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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/23 21:52
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Chapter Law Content

Chapter 2 Registration and Market Approval
Article 13
For application of registration and market approval, unless otherwise stated, reviews of its inspection specifications, submission for testing and technical document review progress concurrently.
The operating procedures in the preceding paragraph shall be in accordance with the proclamations of the central health competent authority.
Article 14
For application of registration and market approval of domestically manufactured Class 1 medical devices, the following documents shall be submitted for review:
1. Application form for Class 1 medical device registration and market approval and original copy of affidavit.
2.A photocopy of pharmaceutical firm permit license as a medical device manufacturer.
3.Documents verifying that the manufactory in conformity with the Good Manufacturing Practices for Medical Devices in accordance with the Part 3 of the Pharmaceutical Good Manufacturing Practice Regulations (hereafter referred to as GMP for Medical Devices). Product items in accordance with the Article 4 Appendix II of the Regulations for Governing the Management of Medical Device are exempted from this subparagraph.
In the event of the pharmaceutical firm applying for registration different from the manufacturer, it shall be deemed as commission manufacturing.
The medical device applying for registration is commissioned to manufacture or analysis, it shall be in conformity with the Regulations for Medicament Contract Manufacture and Analysis.
The medical device applying for registration in Paragraph 1 shall be in conformity with proclamations of the central health competent authority; and the technical documentation of the device shall be kept in the manufactory for inspection, which including: the Chinese instruction leaflet, instruction for use, packaging, labels of the medical device, and documents with the product information such as construction, material, specification, efficacy, purpose, drawing and others, and documents of pre-clinical trial, and inspection results of quality control of original manufacturer. The central health competent authority may order its submission if necessary.
The registration and market approval application filed in accordance with Paragraph 1 may be submitted in writing or online. In the case of submission in writing, the applying pharmaceutical firm shall sign or affix its seal to the application form. In the case of submission online, the IC card issued by the Certificate Authority of the Ministry of Economic Affairs shall be used, and the documents set forth in Subparagraphs 1 and 2 of Paragraph 1 may not be required.
Article 15
For application of registration and market approval for domestically manufactured Class 2 or Class 3 medical devices, the following documents shall be submitted for review:
1.One copy each of the original and photocopy of the medical device registration and market approval application form.
2.Two copies of each of the following items: the form for attaching outer box instruction label with all Chinese instruction leaflet catalog packaging, and labeling, instructions for use, and color pictures of the physical appearance of product.
3.A photocopy of pharmaceutical firm permit license as a medical device manufacturer.
4.Affidavit (A)
5.Documents verifying that the domestic manufacturing factory is in conformity with the GMP for Medical Devices.
6.One copy of each of the follwing items: pre-clinical testing and the test specifications and methods, the original test records, and the test reports of the quality control conducted by the original manufacturer.
7.One copy of each of the relevant documents concerning product structure, materials, specifications, performance, intended uses, and drawings, etc. For instrument products, an operation manual or a service manual covers all of the above-mentioned items may be a substitution.
8.Theoretical basis and relevant research reports and data.
9.Clinical trial reports.
10.Two copies of radiation safety information for equipments generating ionizing radiation.
Documents of the Subparagraphs 5 in the preceding paragraph, in accordance with any of the followings, may be substituted with photocopies of documents verifying compliance with the Good Manufacturing Practices for Pharmaceuticals in accordance with the Part 2 of the Pharmaceutical Good Manufacturing Practice Regulations (hereafter referred to as GMP for Pharmaceuticals):
1.The medical device applying for registration and market approval was regulated as pharmaceutical product before. This rule applies within three years from the date of proclamations of listing change.
2.The medical device was regulated as a pharmaceutical product before January 1, 2013. This rule applies within three years from the promulgation date of the September 5, 2014 amendment to this Regulation.
The central health competent authority shall determine or announce whether the medical device applying for registration and market approval requires clinical trials in Taiwan in light of the medical device product item, the case, and the materials submitted.
