Order of the Ministry of civil affairs of the people's Republic of China

No. 66

The measures for the administration of elderly care institutions, which were adopted at the ministerial meeting of the Ministry of Civil Affairs on August 21, 2020, are hereby promulgated and shall enter into force as of November 1, 2020.

September 1, 2020

full text reads as follows

Measures for the administration of elderly care institutions

Chapter I General Provisions

Article 1 These measures are formulated in accordance with the law of the people's Republic of China on the protection of the rights and interests of the elderly and relevant laws and administrative regulations in order to standardize the management of elderly care institutions and promote the healthy development of elderly care services.

Article 2 the term "pension institutions" as mentioned in these Measures refers to institutions that handle registration according to law and provide full-time centralized accommodation and care services for the elderly, with more than 10 beds.

Pension institutions include for-profit pension institutions and non-profit pension institutions.

Article 3 the civil affairs departments of the people's governments at or above the county level shall be responsible for the guidance, supervision and administration of elderly care institutions. Other relevant departments shall supervise the elderly care institutions according to the division of responsibilities.

Article 4 elderly care institutions shall carry out service activities in accordance with laws, regulations and mandatory standards such as construction, fire control, food safety, medical and health, special equipment and so on.

Pension institutions and their staff shall protect the personal rights, property rights and other legitimate rights and interests of the elderly according to law.

Article 5 the elderly and their agents who live in pension institutions shall abide by the rules and regulations of pension institutions and maintain the normal service order of pension institutions.

Article 6 on the premise of meeting the centralized support needs of the extremely poor, the elderly care institutions invested and established by the government shall give priority to ensuring the service needs of the elderly such as the orphans, the disabled, the elderly, family planning special families and so on.

Pension institutions invested and established by the government can be operated and managed by social forces by means of entrusted management, lease operation, etc.

Article 7 the civil affairs department shall, together with relevant departments, take measures to encourage and support enterprises, institutions, social organizations or individuals to set up and operate elderly care institutions.

Encourage natural persons, legal persons or other organizations to provide donations and voluntary services to elderly care institutions according to law.

Article 8 pension institutions are encouraged to join pension service industry organizations, strengthen industry self-discipline and integrity construction, and promote the standardized and orderly development of the industry.

Chapter II filing

Article 9 the establishment of for-profit pension institutions shall be registered with the market supervision and administration department. The establishment of non-profit pension institutions shall go through corresponding registration according to law.

After registration, the elderly care institution can carry out service activities.

Article 10 a profit-making elderly care institution shall file a record with the Civil Affairs Department of the people's government at the county level where the service place is located within 10 working days after receiving the elderly. A non-profit elderly care institution shall file a record with the Civil Affairs Department of the people's government at the same level of the registration administration organ within 10 working days after receiving the elderly.

Article 11 when handling the filing, an elderly care institution shall submit the filing application, the registration certificate of elderly care institution, the letter of commitment meeting the requirements of Article 4 of these measures and other materials to the Civil Affairs Department, and be responsible for the authenticity.

The filing application shall include the following contents:

（1） Basic information of pension institutions, including name, residence, legal representative or main person in charge;

（2） Ownership of service place;

（3） Number of nursing beds;

（4） Area of service facilities;

（5） Contact person and contact information.

Civil affairs departments shall strengthen information construction and gradually realize online filing.

Article 12 after receiving the filing materials of elderly care institutions, the civil affairs department shall issue a filing receipt if the materials are complete; If the materials are not complete, the elderly care institution shall be guided to make corrections.

Article 13 If a registered elderly care institution changes its name, legal representative or main person in charge, or changes the ownership of service places, the number of elderly care beds, the area of service facilities, etc., it shall go through the change filing with the original civil affairs department in time.

If an elderly care institution changes its service place within the jurisdiction of the original filing authority, it shall timely go through the change filing with the original filing civil affairs department. If a profit-making elderly care institution changes its service place beyond the jurisdiction of the original filing authority, it shall timely go through the filing with the Civil Affairs Department of the people's government at the county level where the changed service place is located.

Article 14 the civil affairs department shall disclose to the public such information as filing matters, processes, material lists and so on through the government website, new government media, bulletin boards in the office hall, service windows and other channels.

The civil affairs department shall rely on the national integrated online government affairs service platform to promote the interconnection and data sharing of the information systems of registration and administration organs and filing organs.

Chapter III service specifications

Article 15 an elderly care institution shall establish an admission evaluation system to evaluate the physical and mental status of the elderly, and determine the level of care and nursing according to the evaluation results.

If the physical and mental status of the elderly changes and the level of care needs to be changed, the elderly care institution shall re evaluate it.

When an elderly care institution determines or changes the level of care for the elderly, it shall obtain the consent of the elderly or their agents.

Article 16 an elderly care institution shall sign a service agreement with the elderly or their agents to clarify the rights and obligations of the parties.

The service agreement generally includes the following terms:

（1） The name, domicile, legal representative or main person in charge and contact information of the elderly care institution;

（2） The name, address, identity certificate and contact information of the elderly or his agent and emergency contact person;

（3） Care level, service content and service mode;

（4） Charging standard and payment method;

（5） Service term and place;

（6） Conditions for change, cancellation and termination of the agreement;

（7） Placement of the elderly when services are suspended or terminated;

（8） Liability for breach of contract and dispute resolution;

（9） Other contents agreed by the parties through consultation.

