Announcement Of Law On Vocational Academies Of Higher Education

Original Language Title: Bekendtgørelse af lov om erhvervsakademier for videregående uddannelser

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=125520

Overview (table of contents) Chapter 1 the scope of the law

Chapter 2 Business akademiernes aims and tasks

Chapter 2 a Tender abroad

Chapter 3 Board of

Chapter 4 grants, loans, terms, etc.

Chapter 5 asset management, accounting and auditing

Chapter 6 merger, Division and termination

Chapter 7 Supervision and quality assurance

Chapter 8 IOS

Chapter 9 other provisions

Chapter 10 student behaviour and access to justice

Chapter 11 entry into force, transitional provisions and changes in other laws The full text of the Ordinance to the law on vocational academies of higher education

Hereby promulgated Act No. 346 of 14. May 2008 in vocational academies of higher education, with the changes brought about by section 20 of the Act No. 516 of 12. June 2009, § 4 of the lov nr. 537 by 12. June 2008 and section 2 of Act No. 590 of 26. June 2009. The announced legislative text applies fully only after the Ministry of economic and business Minister's determination, see. Article 25, paragraph 1, of the lov nr. 516 of 12. June 2009, as set out in the Executive order ending. The until then applicable provision is reproduced in note 1.

Chapter 1

The scope of the law

§ 1. The law applies to professional academies for higher education.

(2). Vocational Academies are autonomous institutions within the public administration.

§ 2. Vocational Academy's name shall be laid down in the staff regulations. The term business Academy will be included in the name.

Chapter 2

Business akademiernes purposes and tasks

§ 3. Vocational academies has the mission to provide business Academy courses and continuing education programs associated with it. This can happen by erhvervsakademiet even conducting teaching, and by an institution for vocational training for conducting teaching for vocational Academy (zoned teaching). Vocational academies to be by the provision of the above-mentioned programmes at an international professional level and meet the need for skilled workers in both the private and the public sector.

(2). The Minister may lay down rules on the content of agreements concerning interpretation of education, including in vocational Academy Award of grants to such teaching.

§ 4. Business Academy must fulfill the requirement for the provision of vocational college education and continuing vocational training in the region or the part thereof, as the Minister of education determines that commercial Academy's geographic scope. If two or more vocational academies in whole or in part have a common geographic coverage area, they must jointly fulfill the requirement for the provision of these courses in the area. The Minister may determine the conditions in which such vocational academies must make the decision jointly.

(2). The Minister may provide more vocational academies must cover a geographic area or region needs for one or more of the listed courses or vocational college must fulfill the requirement in the whole country or specific parts thereof for one or more of the listed courses.

(3). Business Academy will help to meet the students ' needs for a variety of educational and commercial environments with different identities.

§ 5. Business Academy is to develop existing and new vocational college education and continuing education, carry out development work and take care of videncenterfunktioner. Business Academy must, among other things. through national and international cooperation, and knowledge-and competence development contribute to regional and national development and growth of industries and professions, including in peripheral regions.

(2). Vocational academies, professional colleges, engineering schools and universities must work together strategically and concrete. Vocational Academies can also cooperate with other relevant research environments. Vocational academies co-operates with the occupations and professions, as vocational Academy education is aimed at.

§ 6. A business Academy can have the task, in partnership with a University College in the region where erhvervsakademiet belong, to fulfill the requirement for the provision of technical and mercantile profession bacheloruddannelser and the associated training and further education in the region or part thereof.

(2). The Minister may, however, provide more vocational academies together in partnership with one or more university colleges may have the task to cover the need for one or more of these courses in a region or a geographic area, or that the Business Academy in a partnership which it said may have the task to cover the needs of the whole country or specific parts thereof for one or more of the courses referred to in paragraph 1.

(3). Business Academy, together with the University colleges, which business Academy has partnered with pursuant to paragraph 1, developing existing and new technical and mercantile profession bacheloruddannelser and continuing education relating thereto.

(4). When Business Academy carries out the tasks under paragraph 1, it shall, together with the pro fes Sion College ensure that education and knowledge is characterized by craft and development orientation, inter alia through co-operation with related research institutions, see. section 5, paragraph 2.

(5). The Minister lays down rules on partnership agreements between vocational academies and colleges, including cooperation with other educational institutions.

§ 7. Business Academy must have a system for the treatment of cases on merit and real competence assessment, which is transparent and consistent, and which provides students with a uniform and rapid treatment of applications in the field. Vocational Academy's treatment of merit and real competence cases happening in a one-tier system, which ensures confidence in the outcome of vocational college's assessment and confidence in the quality of the solution of the task.

§ 8. Business Academy must have a system for quality assurance and performance evaluation of training, development work and videncenterfunktion and are required to notify their intention.

