REPUBLIC OF LITHUANIA LAW ON HIGHER EDUCATION AND RESEARCH 30 April 2009 No XI-242 Vilnius (As last amended on 24 April 2012  –  No XI-1987) The mission of higher education and research is to help ensure the country’s public, cultural and economic prosperity, provide support and impetus for a full life of every citizen of the Republic of Lithuania, and satisfy the natural thirst for knowledge. The Lithuanian policy on higher education and research guarantees the quality of higher education and research, equal access to higher education for all citizens and favourable conditions for the best of them to conduct their research, and to seek academic and creative development; the said policy ensures that the system of higher education and research satisfies the needs of society and the economy, supports its openness and integration into the international area of higher education and research. A cohesive system of higher education and research is the foundation for the development of the knowledge society, the strengthening of the knowledge-based economy and the sustainable development of the country, a dynamic and competitive life of the national economy, and social and economic well-being; such a system cultivates a creative, educated, dignified, morally responsible, public-spirited, independent and entrepreneurial personality, fosters the civilizational identity of Lithuania, supports, develops and creates national and global cultural traditions. CHAPTER I GENERAL PROVISIONS Article 1. Purpose of the Law This Law shall establish: 1) state regulation of higher education and research; 2) principles of quality assurance in higher education and research; 3) legal basis of establishment, termination and restructuring of higher education and research institutions; 4) awarding and recognition of higher education qualifications and scientific degrees; 5) management of higher education and research institutions, organization and supervision of their activities; 6) rights and duties of the academic staff, research staff and students of higher education and research institutions; 7) funding of higher education and research; 8) principles of management, use and disposal of the assets of state higher education institutions. Article 2. Exceptions to the application of the Law 1. The provisions of this Law shall apply to the General Jonas Žemaitis Military Academy of Lithuania in so far as they are not in contradiction of the laws on the organization of the national defence system and military service. 2. The provisions of this Law shall apply to seminaries in so far as they are not in contradiction of the provisions of the Agreement between the Holy See and the Republic of Lithuania on Cooperation in Education and Culture. Article 3.  Principles of higher education and research 1. Research shall be based on the following principles: 1) freedom of creation and research; 2) academic ethics; 3) priority for Lithuanian studies; 4) publicity of research results; 5) integration into the life of the State and society; 6) orientation towards international quality standards; 7) fair competition; 8) ensuring of intellectual property rights; 9) participation in the international and European research area; 2. Higher education shall be based on the following principles: 1) academic freedom and autonomy; 2) openness and responsibility to the public; 3) cooperation of members of the academic community; 4) personal interest of students; 5) undertaking to develop public responsibility of members of the academic community; 6) fair competition of higher education institutions and students; 7) priority for Lithuanian studies; 8) European humanistic and democratic tradition; 9) compatibility with the provisions of the European higher education area; 10) striving for continuous learning; 11) integration in the life of the State and society. 3. The State shall give a strategic priority to Lithuanian studies which fulfil the essential tasks of preserving, enhancing and developing national identity.  Higher education and research institutions, to the extent they participate in implementation of this priority, shall be regarded as carrying out activities of strategic importance. Article 4.  Definitions 1. Graduate means a person who has completed a study programme and has been granted a diploma attesting to a qualification of higher education. 2. College higher education means education attained in higher education institutions of Lithuania after completion of programmes of college studies pursuant to which a higher education qualification is awarded, or education attained in foreign higher education and research institutions, and recognised as being of an equivalent level in accordance with the procedure laid down by legal acts.   3. University higher education means education attained in higher education institutions of Lithuania after completion of programmes of university studies or doctoral studies pursuant to which a higher education qualification is awarded, or education attained in foreign higher education and research institutions, and recognised as being of an equivalent level in accordance with the procedure laid down by legal acts.   4. Accreditation of a higher education institution or a study programme means evaluation of conformity of a higher education institution or a study programme with requirements of legal acts. 5. Diploma of higher education means a document certifying a qualification of higher education acquired by a person. 6. Qualification of higher education means a qualification degree (professional bachelor’s, bachelor’s, master’s), the doctor of science degree, the doctor of arts degree as well as a qualification which is awarded by a higher education institution in accordance with the procedure laid down by legal acts. 7. Teacher means a person who educates and teaches students and unclassified students in a higher education institution. 8. Experimental (social, cultural) development means a systematic activity based on the knowledge acquired through research and practical experience, the aim of which is to create new materials, products and equipment, develop new processes, systems and services or to essentially improve those already created or developed; also to create, develop or to essentially improve solutions of problems faced by man, culture and society, based on the knowledge acquired through research and practical experience. 9. Fundamental research means experimental and/or theoretical operations which are carried out primarily to acquire new knowledge about the essence of phenomena and/or observed reality without aiming, at the time of research, to use the obtained results for a specific purpose. 10. Unclassified student means a person who studies according to non-formal education programmes or separate study subjects (their sets). 11. Research and experimental (social, cultural) development means a systematic creative activity of the study of nature, man, culture and society, and the use of the results of such activity. 12. Scientist means a researcher who has a scientific degree. 13. Research institute means an establishment the main activity of which is research and experimental (social, cultural) development. 14. Higher education and research institutions means legal persons the main activity of which is carrying-out of studies and activities related to studies, and/or research and experimental (social, cultural) development. 