Article 17 elderly care institutions shall provide life care, rehabilitation care, spiritual comfort, culture and entertainment and other services for the elderly in accordance with the service agreement.

Article 18 an elderly care institution shall provide the elderly with daily care services such as diet, daily life, cleaning and sanitation.

An elderly care institution shall provide residential houses that meet the accommodation conditions of the elderly, be equipped with facilities, equipment and appliances suitable for the safety protection requirements of the elderly, and regularly disinfect and clean the activity places and articles of the elderly.

The diet provided by an elderly care institution shall meet the food safety requirements, be suitable for the elderly, be conducive to the nutritional balance of the elderly, and comply with national customs and habits.

Article 19 elderly care institutions shall establish health archives for the elderly, carry out publicity of daily health care knowledge and do a good job in disease prevention. When an elderly care institution breaks out of a critical disease, it shall timely transfer it to a medical institution for treatment and notify its emergency contact person.

Pension institutions can provide medical services for the elderly by establishing medical institutions or cooperating with surrounding medical institutions. Where an elderly care institution establishes a medical institution, it shall be managed in accordance with the relevant laws and regulations on the management of medical institutions.

Article 20 If an elderly care institution finds that the elderly are patients with infectious diseases or suspected patients with infectious diseases, it shall timely report to the nearby disease prevention and control institutions or medical institutions, and cooperate with the implementation of preventive and control measures such as sanitary treatment and isolation.

If an elderly care institution finds that the elderly are suspected patients with mental disorders, it shall deal with them in accordance with the provisions of relevant laws and regulations on mental health.

Article 21 an elderly care institution shall, according to needs, provide emotional counseling, psychological counseling, crisis intervention and other spiritual comfort services for the elderly.

Article 22 pension institutions shall carry out cultural, educational, sports and recreational activities suitable for the elderly to enrich the spiritual and cultural life of the elderly.

When carrying out cultural, educational, sports and entertainment activities, elderly care institutions shall provide necessary safety protection measures for the elderly.

Article 23 elderly care institutions shall provide convenience for family members of the elderly to visit or greet the elderly, and provide help for the elderly to contact family members.

Article 24 elderly care institutions are encouraged to operate community elderly care service facilities, or provide home-based elderly people with meals, baths, cleaning and other services.

Chapter IV Operation Management

Article 25 an elderly care institution shall, in accordance with the relevant provisions of the state, establish and improve rules and regulations on safety, fire control, food, health, finance and archives management, formulate service standards and work processes, and make them public.

Article 26 an elderly care institution shall be staffed with staff suitable for its service and operation, sign employment contracts or labor contracts with it according to law, and regularly carry out professional ethics education and professional training.

Personnel engaged in medical treatment, rehabilitation, fire control and other services in elderly care institutions shall have corresponding professional qualifications.

Elderly care institutions shall strengthen vocational skills training for elderly care nurses, and establish and improve the salary system reflecting factors such as vocational skills level.

Article 27 an elderly care institution shall reasonably determine the charging standard of service items according to its registration type, business nature, operation mode, facilities and equipment conditions, management level, service quality, care level and other factors, and abide by the relevant provisions of the state and local governments on price management.

Pension institutions shall publicize the charging standards and charging basis of various service items in an eye-catching position, and accept social supervision.

Article 28 pension institutions shall be on duty 24 hours to ensure the safety of the elderly.

Elderly care institutions shall install video monitoring facilities in public places such as entrances and exits, reception hall, duty room, corridor and canteen, and properly keep video monitoring records.

Article 29 If an elderly care institution has a canteen, it shall obtain the food business license issued by the market supervision and administration department, strictly abide by relevant laws, regulations and food safety standards, implement the systems of raw material control, cleaning and disinfection of tableware and drinking utensils, food sample retention, etc., and carry out the self inspection of canteen food safety according to law.

If an elderly care institution orders meals from a meal supply unit, it shall order from the meal supply unit that has obtained the food production and operation license, and inspect the ordered food as required.

Article 30 elderly care institutions shall perform their duties of fire safety according to law, improve the fire safety management system, implement the fire safety responsibility system, allocate fire-fighting facilities and equipment, regularly detect and maintain them, carry out daily fire patrol and inspection, and regularly organize fire safety training for fire fighting and emergency evacuation.

The legal representative or main person in charge of the elderly care institution shall be fully responsible for the fire safety work of the unit. The elderly care institution belonging to the key unit of fire safety shall determine the fire safety manager, be responsible for organizing the implementation of the fire safety management of the unit, and report to the local fire rescue institution.

Article 31 an elderly care institution shall formulate emergency plans for natural disasters, accident disasters, public health events, social security events and other emergencies according to law, equip the place with alarm devices and necessary emergency rescue equipment and facilities, and regularly carry out emergency drills for emergencies.

