Consolidated redaction from 18th November 2022
(Approved by the Order No V-1811 of 17th November 2022 of The Minister of Education, Science and Sport)
Unofficial automatic translation
MINISTER OF EDUCATION, SCIENCE AND SPORT OF THE REPUBLIC OF LITHUANIA
ORDER
ON THE APPROVAL OF THE STATUTE OF THE CENTRE FOR QUALITY ASSESSMENT IN HIGHER EDUCATION
14th November 2016 No V-1002
Vilnius
Pursuant to Article 22 of the Law on Research and Studies of the Republic of Lithuania and Article 6(5) of the Law on Budgetary Institutions of the Republic of Lithuania:
- I a p p r o v e the Statute of the Centre for Quality Assessment in Higher Education (attached);
- I authorise the Director of the Centre for Quality Assessment in Higher Education to sign the amended Statute of the Centre for Quality Assessment in Higher Education and to submit it and other amended data to the Register of Legal Entities within 30 dalys from the entry into force of this order.
The Minister of Education and Science Audronė Pitrėnienė
APPROVED
by the Order No V-1002 of 14th November 2016 of the Minister of Education and Science
(Redaction of the Order No V-1811 of 17 November 2022 of the Minister of Education, Science and Sport)
STATUTE OF THE CENTRE FOR QUALITY ASSESSMENT IN HIGHER EDUCATION
CHAPTER I
GENERAL PROVISIONS
1. The Statute of the Centre for Quality Assessment in Higher Education (hereinafter referred to as “the Statute”) shall lay down the legal basis for the activities of the Centre for Quality Assessment in Higher Education (hereinafter referred to as 'the Centre'), the areas and types of its activities, its purpose, tasks, objectives, functions, rights and obligations, the organisation and management of its activities, its funds, the procedure for their use and the control of its financial activities.
2. The Centre is a public legal person with its own bank account and stamp bearing the coat of arms of the State and its name. The Centre's legal entity code is 111959192. The Centre's trademark is registered in the State Patent Bureau of the Republic of Lithuania. The abbreviated name of the Centre is SKVC. The address of its registered office is Vilnius, A. Goštauto st. 12. Website: https://www.skvc.lt/. Legal form – budgetary institution. In order to achieve the aims and objectives set out in these Statutes, the Centre shall organise its work and take decisions independently, within the limits of its competence.
3. The owner of the Centre is the Republic of Lithuania, and the institution exercising the rights and duties of the owner of the Centre is the Ministry of Education, Science and Sport of the Republic of Lithuania (hereinafter referred to as the Ministry). The competence of the Ministry to exercise the rights and duties of the owner of the Centre shall be determined by the Law on Budgetary Institutions of the Republic of Lithuania, the Regulations of the Ministry of Education, Science and Sport of the Republic of Lithuania approved by the Resolution of the Government of the Republic of Lithuania of 21 July 1998 No 914 'On the Approval of the Provisions of the Ministry of Education, Science and Sport of the Republic of Lithuania', and by other legal acts relating to the implementation of the functions of the Ministry.
4. The Centre acts in accordance with the Constitution of the Republic of Lithuania, the Council of Europe and the UNESCO Convention on the Recognition of Qualifications Related to Higher Education in the States of the European Region (hereinafter referred to as the "Lisbon Recognition Convention"), the Law on Research and Studies of the Republic of Lithuania, the Law on Education of the Republic of Lithuania, the international agreements, The Standards and guidelines for quality assurance in the European Higher Education Area (ESG), other legislation related to the Centre's activities, and this Statute.
5. The Centre shall plan its activities taking into account the strategic objectives of the long-term development of the State and the needs of the implementation of Lithuania's international commitments in the field of research and studies.
6. The Centre's field of activity: public administration in the field of research and studies.
7. Activities of the Centre (according to the Classification of Economic Activities):
7.1. the main ones – general public administration activities (code 84.11), regulation of health, education, culture and other social services with the exception of social insurance (code 84.12);
7.2. other – organisation of meetings and business events (code 82.30), education service activities (code 85.60).