§ 9. Business Academy may, in agreement with one or more other business academies, institutions for vocational education, University colleges, institutions for general secondary education and for general adult education etc. carry out specified administrative tasks for one or more of the mentioned other educational institutions.

(2). The Minister may lay down rules relating to the conditions referred to in paragraph 1.

§ 10. Business Academy must know offering of courses and other activities such as income generating activities follow good business practices and must not inflict other unfair competition.

Chapter 2 (a)

Tenders abroad

section 10 (a). A Business Academy can as separate revenue-generating activities have the task of providing vocational higher education and continuing training relating thereto abroad, see. Chapter 4 (a) of the Act on vocational college education and University bacheloruddannelser and Chapter 3 (b) of the Act on vocational basic education and higher education (further education system) for adults.

(2). The Minister may, when circumstances call for tenders abroad necessitates it, decide to derogate from the provisions of the Act and the rules thereunder.

(3). The Minister of Education prescribes rules of supply abroad, including the fee for the processing of applications for approval of offerings, tuition fee and implementing the supply through a company with limited liability and that students on supply abroad are not included in the institution's grant basis. The Minister may waive the provisions of the Act by rulemaking.

Chapter 3

Protection Agency

Bylaws

§ 11. Vocational Academy's relationship shall be regulated by a statute, which must be approved by the Minister.

(2). The Minister shall lay down rules on the requirements for the content of the business akademiernes articles of Association.

The Board's tasks

§ 12. The Board carries out the overall and strategic direction of the Business Academy and ensures the quality of education and development, as well as the effective operation of the Business Academy.

(2). The Management Board shall draw up the business of the Academy Statute, see. § 11, and included a development contract with the Minister.

(3). The Board hires and dismisses vocational Academy's headmaster. Appointment as Rector is incompatible with the duties of a member of the Board of Directors of, or employment in an institution for vocational training designation are eligible for all of the Academy's Board of Governors.

(4). The Board shall determine, upon the recommendation of the Rector of the staff regulations Business Academy's organizational structure, including the identification of the organizational framework that is suitable for ensuring the achievement of the students ' needs for a varied local supply of educational and commercial environments with different identities and cultures, see. section 4, paragraph 3, and section 13, paragraph 2, so that the Business Academy can meet its purpose and carry out all its current and upcoming tasks, see. Chapter 2, and thus to the students ' ability of influence on education and teaching is ensured, without prejudice. section 13 (2) and § 21.

(5). The Board of Directors shall approve the curricula of the training as vocational Academy provider. The Board of Directors may authorize the principal to approve curricular.

(6). The Management Board shall adopt the annual budget on the recommendation of the Rector.

(7). The Board of Directors determines the guidelines for principal's business.


(8). The Board of Directors determines the capacity of the Business Academy. This also applies to the capacity of the vocational college education in sti tu tio ner for vocational training, for which education is designated, without prejudice. § 3 (1), (2). PT.

§ 13. The Board of Directors may, upon the recommendation of the Rector organize vocational Academy with the main professional areas or equivalent units and provide that the management of a main area etc. After the head teacher's quantification is handled by a technical area manager etc.

(2). The Board of Directors may, upon the recommendation of the Rector organize vocational Academy with studieråd for the technical and mercantile profession bacheloruddannelser which erhvervsakademiet provider in partnership with one or more university colleges, see. § 6, in order to ensure the local education offices opportunity influence on training and education as well as vocational Academy's accomplishing the task referred to in section 4, paragraph 3.

(3). Student councils advising the Education Committee, the Rector and the Board on the organisation, implementation and development of basic education and continuing training relating thereto. Student councils shall draw up proposals for academic regulations, and any amendments thereto, to the Education Committee.

The composition of the

§ 14. The Management Board shall be composed of members, which contributes to the promotion of vocational college's strategic work and professional goals within the Academy's training areas with their experience and professional insight into the technical and commercial areas, as well as knowledge of labour market needs for persons with training that is offered at a vocational college. Members must also represent the professional qualifications, have experience with and insights into public and private enterprise, strategic management, organization and economy, including assessment of budgets and accounts.

(2). The Management Board shall be composed of members designated in accordance with paragraph 3 and 4. Members appointed in accordance with paragraph 3 shall constitute a majority on the Board. A member who is appointed in accordance with paragraph 3, the institution which represents the Member is appointed. A majority of the Board of Directors may not be appointed by the same institution for vocational training.

(3). An institution for vocational training in the vocational Academy's geographical area, see. section 4, paragraph 1, shall appoint at least 1 member of the Academy's Board of Governors, when business





1) institution by Division has transferred activities, assets and liabilities relating to vocational college education and continuing education with its videncenterfunktion to the vocational Academy

2) institution conducting the zoned teaching for vocational college, see. § 3 (1), (2). paragraph, or

3) the institution's academic environment has been accredited to implement zoned teaching for vocational college, see. § 3 (1), (2). PT.





