided
which has been the basis for the registration of the higher
education institution or the branch;
3) the issuing of State-recognised diplomas has been
ascertained in a higher education institution or branch, although
it did not have the right to issue such diplomas in accordance
with the provisions of this Law (the person has not fully
acquired the study programme, the study programme is not
accredited, etc.);
4) the State Education Quality Service, the Ministry of
Education and Science, the Council of Higher Education or another
institution within the competence thereof has repeatedly
ascertained violations of laws and regulations in the activities
of the higher education institution or the branch.
(3) A person whose founded higher education institution has
been excluded from the Register shall not be allowed to
participate in the foundation of another higher education
institution or to file a submission for the registration thereof
for one year from the day the higher education institution has
been excluded from the Register, except for the cases where a
higher education institution has been excluded from the Register
on the basis of Section 8.6, Paragraph one, Clause 1 of this
Law.
[3 June 2004; 12 June 2009; 18 October 2018]
Section 9. Accreditation of Higher
Education Institutions and Colleges
(1) Accreditation shall be performed in accordance with the
accreditation regulations approved by the Cabinet, and it shall
be organised by the Academic Information Centre. A decision to
accredit higher education institutions and colleges shall be
taken within six months.
(11) The Academic Information Centre shall organise
the accreditation process of higher education institutions and
colleges for a fee in accordance with the price list of paid
services approved by the Cabinet.
(2) A higher education institution or college is entitled to
issue State-recognised diplomas for the acquisition of the
relevant study programme if the following conditions have been
fulfilled:
1) the relevant higher education institution or college is
accredited;
2) the relevant study programme is accredited;
3) the constitution of the higher education institution or the
by-law of the college has been approved by the Saeima or
accordingly by the Cabinet.
(3) After the opinion of the Council of Higher Education on
accreditation has been received, the Academic Information Centre
shall issue the relevant document of accreditation. If the higher
education institution or college does not ensure the study base,
information base indicated in the accreditation, the study
quality in conformity with the requirements referred to in
Section 55, Paragraph one of this Law or significant violations
of laws and regulations have been determined in the operations of
the higher education institution or college, the Minister for
Education and Science has the right to issue an order regarding
an extraordinary accreditation, the period of accreditation, the
revocation or cancellation of the accreditation of the higher
education institution or college. Prior to the issuance of the
order, the Council of Higher Education shall provide a reasoned
opinion.
(4) The information on the accredited higher education
institutions and colleges which have the right to issue
State-recognised diplomas on the acquisition of higher education,
and also the list of the study programmes accredited in these
higher education institutions and colleges shall be available in
the State Education Information System.
[23 November 2000; 2 March 2006; 17 December 2014; 16
November 2017; 18 October 2018]
Section 10. Legal Grounds for the
Operation of Higher Education Institutions
(1) Higher education institutions shall operate on the basis
of the Constitution of the Republic of Latvia, the Education Law,
the Law on Scientific Activity, this Law, other laws and
regulations and the constitution of the relevant higher education
institution.
(2) Each higher education institution shall draft a
constitution thereof in which the following shall be
included:
1) the name of the higher education institution, legal
address, the legal status thereof, the founder of the higher
education institution and his or her legal address;
2) the basic operational directions and tasks;
3) the procedures for approving the constitution and the
amendments thereof;
4) the rights, duties and tasks of the representation and
management bodies and decision-making bodies of the higher
education institution, the rights, duties and tasks of other
collegial management institutions, the procedures for the
establishment, election or appointment of these institutions and
the composition thereof, the terms of office and the procedures
for the recall or appointment thereof;
5) the basic provisions for the establishment, reorganisation
and liquidation of the structural units, branches, institutions,
commercial companies of the higher education institution, and
also the basic provisions for the operations thereof;
6) the procedures for the issue of internal legal acts of the
higher education institution;
7) the procedures for the reorganisation and liquidation of
the higher education institution;
8) other important regulations which do not contradict laws
and regulations.
(3) The constitutions of State founded higher education
institutions (except for the National Defence Academy of Latvia)
and the amendments thereto shall be approved by the
constitutional assembly of the relevant higher education
institution and, upon the recommendation of the Minister for
Education and Science, it shall be approved with a law by the
Saeima. The constitution of the National Defence Academy of
Latvia, and also the constitutions of higher education
institutions founded by other persons and the amendments thereto
shall be approved by the Cabinet. If amendments have been made to
the constitution of a higher education institution, the text of
amendments as well as the full text of the amended constitution
in its new wording shall be submitted to the Saeima or, as the
case may be, to the Cabinet.
(4) If the Minister for Education and Science determines the
non-compliance of the constitution of a higher education
institution with laws and regulations or other deficiencies, he
or she may recommend to the Cabinet or the Saeima accordingly to
suspend the operation of the constitution (not the operation of
the higher education institution) until the making of the
relevant amendments or the elimination of the deficiencies within
his or her indicated time period.
(5) Persons who are not part of the staff of a higher
education institution may dispute administrative acts issued by
the higher education institution or the actual actions thereof by
filing a submission to the rector of the higher education
institution. The decision taken by the rector may be appealed to
a court according to the procedures specified in the
Administrative Procedure Law. If the contested administrative act
has been issued or the actual action has been performed by the
rector of the higher education institution, persons who are not
part of the staff of the higher education institution may contest
the relevant administrative act or actual action to the Ministry
of Education and Science. A decision taken by the ministry may be
appealed to a court according to the procedures specified in the
Administrative Procedure Law.
[23 November 2000; 2 March 2006; 18 February 2010; 14 July
2011; 18 October 2018]
Section 10.1 College
(1) A college shall be managed by a director. The director of
a State founded college shall be appointed according to
competition procedures and dismissed from work by the Ministry of
Education and Science or the relevant sectoral ministry. The
authorisations of a college director commence with an entry in
the Register of Educational Institutions. Such entry shall be
made on the basis of a submission by the college and a document
certifying the appointment of a director submitted by the
founders. A college shall operate based on its by-law. The
college council shall develop the by-law of a college. The
college by-law shall be issued by the Cabinet as a Cabinet
regulation on the basis of a recommendation by the Minister for
Education and Science. The college by-law shall be developed in
accordance with this Law and the Vocational Education Law. The
college by-law shall include the following information:
1) the name of the college, the legal address thereof, legal
status, college founder and the legal address thereof;
2) the basic operational directions and tasks of the
college;
3) the procedures for the development of the college by-law
and the proposals for the amendments thereof;
4) the procedures for the establishment, election or
appointment of the college representation, management bodies and
decision-making bodies thereof, and the composition thereof, and
also the rights, duties and tasks, authorisation time periods and
recall procedures thereof;
5) the procedures for the election of college academic
staff;
6) the procedures for the development and approval of the
college study programmes;
7) the basic regulations for the establishment,
reorganisation, liquidation and operation of college structural
units and college branches;
8) the procedures for the issue of internal legal acts of the
college;
9) the procedures for the reorganisation and liquidation of
the college;
10) other essential provisions which are not in conflict with
this Law and other laws and regulations.
(2) A college is an educational institution which implements
first-level higher vocational education programmes and provides
the possibility of acquiring a fourth-level vocational
qualification. A first-level higher vocational education
programme shall be implemented after the acquisition of secondary
education. The period for the implementation thereof shall be two
to three years.
(3) First-level higher vocational education programmes shall
be developed and approved in accordance with this Law and the
Vocational Education Law.
(4) After the acquisition of an accredited first-level higher
vocational education programme, the students shall be issued with
a State-recognised diploma regarding the first-level higher
vocational education. Such diploma shall concurrently certify
also the acquisition of a specific vocational qualification in
conformity with the Vocational Education Law. The Cabinet shall
determine the criteria and procedures for the issuing of such
diploma.
[2 March 2006; 19 April 2007; 14 July 2011; 18 October
2018]
Section 11. Reorganisation or
Liquidation of a Higher Education Institution and College
(1) A decision on the reorganisation or liquidation of a
higher education institution or college shall be taken by the
founder.
(2) A decision on the reorganisation or liquidation of the
State higher education institution and a State college shall be
taken by the Cabinet upon a proposal of the Minister for
Education and Science or the minister of the relevant field. The
opinion of the Council of Higher Education shall be appended to
the draft Cabinet order for the reorganisation or liquidation of
a higher education institution or college. If the draft Cabinet
order is submitted by a relevant sector minister, such draft
shall also be co-ordinated with the Minister for Education and
Science.
[2 March 2006]
Chapter
III
Self-governance and Structural Units of Higher Education
Institutions
Section 12. Representation Bodies,
Management Bodies and Decision-making Bodies of a Higher
Education Institution
(1) The main decision-making bodies of a higher education
institution shall be the constitutional assembly, the senate, the
rector and the academic arbitration court.
(2) The highest management body and decision-making body of a
higher education institution in strategic, financial and economic
issues shall be the founder thereof, but the highest
representation and management body and decision-making body in
academic and scientific issues - the constitutional assembly of a
higher education institution.
(3) The procedures for elections, the duties and rights of the
representation and management bodies and the decision-making
bodies of a higher education institution, and also the procedures
for appealing against the decisions made by these bodies shall be
determined by the constitution of a higher education
institution.
(4) The organs of a State founded higher education institution
as a derived public person shall be the constitutional assembly,
the senate, the rector and the academic arbitration court.
(5) The collegial institutions of a higher education
institution shall be the senate, the assembly of the faculty, the
scientific council of the scientific institute of a higher
education institution or the assembly of an institute, and also
the department and division meeting.
[23 November 2000; 2 March 2006; 14 July 2011]
Section 13. Constitutional
Assembly
(1) The constitutional assembly shall be elected by secret
ballot from:
1) the academic staff;
2) the students;
3) the general staff of a higher education institution.
(2) The procedures for the election of representatives, and
the number and terms of office thereof shall be determined by the
constitution of a higher education institution.
(3) The proportion of representatives of the academic staff in
a constitutional assembly shall not be less than 60 per cent and
the proportion of students - not less than 20 per cent.
(4) In accordance with the traditions of a higher education
institution, such names as convention, academic meeting, etc. may
be used instead of the name constitutional assembly.
(5) The constitutional assembly shall elect a chairperson, a
vice-chairperson (vice-chairpersons) and a secretary.
(6) The constitutional assembly may be convened by the rector
or the senate. In a newly-founded higher education institution,
the constitutional assembly shall be convened by the acting
rector.
[23 November 2000; 3 June 2004; 14 July 2011]
Section 14. Competence of a
Constitutional Assembly
(1) A constitutional assembly shall:
1) accept and make amendments to the constitution of the
higher education institution;
2) elect and remove the rector;
3) listen to the report of the rector;
4) elect the senate or approve the compliance of the election
thereof with the constitution of the higher education
institution;
5) elect the academic arbitration court;
6) approve the by-laws of the senate and the academic
arbitration court.
(2) Other tasks of the constitutional assembly shall be
determined by the constitution of the higher education
institution.
[2 March 2006; 14 July 2011]
Section 15. Senate
(1) The senate is a collegial management body and
decision-making body of the staff of a higher education
institution which approves procedures and provisions regulating
all areas of activity of a higher education institution (examines
and approves study programmes, founds and liquidates structural
units, etc.).
(2) Senators shall be elected in accordance with the
procedures prescribed by the constitution of a higher education
institution for a time period not exceeding three years.
(3) 75 per cent of the senate of a higher education
institution shall be representatives of the academic staff. The
proportion of students in the senate of a higher education
institution shall be not less than 20 per cent. The student
representatives shall be elected to the senate by the student
self-governance body.
(4) [14 July 2011]
(5) The activities and competence of the senate shall be
regulated by a by-law approved by the constitutional
assembly.
(6) The senate of a higher education institution may form
councils and committees for the co-ordination and resolving of
particular matters. The procedures for the activities of councils
and committees shall be determined by the by-laws approved by the
senate.
[23 November 2000; 3 June 2004; 2 March 2006; 14 July
2011]
Section 16. Convention of Advisors
of a Higher Education Institution
(1) A convention of advisors shall be formed in a higher
education institution. The convention of advisors shall consult
the senate and rector in strategic matters for the development of
the higher education institution. The convention of advisors has
the right to recommend the examination of issues in the senate
and the constitutional assembly.
(2) A convention of advisors shall be founded upon the
initiative of the senate of a higher education institution or
upon the request of the Minister for Education and Science. The
by-laws thereof shall be approved and the members thereof shall
be elected by the senate of the higher education institution.
(3) A convention of advisors shall be convened upon the
proposition of the chairperson thereof or not less than one-third
of the convention members.
(4) A convention of advisors shall elect a chairperson and his
or her deputy amongst its members.
(5) Decisions and opinions of a convention of advisors shall
take the form of recommendation. A member of the convention of
advisors shall not be a public official.
[18 October 2018]
Section 17. Rector
(1) The rector is the highest official of a higher education
institution who implements the general administration of the
higher education institution and represents the higher education
institution without special authorisation.
(2) The constitutional assembly of a higher education
institution shall elect a rector for a term not exceeding five
years and for not more than two times in succession. In a
university, the rector elected shall be a professor, in other
higher education institutions - a professor or a person who holds
a doctoral degree. Within one week after the election of a
rector, the higher education institution shall inform the
Ministry of Education and Science of the results of the
election.
(3) When founding a higher education institution, the Cabinet
shall appoint an acting rector nominated by the founder of the
higher education institution who shall fulfil the duties of
rector until the approval of a rector elected in the
constitutional assembly of the higher education institution.
(4) A higher education institution shall organise regular
elections of a rector at least one month prior to the expiration
of the term of his or her office. The previous rector shall
fulfil the duties of rector until the approval of the newly
elected rector in the Cabinet.
(5) A rector elected by a higher education institution shall
be approved by the Cabinet upon the proposal of the founder of
the higher education institution. A rector shall begin to fulfil
the duties of his or her office after his or her approval in the
Cabinet. The Cabinet is entitled to not approve a rector if he or
she has been elected in violation of the provisions of this Law
and the constitution of the higher education institution. If the
rector is not approved, the higher education institution shall
organise repeat elections for the office of rector within two
months. The Cabinet shall appoint an acting rector nominated by
the founder of the higher education institution until the
approval of a rector elected in the repeat elections. A candidate
for the office of rector who has not been approved by the Cabinet
shall not participate in the repeat elections for the office of
rector.
(6) The Cabinet shall remove a rector from his or her duties
upon the proposal of the senate of the higher education
institution or the relevant ministry if violations of the Law or
other laws and regulations have been determined in the activities
of the rector.
(7) If a rector ceases to fulfil the office prior to the end
of his or her term based on his or her own wishes, and also if a
rector is removed from office, the Cabinet shall appoint an
acting rector nominated by the founder of the higher education
institution who shall fulfil the duties of rector until the
approval of a newly elected rector.
[23 November 2000; 2 March 2006; 1 February 2018]
Section 17.1 Competence
of a Rector
The rector shall:
1) be responsible for the compliance of the operation of a
higher education institution with this Law and other laws and
regulations as well as the constitution of the higher education
institution;
2) be responsible for the quality of education to be acquired
in the higher education institution, the quality of conducted
scientific research and implemented artistic creation;
3) ensure legal, economic and purposeful utilisation of funds
from the State budget allocated to the higher education
institution, and also the property of the higher education
institution; be personally responsible for the financial
activities of the higher education institution;
4) promote and be responsible for the development of the staff
of the higher education institution and ensure the academic
freedom of the academic staff and students;
5) be responsible for the implementation of the strategy of a
higher education institution and prepare the budget of the higher
education institution;
6) perform other duties of a rector specified in laws and
regulations and in the constitution of the higher education
institution.
[23 November 2000; 14 July 2011]
Section 18. Audit of a Higher
Education Institution
(1) A sworn auditor has the right to become acquainted with
all of the documents of a higher education institution which are
related to the financial and economic activities, and also to
request and receive information from its officials.
(2) A higher education institution is entitled to establish an
audit committee which shall operate in accordance with the
procedures specified in the constitution of the higher education
institution.
[14 July 2011]
Section 19. Academic Arbitration
Court
(1) An academic arbitration court shall examine:
1) the submissions of students and academic staff regarding
the restriction or infringement of the academic freedom and
rights prescribed in the constitution of a higher education
institution;
2) arguments between officials of a higher education
institution as well as the administrative bodies of structural
units which are subject to a subordinate relationship;
3) in the cases specified in this Law - submissions regarding
the contesting of an administrative act or actual action, and
take appropriate decisions regarding these, and also fulfil other
tasks provided for in the constitution of the higher education
institution.
(2) Decisions taken by an academic arbitration court shall be
implemented by the administration.
(3) An academic arbitration court shall be elected by the
constitutional assembly from amongst academic staff by secret
ballot, and it shall not include representatives of the
administrative staff of a higher education institution. The
proportion of students in the academic arbitration court shall be
not less than 20 per cent of the composition of such arbitration
court. Student representatives shall be elected in the academic
arbitration court by the student self-governance body.
(4) Members of an academic arbitration court shall be
responsible for their actions to the constitutional assembly;
they may be removed from office upon the initiative of their
employer only with the consent of the constitutional
assembly.
[3 June 2004; 2 March 2006; 14 July 2011]
Section 20. Structural Units of a
Higher Education Institution
(1) The structure of a higher education institution shall be
determined in accordance with the constitution of a higher
education institution.
