Code of Conduct International Student Higher Education

1. Definition

Agent:

An individual, company or other organization that provides services on a contractual basis to (prospective) international students desiring to study in the Netherlands, or that provide services to education institutions organize information activities and recruit international students.

Parties concerned:

The international student, the higher education institutions, the Netherlands Association of Universities of Applied Sciences (Vereniging Hogescholen), the Dutch Council for Training and Education (NRTO) and the Universities of the Netherlands (UNL), as well as the Ministries of Foreign Affairs (BZ), Education, Culture and Science (OCW), Social Affairs and Employment (SZW), and Justice and Security (JenV).

Code of Conduct:

This document.

Registration:

The administrative action by the education institution upon the request of the admitted international student with the ensuing rights and obligations related to following education programmes.

International student:

An EU or non-EU student with a non-Dutch nationality. Regarding a third-country national, a student who continues, will continue or has continued their full-time study programme at a higher education institution in the Netherlands based on a residence permit granted to this effect.

Umbrella organizations:

Vereniging Hogescholen, NRTO and UNL.

National Commission:

The Commission, as referred to in Section 8.

Education:

All higher education – including preparatory education and premasters – offered to international students by or under the higher education institution's responsibility.

Education institution:

An institution that:
- is funded according to the WHW, has been designated or is a legal entity providing higher education and that:

- provides higher education, accredited as referred to in Article 6.2, or

- is being subsidized within the framework of Article 2 of the Ministry of Foreign Affairs (Grant) Framework Act (Kaderwet subsidies Ministerie van Buitenlandse Zaken) and the Ministry of Foreign Affairs Grant Regulations 2006 (Subsidieregeling Ministerie van Buitenlandse Zaken), and

- that has signed this Code of Conduct and is registered as a participating institution by the Register Administrator.

Premaster:

A – customized – programme offered to international students to be admitted to the master’s programme.

Private provider of preparatory education:

An organization or company that provides services on a contractual basis to an education institution by organizing programmes for international students to prepare themselves for studying at an institute of higher education.

Proportional nominal study load:

The nominal study load for one academic year (registration period).

Reference period:

The period in which an international student has been granted a residence permit for studying at the same education institution.

Register:

The public Register of higher education institutions that have signed the Code of Conduct that the Register Administrator maintains.

Register Administrator:

The Education Executive Agency (Dienst Uitvoering Onderwijs).

Admission to the study programme:

The positive outcome of the evaluation by the higher education institution of at least preparatory education, language skills and diplomas of the international student who requests admission and registration for a specific study programme.

Language Tests Assessment Committee:

The Committee, as referred to in Section 5.

Exchange student:

An international student who continues, will continue or has continued their study programme at a higher education institution in the Netherlands in the context of an exchange programme for at least 3 months up to 12 months and who will not be enrolled and graduated as a regular student.

Third-country nationals:

Individuals from other countries than Switzerland or the Member States of the EU/EEA who continue or will continue a full-time study programme at an education institution established in the Netherlands.

Preparatory education:

The programme that covers the deficient subjects, including the preparatory language skills programme, initially lasting one year, which is offered to international students by or under the higher education institution's responsibility with the aim of admission to the regular degree programme.

2. Information provision

2.1 

The education institution shall provide, amongst others through its website, timely, reliable and easily accessible information to international students about the study programmes offered and practical details relating to living in the Netherlands, covering at least:

a. The accreditation of the study programme as referred to in Section 6.2. In case the accreditation has been carried out by an organization other than the NVAO, international students will be informed about the international legal regulation that is invoked to grant the degree, in which country that regulation is in force, which international institution grants the degree and that the programme does not lead to a degree based on the Dutch Higher Education and Research Act (WHW);

b. A description of the study programme, the certificate that will be obtained, and the legal status of the certificate including the examination regulations (or comparable regulations) or a summary thereof;

c. The admission requirements of the study programme, including policies for admission and registration and the associated costs as referred to in Sections 3, 4 and 5;

d. The language of instruction;

e. Possible supplementary charges required by the higher education institution from the
international student for the abovementioned services or for services as referred to in
Sections 3, 4, 5 and 6;

f. The standardization of the student progress as referred to in Section 6;

g. Housing and the Dutch housing situation, how to take out a health insurance policy and open a Dutch bank account;

h. This Code of Conduct.

