Pension Institutions Established Measures For The License

Original Language Title: 养老机构设立许可办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201311/20131100393584.shtml

Pension institutions established measures for the license

    (June 28, 2013, the Ministry of Civil Affairs announced on July 1, 2013, 48th execution) Chapter I General provisions

    First in order to standardize the pension establishment licensing, promote healthy development of old-age care institutions, in accordance with the People's Republic of China Law on protection of rights and interests of the elderly and the relevant laws, administrative regulations, and these measures are formulated.

    Pension institutions established in article permit application, acceptance, examination, decisions and supervision, these measures shall apply.

    Third pension institutions in these measures refers to live and care for the elderly service providers.

    Fourth civil affairs departments of the State Council is responsible for the national pension institution established licensing work.

    Local people's Governments at or above the county level the Home Department is responsible for licensing work pension institutions established within their respective administrative areas.

    Fifth old-age care institutions and the establishment permit, should follow the principle of openness, fairness and justice.

    Chapter II conditions and procedures

    Article sixth pension institutions, shall comply with the following conditions:

    (A) name, domicile, agency regulations and management systems;

    (B) meet the pension Agency specifications and technical standards, in line with national environmental protection, fire safety, sanitation and epidemic prevention requirements of basic living space, facilities, equipment and venues;

    (C) commensurate with the service managers, professional technicians and service personnel;

    (D) services and to adapt to the size of the funds;

    (E) the number of beds in 10 or more;

    (Vi) other conditions stipulated by laws and regulations.

    Article seventh legally established organizations have full civil capacity of a natural person or to the pension institutions domiciled civil administration applying for the establishment of the people's Governments above the county level pension institutions.

    Eighth County and is not divided into districts, municipal district people's Government Civil Affairs Department permits pension institutions established within their respective administrative areas.

    District municipal Civil Affairs Department residence in the District of pension institutions and the establishment permit.

    District civil affairs departments of the municipal civil affairs departments may appoint a district people's Government license.

    Nineth invest and establish the people's Governments above provincial level play training, demonstrate the features of old-age care institutions, set up license may apply to a people's Government at the Department of civil affairs.

    Licensing matters provided for in the preceding paragraph, may appoint a district level people's Government departments under a license.

    Tenth Article foreign of organization, and personal owned or and China of organization, and personal joint venture, and cooperation established pension institutions of, Hong Kong, and Macau, and Taiwan area of organization, and personal and overseas owned or and Mainland (City) of organization, and personal joint venture, and cooperation established pension institutions of, by residence to provincial government home sector or its delegate of set district of city level Government (Administrative Office) home sector implementation license.

    Otherwise provided for by laws and regulations for investors, from its provisions.

    11th licensing authority according to the needs and conditions of applicants to build old-age care institutions, in terms of the conditions, submit materials to provide guidance and support.

    12th an application for establishing a pension Agency, should be submitted to the licensing authority the following documents and information:

    (A) the application form for the establishment;

    (B) the applicant, the legal representative or principal responsible person qualified to be appointed documents;

    (C) compliance with registration requirements, name of the Organization, regulation and management system;

    (D) completion of construction proof of acceptance, acceptance report or review of epidemic prevention, the Environmental Protection Department, and the construction of public security issued by the Fire Services Department fire services design review, fire control acceptance, or fire protection filing documents;

    (E) the services of its own proof of ownership or lease;

    (F) managers, professionals and technicians, service personnel lists, identity documents and health certificates;

    (VII) proof of funding, and the capital verification certificate and report;

    (H) in accordance with the laws, rules and regulations, you need to provide additional material. 13th licensing authority shall accept the establishment within 20 working days from the date of the application, applicants submit a written review of the documents, materials and on-site inspection.

    Eligible, issuing pension institutions established licenses (hereinafter referred to as the permit); do not meet the conditions, it shall notify the applicant in writing and state the reasons. 14th pension institutions shall obtain permission and shall be registered.

    Not until they have been licensed and registered according to law, pension agencies shall not charge fees in any name, admitted to the elderly.

    Chapter III administration license

    15th the permit shall include the name, domicile, legal representative or principal responsible person, service scope, duration and other matters. The permit includes the original and the copy, copy of the original and has the same legal effect.

    Pattern of the permit by the Civil Affairs Department under the State Council. 16th establishment permit is valid for 5 years.