15. Staff of higher education and research institutions means teaching staff, research staff, other researchers, the administration and other employees. 16. Communication of research (art) to the public means making research, artistic creation known to the public. 17. Established artist means a creator or a performer of artistic works whose creative activities are defined by works which are especially significant for art and culture and have been implemented in Lithuania or/and abroad, have gained a wide recognition of the public and art specialists, have been acknowledged with prestigious international or national prizes and other high awards, or/and who has educated distinguished artists and meets the requirements set by a higher education institution in which he seeks to hold or already holds a position. 18. Residency means studies according to study programmes upon completion of which a degree is not awarded; such studies are intended for persons who have acquired university higher education to prepare for independent practical activity in the manner prescribed by legal acts.   19. Student means a person who studies in a higher education institution according to a study programme or in doctoral studies. 20. Studies means studying of a person, who has completed at least his secondary education, in a higher education institution according to a certain study programme or when preparing a dissertation. 21. Study credit means a unit of the scope of studies, by which study results and student’s working time are measured. 1600 hours of one academic year shall equal to 60 credits. 22. Study field means a set of study programmes the title of which is entered in a higher education diploma along with the title of a qualification degree. 23. Study programme means a totality of the content, methods and material facilities of studies of a certain study field, the academic and professional staff as well as the description of the said totality. 24. Study area means humanities, social, physical, biomedical, technological sciences and arts. 25. Activities related to studies means announcement of admission to study, consultation about studies, conclusion of contracts concerning studies and other activities necessary to carry out and/or organize studies, as well as issuing of diplomas, the diploma supplement (addendum), certificates attesting to a higher education qualification. 26. Applied research means the experimental and/or theoretical operations carried out for acquiring new knowledge and primarily aimed at attaining specific practical objectives or at solving tasks. 27. Researcher means a person having higher education, who develops knowledge, conceptualizes or creates new products, processes, methods and systems or directs projects of research and experimental (social, cultural) development. CHAPTER II HIGHER EDUCATION AND RESEARCH INSTITUTIONS Article 5.  Groups of higher education and research institutions There are two groups of higher education and research institutions: higher education institutions and research institutes. Article 6.  Types of higher education institutions and foundations of their activities 1. There are two types of higher education institutions: universities and colleges. 2. Higher education institutions may be state and non-state. 3. A higher education institution shall organize and carry out studies, award higher education qualifications set in this Law, conduct research, pursue experimental (social, cultural) development and/or artistic activity, apply results of the research and experimental (social, cultural) development, accumulate scientific knowledge, develop creative activity and culture, foster values and traditions of the academic community.  4. A state higher education institution shall be a public legal person functioning as a public establishment, possessing the autonomy guaranteed by the Constitution of the Republic of Lithuania, and the special status defined by this and other laws. A non-state higher education institution shall be a public legal person functioning as a public establishment or a private legal person. Article 7. Autonomy and accountability of higher education institutions 1. A higher education institution shall enjoy autonomy which covers academic, administrative, economic and financial management activities, and is based on the principle of self-governance and academic freedom. Pursuant to the procedure laid down by the Constitution of the Republic of Lithuania, this Law and other laws the autonomy of a higher education institution shall be harmonized with accountability to the public, founders and members of the legal person. 2. A higher education institution shall have the right to: 1) choose fields and forms of study and the development of a personality, research and experimental (social, cultural) development, professional artistic activity, communication of cultural and scientific knowledge to the public; 2) define a procedure of studies; 3) fix a tuition fee in accordance with the procedure laid down by this Law; 4) prepare and approve study programmes which meet the requirements laid down by legal acts; 5) provide other educational, qualification improvement, expert services; 6) publish study, scientific and other literature; 7) establish its own structure, internal working arrangements, the number of staff, their rights, duties and conditions of payment for work, position requirements, the procedure of organization of  competitions to fill positions and of performance evaluation of employees, adhering to laws and other legal acts; 8) admit and exclude students in accordance with the procedure laid down by its statute; 9) award students scholarships from its own or sponsors’ funds; 10) set forms of cooperation with natural and legal persons of the Republic of Lithuania and foreign countries; 11) manage, use and dispose of assets in the manner prescribed by this Law and other legal acts; 12) pursue economic and commercial activities which are not prohibited by laws and which are inseparably connected with the objectives of activities thereof; 13) exercise other rights laid down by legal acts. 3. A higher education institution must: 1) ensure academic freedom of members of the academic community; 2) inform the founders, members of the legal person and the public about quality assurance measures in studies and research activities, the use of funds appropriated by the State, and in case of state higher education institutions – also about their financial, economic and research activities; the results of external quality evaluation and accreditation of their study programmes; 3) furnish in due time official information to institutions authorised by the Government (statistical data and relevant information) which is necessary for the management and monitoring of the higher education and research system;            4) provide career consultations to students; 5) perform other obligations established by legal acts. 4. Accountability of a higher education institution shall also be carried out through the supervision comprising the monitoring of access to and quality of education and research, provision of consultation to higher education institutions, institutions implementing higher education and research policy, carrying-out of preventive measures, evaluation and accreditation of higher education institutions, application of sanctions, promotion of improvement of educational and research activity quality as well as other measures provided for by laws. The Ministry of Education and Science as well as other institutions and establishments authorised by laws and other legal acts shall exercise supervision of activities of state higher education institutions in accordance with the procedure laid down by the Government. Article 8.  