8. Amendments to the Statute of the Centre may be initiated by the Director of the Centre, the Council of the Centre (hereinafter referred to as the Council), the Ministry. Draft amendments to the Centre's Statutes shall be discussed at a meeting of the Council. After the Council has discussed the draft at its meeting, the Director of the Centre shall submit the draft amendments to the Statute to the Minister of Education, Science and Sport.
9. The amendments to the Statute of the Centre shall enter into force on the date of their registration in the Register of Legal Entities. The Director of the Centre shall be responsible for the submission of the Centre's Statutes to the Register of Legal Entities.
CHAPTER II
PURPOSE, OBJECTIVES AND FUNCTIONS OF THE CENTRE
10. The purpose of the Centre is to encourage higher education institutions to ensure the quality of their studies and other activities, to foster a culture of quality and to create conditions for the free movement of persons.
11. The Centre's activities shall be guided by the principles of impartiality, professionalism, openness and cooperation.
12. The Centre's objectives are to:
12.1. to carry out the external evaluation and accreditation of higher education institutions and their studies, to advise higher education institutions within its competence, to publicise the results of the evaluation, to carry out the follow-up of the external evaluation and to analyse indicators related to the quality of studies;
12.2. to perform academic recognition of foreign qualifications, to provide information and to seek compatibility between the Lithuanian study system and the provisions of the European Higher Education Area, to ensure, within the scope of its competences, the fulfilment of Lithuania's international obligations in the field of research and studies, and to carry out the activities of the National Academic Recognition and Information Centre (ENIC/NARIC).
13. In order to accomplish the task referred to in sub-paragraph 12.1 of the Statute, the Centre performs the following functions:
13.1. organises and/or carries out the evaluation of studies of higher education institutions of the Republic of Lithuania;
13.2. accredits the studies of the study fields carried out by higher education institutions of the Republic of Lithuania;
13.3. organises the external review of higher education institutions of the Republic of Lithuania;
13.4. organises the external evaluation of the performance of branches of foreign higher education institutions;
13.5. accredits higher education institutions of the Republic of Lithuania;
13.6. assesses and provides conclusions on the compliance of a higher education institution or a branch of a foreign higher education institution seeking permission to carry out studies and study-related activities with the conditions laid down in the Law on Research and Studies;
13.7. assesses the readiness of branches of foreign higher education institutions to implement study programmes in the Republic of Lithuania, or cooperates when such an assessment is carried out by another quality assurance agency included in the Register of European Quality Assurance Agencies for Higher Education, or on other grounds as provided for in international agreements of the Republic of Lithuania;
13.8. upon the request of foreign entities, carries out evaluation of activities and studies of foreign higher education institutions, issues accreditation, organises external evaluation of other quality agencies, consults foreign higher education institutions and organisations performing external quality assurance functions or their founders (legal entity participants) on quality assurance issues;
13.9. deals with requests and complaints from individuals concerning the quality of studies;
13.10. prepares and develops methodologies and guidelines for the self-assessment, external evaluation, accreditation and follow-up of higher education institutions, and makes proposals for new legislation or amendments on the evaluation of the quality of studies;
13.11. as part of its follow-up activities, analyses the effectiveness of the implementation of recommendations to higher education institutions;
13.12. analyses the results of external evaluations, performance indicators of higher education institutions and prepares quality reviews of higher education;
13.13. coordinates the preparation and updating of study field descriptors and submits them to the Minister of Education, Science and Sport for approval;
13.14. collects, analyses and shares best practices on quality assurance and evaluation of higher education institutions in foreign countries, consults higher education institutions, institutions formulating and implementing research and study policy and other entities of the Republic of Lithuania and foreign countries within the scope of their competence, provides training, as well as organises other events in the field of higher education quality assurance and internationalisation;
13.15. publishes on the Centre's website and in other ways the conclusions, decisions, recommendations and summaries of the evaluation of the activities of higher education institutions and the field of study.