Furthermore, the education institution shall provide a description of the knowledge and skills the international student will have acquired after successfully completing the study programme.

2.2 

The information provided by the education institution to the international students based on this Code of Conduct shall either be in English, the language of instruction or the international student’s native language.

2.3 

The higher education institution shall ensure that its advertising and presentations indicate the nature of the higher education institution and its education programmes. In this, in its information and when recruiting international students, it shall act following the rules and standards laid down by the Netherlands Advertising Code Committee (Nederlandse Reclame Code Commissie) in the Advertising Code, in particular in the General Code (I) and the Special Advertising Code for Courses (II-b). The higher education institution shall use a name in the English language that reflects the nature of the institution.

3. Agents

3.1 

If the education institution commissions an agent to provide information to and recruit
international students, the education institution shall record the arrangements in a written agreement with the agent. The education institution shall ensure that the agent acts in agreement with and in the spirit of this Code of Conduct. The information, recruitment and selection process can be contracted out partly or wholly, but the education institution shall remain responsible for the admission of international students.

3.2 

The written agreement between the education institution and the agent shall include at least:

a. The responsibilities;

b. The tasks, roles and obligations of both parties;

c. The conditions for admission to the study programme, and in the case of preparatory education, the requirements for progression to the envisaged study programme;

d. The payment of possible recruitment and broker costs to the agent;

e. The obligation to evaluate the collaboration at least once every four years;

f. The National Commission’s right of inspection of the agreement (see Section 8).

3.3 

The education institution only hires agents with extensive knowledge of the Dutch higher education system needed to provide information and to recruit. The education institution shall ensure that its agent has access to current and adequate information about the institution's education programmes.

3.4 

The higher education institution shall terminate the collaboration if an agent behaves in a negligent, careless or incompetent manner or is involved in false, misleading or unethical advertising and recruitment. Such behaviour may include activities that can damage the good name of Dutch higher education. The higher education institution also regularly informs itself of the experiences of international students.

3.5 

Upon request of the National Commission, the education institution provides the agreement it has with the agent for inspection.

4. Private providers

4.1 

Everything stipulated in Section 3 regarding the collaboration with agents shall equally apply to the partnership with private providers unless specified otherwise in this Section.

4.2 

The education institution and the private provider will prepare a plan together that includes at least the following items:

a. The information and recruitment strategy;

b. A list of countries;

c. The admission requirements for the preparatory education;

d. An overview of the admission and post-admission procedures that include the institution's tasks, roles and obligations and those of the provider.

4.3 

Together with the private provider, the education institution will prepare a joint structure to guarantee the quality of the preparatory education that includes at least the following items:

a. A description of which preparatory programme links to which study programme or programmes;

b. A description of the curricula and the associated examinations and how these align with the education institutions’ study programmes;

c. The evaluation system;

d. The structure of adapting the curriculum.

4.4 

During the preparatory programme, the education institution and the private provider will promote the integration of international students into the envisaged study programme.

4.5 

The education institution and the private provider will collaborate to evaluate at least once every four years. The following subjects will be covered:

a. The intake in the preparatory programme against the progression to the envisaged study programme at the education institution;

b. The study success rate in the preparatory programme and the study programme at the education institution;

c. The admission requirements of the preparatory programme;

d. The relation between the preparatory programme and the education institution’s internationalization vision;

e. The development of the collaboration.

5.1 Admission to and registration in the study programme

5.1 

When an international student applies for registration with a higher education institution, their admissibility will be assessed. The assessment will include at least the required preparatory education and sufficient language skills (see Section 5.2). The education institution will determine the preparatory education requirements before the recruitment of international students for the study programme in question and check whether the international student has satisfied the requirements before admission.