University 1. The university shall carry out university studies, conduct research, experimental (social, cultural) development and/or develop high-level professional art.  The name of a higher education institution must contain a word ‘’university’’ or ‘’academy’’, or ‘’seminary’’. 2. Objectives of the university: 1) to carry out studies which provide a person with university higher education based on research and corresponding to the modern level of knowledge and technologies, a higher education qualification, develop a thoroughly educated, ethically responsible, creative and entrepreneurial person; 2) to harmoniously develop scientific cognition of various fields, to conduct high-level research and experimental (social, cultural) development, to train scientists, to cooperate with national and foreign partners in the field of research; 3) when cooperating with public and economic partners, to promote the development of regions and the whole country through research, educational, artistic and other cultural activities; 4) to develop a society receptive to education, sciences, arts and culture, which is able to effectively make use of science and compete in the market of high technologies, products and services. 3. More than half of the teaching staff of a university must be scientists and/or established artists. Article 9. College 1. The college shall carry out college studies, develop applied research and/or professional art. The name of a higher education institution which carries out such activities must contain a word ‘’college’’ or ‘’higher education institution’’. 2. Objectives of the college: 1) to carry out studies which provide a person with college higher education and a higher education qualification and which satisfy the needs of the State, society and the economy of Lithuania, and conform to the level of science and latest technologies; 2) to develop applied research necessary for the region, to provide consultation to local government and economic entities; 3) to create conditions for persons to improve their acquired knowledge and skills; 4) to develop a society receptive to education and culture, which is able to work under the conditions of rapid technology change. 3. More than half of the teaching staff of a college must have at least three-year practical work experience in the sphere of the subject they teach. The qualification in the taught subject must be improved in accordance with the procedure laid down by the college. Subjects which must be taught at colleges by the teachers with a scientific degree shall be determined by the profile of a study field, of a set of study fields or of a study area. Article 10. Research institute 1. A research institute may be state or non-state. 2. A state research institute shall conduct long-term research and experimental (social, cultural) development, important for the State, the public or the economic entities, in the area defined by the founder (members of the legal person). 3. Objectives of a state research institute: 1) to conduct long-term research and experimental (social, cultural) development in a certain area (areas), important for the continuity and development of the national economy, culture, healthcare and society; 2) to cooperate with representatives of business, the government and the public, to carry out commissioned works of research and experimental (social, cultural) development, to render methodological and other assistance; 3) to communicate scientific knowledge to the public, to apply it in culture, education, healthcare as well as social and economic activities, to contribute to the establishment of the economy based on innovations and knowledge, and the development of a society receptive to knowledge. 4. State research institutes whose purpose is to gather, systematize, preserve, communicate intangible and document heritage of Lithuanian studies to the public, to conduct fundamental research of the heritage of the Lithuanian language, ethnology, writings, culture and history shall have a status of especial national importance. This status shall be implemented by the Government through approving their statutes and adopting other legal acts. 5. A state research institute shall be a public legal person that functions as a budgetary or public establishment. A non-state research institute may be a public legal person functioning as a public establishment or a private legal person. A state research institute functioning as a budgetary establishment may be restructured into a public establishment. 6. The procedure of payment for work to the administration and other employees, the research staff and other researchers of state research institutes functioning as budgetary establishments shall be laid down by the Government. Article 11.  Rights and duties of a research institute 1. A research institute shall have the right: 1) in compliance with laws and other legal acts, to determine its own structure, internal working arrangements, the number of staff, their rights and duties, and conditions of payment for work, position requirements, the procedure for organising competitions to fill positions and for the performance evaluation of employees; 2) when fulfilling its mission, to cooperate with natural and legal persons of the Republic of Lithuania and foreign countries; 3) to publish scientific and other literature, to choose ways to announce the results of its research and experimental (social, cultural) development; 4) in conjunction with universities and in accordance with the procedure laid down by this Law, to train scientists, to help in training specialists; 5) to promote the use of the results of research and experimental (social, cultural) development in the fields of economy, social and cultural life; 6) under contracts with natural and legal persons of the Republic of Lithuania and foreign countries, to carry out expert examinations, to provide scientific consultations and other services in the spheres of its research; 7) to manage, use and dispose of assets in accordance with the procedure laid down by legal acts; 8) to acquire other rights in accordance with the procedure laid down by legal acts. 2. A research institute must: 1) ensure academic freedom of members of the academic community; 2) inform the founder (members of the legal person) and the public about quality assurance measures in research activity, the use of funds appropriated by the State, and in case of a state research institute – also inform about its financial, economic activities; 3) furnish in due time official information to institutions authorised by the Government (statistical data and relevant information) which is necessary for the management and monitoring of the higher education and research system; 4) perform other obligations established by legal acts. 3. The provisions of Article 82 of this Law shall apply mutatis mutandis to the rights of a research institute and its staff to the results of their intellectual activities.  