Higher Education Act (HEdA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Implementation
Art. 67 Implementing provisions
The Federal Council shall issue implementing provisions if implementation of this Act falls under its area of authority.
Art. 68 Declaration on the generally binding nature of intercantonal agreements relating to the higher education sector
The declaration on the generally binding nature of intercantonal agreements relating to the higher education sector is based on Article 14 of the Federal Act of 3 October 2003. on Fiscal Equalisation and Cost Compensation
SR 613.2
Art. 69 Evaluation
1 Every four years, the Federal Council shall provide the Federal Assembly with a report on: a. the effectiveness of public expenditure; b. the effects of the funding system on the finances of the Confederation and the Cantons, on their higher education institutions, on disciplines and on other higher education institutions referred to in this Act; c. the competitiveness of higher education institutions; d. the employability and activities of graduates after completion of their higher education studies. 2 It shall first hear the Higher Education Council.
Art. 70 Recognition of foreign qualifications
1 On request, the competent Federal Office shall decide whether to recognise a foreign higher education qualification as being valid for work in a regulated profession. 2 The recognition of equivalence may be delegated to a third party; the third party may charge a fee for its services. 3 The authority of the cantons over recognition of foreign qualifications relating to professions regulated at intercantonal level shall remain reserved.
Art. 70 — Amended by No I of the FA of 30 Sept. 2016, in force since 1 Feb. 2017 (AS 2017 159; BBl 2016 3089).
Section 2 Repeal and Amendment of Current Legislat
Art. 71
The repeal and amendment of current legislation are regulated in the Annex.
Section 3 Transitional Provisions
Art. 72 Adjustment of contribution rates
1 If the level of average annual basic contributions determined by the Confederation for the first time under this Act is considerably different from the level effectively paid on average to cantonal universities and universities of applies sciences within a four-year period under previous legislation, then the Federal Council shall request an adjustment of the contribution rates under Article 50 when it submits the first budget appropriation request for basic contributions under this Act. 2 The Federal Council shall establish the four-year funding period and the relevance criteria under paragraph 1. 3 It shall first hear the Plenary Assembly.
Art. 73 Admission to universities of applied sciences
1 Until decided by the Higher Education Council, admission to universities of applied sciences is subject to the conditions set forth in paragraphs 2–4. 2 Examination-free admission to Bachelor’s degree programmes in the fields of engineering and information technology, architecture, construction and planning, chemistry and life sciences, agriculture and forestry, business and services and design at universities of applied sciences shall require: a. a Federal Vocational Baccalaureate issued on completion of a VET programme for an occupation relating to the desired field of study; b. a Federal Baccalaureate or federally recognised baccalaureate and at least one year of work experience that has enabled the prospective student to gain practical know-how and knowledge in an occupation relating to the desired field of study. 3 The following relevant decrees adopted on 31 August 2004 apply for admission to Bachelor’s degree programmes in the fields of health, social work, music, theatre and
Para. 3 — Not published in the Official Compilation of Federal Legislation. The text of these decrees may be consulted at the State Secretariat for Education, Research and Innovation (SERI), Einsteinstrasse 2, 3003 Bern or viewed online at www.sbfi.admin.ch .
Art. 74 Cohesion contributions
1 In the first years following commencement of this Act, an average of six per cent of funding allocated for basic contributions may be used in support of higher education institutions whose basic contributions fall by more than five per cent as a result of the changes made to funding calculation methods. 2 The awarding of cohesion contributions shall be digressive and shall cease no later than eight years following commencement of this Act.