14. In order to accomplish the task referred to in sub-paragraph 12.2 of the Statute, the Centre performs the following functions:
14.1. carries out the academic recognition of foreign qualifications related to higher education;
14.2. collects and provides information on the education systems of the Republic of Lithuania and foreign countries, qualifications and their providers, studies, and the system of recognition of foreign qualifications in Lithuania;
14.3. monitors and provides methodological assistance and publicise the results of the monitoring of decisions taken by higher education institutions regarding academic recognition of foreign qualifications;
14.4. hears the appeals against decisions taken by higher education institutions on academic recognition of foreign qualifications;
14.5. provides training and consultations related to the assessment and academic recognition of foreign qualifications, the education systems of foreign countries and the Republic of Lithuania;
14.6. provides information and/or recommendations to higher education institutions, employers and other entities on the assessment and recognition of Lithuanian and foreign qualifications and partial studies, on the assignment of higher education qualifications to the relevant field of study in the event that the field of study is not specified in the education documents and there is no higher education institution that has granted the qualification to assign the higher education qualification to the relevant study field, or if the qualification has been issued abroad;
14.7. collects, analyses and shares good practice in the assessment and recognition of foreign qualifications;
14.8. issues decisions on the determination of the equivalence of subjects completed in foreign institutions and the transfer of grades for those intending to enrol in first cycle or integrated studies and those competing for state-funded study places or study scholarships, as well as provides information and recommendations;
14.9. develops and shares methodological and information tools on the assessment and academic recognition of qualifications, the transfer of grades, national education systems, and other related internationalisation issues, and issues proposals for legislation improvement within its remit;
14.10. makes proposals to the Ministry for wider automatic recognition of qualifications.
15. The Centre, in cooperation with the Centre for the Development of Qualifications and Vocational Training, shall participate in the implementation of the Lithuanian Qualifications Framework, within its competence as defined in Chapter II of this Statute.
16. In order to accomplish the tasks, the Centre shall also perform other functions set out in the Laws of the Republic of Lithuania, Decrees of the Government of the Republic of Lithuania, Orders of the Minister of Education, Science and Sport and other legal acts related to the activities of the Centre, including participation in the preparation of drafts of international treaties, Laws of the Republic of Lithuania, Decrees of the Government of the Republic of Lithuania, other legal acts of the Republic of Lithuania, the European Union, as well as submission of comments and proposals on drafts of legal acts being prepared by other state institutions, bodies, organisations.
CHAPTER III
RIGHTS AND OBLIGATIONS
17. In the exercise of its functions, the Centre shall have the right to:
17.1. to take appropriate, transparent, proportional and non-discriminatory actions and/or measures to achieve the objectives and tasks set out in paragraphs 10 and 12 of this Statute;
17.2. be a member of international non-profit organisations and networks active in fields related to the Centre's activities, participate in national and international projects, as well as in international events dealing with issues related to higher education;
17.3. represent the Centre in international organisations and networks and at international events on issues related to higher education;
17.4. to set up working or expert groups, commissions, and engage experts to carry out the functions of the Centre;
17.5. to remunerate the members of working or expert groups, commissions and experts for the work carried out;
17.6. to receive from the Ministry, state and research and study institutions, as well as from other persons, all the information necessary for the implementation of its tasks and the performance of its functions;
17.7. to enter into contracts with natural and legal persons of the Republic of Lithuania and foreign states, which are necessary for the implementation of the tasks of the Centre or to ensure the working conditions;
17.8. to issue information publications, to publish information in mass media and in other ways.
18. The Centre shall have other rights established by the legislation of the Republic of Lithuania.
19. The Centre shall have the following duties in the implementation of its tasks:
19.1. to carry out the functions entrusted to it in a timely and proper manner;
19.2. to submit to the Ministry annually the following information: the activity plan for the current year (which is discussed with the Council), not later than 31 January; the report on the Centre's activities for the previous calendar year not later than 31 March; the summary of the evaluation of the quality of studies results for the previous calendar year not later than 30 June;
to provide the Ministry, research and study institutions, as well as other legal entities with information related to the Centre's activities;
19.3. to be externally evaluated once every five years, to improve its activities on the basis of the self-assessment and the recommendations of the evaluation, and to make this public.
