Circular on Printing and Distributing the Tentative Measures for the Administration of Wholly-Owned Hospitals Established Taiwan Service Providers

Circular on Printing and Distributing the Tentative Measures for the Administration of Wholly-Owned Hospitals Established Taiwan Service Providers

Wei Yi Zheng Fa [2010] No.10

October 22, 2010

The health departments and bureaus and the competent departments of commerce of all provinces, autonomous regions and municipalities directly under the Central Government, the competent departments of commerce in cities specifically designated in the state plan, and the bureau of health and the bureau of commerce of the Xinjiang Production and Construction Corps:

In order to strengthen and promote cross-strait economic cooperation and implement the Cross-Strait Economic Cooperation Framework Agreement, the Ministry of Health and the Ministry of Commerce have jointly formulated the Tentative Measures for the Administration of Wholly-Owned Hospitals Established Taiwan Service Providers in accordance with the Law of the People's Republic of China on Foreign-invested Enterprises and the Regulations on the Administration of Medical Institutions and other relevant laws and regulations. They are hereby issued to you for your compliance and implementation. At present, Taiwan service providers are allowed to establish wholly-owned hospitals only in Shanghai municipality, Jiangsu province, Fujian province, Guangdong province and Hainan province.

Tentative Measures for the Administration of Wholly-Owned Hospitals Established Taiwan Service Providers

Chapter I General Provisions
　
Article 1 In order to implement the Cross-Strait Economic Cooperation Framework Agreement, these Measures are formulated in accordance with the Law of the People's Republic of China on Foreign-invested Enterprises, its implementing rules, the Regulations on the Administration of Medical Institutions and other relevant laws and regulations.
　
Article 2 Taiwan service providers may, upon the approval of the competent authorities in the Mainland, establish wholly-owned hospitals in the Mainland (hereinafter referred to as wholly Taiwanese-owned hospitals) in accordance with the law.
　
Article 3 These Measures shall apply to applications for the establishment of wholly Taiwanese-owned hospitals in the Mainland.
　
Article 4 The Mainland shall apply the principles of opening up gradually and keeping risks under control to wholly Taiwanese-owned hospitals and protect the lawful rights and interests of both patients and Taiwan service providers in accordance with the law.
　
Article 5 Taiwan service providers may, in establishing wholly Taiwanese-owned hospitals in the Mainland, decide at their own discretion to establish them as for-profit ones or non-profit ones.
　
Article 6 Wholly Taiwanese-owned hospitals must observe the relevant laws, regulations and ministerial rules in the Mainland. The legal business activities of wholly Taiwanese-owned hospitals and the lawful rights and interests of their investors shall be protected by the law.
　
Article 7 The Ministry of Health and the Ministry of Commerce shall, within the scope of their respective responsibilities, be responsible for the administration of wholly Taiwanese-owned hospitals.
The health administrative departments (including the competent department of Chinese medicine, same as below) and the commerce departments of local people's government at the level of city divided into districts shall, within the scope of their respective responsibilities, be responsible for the daily supervision and administration of wholly Taiwanese-owned hospitals within their administrative regions.

Chapter II Establishment Conditions
　
Article 8 The establishment and development of wholly Taiwanese-owned hospitals must conform with the local plan for the establishment of medical institutions
　
Article 9 Taiwan service providers who apply to establish wholly Taiwanese-owned hospitals shall be legal entities with the capabilities of independently assuming civil responsibilities, have direct or indirect experience in medical care investment and management and satisfy any of the following requirements:
1.
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