CHAPTER III MANAGEMENT OF HIGHER EDUCATION AND RESEARCH SECTION ONE FORMATION AND IMPLEMENTATION OF THE HIGHER EDUCATION AND RESEARCH POLICY Article 12. Institutions forming and implementing higher education and research policy 1. National higher education and research shall be formed by the Seimas. 2. The national higher education and research policy shall, within the competence defined by this Law, other laws and legal acts, be implemented by the Government, the Ministry of Education and Science, other ministries, the Research Council of Lithuania, the State Studies Foundation, the Centre for Quality Assessment in Higher Education, the supervisor of academic ethics and procedures, institutions authorised by the Government and the Ministry of Education and Science, as well as other institutions. 3. The Council of Higher Education shall be an expert body on issues of higher education development. The Council of Higher Education shall be set up and function according to the regulations approved by the Government. 4. The Agency for Science, Innovation and Technology shall coordinate the participation of Lithuanian establishments, enterprises, organizations and persons in international research programmes and projects, implement a policy of research and experimental (social, cultural) development necessary for the development of innovations, the emergence of new technologies, carry out coordination of the implementation, administering, evaluation and funding of related programmes and measures, as well as perform other functions defined by the Government or an institution authorised by it. The Agency for Science, Innovation and Technology shall be a budgetary institution. It shall be founded by the Government or an institution authorised by it. Article 13. Research Council of Lithuania 1. The Research Council of Lithuania shall be a state budgetary establishment. The Seimas shall, on the recommendation of the Government, set up the said Council, approve its regulations and members proposed by the Government. The Research Council of Lithuania shall be accountable to the Seimas and the Government. The Chairman of the Research Council of Lithuania shall be a single-person management body of the Research Council of Lithuania. 2. The Research Council of Lithuania shall be an advisor to the Seimas and the Government on the issues pertaining to research and preparation of researchers. The Research Council of Lithuania shall participate in the implementation of research, experimental (social, cultural) development and other programmes, competition-based programme funding of research, experimental (social, cultural) development works and shall organise evaluation of research activities carried out in Lithuania. 3. The Research Council of Lithuania shall consist of the Board of the Research Council of Lithuania, the Research Foundation and two expert Committees: the Committee of Humanities and Social Sciences and the Committee of Natural and Technical Sciences. These Committees shall be set up in accordance with the procedure laid down in the regulations of the Research Council of Lithuania. Article 14.  State Studies Foundation 1. The State Studies Foundation shall be a state budgetary establishment. This Foundation shall be set up and its regulations and the Board shall be approved by the Government. The Director of the State Studies Foundation shall be a single-person management body of the State Studies Foundation. 2. The State Studies Foundation shall, in accordance with the procedure laid down by the Government, administrate state loans and support student loans supported by the State, scholarships to students of the third cycle of studies, as well as any other financial assistance to students.  Article 15.  Science and technology parks 1. A science and technology park shall be a legal person whose main function shall be to stimulate processes of scientific knowledge communication and technology dissemination, to create conditions for commercializing research results, to foster relations between science and business, and to promote a culture of innovations.  Science and technology parks shall create favourable conditions for establishment of enterprises which will carry out applied research and experimental (social, cultural) development works, and implement innovations. 2. Science and technology parks shall be established, operate, be restructured, and cease to exist in accordance with the procedure laid down by the Civil Code and other legal acts. One of the members of science and technology parks must be a higher education and research institution 3. In the cases where a science and technology park is a public legal person whose purpose is to satisfy public needs and whose members are state higher education institutions and/or state or municipal institutions, the science and technology park may receive state funds or respectively municipal funds (including budget appropriations). 4. Science and technology parks may carry out programmes approved by state institutions. Relations and commitments between a science and technology park and enterprises supported by it shall be defined in contracts. Article 16.  Integrated science, studies and business centres (valleys) 1. Integrated science, studies and business centres (valleys) shall be established to concentrate the business potential open to research, studies and knowledge.  Integrated science, studies and business centres (valleys) must have a common or related infrastructure and purposefully contribute to the creation of the knowledge society and the knowledge economy, strengthening of competitive ability of Lithuania. 2. The conception and programmes of the establishment and development of integrated science, studies and business centres (valleys) shall be approved by the Government. 3. The development of integrated science, studies and business centres (valleys), the creation and implementation of their programmes shall be coordinated, a supervisory council shall be set up and its functions shall be approved by an institution authorised by the Government. Article 17.  Centre for Quality Assessment in Higher Education 1. The Centre for Quality Assessment in Higher Education shall be a state budgetary establishment. This Centre shall be established and its regulations shall be approved by the Ministry of Education and Science. The main objectives of the Centre for Quality Assessment in Higher Education shall be as follows: 1) to promote the quality of activities of higher education institutions through an external assessment and accreditation of institutions and study programmes; 2) to create favourable conditions for the free movement of persons when organising and carrying out the assessment and/or recognition in Lithuania of higher education-related qualifications awarded in foreign institutions and fulfilling other functions set by the Government. 2. A collegial body of management of the Centre for Quality Assessment in Higher Education shall be the Council of the Centre for Quality Assessment in Higher Education, which consists of 11 members.  They shall be appointed for the term of six years by: the Seimas, on the recommendation of the Committee on Education, Science and Culture, the Government, the Minister of Education and Science, the Research Council of Lithuania together with the Lithuanian Academy of Sciences, the senates of universities, the academic councils of colleges, unions of student representations of higher education institutions of Lithuania, the Lithuanian Council of Culture and Art, the Lithuanian Confederation of Industrialists, the Lithuanian Chamber of Commerce, Industry and Crafts, the Knowledge Economy Forum.   