(2) The tasks, functions and rights of the structural unit of
a higher education institution shall be prescribed by the by-law
of the structural unit approved by the senate of the higher
education institution. The structural units of a higher education
institution have the right to open sub-accounts. The opening of
sub-accounts and the utilisation of the resources of these
accounts shall be regulated by other laws and regulations as well
as regulations approved by the senate of the higher education
institution. The sub-accounts of structural units shall be
established so that structural units may have the possibility to
use financial resources and subventions independently. The
financial resources of structural units shall not be used for
other purposes in a higher education institution without the
consent of the head of the structural unit.
(3) Higher education institutions may establish structural
units for the purpose of conducting educational and scientific
work - departments, groups of professors, faculties (divisions),
scientific and training laboratories, institutes, etc. A higher
education institution also has the right to establish other
structural units for the conducting of organisational, economic
and service work. The structural units of a higher education
institution shall not have the status of a legal person.
[23 November 2000; 2 March 2006; 18 October 2018]
Section 21. Institutions, Commercial
Companies, Associations and Foundations Founded by a Higher
Education Institution
(1) Higher education institutions may found commercial
companies and be a shareholder therein, and also found
associations and foundations and be a member or founder
thereof.
(2) State founded higher education institutions may, with a
decision of the senate, also found institutions for the
implementation of a specific purpose, including - public
agencies.
[2 March 2006]
Section 22. Scientific Institute
(1) A decision on the foundation of a scientific institute
shall be taken by the senate of a higher education
institution.
(2) A higher education institution founded by the State or
local governments may found the scientific institutes (for
example, centres, clinics, and experimental stations) as public
agencies taking into account the procedures specified in the Law
on Scientific Activity. The Law on Scientific Activity shall
determine the legal basis, administration, funding and
supervision procedures of a scientific institute - public
agency.
(3) Higher education institutions may establish scientific
institutes also as a structural unit of a higher education
institution. The constitution of the higher education institution
shall determine the operation, funding and supervision of such
scientific institutes, and also the procedures for reorganisation
and liquidation.
[2 March 2006]
Section 23. Institute
(1) An institute shall be established by uniting the
structural units of one sub-field of research or several
sub-fields of research (departments, groups of professors,
scientific laboratories) with the goal of using the scientific
potential thereof for the efficient achievement of common
research targets, and also by changing the subordinate
relationship of already existing Latvian scientific
institutes.
(2) An institute in a sub-field of research may be founded
when the composition of the structural units, which it contains,
includes the scientific potential which corresponds to the
requirements of the doctoral degree conferral council in the
relevant sub-field of research.
(3) The senate shall determine which academic staff may be
elected by the assembly of an institute in accordance with the
qualification of the institute.
(4) [2 March 2006]
[2 March 2006]
Section 24. Faculty
(1) A faculty shall be established by uniting structural units
for the organisation of study and scientific activity in one or
several fields of research, art or a profession. A dean shall
lead a faculty. The assembly of the faculty shall elect the dean
for a time period not exceeding five years and not more than two
times in succession. The proportion of students in the assembly
of the faculty shall be not less than 20 per cent of the
composition of such assembly. Student representatives shall be
delegated to the assembly of the faculty by the faculty student
self-governance body.
(2) A faculty may be formed if, upon uniting the scientific
potential, which it includes, it at least corresponds to the
requirements of the doctoral degree conferral council in the
relevant field or sub-field of research.
(3) If it is not possible to comply with the requirements
regarding scientific potential in the new field of higher
education, the structural unit corresponding to a faculty shall
be referred to as a department. A department shall not have the
right to elect lecturers.
[2 March 2006]
Section 25. College
[2 March 2006]
Chapter
IV
Staff of a Higher Education Institution
Section 26. Staff of a Higher
Education Institution, the Rights and Duties Thereof
(1) The staff of a higher education institution shall consist
of:
1) the academic staff - employees of the relevant higher
education institution elected to academic positions;
2) the general staff of the higher education institution;
3) students, including master's programme students, doctoral
students and residents.
(2) The rights and duty of the staff of a higher education
institution shall be to promote the freedom of learning, study,
research, and artistic creation work, to facilitate transparency
in the administration of the higher education institution and
settling the matters thereof. The staff of a higher education
institution shall fulfil its work duties so that the higher
education institution can implement its tasks, so that the rights
of any other person are not offended and the fulfilment of
position or work duties is not disturbed.
(3) A staff member has the right to participate in the
formulation of the decisions of the management and
self-governance of a higher education institution and the
formulation of the internal legal acts of a higher education
institution in accordance with the constitution of a higher
education institution and in the prescribed order, and also to
take part in the making of decisions related to the interests of
the staff, to participate in the meetings of the collegial
management bodies of a higher education institution as well as to
be given the opportunity to be heard.
(4) The staff of a higher education institution has the right
to participate in the elections of the self-governance of a
higher education institution and to be elected therein.
(5) The duty of the management of a higher education
institution shall be to attend to the working conditions of the
staff, to provide the possibility for in-service training and
retraining.
(6) The staff of a higher education institution shall be
responsible for fulfilling the duties thereof. The senate shall,
on the basis of the legislation in force, determine the
procedures according to which violations are qualified and
penalties for the failure to fulfil duties are imposed.
(7) A person may be elected to only one academic position -
professor, associate professor, docent, lecturer or assistant,
and only in one higher education institution or college. A person
elected to such position may perform academic work in another
higher education institution or college in the position of
visiting professor, visiting docent or visiting lecturer. A
person elected to such position may be at the same time elected
also to the position of a senior researcher or researcher. In
determining the number of the academic staff or the persons or
proportion thereof in a higher education institution, a
structural unit or in the implementation of a study programme,
who have a doctoral degree, only persons elected to academic
positions shall be taken into account.
(8) Administrative acts issued by or actual actions of a
higher education institution may be disputed by the staff of the
higher education institution in the academic arbitration court of
a higher education institution. The decision of the academic
arbitration court of a higher education institution may be
appealed to a court according to the procedures specified in the
Administrative Procedure Law.
[2 March 2006; 14 July 2011; 1 February 2018]
Section 27. Academic staff
(1) The academic staff of a higher education institution shall
consist of:
1) professors, associate professors;
2) docents, senior researchers;
3) lecturers, researchers;
4) assistants.
(2) The academic staff of a higher education institution shall
conduct scientific research, artistic creation work, and
participate in educating students. The scope of the tasks of the
academic staff shall be determined by a higher education
institution.
(3) [1 December 2009]
(4) A rector may enter into individual agreements with retired
academic staff in accordance with the financing granted by the
State or other sources, he or she may also enter into agreements
for the conducting of scientific research, prescribing a definite
remuneration for a particular amount of work in accordance with
the qualification of the employee. A higher education institution
may assign the honorary title of professor emeritus to professors
and associate professors for a special contribution to higher
education when they have reached the age of retirement.
(5) The employment contract restrictions specified in Section
45, Paragraph one of the Labour Law shall not apply to persons
elected to academic positions. An employment contract with a
person elected to an academic position (docent, lecturer,
assistant) shall be entered into by the rector.
[Judgement of the Constitutional Court of 20 May
2003; 2 March 2006; 1 December 2009; 1 February 2018; Judgement
of the Constitutional Court of 7 June 2019; 5 November
2020]
Section 28. Professors
(1) A professor is a specialist who is internationally
recognised in his or her field and who conducts scientific
research or artistic creation work pursuant to the modern
standards and ensures high-quality studies in the relevant
sub-field of research or art. A person who has a doctoral degree
and has not less than three years of work experience in the
position of associate professor or professor in a higher
education institution may be elected to the position of
professor. In art specialities, those persons whose artistic
creation work conforms to the by-law on academic positions
accepted by the senate of the relevant higher education
institution may also be elected to the position of professor.
(2) A candidate shall be elected to the position of professor
in an open competition in accordance with the provisions of this
Law.
(3) According to the title of the position of a professor, the
professor shall conduct scientific research or the process of
artistic creation and perform educating work in a higher
education institution.
(4) The main tasks of professors shall be:
1) the reading of highly-qualified lectures, the supervision
of studies, lectures and examinations in his or her study
course;
2) the supervision of research work in the sub-field of
research or the supervision of artistic creation in a field which
conforms to the title of the position of professor;
3) the supervision of doctoral studies and research work in
the sub-field of research or the supervision of artistic creation
in a field which conforms to the title of the position of
professor;
4) participation in the evaluation of the work and quality of
study programmes, higher education institutions and the
structural units thereof;
5) the training of the new generation of academics, artists
and lecturers.
(5) An employment contract with a professor shall be entered
into by the rector of a higher education institution.
[23 November 2000; Judgement of the Constitutional
Court of 20 May 2003; 18 October 2018; Judgement of the
Constitutional Court of 7 June 2019; 5 November 2020]
Section 29. Professor Positions in
State and Local Government Higher Education Institutions
[2 March 2006]
Section 30. Associate Professors
(1) A person who has a doctoral degree may be elected to the
position of associate professor.
(2) In art specialities, those persons whose artistic creation
work or professional activity conforms to the by-law on academic
positions accepted by the senate of the relevant higher education
institution may also be elected to the position of associate
professor.
(3) Persons who have the corresponding higher education and at
least 10 years of practical work experience in the relevant field
may also hold the position of associate professor for the
implementation of vocational study programmes in higher education
institutions.
(4) A candidate shall be elected to the position of an
associate professor in an open competition in accordance with the
provisions of this Law.
(5) The main tasks of an associate professor shall be:
1) the conducting of research work in a sub-field of research
or the field of artistic creation which conforms with the title
of the position of associate professor;
2) the supervision of research work for the acquisition of
doctoral degrees and master's degrees;
3) the provision and management of study work.
(6) An employment contract with an associate professor shall
be entered into by the rector of a higher education
institution.
[23 November 2020; Judgement of the Constitutional Court of
7 June 2019; 5 November 2020]
Section 31. Positions of Associate
Professors
(1) The number of associate professor positions shall be
determined by the higher education institution itself in
accordance with the necessity and possibilities of financing.
(2) If there is a vacancy for an associate professor position
in a higher education institution, the senate of the higher
education institution shall make a decision on whether, when and
in which sub-field of research or art an open competition for the
vacancy of the associate professor position shall be announced
and to which category of remuneration, taking into account the
functions and tasks, the relevant position shall pertain.
[23 November 2000]
Section 32. Docents
(1) The number of docent positions shall be determined by the
higher education institution itself.
(2) A person who has a doctoral degree may be elected to the
position of docent. In art specialities, persons whose artistic
creation work complies with the by-law on academic positions
accepted by the senate of the relevant higher education
institution may be elected to the position of docent.
(3) A docent shall be elected for a period of six years by the
assembly of the faculty or the council of the institute if the
qualification of the members of these institutions complies with
the requirements of the doctoral degree conferral council.
Otherwise, the procedures for the election of docents shall be
determined by the constitution of the higher education
institution.
(4) In accordance with the title of the position of the
docent, the docent shall obtain the rights to conduct scientific
research or the process of artistic creation and to perform
educating work when he or she is elected to a position.
(5) The main tasks of docents shall be:
1) research work in the sub-field of research or artistic
creation which conforms with the title of the position of the
docent;
2) reading of lectures, the conducting of classes, the
organisation of examinations and tests in his or her study
programme (course, branch), especially in the basic courses
thereof.
[23 November 2000]
Section 33. Procedures for the
Election of Professors and Associate Professors
(1) An open competition shall be announced for vacant
professor and associate professor positions.
(2) A candidate for the position of a professor or an
associate professor shall be elected by the council of professors
in the relevant field. After becoming acquainted with the
documents necessary for taking a decision and after an interview
with each candidate for the relevant position, the council of
professors in the field shall take a decision by open vote on
each candidate. Persons who are not in the composition of the
staff of a higher education institution may contest a decision
taken by the council of professors in accordance with the
procedures specified in Section 10, Paragraph five of this Law,
and the staff of a higher education institution - in accordance
with the procedures specified in Section 26, Paragraph eight of
this Law.
(3) Each applicant who is a candidate for the position of
professor shall receive an independent international evaluation
organised by the council of professors in the relevant field.
(4) The council of professors in the field shall submit to the
rector the results of the election of a professor or an associate
professor, the decision to elect the person to the position of a
professor or an associate professor, and an evaluation of the
person elected. In addition, the minutes of debates of the
council of professors in the field, a complete list of candidates
for the relevant position and also a characterisation and an
evaluation of each candidate is submitted to the rector.
(5) [5 November 2020]
(6) [2 March 2006]
[23 November 2000; 2 March 2006; 14 July 2011; 5 November
2020]
Section 34. Evaluation of Scientific
and Teaching Qualifications
(1) The scientific and teaching qualifications or the results
of the artistic creation work of a candidate for the position of
a professor or an associate professor, and also of a professor or
associate professor holding the position shall be evaluated by
the council of professors in the field.
(2) The scientific and teaching qualifications of a candidate
for the position of docent, lecturer or assistant shall be
evaluated by the assembly of the faculty or the council of the
institute.
(3) The scientific and teaching qualifications or the results
of the artistic creation work of a professor or an associate
professor shall be evaluated at least every six years. The
scientific and teaching qualifications or the results of the
artistic creation work of a professor or an associate professor
holding the position for a specific period shall be evaluated by
the council of professors in the field not later than six months
before expiry of the time period of the employment contract of
the professor or associate professor if he or he has expressed a
wish to continue holding the relevant position also after expiry
of the time period of the employment contract. A higher education
institution shall evaluate the work performance of the professor
or associate professor at least once every two years. Upon
evaluation of the work performance of the professor or associate
professor, the higher education institution has the right to
suggest that the council of professors in the field evaluates the
conformity of the scientific and teaching qualifications of the
professor or associate professor with the position to be held
before the end of the time period.
(4) An evaluation carried out by the council of professors in
the field regarding the scientific and teaching qualifications or
the results of the artistic creation work of a professor or
associate professor holding the position and his or her
conformity or non-conformity with the requirements of Paragraph
five of this Section shall be submitted to the rector.
(5) The Cabinet shall determine the criteria for the number of
publications and the quality and citation thereof, the number of
patents, and also other criteria related to research, scientific,
study or organisational work of artistic creation, the time
periods, and the procedures by which the council of professors in
the field shall evaluate the scientific and teaching
qualifications or the results of the artistic creation work of a
candidate for the position of a professor or an associate
professor and of a professor or associate professor holding the
position. A higher education institution may specify additional
criteria for the evaluation of the scientific and teaching
qualifications or the results of the artistic creation work of a
professor or an associate professor. The higher education
institution shall determine the procedures for evaluating the
work performance of a professor or an associate professor.
[23 November 2000; 5 November 2000]
Section 35. Council of Professors in
a Field
(1) In organising an open competition for the position of a
professor or an associate professor or in order to evaluate the
scientific and teaching qualifications or the results of the
artistic creation work of a professor or an associate professor
holding the position, a council of professors in a field is
formed in the relevant field or sub-field in a higher education
institution and it shall consist of at least five professors of
the relevant field or sub-field of the higher education
institution elected in accordance with Section 33 of this Law.
The council of professors in a field of a higher education
institution shall be enlarged so that at least one third of the
members thereof are professors of the relevant field or
representatives of professional associations whose direction of
activities conforms with the trend of the relevant position but
who do not work in this higher education institution.
(2) The composition of the council of professors in a field
shall be approved by the senate of the higher education
institution upon the proposal of the chairperson thereof.
(3) If a higher education institution does not have five
professors in the relevant field of research and it is not
possible to form the council of professors in a field, several
higher education institutions may jointly form this council of
professors, and it shall be approved by the senates of the
relevant higher education institutions. If at least three
professors have been invited from other higher education
institutions, the composition of the council shall be approved by
the Council of Higher Education.
(4) Foreign professors who are in the council of professors in
a field may participate in the activities thereof by
correspondence, by becoming acquainted with the documents and
announcing their opinion about all applicants in writing, and
also about the applicant for whom they give their vote.
(5) The list of those fields in which the councils of
professors in a field are to be formed shall be approved by the
Council of Higher Education.
(6) The activities of the council of professors in a field
shall be overseen by the Council of Higher Education.
[23 November 2000; 5 November 2020]
Section 35.1
Establishment and Termination of Employment Relationship with a
Professor and an Associate Professor
(1) On the basis of a decision by the council of professors in
the field, the rector shall:
1) establish employment relationship with the person who has
been elected to the position of a professor or an associate
professor by the council of professors in the field in accordance
with this Law. An employment contract with the professor or the
associate professor shall be entered into for six years;
2) continue employment relationship with the professor or the
associate professor holding the position after expiry of the time
period of the six-year employment contract referred to in
Paragraph one, Clause 1 of this Law if the scientific and
teaching qualifications or the results of the artistic creation
work of the professor or the associate professor have been
evaluated as conforming with the requirements of Section 34 of
this Law. Employment relationship with the professor or the
associate professor are continued by entering into a second
consecutive employment contract for a specific period or entering
into an employment contract for an indefinite period in
accordance with the provisions of the internal legal acts of a
higher education institution and taking into account the fact
that not more than two consecutive employment contracts with the
professor or the associate professor may be entered into for a
specific period;
3) terminate employment relationship with a professor or an
associate professor or offer him or her to hold another position
in a higher education institution if the scientific and teaching
qualifications or the results of the artistic creation work of
the professor or the associate professor have been evaluated as
non-conforming with the requirements of Section 34 of this
Law.