(4). The Board shall also be composed of:





1) at least one Member who shall be appointed by the University College or university colleges in the region.

2) 1 member appointed by the or the engineering colleges, which have a range of courses in the region.

3) 2 members appointed jointly by the municipal councils and Regional Council of vocational college's geographical area.

4) 2 members appointed by and among business Academy employees and employees at the Business Academy's courses at the institutions that implement education of vocational college. The members elected by the employees are protected against dismissal and other deterioration of conditions in the same way as Union representatives within the case or similar area.

5) 2 members appointed by and among the students at the vocational Academy education.





(5). The Management Board shall elect a Chairman from among the members appointed in accordance with paragraphs 3 and 4, nr. 1-3.

(6). The following persons may not be members of the Board of Directors:





1 Persons who rent properties, etc.) to the Business Academy.

2) members of the Board of Directors of foundations, companies, associations or other companies who rent properties, etc. to the vocational Academy, or which control landlord of properties, etc. for Business Academy.

3) Lawyers, accountants or similar counsel to persons who are covered by nr. 1, or for funds, companies, associations or other businesses, which are covered by the No. 2.

4) Employees in senior positions with individuals who are covered by the No. 1, or in foundations, societies, associations or other businesses, which are covered by the No. 2.





(7). Excluded from the scope of paragraph 6 are persons who, pursuant to paragraph 3 are designated by an institution for vocational training.

(8). Are tenancy of a negligible, paragraph 6, nr. 1-4, shall not apply. The Minister may lay down rules to that effect.

Cancellation of udpegningsret

§ 15. Udpegningsret an institution pursuant to section 14, paragraph 3, nr. 2 and 3, to the vocational Academy's Board of Governors will lapse when the





1) seized the institution teaching for vocational college is terminated as a result of refusal or withdrawal of accreditation,

2) seized the institution teaching for vocational college ceases for any other reason than refusal or withdrawal of accreditation, including the laying of teaching to another educational institution, and the Board with 2/3 majority decision about cancellation of designation by the Court or

3) on the accredited environmental not implemented zoned teaching for vocational college and the Board of Directors with 2/3 majority decision about cancellation of designation right.





(2). The boards of the Business Academy and institution for vocational training should be in an agreement on the Division of the basic regulation. section 36, paragraph 7, incorporate provision for lapse of udpegningsret pursuant to section 14, paragraph 3, nr. 1.

§ 16. Board members, who are appointed by the institutions for vocational training, if udpegningsret has lapsed under section 15 (1) (8). 1, resign immediately by the Board of Directors.

(2). Board members, who are appointed by the institutions for vocational training, if udpegningsret has lapsed under section 15 (1) (8). 2 or 3, or lapsed in accordance with an agreement entered into under section 15, paragraph 2, could continue as members of the Board of directors until functional period.

The Board's responsibility for grants

§ 17. The Board is the Minister responsible for the business in the face of the Academy's total business, including for the management of the State grants, etc.

(2). If the Board fails to comply with an order of the Minister of education for the rectification of specified conditions, the Minister may decide,





1) that the Board's tasks or parts thereof for a period of time should be undertaken by persons designated by the Minister, or

2) that the Board should resign so that a new Board will be appointed according to the rules of the Business Academy Statute.





(3). If the Board of directors by its dispositions brings Business Academy's continuation at risk, the Minister may decide that the Board resign immediately, and may in this connection insert a temporary control, pending the appointment of a new Board of Directors in accordance with the rules of the Business Academy Statute.

§ 18. The Board of Directors shall manage the business of the Academy funds, so they turn into the greatest possible benefit for the business purposes of the Academy.

(2). Business Academy is committed to maintain its buildings on a sound level in accordance with a multi-year plan approved by the Board of Directors and to ensure a sound standard of equipment, etc. to the eligible activities.

(3). Vocational college should be the greatest possible account of safety put the cash on one or more of the following ways:





1) in fund assets or debt securities, for which the Danish State or a Danish municipality stands as issuer or guarantor.

2) in fund assets issued by mortgage credit institutions, municipal Credit or other Danish financial institutions under public supervision.

3) As deposits in financial institutions resident in Denmark or in another country within the European economic area (EEA).

4) in securities from an EU/EEA Member State, with the exception of shares and unit trust which, by their nature and safety can be equated to the assets referred to in point 1. 1 and 2.





(4). The Board of Directors may regardless of the provision in paragraph 3, no. 4, taking the utmost account of the security, to the extent necessary, affix the cash resources in cooperative evidence with limited liability or in shares in the Bank, which uses as its usual banking business Academy connection, and in evidence with limited liability cooperative utilities, etc., if erhvervsakademiet thereby achieve economic benefits. Shares and the shares to be disposed of, if the financial institution or change business Academy no longer achieves the intended benefit.

