Question & AnswerQ&A (Republic Act No. 11448)
The short title is the "Transnational Higher Education Act."
The policy is to provide quality education relevant to changing needs, to serve as an instrument for generating productive knowledge, innovation, and to develop relevant higher order skills competitive in the knowledge economy.
TNHE includes all types and modes of delivery of higher education programs or educational services involving education systems of a different state or programs operating independently of any national education system where learners are in a different country than the awarding institution's base.
They include Academic Franchising, Articulation, Branch Campus, International Branch Campus, Joint Degree, Double Degree, Online/Blended/Distance Learning, Open Distance Learning (ODL), TNHE Offshore Institution, Twinning Arrangements, and Validation.
FHEIs must be recognized by their governments as quality providers, accredited by a recognized accrediting body in their origin country, have standards at par with or higher than Philippine HEIs, and have requisite capabilities and resources for higher education provision and student support.
Philippine HEIs must be CHED-recognized and duly accredited at the level determined by CHED; parties must draft a legally binding Memorandum of Agreement (MOA) approved by CHED; programs must meet accreditation and quality assurance requirements; and public announcements require government authorization.
At least 60% of the local partner must be owned by Filipino citizens, and the entity must be duly registered with the SEC or DTI.
Foreign citizens may constitute up to 80% of faculty and academic personnel, up to 40% of administrative personnel and staff, but foreign students may not exceed one-third of enrollment.
All revenues and assets used directly and exclusively for educational purposes are exempt from taxes and duties; grants, donations, and contributions are exempt from donor’s tax and deductible for donors; lands and buildings used exclusively for educational purposes are exempt from taxation; and other tax incentives per relevant laws apply.
TNHED formulates policies, standards, and guidelines for TNHE programs; implements strategies; processes applications for TNHE operation; conducts performance reviews and evaluations of TNHEIs; and performs other duties necessary for the Act's purposes.
Mechanisms to expedite processing of registrations (SEC), business permits (LGUs), visa and immigration requirements (BI, DOLE), and professional licensing (PRC) for foreign faculty and students involved in TNHE programs.
They may be done using foreign exchange from authorized agent banks provided the investments are registered with the Bangko Sentral ng Pilipinas and BSP rules governing foreign investments are complied with.
Benchmarks include curriculum innovation, student diversity, research and development, graduation and retention rates, job placement, facilities, faculty quality and diversity, alumni performance, participation, international linkages, grant management, environmental sustainability, social responsibility, and others.
Yes, but only those with CHED-recognized programs and they must abide by the laws of the host country. Support services must be provided for offshore students spending time in the Philippines.
Institutions must ensure commitments to enrolled students are met, including offering alternative pathways for completion, and assets and funds may be transferred or remitted according to applicable laws.