5.2 

Concerning the education it offers to international students, the education institution will determine the minimum language requirements that the international student must meet and make sure that they have satisfied these requirements.

For study programmes in Dutch, the international student must be sufficiently proficient in the Dutch language to successfully continue the programme, as stipulated in Article 7.28.2 WHW. The English language requirement for international students who apply for an English language study programme is a certificate of a language test with a minimum score as referred to in the Language Tests Appendix to the Code of Conduct that applies for fulfilment of this provision. The Appendix is published on the website of the Code of Conduct. The scores for each education level in the Appendix are the minimum requirements. The education institution may require a higher score on admission.

The language tests included in this Appendix meet the Code of Conduct Organizational and Process Requirements, Product Requirements Standard for Language Tests (hereafter: Standard for Language Tests) as developed by Hobéon, ordered by the National Commission and the umbrella organizations. The standard is published on the Code of Conduct’s website.

5.3 

The Standard for Language Tests specifies the following:

a. The Standard’s objective, method and assessment procedure, the conditions and the validating body;

b. The requirements for the process of the authority that develops and administers a test;

c. The requirements for the organizational set-up of the authority that develops the language tests;

d. The requirements for a particular test instrument.

5.4 

The umbrella organizations will set up an Assessment Committee which has a representative of each of the umbrella organizations. The umbrella organizations will authorize the Assessment Committee to decide on applications for inclusion in the Language Tests Appendix to the Code of Conduct.

The Assessment Committee will decide based on an advisory report by Hobéon or other validating body that fulfils the requirements of the Standard for Language Tests. In principle, the Assessment Committee will follow the validating body’s advice. The Assessment Committee can only decide to deviate from the advice stating its reasons.

The Assessment Committee also has the power to remove a test from the Language Test Appendix if the provider has not applied for a reassessment within six years, if the reassessment shows that the provider or the language test do not or no longer meet the Standard, or in the case of serious emergencies.

The Assessment Committee will annually issue a report stating the number of assessments carried out by the validating bodies and its results.
 

5.5

In the case that a test provider disagrees with a decision by the Assessment Committee, they can appeal to the National Commission. The appeal procedure can be found in the Language Overview Appeals Regulations.

5.6 

To the online language tests included in the Language Test Appendix to the Code of Conduct applies that such online language tests may only be administered as an exception. An exception is when the prospective international student or the international student cannot use a regular language test as meant in the Language Test Appendix to the Code of Conduct because the onsite language test centre cannot be reached or is closed because of unsafe situations in that country.

5.7 

If a higher education institution has reasonable doubts about the language test certificate, and consequently about the international student’s English proficiency, the higher education institution shall have the test provider verify the certificate. When the certificate cannot be verified or proves to be fraudulent, the institution shall reject the certificate.

5.8.a 

Contrary to Section 5.2, a higher education institution may exempt international students who have had their preparatory education in English from taking a mandatory language test. It also applies to students with an International Baccalaureate Certificate for English A Language and Literature. The National Commission may request that the higher education institution provides a statement from the NUFFIC confirming that the preparatory education has been followed in the English language. Furthermore, a higher education institution may exempt an international student from having to take a mandatory language test in case the student obtained a diploma of secondary education in a country listed in the diploma list drawn up on behalf of the associations of institutions of higher education, as published on the website of the Code of Conduct.

5.8.b 

In case of an exchange programme for a study programme in English as well as a joint, double or multiple degree programme in English, the agreement between the transmitting and receiving institution will contain arrangements in respect of the minimum level of English. The agreement must be consistent with the standards set out in Section 5.2. Upon request of the National Commission, the higher education institution provides the agreement with the transmitting institution for inspection.

5.3.c 

The higher education institution for applied science programmes in arts may refer to modified requirements for the level of English language skills. This concerns art study programmes of the module Language and Culture registered in RIO. Concerning these study programmes, additional legal requirements (Article 7.26a WHW) apply, primarily in connection with the required artistic quality. These study programmes assess the English language skills within the framework of the selection process and are therefore exempted from the obligation to take a language test as described in Section 5.2. Given the unique nature of these study programmes, the university board will determine the desired language level and set it out in the Education and Examinations Regulations.