Rector

§ 19. Vocational Academy's top day-to-day management is carried out by the principal within the framework laid down by the Board of Directors. Vocational Academy Rector participates in the meetings of the management board without the right to vote. Rector or principal so requests, may also participate in meetings as needed in other collective compound bodies set up by the Board of Directors, in the Business Academy.

(2). The Rector or Rector authorizes it, hires and dismisses the rest of the staff.


(3). The Rector shall submit the budget to the Board of Directors.

(4). The Rector of the Board of Directors has responsibility for





1) training and other tasks, including the education and training undertaken within zoned teaching, see. § 3 (1), (2). paragraph shall be implemented in accordance with the legislation regulating education or tasks, and the appropriations allotted,

2) it by the Board of Directors approved budget respected and

3) vocational Academy company otherwise in accordance with the Governing Board's decisions and guidelines.





(5). The Rector or Rector authorizes thereto, shall decide on the admission of applicants to education, including the education and training undertaken within zoned teaching, see. § 3 (1), (2). point, and disciplinary action, without prejudice. § 47.

(6). Rector draw Business Academy, with the exception of transactions of real estate.

Education Committee

§ 20. The Board of Directors on the recommendation of the Rector shall establish a training range for each basic training and continuing education, associated as Business Academy is authorized to operate, unless essential considerations speak in order to gather more closely related education as a whole. The Education Committee is tasked to advise the Board, the Rector and the management of the educational area of education content, profile, quality and relevance, as well as on the regional educational coverage. The Education Committee gives recommendations on the curricula within the Committee of the regions to the Board of directors or the head teacher's approval, see. Article 12, paragraph 5.

(2). The Education Committee consists of 10-12 members. The Committee shall be composed of persons with competence in the field of development and quality assurance of education and persons with knowledge of the labour market.

(3). 2 of the members are appointed by and among the employees at the Business Academy and at the Royal Danish Academy of business education on the institutions by zoned teaching, see. § 3 (1), (2). section, conducts courses for vocational Academy. The appointment must be made by and among the employees, who primarily are employed within the Committee of the training area. Members elected by the employees are protected against dismissal and other deterioration of conditions in the same way as Union representatives within the case or similar area.

(4). 2 of the members are appointed by and among the students who are admitted within the Committee of the training area.

The Student Council

§ 21. At each business Academy has students entitled to on the basis of the election to form a Council. The Council shall appoint representatives for the students to committees, etc., as Business Academy has been set up to address issues of importance for students.

Locus standi

§ 22. The decision to bring a lawsuit against the Board members, managers, accountants or other on the occasion of the loss suffered by the Business Academy can be taken by the Board or by the Minister for education.

Chapter 4

Grants, loans, terms, etc.

§ 23. Vocational Academy's funds may only get business Academy's purpose.

(2). Business Academy disposes freely within its purpose through the use of the governmental grants and other income as a whole. However, it is a condition that the teaching and the other tasks, for which subsidy is granted, shall be carried out in accordance with the rules in force and for the number of students who are granted subsidies for. Vocational Academies can save reimbursement for the use intended in subsequent fiscal year.

§ 24. The Minister shall provide vocational Academy institutional grants, which shall be determined at the annual finance laws.

(2). The Minister may award grants to the tasks performed by Business Academy, including development work, videncenterfunktioner and cooperation with research institutions.

(3). The Minister of education to provide grants for the vocational college's administration, leadership, building operation, acquisition and maintenance of premises, buildings and land. The grants are determined by the number of student employees, yearly students and charges for these set out on the annual finance laws for groups of students.

(4). Foreign students on higher education can only be included in the calculation referred to in paragraph 3, provided that such





1) has been granted permanent residence permit or temporary residence permit with possibility of permanent stay in Denmark,

2) has been granted a residence permit in accordance with the Aliens Act section 9 c, paragraph 1, which included kid of a foreigner, which is a national of a country which is not connected to The European Union or covered by the EEA Agreement, on the other hand, is granted a residence permit in accordance with the Aliens Act, section 9 (a) of the basic regulation. However, paragraph 5,

3) is exchanged with Danish students following an agreement between the Business Academy and an institution abroad or

4) under EU law, the functioning of the EEA Agreement or other international agreements to which Denmark has concluded, are entitled to equality with Danish nationals.





(5). A foreign student is covered by paragraph 4, nr. 2, regardless of that parent's residence permit for Aliens Act section 9 (a) is valid for the time of the student's admission to training.

(6). Vocational Academy's provision of higher education to other foreign students than those referred to in paragraphs 4 and 5, as income generating activities.

