Permitting Measures of the Establishment of Elderly Service Institutions

Permitting Measures of the Establishment of Elderly Service Institutions

Permitting Measures of the Establishment of Elderly Service Institutions

Order of the Ministry of Civil Affairs of the People's Republic of China No. 48

June 28, 2013

The Permitting Measures of the Establishment of Elderly Service Institutions, as adopted at the executive meeting of the Ministry of Civil Affairs on June 27, 2013 are hereby promulgated, and shall enter into effect on July 1, 2013.

The Minister: Li Liguo

Permitting Measures of the Establishment of Elderly Service Institutions

Chapter I General Provisions

Article 1 The measures are hereby stipulated in accordance with the PRC Law on Protection of the Rights and Interests of the Elderly, relevant laws and administrative regulations, with a view to standardizing the establishment permission of elderly service institutions and promoting the healthy development of elderly service institutions.

Article 2 The measures shall apply to the application for, acceptance, examination, decision and supervision and inspection of the establishment permission of elderly service institutions.

Article 3 The elderly service institutions referred to herein mean institutions providing concentrated residence accommodation and care services for the elderly.

Article 4 The civil affair department under the State Council will be in charge of the establishment permission of elderly service institutions all over China.
The civil affair departments of local people's governments above county level will be in charge of the establishment permission of elderly service institutions in their respective administrative areas.

Article 5 The implementation of the establishment permission of elderly service institutions shall be based on the principles of publicity, fairness, justness.

Chapter II Conditions and Procedures

Article 6 The establishment of an elderly service institution shall meet the following requirements:
1. The establisher shall have a name, domicile, articles of association and management system;
2. The establisher shall provide basic living rooms, facilities and equipment and activity space meeting specifications and technical standards relating to elderly service institutions, national environmental protection provisions, fire protection provisions and health and epidemic prevention requirements, etc.;
3. The establisher shall have qualified administrative staff, professionals and service staff to render services;
4. The establisher shall have the funds needed to match the service items and the scale;
5. The establisher shall have more than 10 beds;
6. Other conditions stipulated by laws and regulations.

Article 7 Legally established organizations and natural persons with full civil capacities may apply for establishment of elderly service institutions to departments for civil affairs under the people's governments at or above the county level where the places of domicile of the elderly service institutions are.

Article 8 Departments for civil affairs under the people's governments of counties, cities not divided into districts and districts of municipalities directly under the Central Government shall implement the establishment licensing for elderly service institutions within their respective administrative areas.
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