20. The Centre shall have other duties established by the legal acts of the Republic of Lithuania.
CHAPTER IV
ORGANISATION OF ACTIVITIES
21. The governing bodies of the Centre are the Council and the Director.
22. The Council shall be a collegial governing body composed of 11 members. One member of the Council for a term of 6 years shall be delegated by the Committee on Education and Science of the Seimas of the Republic of Lithuania, the Minister of Education, Science and Sport, two members for a term of 6 years shall be delegated by the organisations uniting universities and colleges (2 members for each sector), four members for a term of 6 years shall be delegated by the organisations uniting social partners, and one member shall be delegated by the organisation of students for a term of 2 years. A member of the Council delegated by the Committee on Education and Science of the Seimas of the Republic of Lithuania must be an international expert living and working outside the Republic of Lithuania. The composition of the Council shall be announced by the Minister of Education, Science and Sport.
23. A member of the Council shall hold office until the expiry of his/her term of office, except in the following cases:
23.1. a member of the Council resigns;
23.2. the member of the Council is recalled by the appointing entity;
23.3. the Council member does not properly perform the duties of a Council member;
23.4. a court verdict was issued against the Council member;
23.5. the death of the Councillor.
24. The same person may not be appointed as a member of the Council for more than two consecutive terms.
25. When a vacancy occurs on the Council, the President of the Council shall initiate the appointment of a new member of the Council.
26. The Centre shall contact the entities empowered to delegate Council members no later than 2 months before the end of the Council member's term of office. The entities empowered to appoint members of the Council shall appoint them within one month from the date of the Centre's request. After the appointment, the Centre shall apply to the Ministry for the publication of the composition of the Council. The Chairperson of the Council shall be elected for a period of 3 years by a simple majority of all Council members. The Vice-Chairperson of the Council shall be elected in the same manner on the proposal of the Chairperson of the Council.
27. If a new member of the Council is not appointed in due time after the expiry of the term of office of a member of the Council, the outgoing member of the Council shall hold office until a new member of the Council is appointed, but not longer than 2 months.
28. The Council shall draw up and adopt its rules of procedure. Decisions shall be taken by a majority of all members of the Council. Meetings of the Council shall be valid if at least 8 Council members are present.
29. The activities of the members of the Council shall be remunerated in accordance with the procedure established by the Law on Remuneration of Employees of State and Municipal Institutions of the Republic of Lithuania and Remuneration of Members of Commissions for Work.
30. The conditions for the work of the Council shall be provided by the Centre.
31. The Council shall perform the following functions:
31.1. participate in the appointment of the Director of the Centre in accordance with the procedure established by the Law on Research and Studies;
31.2. consider and approve the vision and mission of the Centre, as well as the strategic plan of activities submitted by the Director, as agreed with the Ministry;
31.3. propose and consider the annual activity plan of the Centre to the Director;
31.4. consider and approve the annual activity report of the Centre submitted by the Director;
31.5. make proposals for the improvement of the organisation of the activities of the institution, the quality assurance of studies, the academic recognition of foreign qualifications and other matters in the field of higher education;
31.6. prepare and publish on the Centre's website an annual report on its activities.
32. In carrying out its functions, the Council shall have the right to receive from the Centre and the Ministry the information necessary for the performance of its functions, as well as to organise extended meetings of the Council, to which the Centre's civil servants and employees, experts, representatives of state institutions, research and study institutions, and representatives of other social partners are invited.
33. Members of the Council shall be obliged to participate in the meetings of the Council, to carry out the assigned tasks in a timely and proper manner, to motivate the decisions taken, to observe ethical requirements when the issue under discussion may cause a conflict between the public and private interests of a Council member, to abstain from the discussion of the issue and from the vote, to act independently, not to disclose confidential information, and not to comment publicly on the vote of individual Council members.
34. The activities of the Council shall be public. Closed meetings may be held in the cases provided for in the Council's Rules of Procedure.
35. The Director shall be the sole governing body of the Centre and shall be appointed and dismissed from his/her position in accordance with the procedure laid down by the Law on Research and Studies and the Law on Civil Service of the Republic of Lithuania.