§ 25. The Minister may impose a Business College for a fee to make any available local capacity at the disposal of other government-funded educational institutions.

section 26. The Minister may, after consultation with the Minister of finance impose a Business College for a period of time to postpone the launch of the planned construction of a certain size, taking into account the nationwide or regional economic regulation of construction company.

§ 27. Grants under this law shall not be granted to cover vocational akademiernes expenses for payment of fees pursuant to the VAT law.

(2). The Minister compensates professional academies for expenditure for payment of fees pursuant to the VAT law, which after the VAT law cannot be deducted on a company's inventory of tax liability (non tax deductible purchase VAT), and as vocational academies incurred by the purchase of goods and services, for which the grant under this law.

(3). The Minister of Education prescribes rules on compensation in accordance with paragraph 2 and can including decide that there must be a acontoordning for VAT compensation to vocational academies.

section 28. The Minister may make loans or grants for vocational academies that have come in a particularly difficult economic situation. Loans or grants shall be subject to the Minister's requirements for teaching vocational Academy follows the restructuring of Business Academy's activity with a view to the recovery of the economy or demand for the conclusion of an action plan.

(2). The Minister may award grants to the costs to be incurred in connection with the merger and demerger pursuant to section 36.

section 29. The Minister shall lay down rules on activity reports, statement of the number of student employees, yearly students and graduates. The Minister may establish minimum and maximum framework for access to education.

section 30. The Minister may lay down rules concerning the terms and conditions for grants and loans. The Minister shall lay down after negotiation with the Minister of finance rules about business akademiernes budget and authorization system and for payment of the grant, including the advance payment, vocational academies. The Minister shall lay down the rules on repayment and control of paid grants.

(2). The Minister may, by the provision of grants for vocational academies provide conditions that promote the purpose of the Act on an active employment action (social clauses). The Minister may lay down rules to that effect.

section 31. Agreements, including rent and property agreements to be concluded on terms which are not inferior to vocational academies than usual market conditions.

(2). The Minister may lay down rules on rent agreements, including in exceptional circumstances decide to rent agreements must be concluded on terms other than those referred to in paragraph 1.

section 32. Business Academy must follow the laid down by the Minister of finance or the agreed provisions on wages and conditions of employment, including pensions for Enterprise Academy's employees.

(2). The provisions of §§ 10 and 19-25 of the law on civil servants shall apply to the staff at the vocational Academy, who are employed on terms equivalent to civil service terms. Article 21, paragraph 4, of the law on civil servants, shall apply by analogy to members of the professional akademiernes boards.

(3). Decision on suspension, the launching of the official investigation, the designation of the interrogator, the imposition of disciplinary punishment and the construction of the libel action taken by the Board of Directors.

section 33. The Minister may, in respect of vocational academies who do not follow the provisions of this Act or the rules or agreements referred to in article 6. section 32, which is provided or entered into under the Act or the Education Minister's injunction, temporarily withhold grants, let grants be canceled in whole or in part, or to demand reimbursement repaid in whole or in part.


(2). The Minister may withhold grants to a business college or let grants be eliminated for vocational Academy, if there is filed for bankruptcy against erhvervsakademiet if erhvervsakademiet stops his payments, or when there is a danger that the vocational Academy's activities must be set.

(3). The Minister may require subsidies paid, if the basis for the calculation of the grant or subsidy calculation, incidentally, have been erroneous. Too much paid grants can be offset in future grant payments.

Chapter 5

Asset management, accounting and auditing

§ 34. Vocational Academy's financial year is the financial year. At the end of the financial year are drawn up an annual report. The annual report must be signed by the Board of Directors and President. In connection with the submission of the annual report to the Ministry of education of the members of the Management Board must make a Declaration on their honour stating that they meet the conditions for being members of the Board of Directors.

(2). The business of the Academy shall be audited by the Auditor General pursuant to section 2, paragraph 1, of the law on the revision of the State's accounts, etc. Also shall be appointed by the Board of Directors of erhvervsakademiet an internal auditor, who shall be chartered or registered auditor to perform the audit in accordance with the rules laid down by the Minister for education after the negotiation with the Auditor General. The Management Board shall inform the Ministry of education and the Auditor General on the designated internal auditor and on change of internal auditor.

(3). The Minister for education and the Auditor General may, within the meaning of section 9 of the Act on the audit of State accounts, etc. Agreement, to audit tasks carried out in a defined cooperation between the auditor and the internal auditor referred to in paragraph 2. The Auditor General may require the Board to appoint a second internal auditor to perform this audit assignment, if the internal auditor is not satisfactorily meet the requirements of the rules on internal audit, which is provided pursuant to paragraph 2 2. paragraph, or otherwise does not comply with the duties as internal auditor.

(4). The Minister shall lay down rules on the content of the annual report and vocational Academy's accounting.