(2) If a higher education institution does not intend,
according to the development concept of scientific directions
envisaged in its strategy, to continue and develop the scientific
direction managed by the professor or the associate professor, it
shall inform the professor or the associate professor of its
decision at least one year before cessation of the relevant
scientific direction. In such case, in terminating employment
relationship with the professor or the associate professor who
has managed the scientific direction, the higher education
institution shall disburse a compensation to him or her in the
amount of six to twelve monthly salaries of a professor or an
associate professor in accordance with the internal legal acts of
the higher education institution.
[5 November 2020]
Section 36. Lecturers
(1) A person who has a doctoral degree or master's degree may
be elected to the position of lecturer. Provisions for the
election of lecturers in art specialities and vocational study
programmes shall be regulated by the by-law approved by the
senate of a higher education institution. The assembly of the
faculty or the council of the institute shall elect lecturers for
a period of six years.
(2) The tasks of lecturers shall be determined by the
constitution of a higher education institution.
[23 November 2000]
Section 37. Assistants
(1) A person who has a doctoral degree or master's degree may
be elected to the position of assistant. The assembly of the
faculty or the council of the institute shall elect assistants
for a period of six years, and, if they do not have a doctoral
degree, they shall be elected not more than two times in
succession.
(2) The tasks of assistants shall be determined by the
constitution of a higher education institution.
Section 38. Senior Researchers and
Researchers
(1) Senior researchers and researchers may be elected in a
position by the assembly of the faculty or the council of the
scientific institution, but, if faculties or scientific institute
have not been established in a higher education institution - by
the senate of a higher education institution in accordance with
Section 26 of the Law on Scientific Activity, insofar as it is
not in contradiction with that laid down in this Section.
(2) Senior visiting researchers, visiting researchers, and
visiting assistants may be hired without election. In such case
an employment contract shall be entered into for a period not
exceeding two years.
[14 July 2011; 18 October 2018]
Section 39. Academic Staff of
Vocational Study Programmes
By taking into account the necessity to acquire practical
skills and knowledge, the position of a docent, lecturer, and
assistant in the subjects of the vocational study programme
profile may be held by a person with higher education without the
doctoral degree or without vocational Ph. D. in Arts if he or she
has sufficient practical work experience corresponding to the
subject to be taught. In order to elect a person in a position of
a docent who has no doctoral degree or vocational Ph. D. in Arts,
such person requires at least a seven-year practical work
experience. The requirements to be defined for the candidates of
such position of a docent shall be approved in a higher education
institution and college by the senate or council accordingly.
Lecturers and assistants who do not have a scientific and
academic degree need a five-year practical work experience
corresponding to the subject to be taught.
[23 November 2000; 2 March 2006; 1 February 2018]
Section 40. Visiting Professors,
Visiting Docents, and Visiting Lecturers
(1) If there is a vacant or temporary vacant academic position
in a higher education institution or college, a senate, upon
proposal of the assembly of the faculty, or a college council may
decide not to announce a competition but hire a visiting
professor, visiting associate professor, visiting docent,
visiting lecturer or visiting assistant for a period of up to two
years.
(2) Visiting professors, visiting associate professors,
visiting docents, visiting lecturers, and visiting assistants
have the same rights and obligations as professors, associate
professors, docents, lecturers, and assistants, but they are not
entitled to apply for the positions of members of a
constitutional assembly, senate and academic arbitration court,
and they may not be elected as members of the abovementioned
institutions.
(3) The foreign teaching staff invited by a higher education
institution shall pay taxes in Latvia, shall be exempted from the
State fees for visas, and also obtain a permit to reside and work
in Latvia during the period provided for in the employment
contract in accordance with the laws and regulations in force and
international agreements approved by the Saeima.
[23 November 2000; 2 March 2006; 14 July 2011; 18 October
2018]
Section 41. Substitution of Academic
Staff during Periods of Temporary Absence
During a period of temporary absence, if it does not exceed
two years, an associate professor may be appointed to the
position of professor, a docent - to the position of associate
professor, a lecturer or assistant with a doctoral degree - to
the position of docent. Substitution shall be formalised by an
order of the rector.
Section 42. Vacations of Academic
Staff
(1) Each year academic staff has the right to a paid vacation
of eight weeks but every six years - a paid academic vacation of
six calendar months for scientific research or the conducting of
research work outside his or her working place.
(2) Academic staff has the right to receive a one-time paid
study educational leave of three months for the drafting of a
doctoral thesis.
(3) Professors, associate professors and docents have the
right to demand an unpaid vacation for a period of up to 24
months during one period of election in order to work as visiting
professors or visiting lecturers in academic positions in other
higher education institutions.
[23 November 2000]
Section 43. General Staff of a
Higher Education Institution
(1) General staff of a higher education institution shall be
an administrative staff, auxiliary teaching staff, technical,
economic and other staff, except for the academic staff.
(2) Administrative staff of a higher education institution
shall be a rector, pro-rector, director (executive director),
dean, and other officials whose main functions are administrative
work. A rector shall enter into an employment contract with
pro-rectors and manager of the rector's office for the period of
time which does not exceed his or her term of office. If the
rector is withdrawn from his or her office or he or she is dead,
these employment contracts shall be in force until approval of
new rector by the Cabinet.
(3) The procedures for the hiring and dismissal of general
staff of a higher education institution shall be determined by
the higher education institution complying with the provisions of
this Law and other laws and regulations.
(4) Remuneration for general staff of a higher education
institution or college other than pedagogues in conformity with
the list of positions of pedagogues at the State founded higher
education institutions and colleges shall be determined in
accordance with the Law on Remuneration of Officials and
Employees of State and Local Government Authorities.
[23 November 2000; 1 December 2009; 18 October
2018]
Part V
Students of Higher Education Institutions and Colleges
[2 March 2006]
Section 44. Students of Higher
Education Institutions and Colleges
(1) The students of higher education institutions shall
be:
1) students of the bachelor degree study programmes;
2) students of the vocational study programmes;
3) students of the master's degree study programmes (master's
programme students);
4) residents in medicine;
5) doctoral students.
(2) College students shall be students of the vocational study
programmes.
[2 March 2006]
Section 45. Rights to Study in a
Higher Education Institution and College
(1) Each citizen of Latvia and non-citizen of Latvia as well
as a foreigner shall have the right to study in a higher
education institution and college. In order to study in a higher
education institution and college, a previous education attested
by documents and recognised in Latvia which is compliant with the
requirements of a study programme shall be required.
(2) A citizen of Latvia, a non-citizen of Latvia, a citizen of
the European Union, a citizen of the European Economic Area or a
citizen of the Swiss Confederation and a permanent resident of
the European Community who has a valid residence permit has equal
rights to study in a higher education institution or college.
(3) The rights to study in a higher education institution and
college of foreigners to whom the conditions of Paragraph two of
this Section do not apply shall be regulated by Section 83 of
this Law.
[14 July 2011]
Section 46. Admission and
Registration in the List of Students (Matriculation)
(1) A higher education institution and a college is entitled
to admit students to a particular study programme only after a
licence for the implementation of the relevant study programme
has been received.
(2) Admission to study programmes shall be regulated by
admission regulations. Admission regulations for higher education
institution and college study programmes shall be developed by
the relevant higher education institution and college, taking
into account Cabinet regulations regarding requirements, criteria
and procedures for admission to study programmes. A student shall
enter into a study agreement with a higher education institution
or college in writing. The mandatory provisions to be included in
the study agreement shall be determined by the Cabinet.
(3) For full-time and part-time bachelor and vocational study
programmes the admission requirements of which is a previously
acquired secondary education, students shall be admitted in an
open and equal competition based on the results of the
centralised examinations, except for the persons who have
acquired secondary education up to 2004, as well as persons who
have acquired secondary education abroad or persons with special
needs. The content and procedural requirements for centralised
examinations shall be developed by the Ministry of Education and
Science, after co-ordination with the Council of Higher
Education, and approved by the Cabinet. A higher education
institution may, in co-ordinating with the Council of Higher
Education, specify the procedures by which such persons are
admitted to these study programmes who have not taken centralised
examinations.
(31) In addition to the persons referred to in
Paragraph three of this Section, also such persons have the right
to be admitted to a study programme in the first year following
the acquisition of a secondary education to whom such right has
been determined by the Cabinet upon the recommendation of an
individual Cabinet member due to the special meritorious service
of the persons in question for the benefit of Latvia, unless
these persons have been exempted from State examinations of
secondary education in accordance with the procedures specified
by laws and regulations.
(4) After co-ordination with the Council of Higher Education,
a higher education institution and a college may determine
additional requirements regarding special prior education,
particular suitability and preparedness or compliance with other
conditions.
(5) Higher education institutions and colleges shall, up to
the current 1 November, notify the National Centre for Education
and shall publicise (also on the website) the admission
requirements of study programmes for the following academic
year.
(6) Each year the Cabinet shall determine the initial time
period for the registration and admission of entrants in the
first year after the acquisition of secondary education. A higher
education institution shall not have the right to enter into
agreements related to studies with the potential entrants prior
to the initial term of admission.
(7) A higher education institution and college shall prepare a
personal file for each student. At least the following documents
shall be included in the personal file:
1) a copy of a document attesting to secondary education;
2) copies of documents attesting to higher education acquired
beforehand;
3) copies of a passport or identity card;
4) the study agreement with the higher education institution
or college regarding studies in the selected study programme;
5) documents attesting to the study process and results of the
student in other higher education institutions or colleges, and
also the acquisition of a study programme or a part thereof if
the credit points acquired in another higher education
institution shall be counted in the study programme based on
these documents;
6) documents of the student regarding the process of studies
(study card);
7) copies or transcripts of educational documents issued by a
higher education institution or college and copies of the issued
academic statements;
8) a copy of the residence permit of the Republic of Latvia if
the student needs such a permit.
(8) The Cabinet shall determine the procedures for preparing
and updating the personal file of a student.
[23 November 2000; 3 June 2004; 2 March 2006; 3 July 2008;
12 June 2009]
Section 46.1 Register of
Students and Graduates
(1) The Register of Students and Graduates shall be a part of
the State Education Information System. The data on persons
studying in study programmes and persons who have acquired a
doctoral degree shall be entered in the Register of Students and
Graduates. Non-personalised statistical data on employment and
income of graduates shall also be included in the Register.
(2) Data for the Register of Students and Graduates on
students and persons who have acquired a doctoral degree shall be
provided by higher education institutions and colleges. A rector
of a higher education institution or a director of college shall
be responsible for the accuracy of data provided to the Register
of Students and Graduates and conformity thereof with the
reality.
(3) Non-personalised data to be included in the Register of
Students and Graduates shall be prepared and submitted by the
Central Statistical Bureau after having processed personalised
data on graduates from the Register of Students and Graduates,
personalised data from the State Revenue Service on income and
employment of graduates, and personalised data from the State
Employment Agency on graduates to whom the status of unemployed
person or person seeking work has been granted.
(4) The amount of the information to be submitted to the
Register of Students and Graduates and the procedures for the
submission of information, and also the amount of the information
available for the public and procedures for publishing thereof
shall be determined by the Cabinet.
[23 November 2016; 1 February 2018; 18 October
2018]
Section 47. Initiation of Studies in
Subsequent Study Stages
(1) The initiation of studies in subsequent study stages shall
be possible if the required examinations of previous stages of
the relevant study programmes have been passed or they are passed
in a supplementary fashion in the relevant higher education
institution or college. If these requirements have been fulfilled
and the higher education institution or college has the relevant
opportunities, it may not refuse to admit applicants to
subsequent study stages.
(11) Initiation of studies in subsequent study
stages shall take place also if the knowledge, skills and
competences acquired previously have been recognised for the
applicant in accordance with the procedures laid down in Sections
59.2 and 59.3 of this Law.
(2) A natural person may use the right to study for State
budget funds for the acquisition of a specific academic degree
(bachelor, master), doctoral degree or higher education
vocational qualification several times. For State budget funds
only one study programme may be studied at the same time.
(3) The procedures for the initiation of studies in subsequent
study stages shall be laid down by the Cabinet.
[3 June 2004; 2 March 2006; 14 July 2011; 16 November 2017;
1 February 2018]
Section 48. Relations of Students
with Mandatory Public Service
[1 January 2007 / See Transitional Provisions]
Section 49. Exclusion from the List
of Students (Exmatriculation)
(1) A person may be excluded from the list of students if:
1) the person himself or herself wishes it to be so;
2) it has been ascertained that his or her admission has been
influenced by deception, corrupt practices or other behaviour by
which the principle of the equality of applicants has been
violated;
3) this person has not passed examinations or has not
performed other tasks of studies within the time period
determined by the higher education institution;
4) this person has violated the internal legal acts of the
higher education institution.
(2) In a higher education institution the exclusion of a
person from the list of students shall be performed by the rector
or dean of the higher education institution, in a college - by
the college director. The decision on exclusion of a person from
the list of students may be contested in accordance with the
procedures specified in Section 26, Paragraph eight of this
Law.
(3) [1 January 2007 / See Transitional Provisions.]
[3 June 2004; 2 March 2006; 14 July 2011; 18 October
2018]
Section 50. Rights of Students
(1) Students have the right:
1) to acquire an academic higher or vocational higher, or also
an academic and vocational higher education;
2) to use the premises, libraries, facilities, equipment,
objects of culture, sport and medicine, etc. of a higher
education institution in accordance with the prescribed
procedures;
3) to suspend and resume studies in accordance with the
prescribed procedures;
4) to implement the rights related to freedom of studies,
research work, and artistic creation in accordance with Section 6
of this Law;
5) to receive information in all matters which are directly
related to their studies and possible career;
6) to express and defend their ideas and opinions openly in a
higher education institution;
7) to elect and to be elected to the self-governance body of
students, to participate in all levels of self-governance bodies
of a higher education institution;
8) to attend learning activities in other higher education
institutions as listeners and to take the necessary examinations
in accordance with the prescribed procedures;
9) to found associations, hobby groups and clubs.
(11) Following retirement from the mandatory
military service, but not later than until 31 December 2008,
students of higher education institutions and colleges, who had
voluntarily applied for mandatory military service to which the
Ministry of Defence had consented, have the right to recommence
studies in the study programme commenced prior to the
service.
(2) A student self-governance body shall represent the
interests of the students of a higher education institution in
relations with State authorities.
[23 November 2000; 2 March 2006; 19 April 2007]
Section 51. Determining the Number
of Study Places
The number of study places to be financed from the funds of
the State budget in a higher education institution shall be
determined by the Minister for Education and Science on the basis
of a proposal of the Council of Higher Education. The number of
study places in higher education institutions founded by other
legal persons and natural persons shall be determined by the
founders of such higher education institutions.
[23 November 2000; 2 March 2006]
Section 52. Study Fee and
Scholarships
(1) The State shall determine the number of study places
financed from the funds of the State budget in higher education
institutions and colleges. The Cabinet shall determine the
procedures regarding the financing of higher education
institutions and colleges from the funds of the State budget.
Admission to the State-financed study places shall take place in
accordance with the competition procedures.
(11) [18 October 2018]
(2) The study fee for study places, which are not financed
from the funds of the State budget, shall be covered by students,
legal persons or natural persons, entering into a relevant
agreement with the higher education institution and college.
Financial resources from the study fees shall be transferred to
the special budget account of the State higher education
institution and college and shall only be used for:
1) the development of the higher education institution and
college;
2) the purchasing of teaching aids and scientific research
equipment;
3) the purchasing of equipment;
4) the material stimulation of the academic and general staff
of the higher education institution and college and students, as
well as the work remuneration of the staff.
(3) The students referred to in Paragraph one of this Section
shall be assigned scholarships following the procedures
prescribed by the Cabinet.
(31) A student under the age of 25 years who
studies in Latvia in full-time studies in a first level
vocational higher education programme, a bachelor's degree study
programme, or a vocational study programme has the right to
receive a scholarship for social support (hereinafter - the
social scholarship) if the student conforms to the requirements
stipulated by the Cabinet. The social scholarship shall be
awarded from the State budget funds. The Cabinet shall determine
the categories of students to which the social scholarship is
awarded, the conditions for awarding the social scholarship,
including the achievement level and income of the student, and
also the amount of the social scholarship and the procedures for
awarding it.
(4) A senate of a higher education institution or college
council shall determine the procedures for the distribution of
study places financed from the State budget resources for
students studying in study programmes of a higher education
institution or college.
[23 November 2000; 2 March 2006; 19 April 2007; 14 July
2011; 18 October 2018; 16 June 2021 / See Paragraph 60 of
Transitional Provisions]
Section 53. Student Self-Governance
Bodies
(1) The students of a higher education institution or college
shall have their own self-governance body - an elected,
independent body representing the rights and interests of
students in a higher education institution or college. It shall
operate in accordance with a by-law which shall be developed by
students and approved by the senate or college council. The
senate or college council may refuse to approve the by-law only
due to legal reasons.
(2) [2 March 2006]
(3) The student self-governance body shall:
1) defend and represent the interests of students in matters
of academic, material and cultural life in the higher education
institution and other State authorities;
2) represent the students of the higher education institution
in Latvia and foreign states;
3) determine the procedures for the election of students to
the collegial bodies of the higher education institution.
(4) Management bodies of higher education institutions and
colleges have a duty to support and promote the activities of a
student self-governance body. The student self-governance body
shall be financed from the budget of the higher education
institution or college in an amount which is not less than one
two-hundredth part of the yearly budget of the higher education
institution or college. Such funds shall be utilised by the
student self-governance body for the performance of the functions
referred to in Paragraph three of this Section.
