Given the distinctive characteristics of the healthcare sector, China has implemented specialized regulations to oversee the activities of medical enterprises. As the global demand for pharmaceutical products grows, conversations around setting up medical device companies in China and exporting medical devices are becoming more common. If you're considering launching a healthcare operation in China, you're likely seeking guidance on how to proceed. Let's delve into the process of successfully establishing your business in this dynamic industry!
In China, applying for a Medical Device Operation License is a critical legal procedure designed to ensure that the business activities of medical devices comply with the national safety and quality standards set by the regulations. This process typically involves several key steps, including the preparation and submission of necessary documents, certification of a quality management system, and undergoing an on-site inspection by the relevant government authorities.
It is important to note that medical devices are categorized into different classes based on their potential risk levels, and the application process and requirements may vary accordingly. Therefore, applicants should thoroughly understand the relevant regulations and requirements before preparing their application and may seek professional consulting services if necessary to ensure a smooth approval process. Why not let Hongda help you with this!
Covering ‘operation of medical device’ in the company’s business scopes: Application for the operation of medical devices must be submitted based on a company entity whose main business scope focuses on the operation medical device. Ensuring a related and comprehensive business scope should be planned as you register your WFOE in China.
Meeting the compulsory requirements of different classifications: According to China’s industry standards: the operation of medical devices can be further divided into three classes (Class I, Class II, and Class III) with different requirements. Different types of medical devices may fall into different classes where application materials and requirements vary.
Please see the following table for the comparison of the differences between those three classes of Medical Device Operation Licenses.
Class I | Class II | Class I | |
Scope of Application | Low-risk medical devices | Medium-risk medical devices | High-risk medical devices |
Description | These devices have a low risk and typically include non-invasive, low-risk products. | Devices in this category pose a moderate level of risk and include products that require invasion into the body, with higher associated risks. | These devices are considered high-risk products, often involving complex technologies and invasive procedures. |
Examples of instruments | Surgical instruments, X-ray films, surgical gowns, surgical caps, examination gloves, gauze bandages, drainage bags, regular hospital beds, wheelchairs, etc. | Adhesive bandages, condoms, thermometers, blood pressure monitors, oxygen concentrators, nebulizers, etc. | Infusion sets, syringes, intravenous catheters, cardiac stents, ventilators, CT scanners, magnetic resonance imaging (MRI), pacemakers, artificial heart valves, artificial joints, etc. |
Application method | No additional application required. | Submit a record application for approval to the municipal department responsible for drug supervision and management. | Submit an application to the municipal Administration for Market Regulation in your city (on-site inspection is required). |
Personnel Requirements | Basic qualifications for key personnel only. |
At least 1 professional with expertise in medical devices for wholesale enterprises dealing with no more than 8 categories of products. At least 2 full-time quality management personnel are required, with at least 1 person possessing expertise in medical devices for enterprises dealing with more than 8 categories of products. |
Over 5 employees with at least 1 person possessing a professional educational background in medical devices or a related field*. Additional requirements need to be met for specific categories of medical devices such as contact lenses, IVD, and invasive and implantable medical devices. |
*Professional expertise in medical devices includes fields such as medical devices, biomedical engineering, mechanical engineering, electronics, medicine, bioengineering, chemistry, pharmacy, nursing, rehabilitation, laboratory medicine, management, and related disciplines.
Step One: Understand Relevant Laws and Regulations
Before applying for a Medical Device Operation License, it is crucial to have a solid understanding of the relevant laws and regulations. Familiarity with these regulations is essential to avoid errors during the license application process. This knowledge can be acquired through the official website of the National Medical Products Administration or other regulation inquiry websites. The easiest way to do so, however, is to work with Hongda and let us tell you everything you need to know!
Step Two: Qualification Review Application
After gaining knowledge of the applicable laws and regulations, the next step is to prepare the necessary documentation for a qualification review. This review is conducted to verify whether the applicant meets the conditions for operating medical devices. Required documents include the business license, organization code certificate, tax registration certificate, and the legal representative's identification, along with other supporting materials.
Step Three: Submission of Application Materials
Submitting the application materials is a critical step in obtaining a Medical Device Operation License. Before submission, it is essential to thoroughly understand the relevant regulations and the specific documentation required. Application materials typically include a business plan, a catalog of medical device products, quality management and financial system documentation, and proof of qualifications for relevant personnel. Hongda will help you all the way through with our ‘no success, no charge’ promise. Just relax!
Step Four: On-Site Assessment
Following the submission of application materials, the government will conduct an on-site assessment of the company. This assessment covers aspects such as warehouse size, equipment, office staff numbers, and an evaluation of the product quality management system.
Step Five: Approval!
After the on-site assessment, the application undergoes an approval process. If approved, the company will receive the Medical Device Operation License. In the event of non-approval, addressing the reasons for rejection is necessary, and the application may need to be resubmitted.
As you may be aware, the medical device industry is governed by complex regulations and approval processes to ensure public safety. At Hongda, we offer comprehensive one-stop services, from company registration to obtaining a Medical Device Operation License. Our professional team will accompany you throughout the process, ensuring precision and efficiency at every step. Whether it's product registration, quality management system certification, or market access strategy, we provide tailored solutions to meet your specific needs.
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Jack Peng
Sound United Vice President > Asia Pacific
Sound United is the leading designer and manufacturer of consumer audio products in the US. Sound United has been using Hongda since 2013. Moving one’s operation to China is not a small task, But Hongda’s expert services helped us set up a company and deal with tax issues so we could get on with growing our business in no time at all, and that’s why we continue to use them today.
WFOE/JV: Slow registration time.
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