(5). Meet the internal auditor not satisfactorily the requirements to the review under this Act or rules thereunder, or overrides, incidentally, his duties as auditor, Auditor, the Minister may impose on the Board within a specified time limit to appoint another auditor.

(6). The Minister of Education prescribes rules on auditor's verification of vocational college's information for use in the calculation of government subsidies.

section 35. The Management Board shall ensure that the internal auditor meets the law's requirements on statutory auditors ' independence.

(2). The Board must not assume an accountant, who at the same time, the auditor of the landlord of the premises, etc., as Business Academy uses, or for funds, companies, associations or other undertakings that control landlord, unless the rent ratio is of negligible. The Minister may lay down rules about when the rent ratio is of negligible.

Chapter 6

Merger, Division and termination

§ 36. The Minister may, upon a proposal from the boards allow aggregation of two or more professional academies. By aggregating dissolve business academies without liquidation by transfer of their activities, assets and liabilities to the new business Academy.

(2). The Minister may, upon a proposal from the boards allow a Business College at Division entrusts parts of its activities and its associated assets and liabilities to another business Academy.

(3). The Minister may, upon a proposal from the boards allow an institution for vocational training by splitting transfer activities, assets and liabilities relating to one or more business Academy training and continuing education with its videncenterfunktion as a whole or a part thereof for a business Academy.

(4). The Minister may, upon a proposal from the boards allow the creation of a new vocational Academy by the merger of an institution for vocational education with a vocational Academy, if the main activity of the institution for vocational education and training is higher education. The Minister may, on application, approve the derogation from section 14, paragraph 3. The Minister may mark the occasion lay down conditions for the approval of the derogation.

(5). It is a condition of a permit in accordance with paragraphs 1 to 4, that the merger or Division does not take place restrictions on existing rights. In the staff regulations for vocational college must be included provisions guaranteeing any statutory rights to a vocational Academy property when the lease is not triggered by the merger or demerger.

(6). Merging and splitting can be carried out without the consent of the creditors.

(7). The Minister may lay down rules on mergers and divisions in accordance with paragraphs 1 to 4, including whether the content of the agreements for the merger or demerger.

(8). The Minister may lay down rules, under which chapter 15 of the companies act shall apply mutatis mutandis on the merger and demerger. 1)

section 37. The Minister may permit another public or private institution with a range equivalent to vocational college's offerings are part of an amalgamation under section 36 with a business Academy.

section 38. The Minister may, after consulting the professional Academy's Board of Governors may decide to shut down a business Academy, if the Minister is of the opinion that the Business Academy after an overall assessment does not meet the conditions laid down in accordance with the law, or that there is no longer any need for Business Academy.

§ 39. Assets derived from a vocational college falls to the Treasury upon termination, without prejudice. However, paragraph 2. Gifts donated to Business Academy is the property of the State Treasury, without prejudice to the General rules of Danish law.

(2). Vocational academies, incorporating a net worth from an approved educational institution, who on 31 December. December 1990 was an independent institution, the share of vocational college's net asset value, which corresponds to the institution's net asset value calculated per 31. December 1990, to the purpose, which was laid down in the staff regulations on 1 January 2007. January 1991.

(3). Gifts in the form of movable property, real estate and construction grants for property that is donated to the educational institutions referred to in paragraph 2 after the 1. January 1991 until amalgamation into a vocational Academy, used for the purposes set out in the staff regulations on 1 January 2007. January 1991.

(4). The Minister may lay down rules on the inventory of assets in accordance with paragraphs 1-3.

§ 40. Civil servants who are employed by an educational institution, or staff at the educational institution, who are employed on civil servant-like conditions, by merger or demerger pursuant to section 36, paragraph 1-4 and § 37 choose to maintain their employment relationship as State officers or hiring at official similar conditions during the execution of the work by the institution to which the employees are transferred from the merger or the Division.

(2). The official or staff who are employed on civil service terms, has no similar requirement on the waiting money, rådighedsløn or pension as a result of the merger or Division and has a duty to abide by the changes in its scope and nature stores, service as a result of this merger or demerger.

(3). The institution to which the official is transferred by the merger or demerger, preventing wage costs and pays pension contributions to the Treasury for such officials, including any costs of wait money, rådighedsløn and after income of salary. Costs of current pension shall be borne by the State. In the event of termination of the institution are also held any expenditure to wait money or rådighedsløn and after income of salary by the Treasury, if it is discontinuing the institution does not have the means to defray the expense.

Chapter 7

Supervision and quality assurance

§ 41. The Minister oversees vocational academies and can obtain the necessary information for this use.

(2). If the Minister finds that a vocational Academy activities are not in accordance with this Act or the rules or agreements established or entered into under the Act, the Minister may issue orders to the vocational Academy to change the undertaking concerned.