5.9 

If the international student does not meet the requirements set out by the higher education institution, the higher education institution shall notify the international student in writing, motivating any refusal to admit or register the international student. The higher education institution will also indicate any legal remedies the international student can resort to concerning the refusal.

5.10 

The international student will pay the study costs and any admission fees to the education institution. Payment for joint, double or multiple degree programmes must be made to the appointed (international) education institute.

5.11 

The education institution may charge a fee for assessment of language skills, preparatory education, and diplomas.

5.12 

The higher education institution making the admission or registration to the study programme contingent on the successful completion of preparatory education or a premaster shall ensure beforehand that the international student can be expected to successfully complete the preparatory education or the premaster.

5.13 

As part of each registration process, the higher education institution will request the admissible third-country national to agree in writing with the procedure used by the higher education institution to report the third-country national to the IND (whether or not with prior notice), in case the registration is terminated or after having established that the third-country national has not made satisfactory student progress as referred to in Sections 6.5 and 6.6.

6. Offers and assistance to international students

6.1 

The education institution shall meet the national legal requirements that apply to the institution.

6.2 

The institution will offer international students only duly accredited degree education within the meaning of the WHW. The institution may only offer international students higher education accredited by the NVAO.

Furthermore, a programme can be offered for which the degree is based on an international legal regulation meant in Article 15.7.1.c WHW, provided that in the information to prospective students and students as well as the degree (on the certificate) mention will be made which degree the programme awards and which international regulation it is based on.

Note 1: The term international legal regulation refers to a regulation of a country (not being the Netherlands) used to award a Bachelor’s or Master’s degree.

To assess this, the Register Administrator or the National Commission may seek external advice.

Short-term programmes at higher education level – not meaning preparatory education or a premaster – may also be offered to international students, as long as it is made up of modules that are part of accredited programmes that the same institution offers.

Preparatory education as defined in Section 1, initially with a duration of one year, may also be offered to the international student. The precondition is that preparatory education or a premaster is needed to fill deficiencies so the student can be admitted to an accredited Bachelor’s or Master’s degree programme. Education institutions are not allowed to offer preparatory education in combination with a degree programme with a fixed quota.

6.3 

The education institution will ensure that its teachers have a sufficient command of the language of instruction.

6.4 

The education institution will specify in its information material in accordance with Section 2.1 which services it provides to international students with respect to obtaining a visa and a residence permit, housing, introduction and assistance, and the associated costs.

6.5 

At the end of each academic year, the institution shall determine the annual student progress of third-country nationals, except for exchange students. Satisfactory student progress is considered to be achievement of 50% (or more) of the proportional nominal study load for a full or partial academic year. In the case of preparatory education and the premaster, the third-country national must have successfully completed the programme.

In the case of insufficient student progress, the institution will examine the cause, for instance, by conducting a student’s progress discussion with a student advisor. Based on documents submitted by the student, the institution will examine whether personal circumstances as referred to in Article 7.51 WHW and Article 2.1 of the WHW Implementation Decree are the cause of the student’s insufficient study progress.

6.6 

If the third-country national does not have achieved sufficient credit points, the IND will be notified of that fact within one month. If the institution establishes personal circumstances as described in Section 6.5, the institution may decide not to notify the IND.
1 It should be noted here that alignment has been made with the working method of the Inspectorate of Education. This working method will continue to apply as long as the Ministry of Education, Culture and Science does not further define the term international legal regulation.

Per reference period, the same personal circumstances can be applied only once for not notifying the IND. Agreements with the international student will be made and documented to prevent further study delays and to ensure that the student makes the progress needed to complete their studies. The education institution records the situation and the fact that the IND has not been notified in the third-country national's file.
The IND will be informed as soon as the institution establishes that a third-country national has terminated their registration at the institution.

