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Procedures Of Shanghai Municipality On Managing Old-Age Care Institutions
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| (Promulgated by Decree No. 56 of the Shanghai Municipal People' s Government on June 8, 1998) Chapter I General Provisions Article 1 (Purpose) These Procedures are formulated in order to promote the construction of old-age care institutions, to strengthen the management of these institutions, and to meet the need of aging population in this Municipality. Article 2 (Definition) Old-age care institutions referred to in these Procedures are those institutions that provide lodging, daily nursing, and related comprehensive services for aged people. Article 3 (Scope of Application) The present Procedures apply to the establishment, service, supervision and management of old-age care institutions in the administrative area of this Municipality. Article 4 (Principle of Development) The principle of combining government' s investment with social participation shall be adopted with persistence in developing old-age care institutions. Article 5 (Setup Plan) People' s governments at different levels shall formulate the setup plan for old-age care institutions and bring it into the national economic and social development plan in the light of the actual situations of the social economic development and the socialized old-age care their corresponding districts. Article 6 (Departments Responsible for the Work) Shanghai Municipal Bureau of Civil Affairs (hereinafter referred to as Bureau of Civil Affairs) is the administrative department in charge of old-age care institutions in this Municipality. Bureau of civil affairs at district/county level shall be in charge of old-age care institutions in its respective district or system according to its corresponding responsibilities. Administrative departments at all levels, such as planning, finance, tax, price control, construction, programming, sanitation, civil engineering, power, public security, public utilities, real estates, environmental protection, labor, and social guarantee, shall make a concerted effort in developing and managing old-age care institution according to their respective responsibilities. Chapter II Setup Article 7 (Setup Entity ) Domestic Organizations or individual persons may finance the setup of old-age care institutions; foreign organizations or individual persons may set up old-age care institutions in forms of joint venture or joint cooperative ventures with domestic organizations. Social organizations or individual persons are encouraged to make donations to the old-age care institutions and to provide other free services. Article 8 ( Prerequisites for Setup ) Prerequisites for establishing old-age care institutions are as follows: 1. Conformity with the plan for setting up old-age care institutions in this Municipality; 2. Fixed service site with more than 50 beds; 3. Construction design of old-age care institutions in conformity with construction regulations and design standards and with facilities of easy access for aged people; and the construction connected with the residential or working unit buildings with independent entry/exit; 4. Necessary rooms such as canteen, toilet, bathroom, and indoors and outdoors space for recreation; 5. Institutional constitution and rules and regulations of the management; 6. Managerial and nursing personnel qualified for the services rendered, and person in principal charge and nursing personnel meeting the qualifications stipulated by the departments of civil affairs; 7.Certain amount of medical service personnel having the qualifications stipulated by the departments of sanitary administration; 8. Fund of required amount. Article 9 (Setup Areas) Old-age care institutions shall be set up within safe areas. It is forbidden to set up old-age care institutions in polluted and dangerous areas. It is forbidden to construct buildings and structures inside old-age care institutions that threaten the safety of the aged people. Article 10 ( Approval for Setup ) Application for the establishment of old-age care institutions requires presentation of a feasibility study report and the relevant certification documents and shall go through the approval procedures stipulated as follows: 1. The government investing and establishing an old-age care institution shall apply for approval to the Bureau of Civil Affairs at municipal or district /county level according to the relevant rules and regulations stipulated by the Municipal Bureau of Civil Affairs; 2. Enterprises, institutions, social organizations and individual persons establishing an old-age care institution shall apply to the local Bureau of Civil Affairs in their corresponding district or county. The local Bureau of Civil Affairs shall comment within 20 days after the receipt of application. If an old-age care institution has more than 150 beds or investment over 10,000,000 yuan, the application shall be submitted to the Municipal Bureau of Civil Affairs for verification after it is approved by the local Bureau of Civil Affairs. The Municipal Bureau of Civil Affairs shall make a decision of examination and approval within 20 days after receiving the decision of the local Bureau of Civil Affairs. 