(3). The Minister may require the Board to enter into an agreement with the Minister's efforts if the Minister finds that it is needed in relation to the vocational college's quality management. Action agreement must, among other things. set targets for quality control and the measures needed to rectify the inadequate quality.

§ 42. If it of the auditor's report or otherwise evidenced the existence of offences or other unacceptable conditions in relation to the management of vocational college's funds, the Minister must without delay initiate measures to the re-establishment of a legitimate and sound management.

section 43. The Minister may lay down rules on the quality assurance of vocational academies, including on quality assurance systems.

Chapter 8

Disclosure obligations


§ 44. The Minister may obtain all necessary information from the vocational academies of education, students, employees, equipment, rent agreements, agreements on property purchase and other agreements and on business incidentally to the use akademiernes operation for the determination of subsidies, review of annual reports, the implementation of the monitoring and compilation of statistics. The Minister may decide that such information shall be supplied in electronic form, including lay, in which format the delivery needs to happen. The Minister may lay down rules to that effect.

(2). The Minister may provide for vocational academies must apply common administrative systems. The Minister may lay down rules to that effect.

§ 45. The Minister may lay down rules on electronic communications between the Business Academy and the Ministry of education, between the Business Academy and other public authorities and educational institutions covered by the Ministry of law, as well as between the Business Academy and the users thereof, including on the use of digital signature.

(2). Vocational academies to ensure that other information about vocational academies in an easily accessible way is illuminated on the vocational akademiernes website on the Internet. The Minister may lay down rules to that effect.

Chapter 9

Other provisions

§ 46. The Minister may, in accordance with the negotiation with the Minister of science, technology and innovation to empower University and property agency to carry out the administration of rent contracts and buildings, which are made available to Business Academy, and as the Ministry of education on 1. January 2007 has taken over from the county municipalities of Copenhagen and Frederiksberg Municipalities and regional municipality of Bornholm.

Chapter 10

The students ' behaviour and access to justice

§ 47. The Minister may lay down rules on vocational Academy access to lay down guidelines for student behavior and for business akademiernes access to carry out disciplinary measures against students who do not comply with the guidelines, as a business Academy.

section 48. The Minister may lay down rules to the effect that the complaints of the Business Academy's decisions can be referred to the Minister for education, including on complaint deadline or that special decisions cannot be challenged before the Minister of education.

(2). Legal issues relating to decisions on a student's legal status can always be referred to the Minister of education.

Chapter 11

Entry into force, transitional provisions and changes in other laws

§ 49. The law will enter into force on 15. May 2008.

(2). Partnership agreements in accordance with section 6 or section 5 a of the Act on higher education university colleges as amended by this Act, section 57, no. 3, can be concluded with effect until 1 January 2008. January 2015.

(3). section 27 of the law on the University colleges of higher education, as amended by this Act, section 57, no. 8 and 9, have effect for the institutions ' Declaration of VAT compensation for fiscal year 2007 and later.

Creation of vocational academies

§ 50. The Minister for education creates the 1. September 2008 or as soon as possible thereafter until ten business academies. Vocational academies start 1. January 2009 performance of the tasks for which they are taking over from institutions for vocational training, see. § 53. The Minister may, by means of creation decide that two or more vocational academies jointly tasked to cover the need for education in the same geographic coverage area, see. § 4 (1), (2). point, if the Minister no later than the 1. June 2008 has received a common recommendation to that effect from the boards of the institutions for vocational training, which belong in the common geographical scope, and meet the requirements laid down in paragraph 3. The said boards should also make a joint recommendation to the Minister, to which vocational Academy you mentioned institutions for vocational training each shall entrust tasks pursuant to section 53.

(2). The Minister of education shall determine for each business Academy an interim statute, which applies to vocational Academy, until there is established and approved a statute pursuant to § 11.

(3). By the creation of a vocational college shall set up boards of institutions for vocational training in accordance with the temporary status a Board for the Business Academy, as institutions for vocational training under section 53 shall entrust tasks to. An institution for vocational training may appoint at least one member of the Board of Directors of the respective business Academy, under the following conditions:





1) Institution is per 30. April 2008 approved to provide one or more vocational college education or vocational training, or have been approved for the provision of one or more technical or commercial craft bacheloruddannelser with related continuing education.

2) the institution has in the 2. quarter of 2008 received grants from the Ministry of education for one or more of the in no. 1 the said training activities.

3) the institution's Board of Directors, within the 15. June 2008 the Minister for announcement





(a)) that the institution not later than the 31. December 2008 will conclude an agreement with the professional Academy of the institution implements vocational college education and continuing education as zoned teaching for vocational college,

(b)) to the institution with effect from 1 January. January 2009 by cleavage will assign activities, assets and liabilities to a vocational college under section 36, paragraph 3, or

(c)) that the institution with effect from 1 January. January 2009 will be combined with a business Academy under section 36, paragraph 4.