6.7 

The higher education institution is obliged to provide the study programme offered. If the study programme is cancelled for valid reasons, the cancellation cannot take place after three months before the commencement of the study programme, except for short-term courses and customized programmes. If the international student is already in the Netherlands intending to follow such a study programme, the higher education institution is obliged to find a suitable alternativ

7. Register of participating higher education institutions and the tasks and powers of the Register Administrator

7.1 

The education institution requests the Register Administrator for inclusion in the Register of the Code of Conduct by returning the signed application form. For more information see: Application Register – internationalstudy.

7.2 

The Register Administrator publishes the Register on its website in Dutch and in English. The Rules and Regulations forming part of this Code of Conduct contain further provisions concerning the Register.

7.3 

Based on the information provided by the applicant, the Register Administrator will decide on the request for inclusion within a month and informs the applicant of the decision in writing.

The application will be rejected if the applicant does not meet the conditions and obligations referred to in the Code of Conduct, including the accreditation of study programmes by accreditation organizations as referred to in Section 6.2. The application will also be rejected if is submitted before the period referred to in Section 8.10 has passed.

7.4 

A higher education institution may either be removed from the Register by the Register Administrator at the institution’s request or by an order of the National Commission under Section 8.10. Removal by the Register Administrator also occurs in case an institution has ceased to exist.

7.5 

The Register Administrator will publish addition to or removal from the Register of a higher education institution on its website and will notify at least the IND and NUFFIC about it.

7.6 

Besides the other tasks referred to in this Code of Conduct, the tasks of the Register administrator consist of:

a. Registering complaints;

b. Preparing the annual reports for approval by the National Commission;

c. Providing information to parties concerned.

7.7 

Complaints concerning the Register Administrator can be submitted to the chair of the National Commission after the Register Administrator’s internal complaint procedure has been completed. For further information, see: Disagree with DUO: Submitting a complaint - DUO.

8. National Commission

8.1 

The umbrella organizations will establish a National Commission and define the powers of the Commission. The umbrella organizations appoint members to the National Commission for a term of office of four years. Members may be reappointed once. The Register Administrator informs the public by publishing the composition of the National Commission on its website.

8.2 

The National Commission shall be independent and consist of six members. The UNL will appoint two members and two substitute members, the Vereniging Hogescholen two members and two substitute members, and the NRTO one member and one substitute member. The National Commission will appoint a chair who is not a part of the circle of interested parties. For the term of office of the chair, the provisions of Section 8.1 apply.

8.3 

The task of the National Commission is to monitor compliance with the Code of Conduct and assess the actions of the higher education institutions in light of the Code of Conduct. The Commission does so by, among other things, dealing with petitions that may be submitted based on the Code of Conduct in accordance with the procedure as described in Section 4 of the Rules and Regulations. The National Commission can also initiate investigations about how an institution acts or has acted within the framework of the Code of Conduct. Should any complaint relate to or originate from a higher education institution with a member on the Commission, the member concerned shall step down and be replaced by a substitute member from another higher education institution.

8.4 

After consulting with the umbrella organizations, the National Commission has drawn up Rules and Regulations that form an integral part of this Code of Conduct for the Commission to perform its tasks. These Rules and Regulations also specify how interested parties can submit petitions, how these are handled, and the possible disciplinary measures if the petition is considered well-founded.

8.5 

Any party concerned believing that an education institution has not acted in accordance with this Code of Conduct towards them or another person can file a petition to the National Commission in writing. Before petitioning the Commission, the petitioner first submits the complaint to the competent authority of the education institution.

The higher education institution shall ensure that existing or, if necessary, new internal complaint procedures are available for complaints under the Code of Conduct.

8.6 

If the petitioner thinks that the higher education institution has not settled a complaint properly or is still of the opinion that the higher education institution does not comply with the Code of Conduct, they may submit the reason for the complaint and the response thereof received from the higher education institution to the National Commission.

8.7 

After hearing the arguments of both parties, the National Commission shall establish whether the higher education institution in question complies with this Code of Conduct or not. The National Commission will inform the education institution and the person submitting the request of its decision and any disciplinary measures.