3. Foreign organizations or individual persons establishing old-age care institutions jointly with domestic organizations shall apply to the municipal administrative department of foreign investment. The municipal administrative department of foreign investment, together with the Municipal Bureau of Civil Affairs, shall make a decision of examination and approval within 30 days after the receipt of application. The department in charge of the examination and approval shall issue to the applicant an approval certificate if the application to set up an old-age care institution is approved, and shall notify the applicant in written form if the application is not approved. The Municipal Bureau of Civil Affairs establishing an old-age care institution shall notify the local district or county Bureau of Civil Affairs where the old-age care institution is located. Article 11 ( Term of Validity for Approval Certificate ) The approval certificate for establishing the old-age care institutions is valid for 1 year or 2 years depending on the size of the institution. If the preparatory work of the old-age care institution is not finished within the term of validity, the applicant shall go through the approval procedures again in accordance with the approval procedures for setup. Article 12 ( Check Before Acceptance and Issuance of License ) The old-age care institutions shall apply to the Municipal or district/county Bureau of Civil Affairs for inspection before the opening of the business. The Municipal or district/county Bureau of Civil Affairs shall conduct the inspection within 30 days after the receipt of the application. A business license shall be issued if the old-age care institution passes the inspection. Otherwise, the Municipal or district/county Bureau of Civil Affairs shall make remedies and notify the applicant in written form. Upon the receipt of business license, the old-age care institution shall make legal person registration according to relevant rules and regulations. Article 13 ( Use of Name ) The old-age care institutions shall use the names examined and approved by the Municipal Bureau of Civil Affairs. Article 14 ( Alteration of the Name, Address, Nature or Main Responsible Person ) If the name, or address, or the main responsible person of the old-age care institutions is altered, the alteration formalities shall be accomplished according to the approval procedures for setup. If a non-profit-making old-age care institution is changed into a profit-making one, it shall be examined and approved by the approval department for setup according to the approval procedures for setting up old-age care institutions. Article 15 ( Merger) For the merger of the old-age care institutions, the assets shall be liquidated and the financial accounts shall be settled. The merged old-age care institution shall properly arrange to settle down the aged people received by the original institutions and shall go through the alteration formalities according to the approval procedures for setup. Article 16 ( Dissolution ) To dissolute the old-age care institutions, the old-age care institution shall apply to the approval department for setup and properly settle down the aged people it receives. The old-age care institution being approved to dissolve by the approval department for setup shall liquidate the assets according to law and return the business license. Chapter III Service Management Article 17 ( Service Contract ) The old-age care institution shall sign a service contract with the aged people or the relative of the aged people. The contract shall specify the following main terms: 1. The names and addresses of both parties of the contract; 2. Service content and means; 3. Service charge rate and means of payment; 4. Service period; 5. Terms and conditions to alter, cancel or terminate the contract; 6. Responsibilities for breach of the contract; 7. Other items agreed upon by both parties. Article 18 ( Graded Nursing and Diet Provision ) The old-age care institutions shall provide the nursing service according to the self-reliance ability in life of the aged people it receives and the standards of nursing grades. The old-age care institutions shall compile well-balanced nutritious diet suitable for the aged people. The cooking of meals for the aged people shall be separated from those for the staffs. Article 19 ( Health Care Service ) The old-age care institution shall set up health files for the aged people it receives, conduct regular medical checkup, and prevent diseases. The old-age care institution shall take necessary measures to isolate the aged people from infectious disease. The old-age care institutions shall develop activities suitable for the aged people to recuperate their health. Article 20 (Requirements for Sanitary Sterilization) The old-age care institutions shall establish the sanitary system to sterilize regularly the aged people' s dinnerware, quilts, sheets and clothes. Article 21 ( Cultural and Physical Activities ) The old-age care institution shall be equipped with facilities suitable for the aged people' s cultural and physical activities, and shall organize some cultural and physical activities beneficial to the aged people' s health and mind. Article 22 ( Duty System at Night ) The old-age care institutions shall establish a duty system at night in order to monitor the aged people at night time. Article 23 ( Charge Regulations ) Non-profit-making old-care institutions shall charge according to prices set by or guided by the government while profit-making old-age care institutions may set the charge rate on their own or charge according to the prices guided by the government. The old-age care institutions shall publish the charge rate for all kinds of service item. Article 24 ( Approval to the Change of the Use of House and Site ) If the old-age care institution undertakes other operational services by making use of its house and site or transfer, lease or lend its house and site, the old-age care institution shall have the consent from the Municipal or district/county level before it goes through the approval procedures at the relevant departments. Chapter IV Support and Favor