[3 June 2004; 2 March 2006]
Section 54. Rights of a Student
Self-Governance Body
(1) A student self-governance body has the right to request
and receive information and explanations from the authorised
representatives of any structural unit of a higher education
institution in all issues related to the interests of
students.
(2) The representatives of a student self-governance body in
the senate of a higher education institution, the assembly of the
faculty and the constitutional assembly shall have veto rights in
issues related to the interests of students. After the
application of a veto, the issue shall be examined by the
co-ordination committee which is formed by the relevant
management body according to the parity principle. The relevant
management body shall approve the decision of the co-ordination
committee by a majority vote of two-thirds of the persons
present.
(3) The representatives of a student self-governance body have
the right to participate in the decision-making bodies of a
higher education institution, and also the right to participate
as observers in tests and examinations if this is provided for in
documents regulating the study procedures in a higher education
institution.
(4) The decisions of the student self-governance body, after
they have been approved by the senate of the higher education
institution, shall be compulsory for all students.
[23 November 2000]
Chapter
VI
Studies in a Higher Education Institution
Section 55. Study Programmes
(1) A study programme shall include all the requirements
necessary for the acquisition of one academic degree or
vocational qualification. A study programme shall be regulated by
a special document - a description of the study content and
implementation which:
1) determines the requirements regarding previous
education;
11) determines to which study field the relevant
study programme conforms;
2) in accordance with the level and type of education
determines:
a) the goals for the implementation of the particular study
programme and the planned learning outcomes upon completion of
the study programme, including the anticipated study courses,
study modules and the planned learning outcomes thereof;
b) the content of the offered education;
c) the amounts of the mandatory, limited elective and elective
part of study programmes and the division of credit points
between them;
d) the criteria of education for the achievement and
evaluation of learning outcomes and the forms and procedures for
the testing thereof;
3) includes a list of the academic staff involved in the
implementation of the programme, their qualification and intended
duties. Not less than five professors and associate professors
altogether, who are elected to academic positions in the relevant
higher education institution, shall take part in the
implementation of the compulsory part and the limited elective
part of academic study programmes, except for the cases provided
for in Paragraph two of this Section. Not less than five persons
with a doctoral degree shall participate in the implementation of
an academic doctoral study programme of which at least three
persons are experts approved by the Latvian Council of Science in
the relevant sector. Not less than five persons who have a
doctoral degree shall participate in the implementation of the
vocational doctoral study programme in arts;
4) includes a listing of the structural units (departments,
groups of professors, laboratories, institutes, etc.) involved in
the implementation of the programme, indicating the tasks thereof
in the implementation of the particular programme;
5) includes a description of the required auxiliary staff,
indicating the tasks thereof;
6) includes a description of the material base required for
the implementation of the programme;
7) assesses the costs of the programme;
8) includes a justification that the study programme conforms
to the development strategy and available resources of a higher
education institution or college.
(2) Academic study programmes (study programmes for
bachelor's, master's and doctoral degrees) shall be provided for
not less than 250 full-time students. Academic study programmes
(study programmes for bachelor's, master's and doctoral degrees)
provided for less than 250 full-time students may be implemented
and less than five professors and associate professors of a
higher education institution may take part in the implementation
of the compulsory part and the limited elective part of these
programmes if a relevant opinion of the Council of Higher
Education has been received.
(3) A study programme may be developed and submitted for
approval in accordance with the procedures prescribed by the
senate of a higher education institution or a college
council.
(4) Study programmes shall be approved by the senate of a
higher education institution or a college council. Prior to
approval, an independent expert-examination of the programmes
shall be organised which shall include the grounds for the
usefulness of implementation of the study programme, also
indicating the essential differences of the study programme from
similar study programmes of the same level and same study field
implemented in the same higher education institution or
college.
(5) The person responsible for the implementation of the
relevant programme (the director of the study programme) shall be
approved, and the financial and technical support of this
programme shall be determined by a decision of the senate or
college council regarding the implementation of the new study
programme.
(6) [14 July 2011]
(61) [14 July 2011]
(7) [14 July 2011]
(8) In the case of the closing of a study programme, a higher
education institution shall financially provide the opportunity
for students to continue the acquisition of education in another
study programme of the relevant higher education institution or
in a study programme of another higher education institution.
[23 November 2000; 3 June 2004; 2 March 2006; 14 July 2011;
1 February 2018]
Section 55.1 Joint Study
Programme
(1) A higher education institution together with a partner
institution, which may be another accredited higher education
institution in Latvia or a higher education institution
recognised by the relevant state in a foreign country
(hereinafter - the partner institution), is entitled to develop a
study programme and take part in the implementation thereof
(hereinafter - the joint study programme) by entering into a
relevant written agreement thereon.
(2) The joint study programme shall comply with the following
conditions:
1) it shall be formed by the parts of study programmes of the
same level of higher education of a higher education institution
and partner institutions;
2) the higher education institution and partner institutions
involved in the implementation thereof shall each implement at
least one-tenth of the entire relevant study programme;
3) there are unified requirements in respect of the
implementation of the joint study programme, the final
examinations, the awarding of degrees to be acquired in studies
and vocational qualifications; the parts of the joint study
programme together form a unified content and consecutive joint
study programme;
4) a higher education institution and partner institutions
have jointly developed a quality assurance system for the joint
study programme;
5) mobility of students is ensured, which also allows the
acquisition of a commensurate and essential part of the joint
study programme in one or several partner institutions;
6) mobility of the academic staff is ensured in order that
they might also teach at least at one partner institution;
7) a degree or vocational qualification to be awarded as a
result of the acquisition of the joint study programme is
specified, complying with the system of degrees or vocational
qualification to be acquired in studies, specified in the laws
and regulations of Latvia;
8) the content of the diploma as well as of the annex appended
to the diploma to be issued jointly by a higher education
institution and partner institutions has been specified.
(3) In order to commence the implementation of a joint study
programme, a licence shall be received. The Cabinet shall
determine the provisions and procedures for the issuance of a
licence. The same conditions shall be applied to joint study
programmes, the content, implementation and licensing thereof as
are applied to other study programmes of the same level in
Latvia, except for the conditions of Section 55, Paragraph one,
Clause 3 and Paragraph two of this Law in respect of the academic
staff in academic study programmes. If the partner institution of
a higher education institution of Latvia is a foreign higher
education institution, then, upon submitting a submission for
licensing a joint study programme to the Academic Information
Centre, a document certifying that the partner institution is
recognised in the relevant country shall also be appended to the
submission of the higher education institution. Within the scope
of licensing, the compliance of the study programme with the
conditions of Paragraph two of this Section shall also be
evaluated.
(4) A part of the joint study programme implemented by a
higher education institution shall be evaluated by the assessment
committee within the scope of the accreditation of the relevant
study field of the higher education institution in accordance
with the procedures specified in this Law and other laws and
regulations. If a partner institution is a foreign higher
education institution, the part of the joint study programme
implemented thereby shall be recognised in accordance with the
procedures specified by the relevant state.
(5) When accrediting a study field in a higher education
institution to which the joint study programme conforms, together
with the documents necessary for accreditation laid down in laws
and regulations, the higher education institution shall also
submit documents to the Academic Information Centre which certify
that the joint study programme implemented by the partner
institution is recognised in accordance with the procedures laid
down in the relevant state.
(6) When taking a decision to accredit such study field to
which the joint study programme conforms, the decision-maker is
entitled to co-operate with the relevant education quality
assurance institutions of states of the involved partner
institutions, request information on whether the joint study
programmes or parts thereof implemented by partner institutions
in the relevant state are recognised and whether the content of
the programme conforms with the requirements set out for the
acquisition of the relevant education qualification.
(7) As a result of the acquisition of a joint study programme
in accordance with the agreement referred to in Paragraph one of
this Section a higher education institution is entitled to
issue:
1) a joint diploma of a higher education institution and
partner institutions thereof regarding the acquisition of a
higher education. The content and form of the diploma regarding
the acquired higher education and the annex thereto shall be
determined by the Cabinet;
2) a diploma of a higher education institution regarding the
acquired higher education.
(8) The rights and duties of a higher education institution
specified in this Section shall also apply to a college.
[14 July 2011; 17 December 2014]
Section 55.2 Licensing of
a Study Programme
(1) A licence for the study programme shall be obtained in
order to commence implementation of every study programme. Within
one month after issuance of the licence for the study programme,
the Academic Information Centre shall enter the study programme
in the Educational Programmes Register. Within one year after
licensing of a study programme, a higher education institution or
college shall start the implementation of the relevant study
programme.
(2) Licensing of study programmes shall be organised by the
Academic Information Centre. Expenditures for licensing of a
study programme shall be covered by a higher education
institution or college from the budget resources thereof. The
price list of paid services of licensing process of study
programmes shall be laid down by the Cabinet.
(3) The Higher Education Quality Commission is a collegial
decision-making body in the composition of which shall be seven
experts with experience in organising and ensuring higher
education. The Higher Education Quality Commission shall take a
decision to license a study programme or a decision to refuse to
license a study programme.
(4) The Higher Education Quality Commission shall take a
decision to license a study programme or a decision to refuse to
license a study programme within four months from the day when a
submission of a higher education institution or college for
licensing the relevant study programme has been received.
(5) The following shall be assessed during the process of
licensing a study programme:
1) conformity of a study programme with the requirements of
this Law and other laws and regulations;
2) conformity of the qualification of the academic staff and
visiting professors, visiting associate professors, visiting
docents, visiting lecturers, and visiting assistants with the
conditions for the implementation of the study programme and
requirements of laws and regulations;
3) conformity of the study base, informative base (including
the library), financial base, and facilities with the conditions
for the implementation of the study programme;
4) the content and mechanism for the implementation of the
study programme to be licensed;
5) conformity of actual circumstances with provided data;
6) whether violations of laws and regulations detected by
competent institutions in the activities of a higher education
institution or college during the preceding year, prior to the
day of the taking the decision, have been rectified within the
time period laid down by these institutions;
7) conformity of the study programme with the study field in
which it is planned to include it.
(6) If a study programme complies with all the requirements
laid down in Paragraph five of this Section, the Higher Education
Quality Commission shall decide to license the study
programme.
(7) If a study programme fails to comply with any of the
requirements laid down in Paragraph five of this Section, the
Higher Education Quality Commission shall decide to refuse to
license the study programme. If the Higher Education Quality
Commission decides to refuse to license the study programme, the
higher education institution or college is entitled to lodge a
submission for licensing the study programme complying with the
relevant study field only after having rectified the deficiencies
detected by the Higher Education Quality Commission.
(8) The Higher Education Quality Commission may take a
decision to revoke a licence for the study programme if:
1) information not corresponding with the actual circumstances
has been provided;
2) a higher education institution or college has not begun
implementing the licensed study programme within one year after
licensing of the study programme;
3) violations of laws and regulations in the activities of a
higher education institution or college have been ascertained in
relation to the licensed study programme;
4) a submission for the accreditation of the study field has
not been submitted in conformity with the requirements of Section
55.3 of this Law;
5) a higher education institution or college does not provide
complete information to the Ministry of Education and Science
upon the request thereby, within 30 days, on matters related to
the provision of the study process, as well as on study base,
informative base (including the library), facilities, or
financial base of the higher education institution or
college;
6) the academic staff and visiting professors, visiting
associate professors, visiting docents, visiting lecturers, and
visiting assistants do not have the relevant qualification or the
higher education institution or college does not ensure
appropriate study base, informative base (including the library),
facilities, or financial base;
7) implementation of the study programme at a higher education
institution or college has been discontinued;
8) a decision has been taken on the refusal to accredit the
study field at a higher education institution or college;
9) a study programme has been recognised to be non-complying
with the requirements of this Law within the framework of
assessment of the study field;
10) the accreditation period of the study programme has
expired and a higher education institution or college has not
lodged a submission for the current accreditation of the study
programme within a month after the end of this time period.
(9) A decision of the Higher Education Quality Commission may
be contested to the Appeals Commission, and a decision of the
Appeals Commission may be appealed to the court in accordance
with the procedures laid down in the Administrative Procedure
Law.
(10) The Appeals Commission shall be comprised of four experts
of whom two are experts in higher education and two - experts
with higher education in law and professional experience in
administrative procedure.
(11) The technical and organisational activity of the Higher
Education Quality Commission and Appeals Commission in licensing
study programmes shall be ensured by the Academic Information
Centre.
(12) The Cabinet shall determine the procedures for licensing
study programmes, sample of the licence for a study programme,
conditions for the establishment of the Higher Education Quality
Commission (including the requirements for experts), procedures,
rights and obligations in licensing study programmes and
conditions for the establishment of the Appeals Commission
(including the requirements for experts), procedures, rights and
obligations in licensing study programmes.
[21 June 2018]
Section 55.3 Opening and
Accreditation of a Study Field
(1) A decision to open a new study field in the relevant
higher education institution or college shall be taken by a
founder by assessing the resources available to a higher
education institution or college, for the State founded higher
education institutions and colleges - also conformity with the
national development priorities. A State founded higher education
institution or college shall lodge a submission for opening a new
study field to the sectoral ministry, the State founded colleges
within the system of the Ministry of the Interior - to the
Ministry of the Interior, the National Defence Academy of Latvia
- to the Ministry of Defence. The Cabinet decision to open a new
study field in a State founded higher education institution or
college is not an administrative act. If a founder decides to
open a study field in a higher education institution or college,
the higher education institution or college shall lodge a
submission for licensing a study programme appropriate for the
relevant study field to the Academic Information Centre.
(2) A higher education institution or college shall lodge a
submission for the accreditation of the study field within two
years after the first day of initiation of the implementation of
the study programme appropriate for such study field.
(3) Within the framework of the accreditation process of the
study field, the assessment of the study field shall be carried
out by the Academic Information Centre or quality assurance
agency included in the European Quality Assurance Register for
Higher Education according to the choice of a higher education
institution or college in conformity with the laws and
regulations regarding accreditation of a study field.
Expenditures for assessing a study field shall be covered by a
higher education institution or college from the budget resources
thereof. A higher education institution or college shall append
the assessment of a study field and study programme appropriate
thereto to the submission for the accreditation of the relevant
study field.
(4) A decision to accredit the study field shall be taken
within four months from the day when a submission of a higher
education institution or college has been received for the
accreditation of the relevant study field. The decision to
accredit the study field or decision to refuse to accredit the
study field shall be taken by the Higher Education Quality
Commission.
(5) During the accreditation process of a study field, the
study field and study programmes appropriate thereto shall be
assessed in accordance with the procedures laid down by the
Cabinet.
(6) Within the framework of the accreditation process of a
study field, each study programme appropriate to the study field
shall be assessed in accordance with the assessment requirements
developed by the Cabinet.
(7) The accreditation requirements for a study field and study
programmes appropriate thereto, including the assessment
requirements thereof, and also the procedures for the
accreditation shall be laid down by the Cabinet.
(8) A decision of the Higher Education Quality Commission may
be contested to the Appeals Commission, and a decision of the
Appeals Commission may be appealed to the court in accordance
with the procedures laid down in the Administrative Procedure
Law.
(9) The Academic Information Centre shall include the
information in the Educational Programmes Register on the
accreditation of the relevant study field and study programmes
appropriate thereto in the relevant higher education institution
or college within one month after the accreditation of the study
field.
(10) If within the accreditation period of the study field a
higher education institution or college does not ensure the study
base, informative base (including the library), facilities,
financial base, and the qualification of the academic staff
indicated in the accreditation process of the study field, the
Minister for Education and Science is entitled to decide on the
determination of extraordinary accreditation of the relevant
study field. Within the framework of extraordinary accreditation
of the relevant study field, the Higher Education Quality
Commission may take a decision to maintain accreditation of the
study field or a decision to revoke accreditation of the study
field of the relevant higher education institution or college.
The decision to revoke accreditation of the study field may be
taken in accordance with that laid down in Paragraph seven of
this Section.
(11) The technical and organisational activity of the Higher
Education Quality Commission and Appeals Commission in
accreditation of study field shall be ensured by the Academic
Information Centre.
(12) The Cabinet shall determine study fields in higher
education, the procedures for opening a study field, the
procedures for the accreditation of a study field and
extraordinary accreditation, a sample accreditation form of a
study field, and also the rights and obligations of the Higher
Education Quality Commission in accreditation of a study field
and the rights and obligations of the Appeals Commission in
accreditation of a study field.
[21 June 2018]
Section 56. Regulation of
Studies
(1) Studies in a higher education institution and college
shall take place in accordance with the study programmes which
have been developed, approved and licensed in accordance with the
procedures prescribed by this Law. Study programmes shall be
implemented in full-time and part-time studies.
(2) A higher education institution or a college shall
determine in its internal legal acts the content of studies and
the requirements to be brought forward in examinations which are
related to medicine, sports, arts, police, border guard,
fire-fighting and rescue, probation, penitentiary work, national
defence, and other specific areas of activities of the relevant
higher education institution or college, insofar as it is not in
contradiction with the requirements of this Law and other laws
and regulations.
(3) The study programmes of higher education institutions and
colleges shall be implemented in the official language. In a
study programme which is implemented in the official language,
not more than one-fifth of the credit point amount of the study
programme may be implemented in other official languages of the
European Union, taking into account that final and State
examinations as well as the writing of a qualification paper,
bachelor or master's thesis may not be included in this part.