The composition of the Council of the Centre for Quality Assessment in Higher Education shall be announced by the Minister of Education and Science. The Council of the Centre for Quality Assessment in Higher Education shall draw up and approve its own rules of procedure. 3. External assessment of the Centre for Quality Assessment in Higher Education shall be carried out at least every five years.  Assessment results shall be made public. 4. The Centre for Quality Assessment in Higher Education shall each year announce publicly generalizations of quality assessment in higher education. 5. The Director of the Centre for Quality Assessment in Higher Education shall be a single-person management body of the Centre. The Director shall be elected though open competition for a five-year term of office, appointed and dismissed by the Council of the Centre for Quality Assessment in Higher Education. The same person may be elected Director for only two consecutive terms of office. 6. The Centre for Quality Assessment in Higher Education may be a member of international non-profit organizations which operate in the fields related to the activities of the Centre for Quality Assessment in Higher Education. Article 18.  Supervisor of academic ethics and procedures 1. The Supervisor of academic ethics and procedures (hereinafter referred to as the ‘’supervisor’’) shall be a state officer who examines complains and initiates investigation regarding the violation of academic ethics and procedures. 2. The Seimas shall appoint Supervisor for the term of five years on the recommendation of the Research Council of Lithuania.  The same person may be appointed to the office of the Supervisor only for two consecutive terms of office. The appointed Supervisor shall hold his office only until a new Supervisor is appointed. 3. The mandate of the Supervisor shall expire: 1) upon the expiry of his powers; 2) on his resignation; 3) on his death. 4) if he is off work by reason of a temporary incapacity for more than 120 calendar days in succession or for more than 140 days in the last twelve months, unless laws allow for a longer period of incapacity for work by reason of a certain illness, or if a medical or disability commission declares him as being incapable of performing his duties; 5) a judgement of conviction comes into effect for him; 6) more than half of the Seimas members express non-confidence in him. 4. In the case stipulated in subparagraph 4 of paragraph 3 of this Article, the Seimas shall take a decision concerning the termination of the powers of the Supervisor only after receiving a conclusion of the commission of doctors set up by the Minister of Health. 5. In the cases stipulated in subparagraphs 1 and 2 of paragraph 3 of this Article, the Supervisor shall continue holding office until the appointment of a new Supervisor. 6. A person of good repute, having an academic research degree and experience in management shall be appointed to the office of Supervisor. 7. The Supervisor may not hold any other elected or appointed office in state and municipal institutions, establishments, enterprises and organizations. The Supervisor may receive no other remuneration, except the remuneration for creative activities.  8. The Supervisor shall act in compliance with the Constitution, this Law and other laws of the Republic of Lithuania, international treaties and other legal acts of the Republic of Lithuania. 9. Activities of the Supervisor shall be based on the principles of legitimacy, impartiality, justice and publicity. 10. A complaint submitted to the Supervisor must indicate: 1) the complainant's forename and surname (or the name of the legal person) and the address; 2) data about the violation of academic ethics and/or procedures. 11. The Supervisor shall examine a submitted complaint and take a decision not later than within 30 days. Due to the complexity of circumstances indicated in the complaint or because additional information must be obtained during the complaint examination, the time limit for examining the complaint and taking a decision may be extended for up to three months from the date of receipt of the complaint. 12. Upon having examined the complaint or completed the investigation, the Supervisor shall take a decision: 1) to inform higher education and research institutions and the Ministry of Education and Science about the persons who have violated the academic ethics and procedures; 2) to obligate the institution, which has awarded a scientific degree and/or held the competition to fill a position, to revoke the decision on the awarding of the scientific degree and/or on the winner of the competition; 3) to recommend higher education and research institutions to revoke a decision taken on the basis of the documents regulating the academic ethics and procedures; 4) to recommend to an employee to refuse participating in an ongoing project of research and experimental (social, cultural) development; 5) to inform an institution responsible for a specific sphere about the persons (authors) who have suffered from violations of the academic ethics; 6) to notify law-enforcement institutions if the evidence of a criminal offence has been established; 7) to appeal to the court if the obligation of the Supervisor is not fulfilled; 8) to make public the cases about the violation of academic ethics and procedures; 9) to recognise the complaint as unjustified; 13. The Supervisor must reply to the applicant in writing. 14. Activities of the Supervisor shall be ensured by the Office of the Supervisor of Academic Ethics and Procedures (hereinafter referred to as the ‘’Office’’). The Office shall be a state budgetary body. The Office shall be headed by the Supervisor. The Regulations of the Office shall be approved by the Seimas. 15. The Supervisor shall have the right to obtain free of charge from establishments, enterprises, organisations and members of the academic community the information required for the performance of the functions of the Office. 16. The Supervisor shall, once a year before 1 March, account to the Seimas for his own and the Office’s activities. 17. The amount of remuneration and conditions of payment thereof shall be set by the Law on the Remuneration of State Politicians and State Officials. SECTION TWO MANAGEMENT OF HIGHER EDUCATION INSTITUTIONS Article 19. Bodies of higher education institutions 1. A state university must have the collegial management bodies – the council and the senate, as well as a single-person management body – the rector. 2. A state college must have the collegial management bodies – the council and the academic council, as well as a single-person management body – the director. 3. The statute of a higher education institution may provide for other collegial or single-person bodies to perform the functions which are not assigned by this Law to the exceptional competence of the management bodies of the higher education institution. The composition of such bodies, their competence, the procedure of their setting-up and annulment shall be laid down in the statute of the higher education institution. 