    30th the expiry of the permit, and old-age care institutions shall hold establishment licences, registration certificates, pension service delivery report to the licensing authority for the renewal of the license.

    Licensing authority shall, before the expiry of the validity period in accordance with the established conditions make a decision on whether to approve the extension, fails to make a decision, considered to approve the extension. 17th pension institutions to set up branches, shall, in accordance with article eighth of this approach, the Nineth and tenth of the regulations, to the domicile of the branch of the people's Governments above the county level civil affairs departments to apply for establishment licensing procedures.

    Related laws and administrative regulations provide otherwise on branches from its provisions.

    18th pension agency changes its name, the legal representative or principal responsible person, the scope of services should be to the original licensing authorities for a change.

    Pension institutions to change their place of residence, shall apply for the establishment of anew permit procedures.

    19th pension institutions dissolved itself, or unable to continue to provide the service shall be terminated, and return the original establishment license licensing authorities, for cancellation procedures.

    Termination of service Endowment institution shall, in accordance with the relevant provisions of the settlement. 20th pension institutions is divided or merged, alteration, extension, suspension of service, or due to dissolution, termination of service shall apply to the licensing authority and submit resettlement programmes for older persons, and approved before implementation.

    Without approval, may suspend or terminate the service without authorization.

    21st license administration shall establish a comprehensive old-age care institutions set up license information management system, timely disclosure of pension institutions set up license information.

    The fourth chapter, supervision and inspection

    22nd license according to law on old-age care institutions the name, domicile, legal representative or principal responsible person, changes in the scope of services the permit sets out matters such as conducting supervision and inspection, pension agencies should accept and cooperate with supervision and inspection.

    Licensing authorities with pension institutions supervise and inspect the establishment licensing and related matters shall not charge any fee.

    The 23rd under any of the following circumstances, licensing authority or its parent bodies, according to the request of the interested party or ex officio, may revoke the license:

    (A) the licensing organ personnel who abuse their powers, neglect their duties to make decision on granting license;

    (B) beyond the statutory authority to approve the licensing decision;

    (C) the violation of legal procedures to approve the licensing decision;

    (Iv) pension institutions to grant the license does not meet the statutory requirements;

    (E) may revoke the license of the other cases in accordance with law.

    Licensing authorities pension institutions to deception, bribery or other improper means to obtain a permit shall be revoked.

    License after authorities revoked the license, shall inform the relevant registration authority.

    24th pension institutions, one of the following circumstances, licensing organ shall be revoked license, and make an announcement:

    (A) establishment of expiry date of the permit is not renewed;

    (B) the pension Agency is terminated according to law;

    (C) the license was revoked, withdrawn,;

    (D) the registration authorities shall revoke a registration certificate;

    (E) the license cannot be implemented due to force majeure;

    (F) the laws and regulations shall be revoked of licenses in other circumstances.

    License according to law after the cancellation of licenses, shall inform the relevant registration authority.

    25th no units and individuals in violation of these regulations, to report to the licensing authority, licensing authorities should be verified, processed in a timely manner.

    The fifth chapter legal liability

    26th pension institutions, one of the following circumstances, licensing authority shall be given a warning and a fine of 30,000 yuan fines; constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) fails to complete the modification and termination procedures;

    (B) alter, resell, rent, lend, transfer of the permit.

    27th unauthorized establishment of pension institutions, by the licensing authority shall order rectification cause personal or property damage, he shall bear civil liability of violating public security regulations, public security organs in accordance with the People's Republic of China relevant law on administrative penalties for public security shall be penalized constitutes a crime, criminal responsibility shall be investigated according to law.

    28th licensing authorities and their staff in the institutions set up license application, acceptance, review, decide to abuse their powers, neglect their duties, engages in supervision and inspection, the authorities shall order rectification with serious consequences to the direct responsible person in charge and other direct liable persons shall be given sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles

    29th the pension institutions established before the implementation of these measures, in line with the conditions of this Regulation shall be in accordance with the provisions of the relevant procedures of the measures.

    Pension institutions established before the implementation of these measures, it does not meet the established criteria, should be completed within 1 year after the implementation of these measures and reform, rural five-guarantee service of these institutions should be completed within 2 years after the implementation of corrective action.

    Article 30th community day care and mutual aid pension places, these procedures do not apply. 31st article this way come into force on July 1, 2013.