Asia Law and Courts

Transnational Higher Education: 60percent stake for Filipinos

Transnational higher education - the outcome of Republic Act 11448.

Transnational Higher Education Law (TNHE) or Republic Act 11448 aims to improve the educational system in the Philippines to international quality standards. 
On August 28th, the President of the Philippines, Rodrigo Duterte signed into law, the Republic Act 11448, for the establishment of transnational higher education in the country. The Republic Act defines transnational higher education as an educational system that incorporates modes of learning, like distance education and study-abroad programs.

Commercial implications of transnational higher education

The establishment of transnational higher education in the Philippines means that the educational system of other countries will now be accepted and integrated into the Higher Education Institute of the country.
The Foreign Higher Education Institutes (FHEI) can also decide to be solely established commercially. In this case, FHEI must comply with set requirements of the Security and Exchange Commission, the Department of Trade and Industry, and the Constitution of the Philippines.
FHEI in the Philippines are allowed to have Filipinos take-up about 60 percent stake in a branch campus, representing 80 percent of both faculty and academic personnel, and 40 percent of administrative staff. However, international students studying in the Philippines transnational higher education will not exceed the limit – one-third of the total enrollment. 

Globalization in teaching and learning proceeds from transnational higher education

TNHE is one of the many benefits of globalization in teaching and learning. Among the benefits is the liberality to make transactions and engage in trading across countries.
It is the responsibility of the Commission of Higher Education in the Philippines to strategize and encourage the development of transnational higher education to cover undergraduate programs, graduate and postgraduate degrees.
Nevertheless, it is not determined yet if the transnational higher education institutes will cover specialized courses like medicine and law degrees. The Commission of Higher Education and the Higher Education Institutes will deliberate and ascertain if transnational higher education programs will include specialized programs.  
On the other hand, Philippine Higher Education Institutes can venture into other countries to establish educational programs after being approved by the CHED. The Philippine higher education institutions must comply with the laws, rules, and regulations of the country.

Transnational Higher Education law established a CHED division

The law passed in support of TNHE additionally established a division under the CHED International Affairs Staff to monitor all matters related to the TNHE. The division will monitor the activities of transnational higher education institutes.
The law also exempts from taxes and duties, all revenues and assets of transnational higher education Institutes (TNHEIs), since they are used for educational purposes.
 
 

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