8.8 

Should the National Commission ascertain that an institution has not complied with this Code of Conduct, it may impose a measure. This measure may include, among other things, the obligation to report, to investigate or a conditional removal, in which case a notification may be included in the Register for the duration of the measure. In situations where no improvement has been demonstrated or in very severe cases, the National Commission may impose the disciplinary measure of removal from the Register. If the education institution is a member of NRTO, UNL or the Vereniging Hogescholen, the National Commission will inform the relevant umbrella organization of its findings.

8.9 

The National Commission shall assess if the education institution fulfils the Code of Conduct every six years. The National Commission will assess if the institution meets the definition of an education institution given in Section 1, the provision of information about the Code of Conduct in Section 2.1.h, the language table of Section 5.2, and the accreditation requirement of Section 6.2 of this Code of Conduct. If the institution no longer fulfils the conditions of the Code of Conduct, the institution will be granted a period to be decided upon for conforming to the Code of Conduct. Should a violation of the conditions continue, the National Commission has the power to act according to the preceding Section.
 

8.10 

If the National Commission decides to remove a higher education institution from the Register, it will also determine the duration of removal and under which conditions the higher education institution can be included in the Register again.

8.11 

The National Commission shall notify the higher education institution, the petitioner, the IND and OCW in writing within one month after its decision has been taken.

8.12 

The Register Administrator acts as secretary of the National Commission. The secretary will inform the Education Inspectorate of all well-founded petitions submitted to the National Commission.

9. International Students Advisory Board

9.1 

The National Commission shall set up an International Students Advisory Board. The Board consist of ten international students following a Bachelor’s or Master’s degree programme in the Netherlands who preferably sit on the consultative participation bodies of the education institutions included in the Register of the Code of Conduct.

The National Commission will appoint the members for two years. Members who stay in the Netherlands for a shorter study period may be appointed for one year. Each year, half of the members will be appointed. The members of the Students Advisory Board will elect a chairperson among themselves. The Register Administrator will publish the composition of the Students Advisory Board on its website.

9.2 

The Students Advisory Board may give the National Commission solicited and unsolicited recommendations regarding all issues covered by the Code of Conduct. At the request of the National Commission, the Students Advisory Board may explain its recommendations in a meeting of the Commission.

10. Commencement date and modifications

10.1 

The modifications to the Code of Conduct will take effect on 1 January 2024.

10.2 

If a party concerned proposes a modification to the Code of Conduct, or when modifications are desirable or necessary for changes in legislation or other reasons, the proposed modification will be submitted to the umbrella organizations. Modifications can only be effectuated after the National Commission has approved them based on unanimous recommendations by the umbrella organizations unless mandatory legislation prohibits this. The Register Administrator ensures publication of the modification and distribution of the modified Code of Conduct.

10.3 

In the case the umbrella organizations cannot reach a unanimous consensus, or the umbrella organizations and the National Commission’s office cannot reach an administrative consensus about modifications of the text of the Code of Conduct or related subjects, each umbrella organization has the option to submit the issue to the Code of Conduct’s Director’s Meeting.

The Director’s Meeting consists of a director of each umbrella organization and the chairperson of the National Commission. At the director’s level, the decision will be taken unanimously. Joint proposals will be submitted to the National Commission in accordance with the preceding Section. If the Director’s Meeting cannot reach a consensus, the meeting will act as it sees fit.

10.4 

Every five years, the content and operation of the Code of Conduct are evaluated by, in any event, the institutions involved, the parties concerned and the Register Administrator. Based on this evaluation, the Code of Conduct, whether changed or not, will be adopted and signed by the higher education institutions. The National Commission will take the initiative for the evaluation.

List of abbreviations

IND: Dutch Immigration and Naturalization Service
NUFFIC: Netherlands Organization for International Cooperation in Higher Education
NRTO Dutch Council for Training and Education
NVAO Accreditation Organization of the Netherlands and Flanders
OCW: Dutch Ministry of Education, Culture and Science RIO: Registration Institutions and Study Programmes
UNL: Universities of the Netherlands
WHW: Dutch Higher Education and Research Act