Interim Measures for the Administration of Sino-foreign Joint and Cooperative Medical Institutions

Chapter I General Provisions Article 1 In order to further adapt to the needs of reform and opening up, strengthen the management of Sino-foreign equity joint ventures, cooperative medical institutions, and promote the healthy development of China's medical and health care undertakings, in accordance with the "Chinese People's Republic of China *** and the State of Sino-foreign equity joint venture law", "Chinese People's Republic of China *** and the State of Sino-foreign Cooperative Joint Venture Law", "Regulations on the Administration of Medical Institutions" and other relevant state laws and regulations, to formulate the present measures. Article 2 The Sino-foreign joint and cooperative medical institutions referred to in these Measures refer to foreign medical institutions, companies, enterprises and other economic organizations (hereinafter referred to as the foreign party of the joint and cooperative venture), which are approved by the competent authorities of the Chinese government in accordance with the principle of equality and mutual benefit, and which are established in the territory of China (with the exception of Hong Kong, Macao and Taiwan, hereinafter referred to as the same) in joint venture or in cooperation with the medical institutions, companies, enterprises and other economic organizations of China (hereinafter referred to as the Chinese party of the joint and cooperative venture). A medical institution established in the form of joint venture or cooperation. Article 3 These Measures shall apply to applications for the establishment of Sino-foreign equity joint venture or cooperative medical institutions within the territory of China. Article 4 Sino-foreign equity joint venture or cooperative medical institutions must abide by the relevant laws, regulations and rules of the State. The legitimate business activities of Sino-foreign equity joint ventures and cooperative medical institutions, as well as the legitimate rights and interests of both parties to the joint venture and cooperation, shall be protected by Chinese laws. Article 5 The Ministry of Health and the Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as the Ministry of Foreign Trade and Economic Cooperation) are responsible for the management of Sino-foreign joint and cooperative medical institutions within their respective areas of responsibility.

Local people's governments at or above the county level, the administrative departments of health (including Chinese medicine/pharmaceutical authorities) and foreign trade and economic cooperation within their respective areas of responsibility for the day-to-day supervision and management of Sino-foreign equity joint ventures, cooperative medical institutions in their respective administrative regions. Article 6 The establishment and development of Sino-foreign equity joint and cooperative medical institutions must be in line with the local regional health planning and planning for the establishment of medical institutions, and the implementation of the Ministry of Health to develop the "basic standards for medical institutions". Article 7 The Chinese and foreign parties applying for the establishment of a Sino-foreign equity joint venture or cooperative medical institution shall be legal persons capable of independently assuming civil liability. The Chinese and foreign parties to the joint venture or cooperation shall have experience in direct or indirect investment and management of medical and health care, and shall meet one of the following requirements:

(1) they can provide internationally advanced experience in the management of medical institutions, their management mode and service mode;

(2) they can provide medical technology and equipment of leading international level;

(3) they can supplement or improve the local capacity in medical services, medical technology, and medical services. (c) It can supplement or improve the local deficiencies in medical service capacity, medical technology, capital and medical facilities. Article 8 A Sino-foreign equity joint venture or cooperative medical institution shall meet the following conditions:

(1) It must be an independent legal person;

(2) The total investment shall not be less than 20 million yuan;

(3) The equity ratio or interest of the Chinese party to the joint venture or cooperation in the medical institution shall not be less than 30%;

(4) The duration of the joint venture or cooperation shall not be more than 30%;

(5) The duration of the joint venture or cooperation shall not be more than 30%; and (D) the joint venture, cooperation period of not more than 20 years;

(E) the provincial health administrative department stipulates other conditions. Article IX joint ventures, cooperation in state-owned assets to participate in the investment (including capital contribution or as a condition of cooperation), shall be approved by the appropriate authorities, and in accordance with the relevant provisions of the state-owned assets assessment management, the state-owned assets management department confirmed by the assessment of state-owned assets to be invested in the assessment of state-owned assets. The appraisal results confirmed by the state-owned assets management department at or above the provincial level can be used as the basis for the valuation of the state-owned assets to be invested. Chapter III Approval and Registration of Establishment Article 10 The establishment of Sino-foreign equity joint venture and cooperative medical institutions shall first apply to the municipal health administrative department of the district where it is located and submit the following materials:

(1) Application for the establishment of a medical institution;

(2) Project proposal and feasibility study report on the establishment of Sino-foreign equity joint venture and cooperative medical institutions signed by the legal representatives of the two parties to the joint venture and cooperation;

(3) Application for the establishment of a medical institution signed by the legal representatives of the two parties to the joint venture and cooperation; and p>

(3) the respective registration certificates (copies), legal representatives' identity certificates (copies) and bank credit certificates of the joint venture and cooperative parties;

(4) documents confirming the appraisal report of the state-owned assets management department on the state-owned assets to be invested.

Settlement of municipal health administrative departments for the applicant to submit materials for preliminary examination, and according to regional health planning and medical institutions set up planning to put forward the preliminary opinion, and with the application materials, the local regional health planning and medical institutions set up planning, together with the local provincial health administrative departments for review. Article XI of the provincial health administrative department of the application materials and municipal health administrative department of the district for examination and approval of the Ministry of Health.

Submitted for approval, the provincial health administrative department to the Ministry of Health to submit the following materials:

(a) the applicant to set up the application materials;

(b) set up the municipal people's government approved by the municipal people's government issued for implementation of the "Medical Institutions Setting Plan" and set up the municipal and provincial health administrative departments on the proposed set up of Sino-foreign equity joint venture, cooperative medical institutions in line with the local regional health planning and medical institutions set up. Local regional health planning and medical institutions set up planning of the audit opinion;

(3) provincial health administrative department on the establishment of the Sino-foreign equity joint venture, cooperative medical institutions, including the establishment of Sino-foreign equity joint venture, cooperative medical institutions, including the name, location, size (beds, chairs), diagnosis and treatment subjects and business period of the opinion;

(4) laws, regulations and other materials prescribed by the Ministry of Health. and other materials prescribed by the Ministry of Health.

The Ministry of Health shall, within 45 working days from the date of acceptance, make a written decision to approve or disapprove.