Art. 75 Entitlement to contributions and accreditation
1 Higher education institutions and other institutions within the higher education sector must seek institutional accreditation no later than eight years following commencement of this Act. 1bis The application for entitlement to contributions must be submitted within a month after institutional accreditation is granted. 2 The entitlement to contributions by virtue of the Federal Act of 8 October 1999 on University Funding and Cooperation in the Field of University Education (University Funding Act, UFundA) and the Federal Act of 6 October 1995 on the Universities of Applied Sciences (Universities of Applied Sciences Act, UASA) remains in effect until the Federal Council decides on the entitlement to contributions under the present Federal Act. Universities of teacher education, federal institutes of technology and other federal higher education institutions shall retain their entitlement to project contributions until the institutional accreditation decision is made by the Swiss Accre
Para. 1bis — Inserted by No I of the FA of 30 Sept. 2016, in force since 1 Feb. 2017 (AS 2017 159; BBl 2016 3089). Para. 2 — [AS 2000 948, 2003 187 Annex No II 3, 2004 2013, 2007 5779 No II 5, 2008 307 3437 No II 18, 2012 3655 No I 10] Para. 2 — [AS 1996 2588, 2002 953, 2005 4635, 2006 2197 Annex No 37, 2012 3655 No I 11] Para. 2 — Amended by No I of the FA of 30 Sept. 2016, in force since 1 Feb. 2017 (AS 2017 159; BBl 2016 3089).
Art. 76 Right to use reserved designations and sanctions
For higher education institutions and other institutions within the higher education sector that are not institutionally accredited under this Act or are not deemed institutionally accredited under Article 75 paragraph 3, the right to use reserved designations and the corresponding criminal and administrative law penalties shall be based on previous legislation for a period of up to eight years following commencement of this Act.
Art. 77 Pending applications
1 Applications that were pending at the time of commencement of this Act shall be examined on the basis of the new legislation. 2 The Federal Council may make exceptions in justified cases.
Art. 78 Protection of acquired UAS titles
1 The titles of federally recognised UAS degrees, Bachelor's degrees, Master's degrees or Master of Applied Sciences (MAS) degrees under previous legislation remain protected. 2 The Federal Council shall establish the procedure for the transfer of recognised professional education institutions to universities of applied sciences as well as the titles that may be used by alumni of these professional education institutions. 3 The competent Federal Office shall see to it that titles awarded under previous legislation are converted accordingly. It may delegate this task to third parties. These parties may charge fees for the services provided.
Para. 2 — Amended by No I of the FA of 30 Sept. 2016, in force since 1 Feb. 2017 (AS 2017 159; BBl 2016 3089). Para. 3 — Inserted by No I of the FA of 30 Sept. 2016, in force since 1 Feb. 2017 (AS 2017 159; BBl 2016 3089).
Art. 79 Previous cantonal agreements relating to universities of applied sciences
For a period of five years following commencement of this Act, cantonal governments may issue ordinances for the purpose of making adjustments to their legislation on universities of applied sciences, provided these adjustments are absolutely necessary.
Art. 80 Continued validity of provisions from the University Funding Act and the UAS Act
In the event of commencement under Article 81 paragraph 3, the Federal Council may decide that the following provisions shall remain applicable for no more than five years: a. University Funding Act of 8 October 1999: the provisions on federal contributions (Art. 13–21) and Article 23; b. UAS Act of 6 October 1995: the provisions on federal contributions (Art. 18–21) and Article 23.
let. a — AS 2000 948, 2003 187 Annex No II 3, 2007 5779, 2012 3655 let. b — AS 1996 2588, 2005 4635
Section 4 Referendum and Commencement
Art. 81
1 This Act is subject to an optional referendum. 2 The Federal Council shall determine the commencement date. 3 It shall establish the provisions on coordination of the entire Swiss higher education sector and the allocation of tasks (Chap. 6; Art. 36–40), on funding (Chap. 7; Art. 41–44) and on federal contributions (Chap. 8; Art. 45–61) no later than five years after the remaining provisions go into effect. Commencement Date:Articles 1–35, 45, 46 and 62–81 on 1 January 2015;Articles 36–44 and 47–49, 51–61 on 1 January 2017;Article 50 on 1 January 2020.
Para. 3 — FCD of 12 Nov. 2014. Para. 3 — FCD of 23 Nov. 2016 (AS 2016 4855).