(4) Study programmes may be implemented in the official
languages of the European Union in the following cases:
1) if it is laid down in international agreements or within
the scope of cooperation provided for in European Union
programmes;
2) if all study programmes which are part of the same thematic
area of education as the study programme to be implemented in the
official language of the European Union have received a good or
excellent evaluation in the accreditation process of the study
field;
3) if they are joint study programmes.
(5) A study programme, including a joint study programme, may
be implemented in any of the official languages of the European
Union or another foreign language if it is necessary for the
achievement of the objectives of the study programme in
accordance with the Latvian Classification of Education in the
following groups of educational programmes: language and culture
studies, language programmes. In such case, all study programmes
should have received a good or excellent evaluation in the
accreditation process of the study field. The Higher Education
Quality Commission shall decide on the conformity of the study
programme with the groups of educational programmes.
(6) A higher education institution or a college is entitled to
implement preparatory courses in order to prepare entrants for
studies in study programmes of the higher education institution
or college.
(7) For foreign students the acquisition of the official
language shall be included in the study course compulsory amount
if studies in Latvia are expected to be longer than six months or
exceed 20 credit points.
[8 April 2021 / See Paragraph 57 of Transitional
Provisions]
Section 56.1 Study
Course
(1) Higher education institutions and colleges shall determine
the procedures by which study courses shall be developed and
included in study programmes in order to ensure the achievement
of the common learning outcomes. The description of a study
course shall be prepared and approved in accordance with the
procedures specified by the higher education institution and
college.
(2) The study course description shall:
1) define the requirements for the commencement of the
acquisition of the study course;
2) determine the aims for the implementation of the study
course and the planned learning outcomes;
3) outline the content of the study course necessary for the
achievement of learning outcomes, contain the study course
calendar, mandatory and supplementary literature, indicate other
sources of information;
4) describe the organisation and tasks for the independent
work of students;
5) determine the evaluation criteria of learning outcomes.
[14 July 2011]
Section 56.2 Study
Module
(1) A study module may be developed for the structuring and
transparency of the study programme, the establishment of a
flexible study route and for the professional orientation of
students, ensuring the planning thereof in a manner suitable also
for lifelong learning.
(2) The description of the study module shall determine:
1) the learning outcomes achievable as a result of the
acquisition of the study module;
2) the plan of the study work time;
3) the study courses included in the study module.
[14 July 2011]
Section 57. Duration of Studies
(1) Academic study programmes for the acquisition of a
bachelor or master's degree shall be implemented in higher
education institutions. Bachelor and master's degree study
programmes shall be formed in accordance with the national
standard of academic education. The duration of a full-time
bachelor's degree study programme shall be three to four years,
the duration of a full-time master's degree study programme shall
be one to two years on the condition that the total duration of
bachelor and master's studies is not less than five years.
(2) The duration of full-time studies for the acquisition of
the fifth-level vocational qualification shall not be less than
four years, except for those vocational study programmes which
are implemented after the acquisition of the programme of a
college. A higher vocational education bachelor's degree shall be
awarded if the duration of a programme of full-time studies is at
least four years. A higher vocational education master's degree
shall be awarded if the total duration of full-time studies is at
least five years.
(3) Persons who have acquired a bachelor's degree are entitled
to continue studies for the acquisition of a master's degree.
(4) Persons who have acquired a master's degree are entitled
to continue studies in a doctoral study programme for the
acquisition of a doctoral degree. The duration of the doctoral
study programme shall be three to four years.
(5) The content and the amount of content of a study
programme, and also the evaluation of achievements in full-time
and part-time study programmes shall be equal.
[23 November 2000; 3 June 2004; 2 March 2006; 14 July 2011;
1 February 2018]
Section 58. Final Examinations and
State Examination of Studies
(1) Academic bachelor and master's degree study programmes
shall end in final examinations, which include the formulation
and defending of a bachelor or master's thesis.
(2) Higher vocational education studies shall end in State
examinations which may include the formulation and defending of a
diploma thesis (diploma project) and a bachelor (master's) thesis
or the formulation and defending of a thesis paper (diploma
project) or a bachelor (master's) thesis.
(3) Examinations shall be complex and mostly in written form.
Higher education institutions shall preserve these materials.
(4) The Cabinet may determine that a part of the State
examination in certain second-level higher vocational education
study programmes is a State exam. Main directions of the content
of the State examination arising from the profession standard,
the procedures for organising, occurrence, financing, assessment
of the State exam, the establishment of the commission and
activity thereof, and also the authority responsible for the
State exam shall be determined by the Cabinet.
(5) A task of the State exam is to detect the student's
knowledge, skills, and competences in conformity with the
requirements of the second-level higher vocational education
study programme and the relevant profession standard or
vocational qualification.
(6) The Cabinet shall, when determining the second-level
higher vocational education study programmes in which a part of
the State examination is a State exam, observe the following
conditions:
1) the Ministry of Education and Science or the ministry
responsible for the relevant sector indicates to the necessity of
a State exam;
2) the necessity, objective and impact of the introduction of
the State exam to be taken in the relevant profession or
speciality have been assessed by involving higher education
institutions and sectoral professional organisations;
3) the agreement has been reached with higher education
institutions and sectoral professional organisations on the model
of financing necessary for the introduction of the State
exam;
4) the State exam as a part of the State examination applies
to those second-level higher vocational education study
programmes which are commenced in the next academic year after
the Cabinet has taken the decision referred to in Paragraph four
of this Section;
5) a State-recognised diploma issued after acquiring the
second-level higher vocational education study programme before
the introduction of the State exam shall be considered to be
equal to the State-recognised diploma issued after acquiring such
second-level higher vocational education study programme in which
the State exam is a part of the State examination.
(7) An institution responsible for the State exam has the
right to delegate the tasks related to technical provision
(facilities) of the occurrence of the State exam to a private
person or public person.
(8) A vocational qualification examination shall be taken in
the official language. The vocational qualification examination
may also be taken in that official language of the European Union
in which the relevant study programme is implemented.
(9) In study programmes in which a unified vocational
qualification examination of a lawyer is intended, the
qualification examination shall be taken in the official
language.
(10) Papers and theses necessary for obtaining a bachelor's,
master's, or doctoral degree shall be developed and defended in
the official language. The papers and theses necessary for
obtaining a bachelor's, master's, or doctoral degree may also be
developed and defended in that official language of the European
Union in which the relevant study programme is implemented. An
expanded summary of a doctoral thesis shall be appended in the
Latvian language for obtaining a doctoral degree.
[23 November 2000; 20 April 2017; 18 October 2018; 8 April
2021 / Amendments to Section which provide for the use of
languages when taking vocational qualification examinations, and
also developing and defending the papers and theses necessary for
obtaining a bachelor's, master's, or doctoral degree shall come
into force on 1 May 2021. See Paragraph 56 of Transitional
Provisions]
Section 59. Degrees, Vocational
Qualification to be Acquired in Studies, and Diplomas to be
Issued
(1) In conformity with the accredited study programme, an
academic education and the following degrees may be acquired in a
higher education institution:
1) academic bachelor's degree;
2) academic master's degree;
3) doctoral degree.
(11) In conformity with a State accredited study
programme, the following higher vocational education may be
acquired in a higher education institution:
1) the first-level higher vocational education and
fourth-level vocational qualification;
2) the second-level higher vocational education:
a) the fifth-level vocational qualification,
b) the vocational bachelor's degree and fifth-level vocational
qualification,
c) vocational master's degree or vocational master's degree
and fifth-level vocational qualification;
3) vocational Ph. D. in Arts.
(12) The first-level higher vocational education
and fourth-level vocational qualification may be acquired in a
college in conformity with a State accredited study
programme.
(2) After acquisition of accredited study programme, the
following State-recognised diplomas shall be issued:
1) after acquisition of the first-level higher vocational
education programme - the diploma of the first-level higher
vocational education;
2) after acquisition of academic bachelor's or academic
master's study programme - the bachelor's or master's
diploma;
3) after acquisition of the second-level higher vocational
education programme the following shall be issued:
a) a higher vocational education diploma or vocational
qualification diploma,
b) a vocational bachelor's and vocational qualification
diploma,
c) a vocational master's and vocational qualification diploma
or vocational master's diploma;
4) after acquisition of the academic doctoral study programme
- a doctoral diploma;
5) after acquisition of the vocational doctoral study
programme in arts - a vocational Ph. D. in Arts diploma.
(3) The acquisition of scientific qualification in higher
education institutions shall take place in accordance with the
Law on Scientific Activity.
(4) The Cabinet shall regulate the procedures by which, upon a
submission of a person, the degrees and vocational qualifications
acquired in Latvia prior to the coming into force of the existing
legal framework for the awarding of degrees and vocational
qualifications shall be considered as equal to the degrees and
vocational qualifications specified in this Law, and the
conditions for such equalisation. The degree and vocational
qualification acquired in Latvia before coming into force of the
legal framework for awarding degrees and vocational qualification
in force shall be equalled to the degrees and vocational
qualifications laid down in this Law by the Academic Information
Centre. The abovementioned equalisation of degrees and vocational
qualifications shall be paid service in accordance with the price
list of paid services approved by the Cabinet. The main
conditions for the equalisation of degrees and vocational
qualifications shall be the duration of studies in full-time
studies and the extent of rights which the degrees or vocational
qualifications gave at the time when the laws and regulations
regulating higher education provided for the validity
thereof.
[23 November 2000; 14 July 2011; 17 December 2014; 1
February 2018]
Section 59.1 Diploma
Register
(1) Information regarding all higher education diplomas which
are issued by higher education institutions, colleges and
branches of foreign higher education institutions registered in
the Register of Higher Education Institutions and the colleges'
section of the Register of Educational Institutions shall be
recorded in the Diploma Register. The Diploma Register shall be
organised by an official authorised for this by the higher
education institution or college. The Diploma Register shall be
organised electronically.
(2) The following information shall be recorded in the Diploma
Register regarding a diploma:
1) name of the diploma;
2) diploma number;
3) the given name and surname of the person to whom the
diploma is issued;
4) the name of the higher education institution, college and
branch of the foreign higher education institution which issued
the diploma;
5) the date of issue of the diploma.
(3) The higher education institutions, colleges and branch of
the foreign higher education institutions shall submit the
information referred to in Paragraph two of this Section
electronically to the Diploma Register two times a year (in March
and September) regarding the higher education diplomas issued in
the previous half-year.
(4) The Diploma Register data shall be accessible only in the
cases specified in laws and regulations.
[2 March 2006; 14 July 2011]
Section 59.2 Studies
Outside Study Programmes
(1) A person has the right to register at a higher education
institution or college for the acquisition of an individual study
module or study course. The procedures for registration shall be
determined by the relevant higher education institution or
college.
(2) A person who has registered at a higher education
institution or college for the acquisition of an individual study
module or study course shall be a listener of the relevant higher
education institution or college.
(3) A certificate shall be issued to a listener of a study
module or study course acquired at a higher education institution
or college which shall contain information regarding the
recipient thereof, shall indicate the name of the higher
education institution or college, the name of the study course or
study module and the amount in credit points, the given name,
surname and qualification of the lecturer of the study course or
study module, the amount of work performed and an evaluation of
the learning outcomes. The higher education institution or
college shall manage the register of issued certificates.
(4) A listener has the right to accumulate the amount of study
work confirmed by certificates and, if he or she has an adequate
previous education, to request that the higher education
institution or college evaluates the compliance of the work
amount with the study programmes or phases thereof, granting the
relevant credit points for it.
(5) The Cabinet shall determine the procedures and criteria
for recognising the learning outcomes achieved in previous
education.
[14 July 2011; 16 November 2017 / See Paragraph 44 of
Transitional Provisions]
Section 59.3 Recognising
the Knowledge, Skills, and Competences Acquired Outside Formal
Education or Obtained by Professional Experience
(1) A higher education institution or college shall assess the
knowledge, skills, and competences of a person acquired outside
formal education or obtained by professional experience and, if
they comply with the learning outcomes to be achieved in the
relevant study programme, recognise them, and shall also grant
the relevant credit points. A decision to recognise such
knowledge, skills, and competences acquired outside formal
education or obtained by professional experience shall be taken
within four months from the day of receipt of the submission of
the person.
(2) The procedures and criteria for the recognition of
knowledge, skills, and competences acquired outside formal
education or obtained by professional experience shall be
determined by the Cabinet. An individual decision shall be taken
in order to recognise the obtained knowledge, skills, and
competences or to refuse to recognise them. The decision and the
documents justifying it shall be appended to the file of the
relevant person. The decision taken by a higher education
institution or college may be appealed with its rector or
director.
[16 November 2017]
Chapter
VII
Scientific Research
Section 60. Aim and Subject-Matter
of Scientific Research
(1) Scientific research shall be an integral part of the
activities of each higher education institution, and the entire
academic staff of a higher education institution shall take part
therein in accordance with Section 26 of this Law. The aim
thereof shall be the acquiring of scientific findings, the
scientific justification and further development of training and
studies, the solving of tasks of practical importance with the
help of research methods.
(2) Scientific research activity in a higher education
institution shall take place in accordance with the Law on
Scientific Activity.
[14 July 2011]
Section 61. Co-ordination of
Scientific Research
(1) The supervisors of scientific research work shall
independently determine the themes of their research work within
the framework of the financing of a higher education institution
in accordance with the resources allocated for scientific
research. A higher education institution shall co-ordinate the
common plans and the most important aspects of research.
(2) Higher education institutions shall co-ordinate the
directions of research, evaluate the significance and scientific
level of research and take decisions on the financing thereof in
mutual co-operation, as well as in co-operation with the relevant
scientific institutions, the Latvian Council of Science and other
concerned institutions.
(3) A higher education institution and State authorities shall
influence the directions of research by allocating financing for
particular research in which the State and society is interested.
Research may also be conducted with the funds of other
persons.
Section 62. Publishing of the
Results of Research
(1) The academic staff of a higher education institution has a
duty to publish the results of their research.
(2) A higher education institution shall regularly publish
summarising informative materials regarding conducted research,
indicating the specific structural units and authors of the
research. These materials shall be regularly published on the
website of the higher education institution in the official
language and may also be published in other official languages of
the European Union.
[14 July 2011]
Section 63. Awarding the Doctoral
Degree
(1) The doctoral degree conferral council of higher education
institutions shall award the doctoral degree after the
acquisition of an accredited academic doctoral study programme
and the defence of the doctoral thesis.
(2) The procedures for awarding the doctoral degree, and also
all other matters related to scientific activity other than
regulated by this Law, shall be regulated by the Law on
Scientific Activity.
[1 February 2018]
Chapter
VII.1
Artistic Creation
[1 February 2018]
Section 63.1 Objective
and Tasks of Artistic Creation
(1) Artistic creation shall be implemented in the following
academic and vocational art study programmes: music and stage
art, visual plastic art, audio-visual art and media art, design,
crafts, applied art, and creative industries. The process of art
studies shall include creative activity which is based on
artistic creation.
(2) The objective of artistic creation shall be to ensure the
acquisition of skills for the creation of highly valued works of
art and develop practical skills for the implementation of unique
artistic ideas within the framework of art study programmes.
(3) The task of artistic creation shall be to ensure and
develop the unity of study, research, and artistic creation work,
to promote excellence and quality, competitiveness and export
capacity in music and stage art, visual plastic art, audio-visual
art and media art, design, crafts, applied art, and creative
industries within the framework of art study programmes.
[1 February 2018]
Section 63.2 Management
of Artistic Creation Work
(1) A higher education institution shall manage artistic
creation work and ensure planning, implementation, and
development thereof. A senate of the higher education institution
shall determine a direction and scope of the artistic creation
work.
(2) Upon co-operation both amongst themselves and with culture
authorities, culture education institutions, local governments,
and other interested authorities, higher education institutions
shall co-ordinate directions of artistic creation work, assess
significance, artistic level thereof and decide on financing for
such work.
(3) A higher education institution, State authorities, and
other interested authorities shall promote and support artistic
creation work by granting financing, and also attracting other
sources of financing thereto.
[1 February 2018]
Section 63.3 Publishing
of Results of an Artistic Creation Work
(1) A higher education institution has an obligation to inform
the public on the results of an artistic creation work.
(2) A higher education institution shall publish compiled
informative materials on carried out artistic creation projects
by indicating the authors of these projects and implementers
thereof on the website of the higher education institution in the
official language, and also they may be published in other
official languages of the European Union.
[1 February 2018]
Section 63.4 Awarding Vocational Ph. D.
in Arts
(1) A vocational Ph. D. in Arts shall be awarded by a State
examination commission after the acquisition of the accredited
vocational doctoral study programme in arts and development and
defence of doctoral theoretical research and artistic creation
work. The procedures for the establishment of the State
examination commission and composition thereof shall be approved
by the senate of the higher education institution.
(2) The main objectives and tasks of the vocational doctoral
study programme in arts, main content of the study programme,
basic principles for the evaluation of the acquired education,
and also the procedures for awarding a vocational Ph. D. in Arts
shall be determined by the Cabinet.
[1 February 2018]
Chapter
VIII
Co-operation of a Higher Education Institution with State and
Public Institutions
Section 64. Council of Rectors
(1) For the co-ordination of co-operation and the organisation
of the necessary common activities, higher education institutions
shall form a collegial consultative council of higher education
institutions - a Council of Rectors in which the rectors of all
accredited State higher education institutions are included.