After an emergency occurs, the elderly care institution shall immediately start the emergency plan, take necessary disposal measures to prevent the expansion of hazards, and report to the relevant departments and civil affairs departments according to the division of responsibilities for emergency response management.

Article 32 an elderly care institution shall establish information archives for the elderly, collect and properly keep relevant materials such as service agreements. The retention period of archives shall not be less than five years after the expiration of the service agreement.

Pension institutions and their staff shall protect the personal information and privacy of the elderly.

Article 33 pension institutions shall accept and use donations and subsidies in accordance with the relevant provisions of the state.

Encourage elderly care institutions to provide convenience for social workers and volunteers to carry out services within the institutions.

Article 34 pension institutions are encouraged to take out liability insurance to reduce their operational risks.

Article 35 If an elderly care institution suspends or terminates its services due to change or termination, it shall notify the elderly or their agent in writing in advance within a reasonable period of time, and inform the civil affairs department in writing.

If the elderly need resettlement, the elderly care institution shall negotiate with the elderly or their agents to determine the resettlement in accordance with the service agreement. The civil affairs department shall provide assistance for elderly care institutions to properly resettle the elderly.

After terminating its services, an elderly care institution shall liquidate and cancel its registration according to law.

Chapter V Supervision and inspection

Article 36 the civil affairs department shall strengthen the supervision and inspection of the service and operation of elderly care institutions. If any violation of the provisions of these measures is found, it shall be dealt with in a timely manner according to law and made public to the public.

If the civil affairs department finds that there are violations of laws and regulations that should be investigated and dealt with by other departments in the elderly care institutions during the supervision and inspection, it shall timely notify the relevant departments for handling.

Article 37 when performing their duties of supervision and inspection according to law, civil affairs departments may take the following measures:

（1） Get information from pension institutions and individuals;

（2） Enter the suspected illegal elderly care institutions for on-site inspection;

（3） Consult or copy relevant contracts, bills, account books and other relevant materials;

（4） If an elderly care institution is found to have risks that may endanger personal health and the safety of life and property, it shall be ordered to make corrections within a time limit. If it fails to make corrections within the time limit, it shall be ordered to suspend business for rectification.

When the civil affairs department carries out supervision and inspection, there shall be no less than two supervision and inspection personnel, who shall show their law enforcement certificates.

For the supervision and inspection conducted by civil affairs departments according to law, pension institutions shall cooperate, truthfully provide relevant materials and information, and shall not conceal, refuse or hinder.

Article 38 for the elderly care institutions that have been filed, the filing civil affairs department shall conduct on-site inspection and verify the filing information within 20 working days from the date of filing; The Civil Affairs Department of the people's government at the county level where the service place is located shall, within 20 working days from the date when it is found that the elderly are taken in, conduct on-site inspection and urge them to put on record in time.

The civil affairs department shall conduct on-site inspection on the service safety and quality of elderly care institutions at least once a year.

Article 39 the civil affairs department shall supervise and inspect the elderly care institutions by randomly selecting inspection objects and randomly assigning inspectors. The spot check and the investigation results shall be announced to the public in a timely manner.

The civil affairs department shall determine the proportion and frequency of random inspection in combination with the service scale, credit record and risk degree of elderly care institutions. We will appropriately increase the proportion and frequency of spot checks on elderly care institutions with high risk of violation of laws and credibility, and implement strict management and punishment in accordance with laws and regulations.

Article 40 the civil affairs department shall strengthen the prevention, monitoring and early warning of illegal fund-raising of elderly care institutions. If an elderly care institution is suspected of illegal fund-raising, it shall be handed over to the relevant departments in time in accordance with the relevant provisions.

Article 41 civil affairs departments shall make full use of information technology means to strengthen the supervision and inspection of elderly care institutions and improve their supervision ability and level.

Article 42 the civil affairs department shall regularly carry out the statistical work of the elderly care service industry, and the elderly care institutions shall timely and accurately submit relevant information.

Article 43 an elderly care institution shall listen to the opinions and suggestions of the elderly or their agents, and give play to its role in supervising and promoting the service and operation of elderly care institutions.

Article 44 the civil affairs department shall unblock the reporting and complaint channels for elderly care institutions and deal with relevant reports and complaints in a timely manner according to law.

Article 45 If the civil affairs department finds that an individual or organization carries out activities in the name of an elderly care institution without registration, it shall notify the relevant registration administration organ in writing and cooperate with the investigation and punishment.

Chapter VI Legal Liability

Article 46 If an elderly care institution commits any of the following acts, the civil affairs department shall order it to make corrections and give a warning; If the circumstances are serious, a fine of less than 30000 yuan shall be imposed:

（1） Failing to establish an admission evaluation system or carry out evaluation activities in accordance with regulations;

（2） Failing to sign a service agreement with the elderly or their agents, or failing to provide services in accordance with the agreement;

（3） Failing to provide services in accordance with relevant mandatory national standards;

（4） The qualifications of staff members do not meet the provisions;

（5） Using the houses, sites and facilities of elderly care institutions to carry out activities unrelated to the purpose of elderly care services;

（6） Failing to prevent and handle emergencies in accordance with the provisions of these measures;

（7） Discrimination, insult, abuse of the elderly and other violations