Article 25 (Object of Support ) The old-age care institution that receives the aged people who are the permanent residents of this Municipality can enjoy the policy of support and favor according to the provisions of these Procedures. Article 26 ( Preferences of Tax and Land-use ) The old-age care institution enjoys tax preference of reduction or exemption according to the provisions of the State and this Municipality. Non-profit-making old-age care institutions may obtain the land-use right by way of allocating state-owned land, requisitioning collectively-owned land or using collectively-owned land. Land reclamation fund and tax of occupying cultivated land can be exempted or reduced if the collectively-owned land is requisitioned or used to build non-profit-making old-age care institutions. Article 27 ( Preferences of Charges for Urban Construction and Public Utilities) For the non-profit-making old-age care institutions, the following charges are exempted: 1. Capacity increasing fees for running water, gas, waste and sewage; 2. Special fund for developing new type of wall materials; 3. Expenditure of civil air defense. If the non-profit-making old-age care institutions build houses for the aged people to live in, the civil air defense construction fee is exempted. If the non-profit-making old-age care institutions use electricity within the specified voltage range, power distribution subsidy fee is reduced to half and power supply subsidy fee is exempted. The non-profit-making old-age care institutions may enjoy preferential treatments in using running water, gas and electricity, and the specific procedures shall be formulated by the municipal price control administrative department along with the relative departments. Article 28 (Transportation Convenience ) Highway tolls for working vehicles of the non-profit-making old-age care institutions shall be reduced or exempted upon verification from the municipal civil engineering management department. Working vehicles of non-profit-making old-age care institutions shall be provided with convenience by the relative units when passing tunnels, cable bridges across the Huang Pu River, viaducts, and expressways. Article 29 ( Reimbursement of Medical Service Expenses and Scope of Medical Services ) The grade one medical service institution where the old-age care institution is located shall offer community medical service by visiting the aged people that the old-age care institution receives. The medical service expenses concerned shall be dealt with in accordance with the relevant regulations for the public health service, labor protection medical care or medical insurance. If the medical service expenses incur out of the medical service offered by the medical service institution set up inside the old-age care institution to its aged people, these expenses shall be dealt with in accordance with the relevant regulations for the public health service, labor protection medical care or medical insurance. The setup procedures and the scope of medical service specified in the previous provision shall be implemented according to the relevant management regulations of the medical service departments of the State and this Municipality. Article 30 ( Government Guarantee and Subsidy ) Aged people without income and supporters may apply to the Bureau of Civil Affairs for basic old-age care guarantee and the civil affairs department shall arrange for these aged people to live in the old-age care institution. The old-age care institution that receives the aged people who are in one of the following cases may apply to the People' s Government at the same level for subsidies: 1. Without income and supporters; 2. Whose income lower than the minimum life protection standards; 3. Other special situations. The subsidy standards specified in the previous provision shall be put forward by the Bureau of Civil Affairs, and shall be examined and approved by the municipal finance department. Article 31 ( Commendation ) The People' s Government at municipal and district/county levels shall commend those units or individual persons that make outstanding contributions for the support and development of the old-age care institutions. Chapter V Supervision and Evaluation Article 32 ( Supervision of Aged People and Their Relatives) The old-age care institutions shall open a special account for the expenses for the aged people' s meal and disclose the account to the aged people and their relatives at regular intervals. If the old-age care institution breaches the contract, the aged people or their relatives may complain to the Bureau of Civil Affairs at the municipal and district/county levels, and they may also bring civil action according to law. Article 33 ( Supervision of the Bureau of Civil Affairs ) The old-age care institutions shall report regularly to the Bureau of Civil Affairs at the municipal or district/county levels on the services it provides. The Bureau of Civil Affairs at the municipal and district/county levels shall supervise and inspect the service scope, service quality, and the service revenue and expenditure of the old-age care institutions. Article 34 ( Audit Supervision ) The old-age care institutions shall set up financial and accounting rules and regulations, compile regular financial statements and accept the supervision of audit departments. Article 35 ( Evaluation ) The evaluation system is practiced upon old-age care institutions in this Municipality. The Bureau of Civil Affairs at the municipal and district/county levels shall give a comprehensive evaluation regularly on the site, facilities, equipment, personnel, service quality, and reputation of the old-age care institution by organizing specialists on nutrition, medical