4. Management of non-state higher education institutions shall be regulated by the founding documents of the higher education institution concerned. Article 20. Council of a state higher education institution 1. A management body of a higher education institution shall be the council. 2. The council of a higher education institution shall perform the following functions: 1) upon evaluating the proposals of the senate (academic council), approve the higher education institution's vision and mission; 2) upon evaluating the proposals of the senate (academic council), submit amendments of the university statute to the Seimas (amendments of the college statute – or to the Government) for approval; 3) upon evaluating the proposals of the senate (academic council), approve a strategic action plan of the higher education institution presented by the rector (director); 4) consider and approve plans for reorganization of the structure of the higher education institution presented by the rector (director); 5) upon evaluating the proposals of the senate (academic council), set the procedure of management, use and disposal of funds of the higher education institution (as well as funds designated for remuneration of the administration staff and other employees of the institution) and the assets managed by the right of ownership; 6) upon evaluating the proposals of the senate (academic council), approve the procedure for organizing the election of the rector (director) of the higher education institution through open competition; 7) elect, appoint to the office and dismiss from it the rector (director); 8) set principles for selection and assessment of the administration staff and other employees of the higher education institution; 9) approve the internal rules of the higher education institution; 10) on the recommendation of the rector (director) set a tuition fee and the rates of fees which are not directly related to the implementation of a study programme; 11) upon evaluating the proposals of the senate (academic council), set the general number of student places, taking into account the possibilities of quality assurance in studies and research, artistic activities; 12) consider an annual statement of revenue and expenditure of the higher education institution presented by the rector (director) and approve a report on the execution of this statement; 13) approve an annual report on the activities of the higher education institution presented by the rector (director); 14) upon evaluating the proposals of the senate (academic council), approve plans for reorganization or liquidation of the higher education institution and submit them to the Seimas (the Government); 15) prepare an annual report on its activities and announce it publicly on the website of the higher education institution prior to 1 April of each year; 16) perform the functions prescribed in the statute of the higher education institution and other legal acts. 3. The Council shall consist of 9 or 11 members. The statute of the higher education institution shall fix an exact number of the council members. One member of the council shall be appointed by the representation of students in accordance with the procedure laid down by it, and in the absence of such – by a general meeting (conference) of students; other members of the academic community shall, in accordance with the procedure laid down by the higher education institution, appoint respectively not more than four or five members. two members or, if the council consists of 11 members, three members shall be appointed by the teaching staff and the research staff; four or five members respectively, who do not belong to the staff and students of the higher education institution, shall be selected, appointed and recalled in accordance with the procedure laid down by the senate (academic council), with one member from them being selected, appointed and recalled in accordance with the procedure laid down by the representation of students. These four or five members shall be selected through open competition and appointed upon the evaluation of the assessment of the candidates, carried out by the Council of Higher Education. 4. A person may be a member of the council if he is of good repute, held or holds a position of responsibility in the sphere of education, sciences and humanities, culture, public activity or business (this requirement shall not apply to a representative of students) and has knowledge and competence enabling him to pursue the objectives of the higher education institution and to fulfil the mission of the higher education institution. The same person may serve on the council only for two consecutive terms of the council. 5. The President of the Republic, members of the Seimas and the Government as well as civil servants of political (personal) confidence may not be members of the council. 6. The term of office of a member of the council shall be five years. Not later than a month before the expiry of the term of office of a council member the chairman of the senate (academic council) shall announce the composition of a newly-formed council. 7. When commencing the duties of his office, a member of the council shall, at a meeting of the council in the manner prescribed by the statute of the higher education institution, sign a commitment to abide by the interests of the higher education institution and the public and to in good faith fulfil the functions set out by this Law.  8. The council shall elect the chairman of the council from among its members and recall him from office by the majority of votes cast by all members of the council. A person belonging to the staff of the higher education institution or a student may not be chairman of the council. 9. The council shall approve its rules of procedure. The council shall take decisions by a simple majority of votes cast by the council members attending the meeting. A meeting of the council shall be valid if it is attended by at least two thirds of the members of the council. The council shall publicly announce its decisions on the website of the higher education institution. 10. The rector (director) of the higher education institution may attend meetings of council in an advisory capacity. 11. If a member of the council fails to properly perform the duties set out by the statute of the higher education institution, the rules of procedure of the council or the commitment referred to in paragraph 7 of this Article or fails to sign the commitment referred to in paragraph 7 of this Article, the chairman of the council shall have the right to address the person who has appointed the said member with a request to recall the appointed member of the council. 12. If the powers of the member of the council have terminated before the expiry of his term of office, a new member of the council shall be appointed in accordance with the procedure laid down in paragraph 3 of this Article by the person who appointed the member of the council whose powers have terminated. A new member of the council shall commence his duties after the chairman of the senate (academic council) of the higher education institution announces his appointment and the member of the council signs a commitment specified in paragraph 7 of this Article.  13. Members of the council may be remunerated for the activities during the tenure with the funds of the higher education institution. The procedure for paying payments shall be laid down in the statute of the higher education institution. 