In the event of already a product in the market similar to the medical device applying for registration, except where other regulations apply, the documents specified in Subparagraphs 8 and 9 of Paragraph 1 may be waived. However, the applicant shall additionally attach a domestic clinical trial report when clinical trials in Taiwan are required in accordance with the foregoing Paragraph.
In the event of applying for registration and market approval of Class 2 medical devices with no predicate product previously approved to market by the central health competent authority, the documents specified in Subparagraphs 9 of Paragraph 1 may be waived if the medical device is in conformity with the related simplified rules or regulations announced by the central health competent authority. However, a domestic clinical trial report shall be submitted when a domestic clinical trial is required according to Paragraph 3.
In the event of applying for registration of medical devices exclusively for export, submissions for testing are not required, and documents required by Subparagraphs 6 to 10 of Paragraph 1 shall be exempted.
The registration and market approval of IVDs shall be in conformity with the preceding six paragraphs and announcements by the central health competent authority. For the IVDs listed as Class III according to the Regulations for Governing the Management of Medical Device and required to undergo testing, as announced by the central health competent authority, two (2) copies of the documents specified in Subparagraph 6 of Paragraph 1 shall be submitted, and submission for testing shall be required, except for products exclusively for export.
The medical devices applying for Class III registration and market approval, except products exclusively for export, shall also submit documents of Essential Principles (EP) and Summary of Technical Documentation (STED) in accordance with Appendix.
In the event of the pharmaceutical firm applying for registration and market approval different from the manufacturer, it shall be deemed as commission manufacturing.
In the event of the medical device applying for registration and market approval is commissioned to manufacture or testing, the device shall be in conformity with the preceding nine paragraphs and the Regulations for Medicament Contract Manufacture and Analysis.
The medical device applying for registration in Paragraph 1 and Paragraph 6 shall be in conformity with related rules or regulations announced by the central health competent authority, and the documents exempted from submission shall be kept in the manufacturing factory. The central health competent authority may order its submission when necessary.
Article 16
For application of registration and market approval for imported Class I medical device, the following documents shall be submitted:
1.Application form for Class I medical device registration and market approval and original copy of affidavit.
2.A photocopy of pharmaceutical firm permit license as a medical device dealer.
3.Certificate of in conformity with the GMP for Medical Devices. Product items in accordance with the Article 4 Appendix II of the Regulations for Governing the Management of Medical Device are exempted from this subparagraph.
If the medical device applying for registration and market approval is commissioned to manufacture or analysis, it shall be in conformity with the Regulations for Medicament Contract Manufacture and Analysis.
The medical device applying for registration in the Paragraph 1 shall be in conformity with related rules or regulations announced by the central health competent authority, and the following technical documentation of the device shall be kept in the manufacturing factory for inspection: instruction leaflets, the original instruction for use with a copy of its Chinese translation, packaging, labels of the medical device, and documents with the information of the product such as structure, materials, specifications, performance, intended use, drawing and others, and documents of pre-clinical testing, and the testing results of quality control of the original manufacturer. The central health competent authority may order its submission when necessary.
The registration and market approval application filed in accordance with Paragraph 1 may be submitted in writing or online. In the case of submission in writing, the applicant shall sign or affix its seal to the application form. In the case of submission online, the IC card issued by the Certificate Authority of the Ministry of Economic Affairs shall be used, and the documents set forth in Subparagraphs 1 and 2 of Paragraph 1 may not be required.
Article 17
For application of registration and market approval for imported Class II or Class III medical devices, the following document shall be submitted for review:
1.One copy of each of the original and photocopy of the medical device registration and market approval application form.
2.Two copies of each of the following items: the affixed or stapled to the label attachment form of instructions and manual with detailed Chinese translations, packaging, labels and color pictures of the physical appearance of product.
3.A photocopy of pharmaceutical firm permit license as a medical device dealer.
4.Affidavit (A)
5.The original copy of the manufacture and free sale certificate of the country of origin.
6.The original copy of the foreign original manufacturer authorization letter.