(2) The Council of Rectors shall:
1) formulate proposals for the Minister for Education and
Science regarding the development of higher education;
2) discuss issues regarding the establishment of common study
programmes, the use of the academic staff and material base;
3) prepare proposals and opinions regarding draft laws and
other laws and regulations in the field of higher education;
4) recommend experts for the accreditation of higher education
institutions and particular study fields;
5) formulate proposals for the accreditation of higher
education institutions based on the results of an
expert-examination;
6) prepare proposals regarding the distribution of State
budget resources to higher education institutions;
7) represent the higher education institutions of the Republic
of Latvia in foreign states;
8) solve other issues related to the activities of higher
education institutions within the scope of their competence.
(3) The procedures for the operation and competence of the
Council of Rectors shall be prescribed by the by-law of the
Council of Rectors. The Cabinet shall approve the by-law of the
Council of Rectors.
[2 March 2006; 14 July 2011 / See Paragraph 31 of
Transitional Provisions]
Section 64.1 Colleges
Association of Latvia
(1) The Colleges Association of Latvia unites colleges which
implement licensed first-level higher vocational education
programmes. The colleges in the association shall be represented
by the directors.
(2) The Colleges Association of Latvia shall:
1) be concerned regarding the improvement of higher vocational
education programmes in colleges;
2) develop proposals for a college development strategy;
3) promote co-operation between the higher education
institutions of Latvia and other states;
4) represent the interests of colleges in relationships with
State, local government and foreign institutions;
5) inform the public regarding colleges and the study
opportunities therein.
[2 March 2006]
Section 64.2 Student
Union of Latvia
(1) For the representation of students and the expression of
viewpoints, the student self-governance bodies of higher
education institutions shall establish the Student Union of
Latvia. The Student Union of Latvia is a collegial union of
student self-governance bodies in which the representatives of
student self-governance bodies of all accredited higher education
institutions are included.
(2) The Student Union of Latvia shall:
1) provide opinions regarding draft laws and regulations that
have an impact on the interests of students;
2) nominate student representatives to the Council of Higher
Education and other institutions according to the procedures
specified in laws and regulations;
3) ensure the representation of Latvian student
self-governance bodies abroad;
4) within the scope of its competence, resolve other issues
associated with the representation of student interests.
(3) The Student Union of Latvia has the right to receive
information from State and local government institutions and to
participate in activities, which have an impact on studies, and
the rights or interests of students.
[2 March 2006]
Chapter
IX
Council of Higher Education
Section 65. Status of the Council of
Higher Education
(1) [23 November 2000]
(2) The Council of Higher Education shall have the status of a
legal person. It shall have its own balance and an account in a
bank. The Council of Higher Education shall have a seal with the
name thereof.
[23 November 2000]
Section 66. Procedures for the
Establishment of the Council of Higher Education
(1) The Council of Higher Education, which shall consist of 13
members, shall be approved by the Saeima on the basis of a
proposal of the Minister for Education and Science. The Council
of Higher Education shall include one delegated representative of
the Latvian Academy of Sciences, the Latvian Association of
Universities, the Association of Higher Education Institutions in
Arts, the Latvian Association of Education Managers, the Chamber
of Commerce and Industry, the Colleges Association of Latvia, the
Council of Rectors, the Latvian Association of Professors of
Higher Education Institutions, the Employers' Confederation of
Latvia, the Latvian Trade Union of Education and Science
Employees, a representative of the Student Union of Latvia, and
also a delegated representative of higher education institutions
founded by local governments and other legal persons and natural
persons. In accordance with the office held (ex officio),
the Minister for Education and Science shall represent the
Council of Higher Education as a member thereof in government
meetings. Representatives of the Latvian Lawyers Association, the
Latvian Medical Association and other professional organisations
may participate in the operations of the Council of Higher
Education in the capacity of an advisor in the examination of
matters which are related to matters within the competence of
these organisations.
(2) The Saeima may reject the nominations of members of the
Council of Higher Education by submitting justified objections of
the members of parliament (factions).
(3) The bodies referred to in Paragraph one of this Section
have the right to recall a member of the Council of Higher
Education by submitting a justified recall notice to the
Saeima.
(4) The chairperson and vice-chairperson of the Council of
Higher Education shall be elected by secret ballot by the Council
within 14 days after the termination of the term of office of the
previous chairperson and vice-chairperson.
(5) A representative of the Higher Education and Science
Department of the Ministry of Education and Science shall
participate in the meetings of the Council of Higher Education as
an independent advisor.
[23 November 2000; 2 March 2006; 21 June 2018]
Section 67. Members of the Council
of Higher Education
(1) The members of the Council of Higher Education shall
receive remuneration on the basis of an employment contract.
(2) The members of the Council of Higher Education shall be
public officials.
(3) A person who has been punished for an intentional crime
may not become a member of the Council of Higher Education if
this person has not been exonerated or the criminal record has
not been extinguished or set aside.
[18 October 2018]
Section 68. Term of Office of
Members of the Council of Higher Education
The term of office of members of the Council of Higher
Education shall be four years. The term of office of a student
representative shall be two years. The Minister for Education and
Science shall submit the nominations of members of the Council of
Higher Education to the Saeima for approval not later than one
month prior to the termination of the term of office of members
of the Council of Higher Education.
[23 November 2000]
Section 69. Decisions of the Council
of Higher Education
(1) All decisions taken by the Council of Higher Education
shall be available to all interested persons.
(2) The Council of Higher Education has the right to take
decisions which are related to higher education only in cases
prescribed by this Law. In accordance with this Law, the
decisions taken by the Council of Higher Education shall be
binding on higher education institutions.
[23 November 2000]
Section 70. Basic Tasks, Competence
and Functions of the Council of Higher Education
The Council of Higher Education shall:
1) formulate a national concept for the development of higher
education and higher education institutions, making provisions
for the development of higher education institutions founded by
the State, other legal persons and natural persons, and promote
the equal and balanced development of higher education
institutions of all types and higher academic and higher
vocational education;
2) formulate long-term plans and proposals for the development
of education and science in the system of higher education;
3) formulate proposals for the improvement of the quality of
the scientific work of higher education institutions, staff
qualification and study programmes;
4) forecast the number of students in the State as a whole
necessary for the development of the State and formulate
proposals for the number of students financed from the State
budget in each branch;
5) formulate proposals for changes in the structure of higher
education institutions in the State;
6) formulate proposals regarding the number of professors in
higher education institutions and recommendations in other issues
related to higher education;
7) formulate proposals for the improvement of higher education
and the study fee;
8) provide an opinion to the Minister for Education and
Science and the Cabinet regarding the draft State budget for the
financing of higher education institutions;
9) take a decision on the accreditation of higher education
institutions as a whole and submit it for approval to the
Ministry of Education and Science;
10) [23 November 2000];
11) maintain relations with the institutions of other
countries which deal with issues of higher education.
[23 November 2000; 2 March 2006]
Section 71. Rights of the Council of
Higher Education
The Council of Higher Education has the right to:
1) become acquainted with the assessment and accreditation
materials of any study field of a higher education
institution;
2) request extraordinary accreditation for any higher
education institution or a study field thereof;
3) request from higher education institutions and State
authorities the information necessary for the performance of the
activities thereof.
[14 July 2011 / See Paragraph 31 of Transitional
Provisions]
Section 72. Organisation of the
Operation of the Council of Higher Education
(1) The operation of the Council of Higher Education shall be
regulated by a by-law.
(2) Meetings of the Council of Higher Education shall take
place as appropriate. Extraordinary meetings shall be convened
within three days if they are requested by at least three members
of the Council of Higher Education.
(3) The secretariat shall provide information regarding the
agenda of a meeting of the Council of Higher Education and the
decisions taken therein in the official newspaper Latvijas
Vēstnesis and in the mass media. Transcripts of decisions
shall be sent to higher education institutions and other
institutions to which these decisions apply.
Section 73. Financing of the Council
of Higher Education
(1) The Council of Higher Education shall be financed from the
State budget.
(2) The Council of Higher Education shall publish a report
once a year regarding the financial activities thereof in the
official newspaper Latvijas Vēstnesis.
(3) A paid secretariat shall be established for ensuring the
activities of the Council of Higher Education.
Section 74. Chairperson of the
Council of Higher Education
(1) The Chairperson of the Council of Higher Education shall
not concurrently hold another managerial position.
(2)The Chairperson of the Council of Higher Education shall be
responsible for the operation of the Council of Higher Education
and the fulfilment of the functions thereof.
(3) The Chairperson of the Council of Higher Education
shall:
1) represent the Council of Higher Education in State
authorities as well as in relations with natural persons and
legal persons in Latvia and abroad, participate in Cabinet
meetings in the capacity of an advisor in the examination of
issues within the competence of the Council;
2) handle the finances of the Council of Higher Education;
3) hire and dismiss from work the employees of the secretariat
of the Council of Higher Education;
4) enter into agreements with natural persons and legal
persons for ensuring the operation of the Council of Higher
Education.
(4) The remuneration of the Chairperson of the Council of
Higher Education shall be determined in accordance with the Law
on Remuneration of Officials and Employees of State and Local
Government Authorities.
[2 March 2006; 1 December 2009; 18 October 2018]
Section 75. Report on the Activities
of Higher Education Institutions and Colleges
(1) Each year, for the promotion of co-operation among higher
education institutions and colleges, State authorities and local
government institutions and society, a higher education
institution and college shall prepare a report on the activities
thereof in the reporting year (a year-book) which shall be
published as a separate issue and kept on the website of the
higher education institution and college.
(2) In accordance with the procedures and the time period
prescribed by the Cabinet, a higher education institution and
college shall submit information regarding the activities thereof
to the Ministry of Education and Science, and this information
shall include data about:
1) the structure of the higher education institution and
college;
2) the number and composition of students and other staff of
the higher education institution and college;
3) options for studies and the number and composition of
enrolled students;
4) the offered study courses, study modules and study
programmes, and also information regarding the study fields;
5) the allocation and utilisation of State budget funds;
6) economic activity, own income and utilisation thereof;
7) international relations;
8) [23 November 2016].
[23 November 2000; 2 March 2006; 14 July 2011; 23 November
2016]
Chapter X
Property, Budget and Economic Activity of Higher Education
Institutions
Section 76. Property of State Higher
Education Institutions
(1) The property of a higher education institution which is a
derived public person may be movable property, immovable
property, and intellectual property, and also funds in Latvia and
abroad in conformity with laws and regulations.
(2) The property of a State higher education institution which
is a derived public person shall be comprised of:
1) movable property and immovable property which has been
gifted to it, which it has inherited or also which it has
purchased for its own funds;
2) property purchased with State budget funds. Immovable
property shall be recorded in the Land Register as property of
the higher education institution;
3) the intellectual property thereof;
4) immovable property which has been handed over thereto
without remuneration by another derived public person or the
State;
5) movable property which has been handed over thereto without
remuneration by another derived public person or the State.
(3) A State higher education institution which is a derived
public person has the right to make use of its property for
achieving the aims indicated in the constitution thereof. Such
property shall be managed separately from the State property or
that of other derived public person handed over to it in
possession.
(4) A decision-making body laid down in the constitution of a
State higher education institution which is a derived public
person has the right to propose alienation of the immovable
property which has been handed over to it without remuneration by
the State in accordance with the procedures laid down in the Law
on the Alienation of Public Person's Property in accordance with
the plan for the development of immovable property of the State
higher education institution.
[16 June 2016]
Section 76.1 Plan for the
Development of Immovable Property of the State Higher Education
Institution
(1) A State higher education institution which is a derived
public person shall develop a plan for the development of
immovable property of the State higher education institution
(hereinafter - the plan for the development of immovable
property) in which the use of the immovable property of the State
higher education institution, and also the immovable property in
the possession or use thereof, shall be determined in accordance
with the development strategy of the higher education institution
in conformity with the functions necessary for the provision of
basic activity of the higher education institution laid down in
the constitution thereof.
(2) The time period of validity of the plan for the
development of immovable property shall be five years.
(3) The plan for the development of immovable property shall
be approved by a decision making body laid down in the
constitution of the higher education institution. If the plan for
the development of immovable property provides for alienation of
the immovable property which has been handed over to the higher
education institution without remuneration by the State, the plan
for the development of immovable property shall be submitted for
the examination to the Cabinet. The Cabinet shall approve the
action with the immovable property which has been handed over to
the higher education institution without remuneration by the
State laid down in the plan for the development of immovable
property.
(4) If a higher education institution plans to propose
alienation of the immovable property which has been handed over
to it without remuneration by the State, the need of the public
person or institutions thereof for the relevant immovable
property shall be found out within the framework of drawing up
the plan for the development of immovable property.
(5) The Cabinet shall determine the content of the plan for
the development of immovable property, the procedures for the
drawing up, updating and invalidity thereof, and also the
procedures for finding out the need of the public person or
institutions thereof for the immovable property which has been
handed over to the higher education institution without
remuneration by the State intended for the alienation and
included in the plan for the development of immovable
property.
[16 June 2016]
Section 77. Financial Resources of
Higher Education Institutions
(1) Higher education institutions shall be financed by the
founders thereof. The founder of a higher education institution
shall provide financial resources and the control of the
utilisation thereof for the continuous operation of the higher
education institution, and also for the fulfilling of the tasks
determined by the founder. The financial resources of State
higher education institutions shall be formed from the resources
of the State general budget, and also other income which higher
education institutions earn by performing activities for the
realisation of the aims specified in the constitutions thereof.
Higher education institutions shall operate with this income,
taking into account the regulations which are applicable to
non-profit organisations. A higher education institution has the
right to receive and use the donations and gifts of banks, other
credit institutions, and also organisations and natural persons.
A higher education institution has the right to receive and use
credits from banks and other credit institutions. The structure
of the financial resources of a higher education institution
shall be determined by the senate thereof. The rector shall
submit an annual report on the implementation of the budget to
the senate, the Minister for Education and Science and the
minister of the relevant sector or the founder of the higher
education institution, and publish it on the website of the
higher education institution.
(2) A higher education institution shall transfer the
financial resources which natural persons and legal persons
assign for the financing of separate target programmes and
measures directly to that structural unit, natural person or
legal person which implements such programme or measure.
(3) The financial resources of separate structural units of a
higher education institution shall be included in the budget of
the higher education institution as an independent part.
(4) A higher education institution shall open a special budget
account if it has received a donation or gift with or without the
aim indicated.
[27 December 1996; 23 November 2000; 2 March 2006; 14 July
2011; 18 October 2018]
Section 78. State Financing
(1) State founded higher education institutions shall receive
the following financing:
1) from the State general budget for education - financial
reference amount which complies with the optimal list of study
programmes and the number of students and which includes
resources for payments of utilities, taxes, the maintenance of
infrastructure, the purchase of inventory and equipment,
scientific research work or artistic creation work and the
salaries of the staff;
2) from the study fee which is covered by the State or which
is received in the form of repayable and non-repayable credits in
accordance with the Cabinet regulations regarding the crediting
of studies;
3) from resources which are anticipated for the implementation
of definite goals.
(2) The State shall provide higher education institutions
financially and materially to such an extent which guarantees the
reproduction of the potential of higher education and science
therein and promotes the raising of the level of culture and
education in Latvia.
(21) Provision of data by State founded higher
education institutions and colleges to the Register of Students
and Graduates in accordance with Section 46.1,
Paragraph two of this Law shall be financed from the State budget
in accordance with the procedures laid down by the Cabinet.
(3) State founded higher education institutions may receive
additional financing from other sources of science financing.
(4) The Ministry of Education and Science, other ministries
and State authorities may enter into agreements with
State-accredited higher education institutions founded by other
legal persons and natural persons for the preparation of specific
specialists or the conducting of research, allocating the
respective State financing. Any State authority and private
structure may enter into agreements independently with higher
education institutions for the preparation of specific
specialists or the conducting of research, paying for it from
resources which are at the disposal thereof, if this does not
contradict with the legislation in force.
(5) As taxpayers, higher education institutions and colleges
shall be equated to foundations, and they have the right to
receive tax relief in accordance with the legislation in
force.
(6) Higher education institutions shall be released from
customs duties and fees, and also from taxes for the import of
reconstruction materials and equipment.
(7) [Recognised as invalid by the Constitutional Court
judgement of 29 October 2020]
[27 December 1996; 23 November 2000; 2 March 2006; 14 July
2011; 23 November 2016; Judgement of the Constitutional Court of
29 October 2020]
Section 79. Study and Student
Crediting
(1) Students in accredited and licenced study programmes have
the right to apply for:
1) study loan - a loan from the funds of credit institutions
which is guaranteed by the State budget, European Union funds, or
international financial institutions in order to cover the study
fee;
2) student loan - a loan from the funds of credit institutions
which is guaranteed by the State budget, European Union funds, or
international financial institutions in order to ensure the
social needs of students.
(2) The procedures for granting and repaying study and student
loans from the funds of credit institutions which are guaranteed
by the State budget, European Union funds, or international
financial institutions shall be determined by the Cabinet.
[14 November 2019]
Section 80. Economic Activities of
Higher Education Institutions
(1) In fulfilling the tasks thereof, a higher education
institution has the right to perform the following activities in
Latvia and foreign states:
1) to open departments, branches and representative
offices;
2) to enter into agreements with natural persons and legal
persons, and also to perform other legal activities in accordance
with this Law and other laws;
3) to announce competitions, purchase and sell movable and
immovable property, different goods and securities in accordance
with the legislation in force and pursuant to the aims of the
activities of the higher education institution;
4) to engage in economic activities pursuant to the profile of
the higher education institution, the income from which shall be
transferred into the budget of the higher education institution
for the development thereof, and also to invest the obtained
resources in other undertakings in accordance with the aims of
the higher education institution.