14. The rector (director) shall ensure organisational conditions necessary for the activities of the council. Article 21. Senate (academic council) of a state higher education institution 1. The senate (academic council) of a state higher education institution shall be the body management body of the higher education institution. 2. The senate (academic council) of a higher education institution shall execute the following functions: 1) lay down the procedure of studies; 2) approve programmes of studies, research and experimental (social, cultural) development, art programmes, and present proposals to the rector regarding the funding of these programmes and reorganization of the university structure which is necessary for the implementation of those programmes, evaluate the results of conducted research as well as the quality and level of all research and artistic activities of the university; 3) approve at colleges programmes of studies and submit proposals to the director regarding the funding of these programmes and the reorganization of the structure of the college which is necessary for the implementation of the said programmers, evaluate the results of conducted research as well as the quality and level of applied research and artistic activities of the college; 4) approve the internal system of quality assurance in studies and control its implementation; 5) approve qualification requirements for positions of teaching and research staff members, lay down the procedure of performance evaluation of research and teaching staff members as well as the procedure of organization of a competition to fill a position; 6) in accordance with the procedure laid down by the statute of the higher education institution, convene meetings (conferences) of the academic community of the higher education institution to discuss important issues concerning activities of the higher education institution; 7) in accordance with the procedure laid down by the statute of the in compliance with the established principles of selection and evaluation of university employees, bestow the honorary degrees and other titles; 8) consider and submit proposals to the council regarding the vision and mission, strategic action plan of the higher education institution; 9) consider and submit proposals to the council regarding amendments of the statute of the higher education institution; 10) consider and submit proposals to the council regarding the suitability of the candidates to occupy the position of rector (director); 11) consider and submit proposals to the council regarding the reorganization of the higher education institution or the plants of its liquidation; 12) lay down the procedure of management, use and disposal of funds of the higher education institution (as well as funds designated for remuneration of the administration staff and other employees) and the assets managed by the right of ownership; 13) consider and submit proposals to the council regarding the setting of the general number of student places, taking into account the possibilities of quality assurance in studies and research, artistic activities; 14) perform other functions prescribed by legal acts and the statute of the higher education institution. 3. The senate (academic council) shall announce publicly its decisions in accordance with the procedure laid down by legal acts. 4. A senate (academic council) shall be set up in accordance with the procedure laid down in the statute of a higher education institution for a period not exceeding five years. 5. Members of the academic community of a university (college), members of the administration of a university who are ex officio members of the senate (academic council) as well as scientists, teachers and established artists of other higher education and research institutions may be members of the senate (academic council). Representatives appointed by students must comprise not less than 20 per cent of the members of the senate (academic council). Representatives of students shall be appointed to the senate (academic council) by a student representation; if there is no such representation – by a general meeting (conference) of the students. Persons holding the position of a professor or chief research staff member must comprise not less than 20 per cent of the members of the senate. Persons holding the position of an associate professor or senior research staff member must comprise not less than 20 per cent of the members of the senate (academic council). Persons who are ex officio members of the senate (academic council) must comprise not more than 10 per cent of the members of the senate (academic council). Employees of other higher education and research institutions may also be ex officio members of the senate (academic council).  The rector (director) of a higher education institution shall also be an ex officio member of the senate (academic council). 6. Activities of the senate (academic council) shall be regulated by the rules of procedure of the senate (academic council) approved by the senate (academic council) of a higher education institution. 7. The rector (director) of a higher education institution may not be chairman of the senate (academic council). 8. The senate (academic council) shall, in accordance with the procedure laid down by the statute of a higher education institution, inform the community of the higher education institution about its decisions and shall account for its activities to the said community once a year. Article 22.  Rector (director) of a higher education institution 1. The rector (director) of a higher education institution shall be a single-person management body of the higher education institution, shall act in the name of the said institution and represent it. 2. The rector (director) shall execute the following functions: 1) head a higher education institution, organize its activities, ensuring the implementation of a strategic action plan; 2) issue orders; 3) recruit and dismiss employees of the higher education institution; 4) admit and exclude students in accordance with the procedure laid down by the statute of the higher education institution; 5) submit to the council for the setting of tuition fees and fees which are not directly related to the implementation of a study programme; 6) be responsible for financial activities of the higher education institution, proper management, use and disposal of funds and assets; 7) submit to the council for approval an annual report on the activities of the higher education institution; 8) publicly announce an annual report on the activities of the higher education institution approved by the council of the higher education institution; 9) submit to the senate for consideration and the council of the higher education institution for approval strategic plans for activities of the higher education institution and for reorganization of the structure of the higher education institution; 10) consider and take decisions concerning the management, use and disposal of funds of the higher education institution (as well as funds designated for remuneration of the administration staff and other employees) and the assets; 11) perform other functions prescribed in legal acts and the statute of the higher education institution. 