care, nursing and finance and people enthusiastic about the old-age cause. The specific procedures for evaluation shall be formulated by the Municipal Bureau of Civil Affairs. The Bureau of Civil Affairs at the municipal or district/county levels shall publish the evaluation results on the old-age care institutions to the society. Article 36 ( Annual Examination and Verification ) The Bureau of Civil Affairs at the municipal and district/county levels shall examine and verify the business license of the old-age care institutions once a year. The old-age care institutions shall apply to the Bureau of Civil Affairs at the municipal or district/county levels for examination and verification within the period set by the Bureau of Civil Affairs at the municipal or district/county levels. If an old-age care institution does not pass the inspection or does not apply for inspection before the deadline, this institution shall not continue its service activities. Chapter VI Legal Liability Article 37 ( Administrative Punishment ) If a unit or an individual person violates the provisions of these Procedures in any of the following ways, the unit or the individual person shall be ordered by the Bureau of Civil Affairs at the municipal or district/county levels to rectify it within a specified time limit, and if no action is taken to rectify within the time limit, a fine ranging from f500 yuan to 30,000 yuan shall be imposed: 1. establishing an old-age care institution without applying to the Bureau of Civil Affairs at the municipal or district/county levels; 2. starting business without applying to the Bureau of Civil Affairs at the municipal or district/county levels for check before acceptance, or starting business though failing to pass the inspection; 3. merging or dissolving the old-age care institution, or altering the name, address or main responsible person of the old-age care institution without approval from the approval departments according to the provisions of the present Procedures; 4. continuing to provide services without passing the annual inspection of old-age care institution or without going through necessary procedures to have the business license examined. Article 38 ( Termination of Support and Favor Measures ) If an old-age care institution violates the provisions of these Procedures in one of the following ways, the relevant departments have the right to terminate the support and favor measures or to recover the reduced or remitted charges if necessary: 1. undertakes other operational services or activities by making use of the houses and site of the old-age care institutions without authorization; 2. transfers, leases or lends the houses and site of the old-age care institutions without authorization 3. offers services to the aged people without following the provisions of these Procedures; 4. turns a non-profit-making old-age care institution into a profit-making institution without authorization. Article 39 ( Punishment Procedures ) The Bureau of Civil Affairs at the municipal and district/county levels shall issue a Certificate of Decision of Administrative Punishment when they make the decision. A uniform receipt for confiscated assets shall be printed by the municipal financial department for the punishments. Fines shall be turned over to the State treasury according to the stipulations. Article 40 ( Reconsideration and Lawsuit ) If the party concerned refuses to obey the concrete administrative acts of the administrative departments, the party may apply for an administrative reconsideration according to the Regulations on Administrative Reconsideration or bring an administrative litigation according to the Administrative Litigation Law of the People' s Republic of China. The administrative departments that has made the concrete administrative acts may apply to the People' s Court for enforcement according to the Administrative Litigation Law of the People' s Republic of China if the party concerned neither applies for reconsideration, nor brings an administrative litigation, and fails to perform the concrete administrative acts within the legal time limit. Article 41 (Responsibilities of Law Enforcers' Unlawful Practice ) The law enforcers at the administrative departments shall observe discipline, abide by laws, and act with justice. Those who neglect their duties, abuse their power, act wrongly for selfish ends, seek or take bribes, or pervert the law shall be given an administrative punishment by the unit or the higher concrete department. Those who constitute a crime shall be prosecuted for their criminal liabilities according to the law. Chapter VII Supplementary Provisions Article 42 ( Disposal of the Relevant Items before the Implementation of these Procedures ) Old-age care institutions established before the implementation of the present Procedures shall go through the corresponding procedures according to the provisions of these Procedures within the time limit set by the Municipal Bureau of Civil Affairs. Article 43 ( Management of the Community Service Centers ) Community Service Centers set up by the sub-district office and people' s government at different levels that provide daytime life service to the aged people shall be managed in accordance with these Procedures. The Municipal Bureau of Civil Affairs shall formulate specific procedures for these centers separately. Article 44 ( Department Responsible for Interpretation in Application ) The Municipal Bureau of Civil Affairs may be responsible for the interpretation of the concrete application of these Procedures. Article 45 ( Date of Implementation ) These Procedures shall become effective on October 1, 1998. |
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