(2) An independent sworn auditor shall examine the compliance
of financial and economic activities of a higher education
institution with laws and regulations each year. A written
opinion prepared by the sworn auditor regarding the financial and
economic activity of a State founded higher education institution
or a report by the sworn auditor regarding the use of State
budget funds by a higher education institution which has received
funds from the State budget shall be submitted to the Ministry of
Education and Science and to the ministry to which the relevant
higher education institution is subordinated.
[23 November 2000; 2 March 2006; 14 July 2011]
Chapter
XI
International Co-operation of Higher Education Institutions
Section 81. International
Co-operation
(1) The Government of the Republic of Latvia and higher
education institutions themselves shall promote the international
co-operation of higher education institutions, inter-state
exchange programmes of students and academic staff, exchange
programmes between higher education institutions and
international co-operation programmes of higher education
institutions for research.
(2) In determining the amount of financing of a higher
education institution in the State budget, the participation of
each higher education institution in European international
co-operation programmes shall be taken into account. If
international co-operation programmes of higher education
institutions finance part of the study tasks or the work tasks of
scientific research of a higher education institution, the
financing of a higher education institution from the State budget
shall not be reduced.
(3) The agreements of the government on issues related to any
higher education institution shall be binding on such
institution. When drafting such an agreement, the implementing
provisions of the agreement shall be co-ordinated with the higher
education institution.
Section 82. Studies Abroad
(1) Latvian citizens and persons who have the right to a
non-citizen passport issued by the Republic of Latvia, and also
persons who have been issued with a permanent residence permit
may enter and study in higher education institutions outside
Latvia in accordance with the procedures stipulated by the
Cabinet. Students studying abroad may be granted scholarships
which are determined by the Cabinet. Students studying abroad
have the right to apply for the study loans and student loans
referred to in Section 79 of this Law. The procedures for
granting and repaying study and student loans for studies abroad
shall be determined by the Cabinet.
(2) [19 April 2007]
[3 June 2004; 19 April 2007; 14 November 2019]
Section 83. Studies by Foreigners in
Latvia
(1) Foreigners who are not referred to in Section 45,
Paragraph two of this Law may be admitted to Latvian higher
education institutions and colleges as full-time students in
accordance with the Education Law and this Law based on the
general provisions. If other procedures are not prescribed in
international agreements, foreigners may be admitted to Latvian
higher education institutions and colleges, observing the
following provisions:
1) the secondary education documents of foreigners shall be in
conformity with the standards of Latvia. The secondary education
documents of foreigners shall be checked in accordance with the
procedures laid down in Section 85 of this Law;
2) the knowledge of foreigners shall correspond to the
admission regulations of the relevant higher education
institution or college;
3) foreigners shall have sufficient knowledge of the languages
in which studies take place;
4) foreigners shall pay the study fees to a higher education
institution or college in accordance with the agreement which the
higher education institution or college has entered into with
them, however it may not be smaller than the study costs;
5) [14 July 2011].
(2) Foreigners who have not been issued with a permanent
residence permit may acquire a part of a study programme in
Latvian higher education institutions and colleges in accordance
with international exchange agreements (between higher education
institutions) or within the framework of international
co-operation programmes of higher education institutions and
colleges in accordance with the admission regulations. If the
studies of foreigners in Latvia take place within the framework
of international exchange programmes and an equivalent number of
students from Latvian higher education institutions and colleges
study abroad, the studies of foreigners in Latvia shall be
financed from the resources of the State budget of the Republic
of Latvia assigned to a higher education institution or
college.
(3) Persons who acquired a secondary education abroad may be
admitted to Latvian higher education institutions and colleges
taking into account Paragraph one, Clauses 1 and 2 of this
Section.
[2 March 2006; 14 July 2011]
Section 83.1 Scholarships
for Foreigners
In accordance with the entered into international agreements
and resources granted from the State budget, the institution
specified in laws and regulations may allocate funds to a higher
education institution or college for ensuring a scholarship for
the studies of a foreigner. The covering of other expenditure
related to the maintenance of a foreigner shall also be included
in the scholarship. The Cabinet shall regulate the conditions for
allocating and the procedures for administrating scholarships,
and also the criteria by which a foreigner may apply for a
scholarship.
[14 July 2011]
Section 84. Recognition of Part of
the Higher Education Acquired Abroad
Recognition of part of the higher education acquired abroad
shall be performed by that higher education institution in which
the student continues his or her education. The higher education
institution shall determine:
1) to which study programme the part of higher education
acquired abroad corresponds;
2) in what way the student may continue his or her studies in
the relevant study programme;
3) if necessary - what additional requirements shall be met in
order to continue studies in the relevant study programme in
Latvia.
Section 85. Academic Recognition in
Latvia of Academic Degrees and Education Documents Acquired
Abroad
(1) An expert-examination of academic degrees and education
documents acquired abroad, and also documents attesting to
secondary education shall be performed by the Academic
Information Centre.
(2) During an expert-examination of submitted documents, the
following shall be determined:
1) whether the education document acquired abroad conforms
with any higher education document awarded in Latvia (hereinafter
in this Section - the diploma);
2) to which academic degree or diploma awarded in Latvia it
may be equated;
3) what additional provisions shall be met so that the
education document obtained abroad could be equated to any
academic degrees or diplomas awarded in Latvia if the academic
degree or education document obtained abroad does not meet the
requirements of any academic degree or diploma awarded in
Latvia.
(3) As a result of an expert-examination of an education
document, the owner thereof shall be issued with a statement
regarding the academic degree or diploma awarded in Latvia to
which the education document obtained abroad corresponds.
(4) The expenses related to an expert-examination of an
academic degree or education document obtained abroad shall be
covered by the owner of the education document.
(5) If education is continued in Latvia, the relevant higher
education institution shall take a decision, on the basis of the
statement of the Academic Information Centre, regarding the
recognition of the academic degree or education document obtained
abroad for the continuation of studies.
[23 November 2000]
Section 86. Operation of Foreign
Higher Education Institutions in Latvia
(1) Foreign higher education institutions may open branches
and representative offices in Latvia if the relevant higher
education institution is accredited (nationally recognised) in
the state thereof.
(2) Branches of foreign higher education institutions in
Latvia shall operate in observance of the provisions of this Law
and other laws and regulations. Studies in a branch of foreign
higher education institution shall take place in study programmes
which are accredited in accordance with the procedures laid down
in this Law.
(3) Diplomas awarded by branches of foreign higher education
institutions shall be recognised in Latvia in observance of the
provisions of Section 85 of this Law and in accordance with the
Lisbon Convention and the documents of the European Council,
European Union and UNESCO in the field of transnational
education.
(4) Consent of the Cabinet shall be obtained for opening and
operation of a representative office of a foreign higher
education institution in accordance with the procedures
stipulated by the Cabinet.
(5) The representative office of a foreign higher education
institution may perform only the following activities in
Latvia:
1) advertising of the foreign higher education
institution;
2) dissemination of information and teaching aids;
3) transferral of documentation to the relevant foreign higher
education institution and the receiving of documentation
therefrom.
[23 November 2000; 18 October 2018]
Section 87. Academic Staff
Register
(1) Information regarding persons who occupy academic
positions in higher education institutions and colleges shall be
recorded in the Academic Staff Register. The Academic Staff
Register shall be a component of the State Education Information
System, and it shall be managed by an official authorised by an
institution specified by the Ministry of Education and Science
(hereinafter - the official responsible for the Academic Staff
Register).
(2) The following information shall be recorded in the
Academic Staff Register regarding a person:
1) given name and surname of the person;
2) personal identity number;
3) the name of the academic position to which the person is
elected;
4) the name of the higher education institution or college in
which such person occupies an academic position (indicating if
the position is occupied in a branch thereof);
5) the name of the structural unit if there is such;
6) the commencement period of fulfilling the academic position
in the relevant higher education institution or college;
7) the name of the field of research, sub-field and
educational programme group in conformity with the academic
position.
(3) Information regarding their academic staff shall be
submitted to the Academic Staff Register by higher education
institutions or colleges. The rector of a higher education
institution or director of a college shall be responsible for the
preciseness and conformity to the reality of the information
submitted to the Register.
(4) Updated information on changes in the information
requested in Paragraph two of this Section shall be submitted by
a higher education institution or college to the Academic Staff
Register not later than one week after the changes, entering it
into the Academic Staff Register electronically.
(5) The official responsible for the Academic Staff Register
shall publish the information referred to in Paragraph two,
Clauses 1, 3, 4, 5, 6, and 7 of this Section on the Internet not
later than within two weeks from the receipt of such changes.
[2 March 2006; 14 July 2011 / The new wording of Paragraph
four shall come into force on 1 September 2012. See Paragraph 36
of Transitional Provisions]
Chapter
XII
Integration of Higher Education Institutions and Scientific
Institutions
[23 November 2000]
Transitional
Provisions
1. Higher education institutions shall co-ordinate the
constitutions thereof with the requirements of the Law on Higher
Education Institutions and submit them to the Ministry of
Education and Science by 1 October 2001. In a case of
non-compliance with this requirement, the provisions of Section
10, Paragraph four or Section 11 of the Law on Higher Education
Institutions shall be applied.
[23 November 2000]
2. Within three months after the approval of the constitution
of higher education institution in the Saeima or the
Cabinet, higher education institutions shall co-ordinate all the
legal acts thereof (by-laws, regulations, rules of procedure,
etc.) with the constitutions thereof and this Law.
[23 November 2000]
3. The terms of office of all elected positions and bodies
shall not be changed if they do not exceed six years beginning
with the day of the election.
4. Higher education institutions whose constitutions have been
approved by 2 December 1995 shall be equated to accredited higher
education institutions until accreditation, but not later than by
17 November 2001, and they have the right to issue an education
document in accordance with the provisions of Section 7,
Paragraph three of this Law, and also to participate in the work
of the Council of Rectors.
[23 November 2000]
5. The Council of Higher Education shall, in co-operation with
the Latvian Council of Science and the Academy of Science,
formulate proposals to the Minister for Education and Science
regarding the list of staff positions for professors and the
schedule for the announcement of the competition within one year
after the coming into force of this Law.
6. The Minister for Education and Science shall submit to the
Saeima the candidatures for the personnel of the Council
of Higher Education not later than within two months after the
coming into force of the amendments to Section 66, Paragraph one
of this Law (regarding the proposal to approve 12 members of the
Council of Higher Education in the Saeima).
[23 November 2000]
7. Within three months, the Council of Higher Education shall
formulate and submit to the Cabinet for approval a reform
programme for universities, prescribing therein the consecutive
integration of higher education and science (founding of
scientific research institutes or inclusion of the existing
institutes in the primary study and research disciplines),
in-service training of academic staff, attraction of the new
generation of scientists, new procedures for financing and work
remuneration.
8. The Cabinet shall provide annual additional financial
resources for the implementation of university reform.
[2 March 2006]
9. Within two months from the day of the coming into force of
this Law, the Cabinet shall accept provisions for the licensing
and accreditation of higher education institutions which comply
with the requirements of this Law.
10. Licensed higher education institutions shall have to renew
their licence within six months from the day of the coming into
force of this Law.
11. The Cabinet shall, by 1 December 2014, issue the
regulations referred to in Section 7, Paragraph 2.1,
Clause 1 of this Law and by 1 June 2015 approve the constitution
of the National Defence Academy of Latvia. The National Defence
Academy of Latvia shall submit the constitution for the
co-ordination to the Minister for the Education and Science by 1
April 2015.
[16 October 2014]
11.1 In relation to the colleges existing within
the system of the Ministry of the Interior, the Cabinet is
entitled to specify other procedures regarding issues of the
representation of such colleges (Section 10.1), the
admission of students (Section 45) and the approval of study
programmes (Section 55) if it is required by the professional
specificity of such educational institutions.
[2 March 2006]
12. Enrolment in study programmes based on the results of
centralised examinations (Section 46, Paragraph three) shall be
initiated in the year 2004.
[23 November 2000]
13. Higher education institutions shall announce admissions
requirements by 1 April 2001 in those study programmes which are
already implemented on the day of the coming into force of this
provision and in which admission is also planned in the period up
to the year 2004.
[23 November 2000]
14. Section 55, Paragraph two of this Law regarding the number
of full-time students in study programmes of academic education
shall not relate to those study programmes which are already
being implemented on the day of the coming into force of this
provision - until the moment when the relevant study programme is
to be accredited in accordance with the requirements of this
Law.
[23 November 2000]
15. Section 55, Paragraph six of this Law regarding the
licensing of every study programme shall not relate to those
study programmes which are already being implemented on the day
of the coming into force of this provision. These study
programmes shall be regarded as licensed study programmes.
[23 November 2000]
16. Doctor Habilitus have the rights of a doctor of the
relevant field.
[23 November 2000]
17. By 1 November 2004, the Cabinet shall determine the
mandatory provisions to be included in the study agreement
(Section 46, Paragraph two), the procedures for the drawing up
and updating of the personal file of a student (Section 46,
Paragraph eight), the procedures for the initiation of studies in
further stages of studies (Section 47, Paragraph three) and the
procedures for the registration of persons studying outside of
Latvia (Section 82, Paragraph two).
[3 June 2004]
18. Higher education institutions shall co-ordinate the
constitutions thereof with the requirements of Section 13,
Paragraph three and Section 15, Paragraph four of this Law about
the changes of the proportion of students in the constitutional
assembly and the senate of a higher education institution and
submit them for approval to the Ministry of Education and Science
by 10 June 2005. The Constitutional Assemblies and senates of
higher education institutions, which have been elected by 10 June
2004, shall continue to operate until the termination of the term
of office of the relevant constitutional assembly or senate,
preserving the proportion of students determined in the
constitution of the higher education institution.
[3 June 2004]
19. A higher education institution shall ensure the conformity
of the constitution thereof to the requirements specified in the
Law on Higher Education Institutions and by 1 September 2006
shall submit the constitution to the Ministry of Education and
Science. A State founded higher education institution shall
become a derived public person after the approval of the
constitution by the Saeima. Up to the approval of its
constitution by the Saeima, the higher education
institution shall continue to operate in its current status - a
State budget institution. State founded universities and higher
education institutions the constitutions of which have been
approved by the Saeima shall be deemed to be derived
public persons. A college shall ensure the conformity of by-laws
to the requirements specified in the Law on Higher Education
Institutions and by 1 May 2007 shall submit the by-laws thereof
to the Ministry of Education and Science. The Cabinet shall issue
regulations regarding the by-law of the relevant college by 1
September 2007. Until the issuance of such Cabinet regulations,
but not later than until 1 September 2007, the provisions of
Section 9, Paragraph two, Clause 3 of this Law shall not apply to
the relevant college.
[2 March 2006; 15 February 2007; 19 April 2007]
20. The rectors of higher education institutions after
agreement with the representatives of academic staff shall, by 1
February 2006, submit to the Ministry of Education and Science
the list of elected academic staff of the relevant higher
education institution.
[2 March 2006]
21. The criteria specified in Section 3, Paragraph three of
this Law shall come into force on 1 September 2007. Up to 31
August 2007 in Latvia there are the following universities:
Daugavpils University, University of Latvia, Latvia University of
Life Sciences and Technologies, Riga Stradiņš University and Riga
Technical University.
[2 March 2006]
22. Employment contracts which have been entered into with the
academic staff of higher education institutions up to 31 August
2005 shall be in effect until the end of the time period
specified in the relevant employment contract.
[2 March 2006]
23. Section 48 and Section 49, Paragraph three of this Law
shall be repealed after the revocation of mandatory military
service.
[2 March 2006]
24. [19 April 2007]
25. The provision of Section 3, Paragraph one of the Law on
Higher Education Institutions regarding the proportion of persons
with the doctoral degree in higher education institutions shall
come into force on 1 July 2010.
[2 March 2006]
26. The provision included in the third sentence of Section 3,
Paragraph five of this Law shall not apply to higher education
institutions which up to the coming into force of this Law have
been registered in the Register of Higher Education Institutions
and in the names of which (as well as the names of institutes
established by them) is included the word "institūts"
[institute].
[2 March 2006]
27. In accordance with this Law the remuneration determined by
State and local government institutions (monthly salary, bonuses,
gratuities, allowances, etc.) in 2009 shall be determined in
accordance with the Law on Remuneration of Officials and
Employees of State and Local Government Authorities in 2009.
[12 December 2008]
28. Bonuses shall not be paid to the academic staff of higher
education institutions and colleges founded by the State in 2011,
but the material incentive thereof shall be performed and
allowances paid in accordance with the Law on Remuneration of
Officials and Employees of State and Local Government
Authorities.
[23 December 2010]
29. Amendments to Section 3, Paragraph one and Paragraph
three, Clause 2 of this Law providing that in higher education
institutions at least 40 per cent of persons elected to academic
positions shall have doctoral degrees, in academies at least 50
per cent, but in the universities, at least 65 per cent, as well
as amendments to Section 55, Paragraph one, Clause 3 of this Law
determining that not less than five doctors shall take part in
the implementation of the doctoral study programme, of which at
least three are experts in the relevant field approved by the
Latvian Council of Science, shall come into force on 1 September
2013.
