Procedure of approval of establishment of foreign medical institutions within the Free Economic Zones is being prepared
- Regdate2012-05-08 09:54
- Hit6,459
Procedure of approval of establishment of foreign medical institutions within the Free Economic Zones is being prepared.
- Ministry of Health and Welfare made an advance notice of the legislation of the enforcement rule that defines the procedure of approval of establishment of foreign hospitals, etc to create an environment for foreigners that live in the free economic zone to use health care service.
As the enforcement decree of the Special Act on Designation and Operation of the Free Economic Zone has been enacted and promulgated (20 Apr. 2012), Ministry of Health and Welfare made an advance notice of the legislation of the enforcement rule on 30 Apr. 2012 (Mon.) that includes 1) the cooperation system with health care institutions that are established and operated by foreign law, 2) the percentage of doctors and dentists that have foreign licenses, and 3) the procedure of approval of establishment of health care institution, etc that is to be regulated as the decree of Ministry of Health and Welfare regarding the establishment of foreign medical institutions within the free economic zone according to the enforcement decree.
* Rule about the procedure of approval of establishment of foreign health institutions within the free economic zone and the cooperation network with medical institutions that are set up and run by foreign law, etc.
To help foreign health care institutions that are being established in the free economic zone have features truly as foreign medical institutions, the enforcement rule regulates that the corporate body that is established by a foreigner for the purpose of health care business in the free economic zone in accordance with the commercial law is required to make an operation agreement with a foreign hospital (health care institution that is established and operated by foreign law) and a chief of the health care institution and more than a half of members of the decision-making body related to operation of the hospital is to be doctors belonging to the foreign hospital.
In addition, at least 10% of the medical staff shall be those with foreign doctor’s or dentist’s licenses and each department shall have more than one person with a foreign license.
In the meantime, given a lot of cost is required to build a healthcare institution, a pre-evaluation system is adopted in accordance with Article 19 of the Act on Civil Petitions Treatment.
* Chief of an administrative institution is to notify a result of the pre-evaluation if a pre-evaluation is requested with a simpler form of document before an official submission is made in the case of a civil petition that accompanies a considerable size of economic cost.
< Main contents of the enforcement rule >
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▸ Pre-evaluation on approval of establishment of a foreign medical institution (Article 2, draft)
- To clarify the validation of the fulfillment of requirements for a foreign medical institution before approval by regulating the pre-evaluation in accordance with Article 13 of the Act on Civil Petition Treatment
* Chief of an administrative institution is to notify a result of the pre-evaluation if a pre-evaluation is requested with a simpler form of document before an official submission is made in the case of a civil petition that accompanies a considerable size of economic cost.
▸ Cooperation system with medical institutions that are set up and run by foreign law (Article 4, draft)
- To make an operation agreement with a medical institution by foreign law and have doctors from the hospital under the agreement for more than a half of members of the decision-making body regarding healthcare service and chief of hospital
* Under the article of incorporation, chief of the institution will be a chief of the hospital and the person in charge of each department will be a member.
▸ The share of those with foreign licenses (Article 5, draft)
- For flexible operation of human resources, the minimum portion of foreign license holders will be 10% and one or more foreign license holders shall be assigned to each department that will be established. |
An official from Ministry of Health and Welfare said, “this enforcement rule defines the basic
procedure that is needed for establishment of health care institutions within the range assigned
by the Special Act on Designation and Operation of the Free Economic Zones and its
enforcement decree.”
“Foreign health care institutions are established to basically create an environment in which
foreigners that live in the free economic zone can use health care service within the free
economic zone and the reason why the establishment body is a corporation in accordance with
the commercial law is to make sure easy capital supply, which is different than a domestic
investment open-type medical corporation in terms of intentions.”
From now on, Ministry of Health and Welfare will plan to enable foreign medical institutions that will be built in the free economic zone to be established according to the intention of the system through collection of enough opinions during the advance notice period (30 Apr. ~ 8 Jun. 2012).
[ENG][4.30]Procedure of approval of establishment of foreign medical institutions within the Free Economic Zones is being prepared.docx