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UNIVERSITIES ACT 558/2009 (Amendments up to 644/2016 Included)

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UNIVERSITIES ACT 558/2009 (Amendments up to 644/2016 Included) Translation from Finnish Legally binding only in Finnish and Swedish Ministry of Education and Culture, Finland UNIVERSITIES ACT 558/2009 (Amendments up to 644/2016 included) Chapter 1. General provisions Section 1. Scope of application 1. This Act applies to universities under the remit of the Ministry of Education and Culture as provided below. (Amendment 954/2011) 2. The universities referred to in this Act are: (1) University of Helsinki, (2) University of Eastern Finland, (3) University of Jyväskylä, (4) University of Lapland, (5) University of Oulu, (6) University of Tampere, (7) University of Turku, (8) University of Vaasa, (9) Åbo Akademi University, (10) Lappeenranta University of Technology, (11) Hanken School of Economics, (12) University of the Arts Helsinki, (13) Aalto University Foundation operating as Aalto University, (14) TTY Foundation operating as Tampere University of Technology. (Amendment 414/2012) 3. The universities referred to in subsection 2 (1–12) above are corporations under public law (public universities). In addition to this Act, Aalto University and Tampere University of Technology (foundation universities) are governed by the Foundations Act. (Amendments 487/2015 and 497/2015) 4. This Act, with the exception of sections 5, 13–22, 60, 64, 65 and 67, Chapters 8 and 9 and section 88, applies to the foundation universities. Section 2. Mission 1. The mission of the universities is to promote independent academic research as well as academic and artistic education, to provide research-based higher education and to educate students to serve their country and humanity at large. In carrying out their mission, the universities shall promote lifelong learning, interact with the surrounding society and promote the social impact of university research findings and artistic activities. 2. The universities shall arrange their activities so as to ensure a high international standard in research, artistic activities, education and tuition in conformity with research integrity. Section 3. Autonomy 1. The universities have autonomy, through which they safeguard scientific, artistic and higher education freedom. The autonomy entails the right of universities to make their own decisions in matters related to their internal administration. 2. When legislation is drafted concerning them, the universities shall be given the opportunity to express their opinion on the matter. Section 4. Membership in the university community The university community comprises teaching and research staff, other staff and students. Section 5. Legal capacity of public universities 1. The public universities are independent legal persons. 2. The public universities may undertake commitments, obtain rights in their own name and possess movable and immovable property. The universities may engage in business activities, provided such activities support the discharge of the mission laid down in section 2. 3. The public universities are liable for their commitments with their own funds and are entitled to pursue and defend litigation in court. Chapter 2. Research and teaching Section 6. Freedom of research, art and teaching 1. While universities enjoy freedom of research, art and teaching, teachers must comply with the statutes and regulations issued on education and teaching arrangements. 2. Teaching in the universities is public. Where justified, participation in instruction may be restricted. Section 7. Degrees, other studies and range of degrees 1. Universities award Bachelor’s and Master’s degrees and academic, artistic and third-cycle postgraduate degrees. Universities may also provide professional specialisation programmes, degree modules as open university education or as other non-degree studies, and continuing professional education. (Amendment 1172/2014) 2. The Master’s degree is taken after completing a Bachelor’s degree or equivalent studies. In fields issued by government decree, education leading to the Master’s degree may be organised without the requirement of a previously completed Bachelor’s degree, where appropriate in terms of the professional demands of the field. The academic, artistic or professionally-oriented postgraduate degree is taken after completing a Master’s degree or equivalent studies. 3. Further provisions on the degrees awarded by the universities, the objectives of the degrees, the structure of studies, other study requirements and the degrees conferred by each university (educational responsibility) are issued by government decree. Provisions on the status of university degrees within the system of higher education are also issued by government decree, whereas provisions that more explicitly distribute the educational responsibilities among the universities are issued by decree of the Ministry of Education and Culture in collaboration with the universities. (Amendment 1172/2014) Section 7a. Tuition in languages and communication (Amendment 562/2016) 1. Universities may arrange tuition in languages and communication in cooperation with another university or university of applied sciences or procure it from one of these institutions. To meet their educational responsibility, universities are not obliged to provide such tuition themselves. 2. Students participating in such tuition by virtue of subsection 1 or by virtue of section 8a(1) of the Act on Universities of Applied Sciences (932/2014) have a restricted right to study, in the institution of higher education where the tuition is being provided but where the student does not have the right to complete degree studies. Section 7b. Professional specialisation programmes (Amendment 562/2016) 1. Professional specialisation programmes offered by universities are studies intended to be completed after a higher education degree and designed for degree holders in order to promote their professional development and specialisation. They are intended to generate competence in areas of expertise for which no market-based provision of education is available. 2. Provisions on the joint objectives and minimum scope of professional specialisation programmes are issued by government decree. Studies offered by a university in the form of business activities under section 5(2) are not provided as professional specialisation programmes. 3. Only studies for which the study requirements have been agreed upon in inter-university cooperation can be provided as professional specialisation programmes. Cooperation with representatives of business and industry must be carried out during the agreement procedure. Further provisions on agreements on professional specialisation programmes, the content of the agreements and the provision of the programmes are issued by government decree. 4. A public register is maintained of agreements on professional specialisation programmes. Further provisions on the public register and information to be included in it are issued by government decree. Section 8. Tuition free of charge and charges related to other activities (Amendment 414/2016) 1. Studies leading to a university degree and entrance examinations relating to student admissions are free of charge for the student unless otherwise provided in this Act. Tuition given free of charge does not prevent universities from offering joint and double degree programmes for which foreign institutions of higher education charge fees for their part of the programme. 2. A person applying to education other than that given in Finnish or Swedish may be required to take a fee-charging international test. 3. For activities other than those referred to in subsection 1 the university may charge fees. Further provisions on fees chargeable under public law are issued by government decree in conformity with the provisions on the cost price of transactions under public law in the Act on Criteria for Charges Payable to the State (150/1992). If the fee chargeable under public law to a student as referred to in this Act has not been paid by the due date, it is possible to collect annual interest for late payment from the due date onwards in accordance with the provisions of the Interest Act (633/1982). The payment may be recovered directly by an enforcement order as provided in the Act on the Enforcement of Taxes and Charges (706/2007). Section 9. Commissioned education (Amendment 1600/2015) 1. A university may arrange degree studies which are geared to a group of students and which have been commissioned and paid for by the Finnish state, another state, an international organisation, a Finnish or foreign public corporation, a foundation or a private corporation (commissioned education). 2. Commissioned education may not be arranged for citizens of states belonging to the European Economic Area or for persons or their family members who are deemed comparable to European Union citizens under European Union treaties or under a treaty concluded by the European Union and its Member States with another contracting party. Nor may commissioned education be arranged for persons who, under the Aliens Act (301/2004), have a European Union Blue Card, a continuous or a permanent residence permit or a long-term resident’s European Union residence permit issued to third-country nationals, nor for any family members of the above. The Aliens Act is applied in the definition of persons regarded as family members. Persons participating in commissioned education are governed by sections 37, 37a, 37b, 43a–43d, 45, 45a, 45b and 82, 83, 83a, 84, 84a, 85 and 86 of this Act. 3. Tuition provided in the form of commissioned education
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