[14 July 2011]
30. The provision of Section 3, Paragraph seven of this Law
shall come into force on 1 September 2014. From 1 September 2013,
higher education institutions shall ensure that, during the
preceding five years, the number of foreign visiting professors,
visiting associate professors, visiting docents, visiting
lecturers and visiting assistants in a higher education
institution, employed in an academic position in one of the
higher education institutions of the European Union states,
except for Latvia, shall be at least 3 per cent, calculating from
the number of the academic staff.
[14 July 2011]
31. Amendments regarding the licensing of study programmes and
the accreditation of study fields shall come into force:
1) in respect of study fields for which the corresponding
study programmes of higher education institutions or colleges
fall within the thematic groups specified in Section 3, Paragraph
one, Clauses 1, 2, and 3 of this Law - on 1 September 2012;
2) in respect of study fields for which the corresponding
study programmes of higher education institutions or colleges
fall within the thematic groups specified in Section 3, Paragraph
one, Clauses 4, 5, and 6 of this Law - on 15 November 2012;
3) in respect of study fields for which the corresponding
study programmes of higher education institutions or colleges
fall within the thematic groups specified in Section 3, Paragraph
one, Clauses 7 and 8 of this Law - on 31 December 2012.
[14 July 2011]
32. The authority determined by the Cabinet shall, by 30 June
2013, take a decision to accredit the study field of a higher
education institution or college or a decision to refuse to
accredit the relevant study field of the higher education
institution or college. If a decision is taken on the refusal to
accredit any study field of a higher education institution or
college, the study programmes corresponding to such field, which
have been accredited in accordance with the existing laws and
regulations and the accreditation period of which has not expired
until the day of taking the decision, shall be considered to be
accredited until the expiry of the time period specified in the
accreditation form of the relevant study programme. A decision to
accredit the study field or a decision to refuse to accredit the
relevant study field shall come into force on the day of taking
thereof.
[14 July 2011; 21 February 2013; 9 May 2013]
33. The accreditation period for study programmes which are
accredited until 1 August 2011 shall be extended until the moment
when a decision is taken to accredit the study field of a higher
education institution or college or decision to refuse to
accredit the study field of the relevant higher education
institution or college if the accreditation period of the study
programme has expired in the abovementioned period.
[14 July 2011]
34. [16 June 2016]
35. The provision of Section 78, Paragraph seven of this Law
regarding the action of the Cabinet when submitting the draft
annual State budget to the Saeima shall come into force on
1 June 2013.
[14 July 2011]
36. The provision of Section 87, Paragraph four of this Law
regarding the submission of information to the Academic Staff
Register not later than a week after the changes, entering them
into the Academic Staff Register electronically, shall come into
force on 1 September 2012.
[14 July 2011]
37. In 2012, bonuses shall not be paid to the academic staff
of higher education institutions and colleges founded by the
State, but the material incentive thereof shall be performed and
allowances paid in accordance with the Law on Remuneration of
Officials and Employees of State and Local Government
Authorities.
[15 December 2011]
38. In 2013, severance pay shall be disbursed to the academic
staff of State founded higher education institutions and colleges
in accordance with the Law on Remuneration of Officials and
Employees of State and Local Government Authorities.
[15 November 2012]
39. The Cabinet shall, by 1 November 2016, issue the
regulations referred to in Section 76.1, Paragraph
five of this Law.
[16 June 2016]
40. State higher education institutions which are derived
public persons shall, in accordance with Section 76.1
of this Law, draw up the plan for the development of immovable
property of the State higher education institution by 1 April
2017.
[16 June 2016]
41. The Cabinet shall, not later than by 1 January 2017, make
amendments to Cabinet Regulation No. 788 of 17 August 2010,
Content of the State Education Information System and Procedures
for Maintaining and Updating Thereof, by determining the scope of
the information to be submitted to the Register of Students and
Graduates and the procedures for the submission of information,
and also the amount of the information available for the general
public and the procedures for the publishing thereof, and the
amendments to Cabinet Regulation No. 994 of 12 December 2006,
Procedures for Financing Institutions of Higher Education and
Colleges form the Funds of the State Budget, by determining the
procedures for financing the provision of data of the State
founded higher education institutions and colleges to the
Register of Students and Graduates.
[23 November 2016]
42. If on the basis of solutions developed by the responsible
institutions according to the assignment of the Cabinet until 31
May 2017 with a view to increase and equalise the requirements
for the acquisition of the lawyer qualification the Cabinet takes
the decision to introduce the State exam as a part of the State
examination in law study programmes and determines the procedures
for the course of the State exam in conformity with the
requirements of Section 58, Paragraphs four, five, and six of
this Law by 31 December 2017, then, upon providing the procedures
for financing necessary for the course of such exam, the
provisions of Section 58, Paragraph six, Clause 3 of this Law
need not be applied.
[20 April 2017]
43. The Cabinet shall, by 30 June 2018, issue the regulations
referred to in Section 59.2, Paragraph five and
Section 59.3, Paragraph two of this Law. Until the day
of coming into force of Cabinet Regulation, Cabinet Regulation
No. 36 of 10 January 2012, Regulations Regarding Recognition of
the Study Results Achieved in Previous Education or Professional
Experience, shall be applied.
[16 November 2017]
44. Submissions of persons for the recognition of learning
outcomes which have been submitted by 31 December 2017 on the
basis of Section 59.2, Paragraph five of this Law
shall be examined by taking into account the provisions of
Section 59.2 of this Law which were in force by 31
December 2017.
[16 November 2017]
45. By 31 January 2024, professors in the art sector may also
participate in the implementation of the vocational doctoral
study programme in arts.
[1 February 2018]
46. The Cabinet shall, by 30 November 2018, issue Cabinet
regulations referred to in Section 63.4, Paragraph two
of this Law.
[1 February 2018]
47. The Cabinet shall, by 30 November 2018, make amendments to
Cabinet Regulation No. 202 of 16 April 2013, Procedures for
Issuing State-Recognised Documents Attesting Higher Education,
and to Regulation No. 322 of 13 June 2017, Regulations Regarding
Latvian Education Classification, in conformity with the
amendments to Sections 3 and 59 of this Law which come into force
on 1 April 2018.
[1 February 2018]
48. Study fields which are to be accredited in 2019 shall be
accredited in accordance with the following schedule for the
accreditation of study fields:
1) the academic disciplines "Psychology", "Law", "Economics",
"Information and Communication Sciences" and "Management,
Administration and Management of Real Property" shall be
accredited by 31 December 2021. The time period for accreditation
of the abovementioned academic disciplines shall be extended
until the time when the decision to accredit the academic
discipline or decision to refuse to accredit the academic
discipline is taken, however not later than by 31 December
2021;
2) the academic disciplines "Mechanics and metal processing,
heat power engineering, heat technology and mechanical
engineering", "Power Industry, Electrical Engineering and
Electrical Technologies", "Manufacture and Processing",
"Architecture and Construction", "Agriculture, Forestry, Fishery,
Veterinary Medicine and Food Hygiene", "Health Care" and "Social
Welfare" shall be accredited by 31 December 2022. The time period
for accreditation of the abovementioned academic disciplines
shall be extended until the time when the decision to accredit
the academic discipline or decision to refuse to accredit the
academic discipline is taken, however not later than by 31
December 2022;
3) the academic disciplines "Arts", "Religion and Theology",
"History and Philosophy", "Geography and Earth Sciences",
"Wildlife Sciences", "Chemistry, Chemistry Technologies and
Biotechnology", "Physics, Material Science, Mathematics and
Statistics", and "Information Technology, Computer Hardware,
Electronics, Telecommunications, Computer Management and Computer
Science" shall be accredited by 31 December 2023. The time period
for accreditation of the abovementioned academic disciplines
shall be extended until the time when the decision to accredit
the academic discipline or decision to refuse to accredit the
academic discipline is taken, however not later than by 31
December 2023;
4) the academic disciplines "Education, Pedagogy and Sports",
"Language and Culture Studies, Mother Tongue Studies and Language
Programmes", "Translation", "Sociology, Political Science and
Anthropology", "Hotel and Restaurant Service, Tourism and
Recreation Organisation", "Transport Services", "Environmental
Protection", "Internal Security and Civil Protection" and
"Military Defence" shall be accredited by 31 December 2024. The
time period for accreditation of the abovementioned academic
disciplines shall be extended until the time when the decision to
accredit the academic discipline or decision to refuse to
accredit the academic discipline is taken, however not later than
by 31 December 2024.
[21 June 2018; 24 April 2020; 3 June 2021]
48.1 The study fields of higher education
institutions and colleges which are to be accredited in 2021
shall be accredited in accordance with the following schedule for
the accreditation of study fields:
1) the study field "Legal Science" of sabiedrība ar
ierobežotu atbildību "Biznesa vadības koledža" [limited
liability company "College of Business Administration"] shall be
accredited by 22 February 2022. The time period for accreditation
of the abovementioned study field shall be extended until the
moment when the decision to accredit the study field or decision
to refuse to accredit the study field is taken, but not later
than by 22 February 2022;
2) the study field "Information Technologies, Computer
Hardware, Electronics, Telecommunications, Computer Control, and
Computer Science" of Riga Aeronautical Institute shall be
accredited by 14 May 2022. The time period for accreditation of
the abovementioned study field shall be extended until the moment
when the decision to accredit the study field or decision to
refuse to accredit the study field is taken, but not later than
by 14 May 2022;
3) the study field "History and Philosophy" of the University
of Daugavpils shall be accredited by 14 May 2022. The time period
for accreditation of the abovementioned study field shall be
extended until the moment when the decision to accredit the study
field or decision to refuse to accredit the study field is taken,
but not later than by 14 May 2022;
4) the study field "Arts" of the University of Latvia shall be
accredited by 2 June 2022. The time period for accreditation of
the abovementioned study field shall be extended until the moment
when the decision to accredit the study field or decision to
refuse to accredit the study field is taken, but not later than
by 2 June 2022;
5) the study field "Psychology" of the Riga Stradiņš
University shall be accredited by 2 June 2022. The time period
for accreditation of the abovementioned study field shall be
extended until the moment when the decision to accredit the study
field or decision to refuse to accredit the study field is taken,
but not later than by 2 June 2022;
6) the study field "Environmental Protection" of the
University of Liepāja shall be accredited by 2 June 2022. The
time period for accreditation of the abovementioned study field
shall be extended until the moment when the decision to accredit
the study field or decision to refuse to accredit the study field
is taken, but not later than by 2 June 2022;
7) the study field "Transport Services" of the Liepāja
Maritime College shall be accredited by 18 June 2022. The time
period for accreditation of the abovementioned study field shall
be extended until the moment when the decision to accredit the
study field or decision to refuse to accredit the study field is
taken, but not later than by 18 June 2022.
[22 October 2020; 3 June 2021]
49. Amendments to Section 56, Paragraph three of this Law in
respect of the language of implementation of study programmes
shall come into force on 1 January 2019. Higher education
institutions and colleges the language of implementation of study
programmes of which does not correspond to the provisions of
Section 56, Paragraph three of this Law which was in force until
30 April 2021 have the right to continue implementation of the
commenced study programmes in the relevant language until 31
December 2025. After 1 January 2019, admission of students in
study programmes with the language of implementation which fails
to comply with the provisions of Section 56, Paragraph three of
this Law shall not be allowed. After 1 May 2021, admission of
students in study programmes the language of implementation of
which fails to comply with the provisions of Section 56,
Paragraphs three and four of this Law which come into force on 1
May 2021 shall not be allowed.
[21 June 2018; Judgement of the Constitutional Court of 11
June 2020; 8 April 2021]
50. The Cabinet shall, by 30 March 2020, issue the regulations
referred to in Section 79, Paragraph two and the fourth sentence
of Section 82, Paragraph one of this Law. Until the day of coming
into force of Cabinet regulations, but not later than by 30 March
2020, Cabinet Regulation No. 220 of 29 May 2001, Procedures for
the Allocation, Repayment and Cancellation of a Study Loan and
Student Loan from the Resources of Credit Institutions with the
Government Guarantee, Cabinet Regulation No. 219 of 29 May 2001,
Procedures for the Allocation, Repayment and Cancellation of a
Study Loan from the Resources of the State Budget, and Cabinet
Regulation No 445 of 23 October 2001, Procedures for the
Allocation and Repayment of a Student Loan from the Resources of
the State Budget, shall be applied.
[14 November 2019]
51. Study and student loan agreements concluded on the basis
of the provisions of Sections 79 and 82 of this Law which were in
force until 31 December 2019 shall be valid until the expiry of
the term specified in the relevant study or student loan
agreement.
[14 November 2019]
52. For complete fulfilment of obligations of study and
student loan agreements concluded until 31 December 2019, Cabinet
Regulation No. 220 of 29 May 2001, Procedures for the Allocation,
Repayment and Cancellation of a Study Loan and Student Loan from
the Resources of Credit Institutions with the Government
Guarantee, Cabinet Regulation No. 219 of 29 May 2001, Procedures
for the Allocation, Repayment and Cancellation of a Study Loan
from the Resources of the State Budget, and Cabinet Regulation No
445 of 23 October 2001, Procedures for the Allocation and
Repayment of a Student Loan from the Resources of the State
Budget, shall be applied.
[14 November 2019]
53. Higher education institutions shall determine the
following procedures by 31 March 2021:
1) the procedures under which a rector examines results of the
election of a professor or an associate professor and the
evaluation submitted by the council of professors in the field,
and takes a decision to establish employment relationship;
2) the procedures for continuing employment relationship with
a professor or an associate professor, specifying the duration of
a consecutive employment contract and the criteria for the
conclusion thereof;
3) the procedures for terminating employment relationship with
a professor or an associate professor if the evaluation is
unsatisfactory and the scientific and teaching qualifications of
the professor or the associate professor do not conform to the
requirements of the Cabinet.
[5 November 2020]
54. The Cabinet shall, by 31 December 2020, issue the
regulations referred to in Section 34, Paragraph five of this
Law.
[5 November 2020]
55. If an employment contract with a professor or an associate
professor has been entered into before 31 December 2020 and the
time period thereof expires during the period from 1 January to
30 June 2021, the council of professors in the field shall, in
accordance with the provisions of Section 34 of this Law,
evaluate the scientific and teaching qualifications or the
results of the artistic creation work of the professor or the
associate professor and submit the evaluation to the rector
before expiry of the time period of the relevant employment
contract.
[5 November 2020]
56. Amendments to Section 58 of this Law which provide for the
use of languages when taking vocational qualification
examinations, and also developing and defending the papers and
theses necessary for obtaining a bachelor's, master's, or
doctoral degree shall come into force concurrently with the
amendments to Section 9 of the Education Law regarding the
deletion of Paragraphs four and five of that Section.
[8 April 2021]
57. The requirement for a study programme to have received a
good or excellent evaluation laid down in Section 56, Paragraph
four, Clause 2 of this Law shall not be applicable to the study
fields specified in Paragraph 48, Sub-paragraphs 1 and 2 and
Paragraph 48.1 of these Transitional Provisions until
accreditation thereof within the time periods specified in those
Paragraphs, and also after accreditation of the respective study
fields - during the time period which corresponds to the time
period specified in the relevant accreditation decision. After 1
May 2021, higher education institutions and colleges shall
continue implementation of the study programmes which correspond
to the study fields accredited until 30 April 2021 and licensed
study programmes in the official languages of the European Union
but not later than until the time period specified in the
accreditation decision.
[8 April 2021]
58. After 1 May 2021, higher education institutions and
colleges shall continue implementation of such study fields and
licensed study programmes in the official languages of the
European Union which are indicated in Paragraph 48,
Sub-paragraphs 3 and 4 of these Transitional Provisions until the
time period specified in the accreditation decision.
[8 April 2021]
59. The Cabinet shall, by 30 December 2021, make amendments to
the Cabinet Regulation No. 793 of 11 December 2018, Regulations
Regarding Opening and Accreditation of Study Fields, stipulating
that higher education institutions and colleges have the right to
submit for re-evaluation a study programme which has received an
average evaluation before the time period for accreditation
specified in the decision by the Higher Education Quality
Commission if it is six years long.
[8 April 2021]
60. The social scholarship referred to in Section 52,
Paragraph 3.1 of this Law shall be awarded to students
from 1 September 2021.
[16 June 2021]
Informative
Reference to European Union Directives
[14 July 2011; 5 November
2020]
The Law contains legal norms arising from:
1) Council Directive 2003/109/EC of 25 November 2003
concerning the status of third-country nationals who are
long-term residents;
2) Directive 2004/38/EC of the European Parliament and of the
Council of 29 April 2004 on the right of citizens of the Union
and their family members to move and reside freely within the
territory of the Member States amending Regulation (EEC) No
1612/68 and repealing Directives 64/221/EEC, 68/360/EEC,
72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC,
90/365/EEC and 93/96/EEC. Text with EEA relevance;
3) Council Directive 2004/114/EC of 13 December 2004 on the
conditions of admission of third-country nationals for the
purposes of studies, pupil exchange, unremunerated training or
voluntary service;
4) Council Directive 1999/70/EC of 28 June 1999 concerning the
framework agreement on fixed-term work concluded by ETUC, UNICE
and CEEP.
The Law has been adopted by the Saeima on 2 November
1995.
President G. Ulmanis
Rīga, 17 November 1995
1 The Parliament of the Republic of
Latvia
Translation © 2021 Valsts valodas centrs (State
Language Centre)