3. The rector (director) shall be elected by the council of the higher education institution in accordance with the procedure laid down by the council of the  higher education institution. 4. The council shall announce an open competition to fill a position of the rector (director). The rector (director) shall be considered to be elected if at least three-fifths of all the council members vote for him. 5. The rector may be a person who has a scientific degree or is an established artist, who has the experience in pedagogy and management. 6. The director may be a person who has the experience in pedagogy and management. 7. The chairman of the council or any other person authorised by the council shall sign in the name of the higher education institution an employment contract with the elected rector (director) for the duration of his term of office. 8. The term of office of the rector (director) shall be five years. The same person may be elected rector (director) of the same higher education institution for not more than two terms of office in succession and not earlier than after an interval of five years since the end of the last term of office, if the last term of office was the second consecutive term. 9. If an annual report on activities of the higher education institution presented by the rector (director) of the higher education institution is not approved by a majority of all the members of the council of the higher education institution, the rector (director) shall, in accordance with the procedure laid down by legal acts, be dismissed from office by a majority of votes of six members of the council of the higher education institution (where the council comprises nine members) or seven members of the council of the higher education institution (where the council comprises 11 members). Article 23.  Participation of students in the management of a higher education institution Interests of students in the management bodies of a higher education institution and its units, in advisory and dispute-settlement structures shall be represented by representatives of the students who are appointed by the student representation in accordance with the procedure laid down by it; and if there is no such representation – by a general meeting (conference) of the students. SECTION THREE Management of a research institute Article 24.  Bodies of a research institute 1. The management bodies of a state research institute shall be the scientific council of the research institute and the director of the research institute. 2. Management of non-state research institutes shall be regulated by their founding documents. Article 25.  Scientific council of a state research institute 1. The scientific council of a state research institute shall carry out the following functions: 1) in accordance with the regulations, approve the structure of the state research institute and changes therein; 2) approve the procedure of performance evaluation of research staff members and of organization of competitions to fill positions of research staff members; 3) consider and approve documents regulating research activities; 4) consider annual activity reports on activities submitted by the director of the research institute and assess the process of implementation by the state research institute of its tasks and objectives; 5) perform other functions set forth in the statutes. 2. The scientific council of a state research institute shall be set up in accordance with the procedure laid down by the research institute for a period of five years from research staff members and administration employees as well as from representatives of other establishments, enterprises and organizations which are interested in the implementation of the tasks and mission of the institute. The scientific council of a state research institute shall approve its rules of procedure. Article 26.  Director of a state research institute 1. The director of a state research institute shall be a single-person management body of the state research institute, shall act in the name of the said institute and represent it. The director shall perform the functions of the head of the establishment as provided for in the regulations and legal acts. 2. The director of a research institute shall be appointed to the office by an open competition and shall be dismissed from office by the founder (members of the legal person) or a person authorised by him (them). 3. The Government or an institution authorised by it shall approve the procedure for organising election of the director of a state research institute by an open competition. 4. The director of a state research institute may be a person having a scientific degree and the experience in management. 5. The term of office of the director of a state research institute shall be five years. The same person may be appointed to the office of the director of a state research institute for not more than two terms of office in succession and not earlier than after an interval of five years since the end of the last term of office, if the last term of office was the second consecutive term. CHAPTER IV ESTABLISHMENT, TERMINATION AND RESTRUCTURING of higher education and research institutions. AUTHORIZATION TO CARRY OUT STUDIES AND/OR ACTIVITIES RELATED TO STUDIES Article 27.  Conditions of establishment of a higher education institution 1. A higher education institution shall be established pursuant to the Civil Code, this Law and the law regulating an appropriate legal form of a legal person. 2. A higher education institution may be established if there are material facilities and other conditions specified in this Law which are necessary to ensure the quality of planned study programmes, research and/or artistic activities, and to meet the requirements of the higher education qualifications to be awarded. 3. The Seimas shall establish a state university upon the recommendation of the Government. Without prejudice to the requirements laid down in this Law, the rights and duties of the State as the owner of a state university shall be implemented only by the Government or an institution authorised by it. Private and public persons may not be stakeholders of a state university. 4. A state college shall be established by the Government upon the recommendation of the Ministry of Education and Science. Without prejudice to the requirements laid down in this Law, the rights and duties of the state as the owner of a state college shall be implemented only by the Government or an institution authorised by it. Having adopted a decision to establish a state college, the Government shall also take a decision on the transfer of the founder’s functions to a state institution or establishment.  Private and public persons may not be stakeholders of a state college. 5. A non-state higher education institution may be established by natural or legal persons, with the exception of state and municipal institutions and establishments, as well as by Lithuania-based branches of enterprises established in the Member States of the European Union or other states which signed the Agreement on the European Economic Area. Article 28.  Statute of a higher education institution 1. A statute of a higher education institution (hereinafter referred to as the ‘’statute’’) shall be a founding document which the higher education institution acts in conformity with.  2. The following must be laid down in the statute of a h …