Section 8Sec./Art. 8

Partnerships and Collaborative Arrangements. FHEIs may enter into other collaborative arrangements with Philippine HEIs, such as twinning arrangements or joint degrees, whereby study programs, or parts of a course of study, or other educational services of the awarding institutions, are provided by another partner institution.

The parties shall conform to the following minimum standards:

(a) The FHEI shall seek prior authority from the CHED to operate specific educational and auxiliary services and shall comply with the requirements set forth in this law and by CHED policies and regulations. No FHEI shall be allowed to establish its branch or any entity purporting to deliver educational programs without approval of the CHED;

(b) Only Philippine HEIs which are CHED-recognized and duly accredited, shall be authorized to conduct and initiate collaborative or twinning programs with FHEIs. The CHED shall determine the level of accreditation which Philippine HEIs are required to acquire in order to be authorized to enter into collaborative arrangements with FHEIs;

(c) Both partners shall draft a memorandum of agreement (MOA) in terms of the programs, duration, evaluation and termination of the agreement, which MOA shall be legally binding to both parties. The CHED shall be consulted in the finalization of the MOA and shall ensure that it complies with all the relevant national laws and the CHEDs policies. The CHED shall determine the documentary requirements needed to be submitted by the parties. Any document executed or issued outside the Philippines must first b'e authenticated with the appropriate Philippine Foreign Service post before submission to the CHED;

(d) The academic quality of the higher education programs involved is at least comparable to the established standards of the local programs, or compliant with established international standards. The critical details of the collaborative arrangements and the procedures concerning the quality of education services provided by TNHE arrangements shall be based on specific and systematic criteria;

(e) The programs must have complied with the required level of accreditation and other quality assurance requirements;

(f) The critical details of the collaborative arrangements are transparent or open to scrutiny by the government and the public; and

(g) Public announcements about collaborative arrangement or any TNHE program must have the proper government authorization.

Philippine HEIs and all providers of educational and auxiliary services who are partners of the FHEI must be registered with the SEC in the case of corporation or partnership or with the Department of Trade and Industry (DTI) in the case of sole proprietorship, for the purpose of providing educational and auxiliary services. All existing entities seeking to expand their services to include TNHE operations must amend their articles of incorporation with the SEC, or register their expansion with the DTI.