Ministry of Health and Ministry of Commerce, Tentative Measures for the Administration of the Establishment of Wholly-owned Hospitals in the Mainland by Hong Kong and Macao Service Providers

卫生部、商务部香港和澳门服务提供者在内地设立独资医院管理暂行办法

January 24, 2011 | BY

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Hong Kong and Macao investors allowed to set up wholly-owned hospitals in Shanghai, Chongqing and three other provinces.

Clp Reference: 1200/10.12.22 Promulgated: 2010-12-22 Effective: 2011-01-01

Issued: December 22 2010

Effective: January 1 2011

Interpreting authority: Ministry of Health and Ministry of Commerce

Applicability: For-profit, Hong Kong and Macao wholly-owned hospitals shall be subject to the regulation of the competent mainland departments in accordance with relevant mainland provisions on foreign-invested enterprises (Article 33).

Where previous provisions are inconsistent with the provisions of these Measures, these Measures shall prevail (Article 39).

Main contents: The total investment amount for a Hong Kong or Macao wholly-owned hospital of Grade 3 shall be at least Rmb50 million, or Rmb20 million in the case of a Grade 2 hospital (Article 10). To establish a Hong Kong or Macao wholly-owned hospital, a Hong Kong or Macao service provider shall submit an application to the health administrative department at the level of city (divided into districts) at the locality. Upon preliminary examination, the application shall be forwarded to the health administrative department at the provincial level at the locality for check and approval (Articles 11 and 12).

Hong Kong and Macao service providers are allowed to establish wholly-owned hospitals in Shanghai, Fujian, Guangdong, Hainan and Chongqing. The establishment of sanatoriums in Guangdong by Hong Kong and Macao service providers and provision of medical services shall, mutatis mutandis, be handled in accordance with these Measures.

Related legislation: Supplement VII to the Mainland and Hong Kong Closer Economic Partnership Arrangement, May 27 2010; Supplement VII to the Mainland and Macao Closer Economic Partnership Arrangement, May 28 2010; PRC Wholly Foreign-owned Enterprise Law (Revised), Oct 31 2000, CLP 2000 No.10 p.4; Implementing Rules for the PRC Wholly Foreign-owned Enterprise Law (Revised), Apr 12 2001, CLP 2001 No.4 p.4; and Regulations for the Administration of Medical Institutions, Feb 26 1994

clp reference:1200/10.12.22promulgated:2010-12-22effective:2011-01-01

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