§ 51. The Board has responsibility for ensuring that the Business Academy at 1. January 2009 can begin carrying out the tasks which it takes over from institutions for vocational training.

(2). The Board of Directors shall appoint as soon as possible after its reduction Business Academy's headmaster. In the period until the employees Rector joins, handled vocational Academy's top day-to-day management of a Rector, as the Board of Directors without opening the body temporarily to do so. The provision in section 12 (3), 2. paragraph shall not apply at this provisional Constitution.

§ 52. The Minister may obtain all necessary information from the designation of eligible institutions for vocational education and training and the new Board of the importance of the creation and of Business Academy. The Minister may decide that such information shall be supplied in electronic form, including lay, in which format the delivery needs to happen. The Minister may lay down rules to that effect.

§ 53. An authorisation for the provision of one or more business college education or one or more continuing education programs with associated videncenterfunktion and an authorisation for the provision of one or more technical or commercial craft bacheloruddannelser with associated training and further education as well as videncenterfunktion are released per 1. January 2009 to Business Academy in the geographical area in which the relevant tender approved institution for vocational education belongs. It is a condition that is between the Business Academy and the contract approved institution not later than the 31. December 2008 agreed that the institution for vocational education in whole or in part responsible for the teaching of the relevant training for vocational Academy, see. § 3 (1), (2). point the same applies if an institution for vocational training with effect from 1 January 2002 at the latest. January 2009 by Division has transferred part of its activities with the related assets and liabilities to a vocational college under section 36, paragraph 3, or is combined with a business Academy under section 36, paragraph 4.

(2). For institutions for vocational training, which are covered by section 50 (1), (3). paragraph, shall apply to authorisations for the provision after paragraph 1 passes to the Business Academy, which in sti tu tio ner ne on vocational training has taken a common position on handing over to under section 50 (1), 4. PT.

(3). For institutions for vocational education, other authorisations for the provision of the training referred to in paragraph 1 shall be repealed with effect from the next record.

(4). A business Academy, who takes over the approvals for the provision of technical and mercantile profession bacheloruddannelser with related continuing education, see. paragraph 1 shall, not later than 31 December 2006. December 2008 enter into a partnership with a University College, see. § 6. Included business Academy is not in a partnership as indicated, lapse the approvals for the provision, which is released for vocational Academy in accordance with paragraph 1, with effect from the next record.

§ 54. A student who is admitted on a higher education at an institution for vocational training, released on 1 January 2007. January 2009 to be recorded on the same training at the vocational Academy, if approval for the provision of the training in question are released for vocational Academy pursuant to section 53 (1) and (2).


(2). A student who is admitted on a higher education at an institution for vocational training, if approval for the provision of the training in question has lapsed pursuant to section 53 (3) and (4), 2. point, retains its inclusion in education at the institution for vocational training with a view to the completion of it. The students, however, have the right to be admitted to the relevant education at a Business College, which has approval for the provision of training.

§ 55. The Minister may determine that the value added funding grants for educational activity, buildings and common costs of higher education from the 1. January 2009 paid to vocational academies. However, this does not apply to value added funding grants for educational activity on open education in 4. quarter of 2008.

(2). The Minister may determine that the value added funding grants for educational activity, buildings and common costs shall be paid to the institutions of vocational education, where students under section 54 (2), complete their education.

(3). The Minister may upon application from vocational academies provide grants for special start-up costs.

Changes in other laws

§ 56-60. (Omitted)

Faroe Islands and Greenland

section 61. The law does not apply to the Faroe Islands and Greenland.




Act No. 516 of 12. June 2009, if section 20 amends the wording of section 36, paragraph 8, shall have the following effective determination:



§ 25

Stk1. Minister for economic and Business Affairs establishes the time of the entry into force of the law.

Paragraphs 2 to 4. (Omitted)




Act No. 537 by 12. June 2009, who inserted Chapter 2 (a), shall have the following effective determination:



§ 8

The law shall enter into force on the 1. July 2009.




Act No. 590 of 26. June 2009, which inserted article 24, paragraph 4, nr. 2 and 5 and changed the wording of paragraph 6, have the following effective determination:



§ 8

The law shall enter into force on the 1. July 2009.
The Ministry of education, the 8. September 2009 Bertel Haarder/Per Bitz Jackson Official notes 1) Until the change in section 20 of the Act No. 516 of 12. June 2009 is put into effect by the Minister for economic and business affairs, is provided for in section 36, paragraph 8, sålydende: "the Minister may lay down rules, under which the Danish public companies Act Chapter 15 shall apply mutatis mutandis on the merger and demerger."