36. The Director of the Centre shall perform the following functions:
36.1. acts on behalf of the Centre;
36.2. represents the Centre in relations with legal and natural persons of the Republic of Lithuania and foreign legal and natural persons, or delegates a part of these functions to civil servants or employees of the Centre in accordance with their competences;
36.3. organises the work of the Centre in such a way as to ensure the fulfilment of the Centre's purpose, objectives and functions;
36.4. ensures compliance with laws, regulations and the Centre's Statutes;
36.5. reports to the Council and the Ministry;
36.6. submits to the Ministry for approval drafts of the Centre's vision and mission, as well as its strategic plan of action;
36.7. submits to the Council, in agreement with the Ministry, the mission and vision of the Centre, as well as the strategic plan of activities for approval;
36.8. disagreeing with the Council's decision, may apply to the Council with a reasoned request to reconsider the decision. The Council must consider the request within 30 days of receipt of the Director's request. At the request of the Director, the Council's decisions shall be reconsidered once;
36.9. approves the structure of the Centre, the regulations of the structural units and the list of posts, within the maximum number of posts;
36.10. approves the job descriptions of the civil servants and employees of the Centre;
36.11. recruits and dismisses civil servants and employees of the Centre working under employment contracts, promotes them, and imposes official or disciplinary penalties, lump-sum payments and allowances on them, in accordance with the procedure laid down by the Law on the Civil Service, the Labour Code of the Republic of Lithuania, and the legal acts implementing them;
36.12. within the limits of the established annual salary fund, determined the salaries of civil servants and employees of the Centre in accordance with the procedure established by the legislation of the Republic of Lithuania;
36.13. shall ensure, in accordance with the procedure established by the Civil Service Law, the qualification development of the Centre's civil servants and the evaluation of their professional performance;
36.14. organises the examination of complaints concerning the actions of civil servants and employees of the Centre;
36.15. organises and coordinates the activities of the Centre, takes decisions on all matters related to the activities of the Centre, or delegates part of these functions to civil servants and/or employees of the Centre in accordance with their competence in accordance with the procedure laid down by law;
36.16. issues orders and approves other documents of the Centre, and supervises their implementation;
36.17. approves the annual activity plans and submits them to the Ministry after consideration by the Council;
36.18. attends meetings of the Council;
36.19. takes care of the intellectual, material and financial resources of the Centre;
36.20. ensures that the sets of accounts and statistical reports submitted in accordance with the Law on Public Sector Accountability of the Republic of Lithuania are correct;
36.21. ensures the rational and economical use of funds and assets, the effective establishment, operation and improvement of the internal control system of the budgetary institution;
36.22. performs other functions established by the legislation of the Republic of Lithuania.
37. The Director of the Centre is responsible for:
37.1. the compliance with the laws of the Republic of Lithuania and other legal acts in the activities of the Centre;
37.2. the preparation of the Centre's activity report for the previous year and its submission to the Council, the Ministry and the public;
37.3. the implementation of the tasks set for the Centre, for the performance of its functions and duties, and for the Centre's economic and financial activities;
37.4. the safety of work at the Centre.
38. If the Director of the Centre is temporarily unable to perform his/her functions due to illness, leave or business trip, his/her functions shall be performed on a temporary basis by the Deputy Director of the Centre or by any other civil servant of the Centre appointed by the Minister of Education, Science and Sports or a person authorised by him/her.
CHAPTER V
FUNDS, PROCEDURES FOR THEIR USE AND CONTROL OF FINANCIAL ACTIVITIES
39. The Centre shall be financed from the State budget of the Republic of Lithuania. The Centre may receive income from the costs of evaluations, activities and quality agency evaluations of foreign institutions, events and other services, projects carried out at the request of foreign entities, as well as from other legally obtained funds.
40. The Centre shall be financed from the State budget of the Republic of Lithuania in accordance with the Law on Budget Structure of the Republic of Lithuania and legal acts regulating the accounting of budgetary institutions.
41. The Centre may receive and use donations in accordance with the procedure established by the Law on Charity and Support of the Republic of Lithuania.
42. The Centre shall be subject to the control of the authorised state authorities over its activities, financial and economic activities.
CHAPTER VI
FINAL PROVISIONS
43. The Centre shall be reorganised or liquidated on the grounds, in accordance with the procedure and under the conditions laid down in the Civil Code of the Republic of Lithuania, the Law on Budgetary Institutions and the legal acts implementing them.
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