7.Documents verifying that the domestic manufacturing factory in conformity with the GMP for Medical Devices.
8.One copy of each of the following items: pre-clinical testing and the test specifications and methods, the original test records, and the test reports of the quality control conducted by the original manufacturer.
9.One copy of each of the relevant documents concerning product structure, materials, specifications, performance, intended uses, and drawings, etc. For instrument product, an operation manual or a service manual covers all of the abovementioned items may be a substitution.
10.Theoretical basis and relevant research reports and data.
11.Clinical trial reports.
12.Two copies of radiation safety information for equipment generating ionizing radiation.
Documents of the Subparagraphs 7 in the preceding paragraph, in accordance with any of the followings, may be substituted with photocopies of documents verifying compliance with the GMP for Pharmaceuticals:
1.The medical device applying for registration and market approval was regulated as pharmaceutical product before. This rule applies within three years from the date of proclamations of listing change.
2.The medical device was regulated as a pharmaceutical product before January 1, 2013. This rule applies within three years from the promulgation date of the September 5, 2014 amendment to this Regulation.
The central health competent authority shall determine or announce whether the medical device applying for registration and market approval requires clinical trials in Taiwan in light of the medical device product item, the case, and the materials submitted.
In the event of already a product in the market similar to the medical device applying for registration, except where other regulations apply, the documents specified in Subparagraphs 10 and 11 of Paragraph 1 may be waived. However, the applicant shall additionally attach a domestic clinical trial report when clinical trials in Taiwan are required in accordance with the foregoing Paragraph.
In the event of applying for registration and market approval of Class 2 medical devices with no predicate product previously approved to market by the central health competent authority, the documents specified in Subparagraphs 11 of Paragraph 1 may be waived if the medical device is in conformity with the related simplified rules or regulations announced by the central health competent authority. However, a domestic clinical trial report shall be submitted when a domestic clinical trial is required according to Paragraph 3.
The registration and market approval of IVDs shall be in conformity with the preceding five paragraphs and announcements by the central health competent authority. For the IVDs listed as Class III according to the Regulations for Governing the Management of Medical Device and required to undergo testing, as announced by the central health competent authority, two (2) copies of the documents specified in Subparagraph 8 of Paragraph 1 shall be submitted, and submission for testing shall be required.
The Class III medical device applying for registration and market approval, shall submit documents of Essential Principles (EP) and Summary of Technical Documentation (STED) in accordance with Appendix.
In the event of the medical device applying for registration is commissioned to manufacture or analysis, in addition to conformity with the preceding seven paragraphs, conformity with the Regulations for Medicament Contract Manufacture and Analysis shall also be required.
The medical device applying for registration according to the Paragraph 1 shall be in conformity with related rules or regulations announced by the central health competent authority; document exempted from submission shall be kept at the manufacturing factory for possible inspection, The medical device applying for registration and market approval in the Paragraph 1 shall be in conformity with related rules or regulations announced by the central health competent authority, and documents exempted from submission shall be kept. The central health competent authority may order its submission when necessary.
Article 18
In the event of applying for registration and market approval of the same domestically-manufactured product under a different name, the original medical device permit license holder or a pharmaceutical firms authorized by the original medical device permit license holder shall apply and submit the following documents:
1.One copy of each of the original and photocopy of the medical device registration and market approval application form.
2.Two copies of each of the following items: the form for attaching outer box instruction label with all Chinese instruction leaflet catalog packaging, and labeling, instructions for use, and color pictures of the physical appearance of product.
3.Affidavit (A)
4.An explanatory letter from the original manufacturer explaining that the product for which a new application has been made and the originally-approved product are identical, and noting the license number of the originally-approved medical device permit license.
5.Photocopy of the already approved instruction leaflet and labels stamped with tally impression of the central health competent authority.
6.Photocopy of the originally-approved medical device permit license.
7.If the product name also bears the name or trademark of another manufacturer, the applicant shall attach a letter of consent from the company which its name or trademark has been added.
In the event of the pharmaceutical firm applying for registration and market approval different from the manufacturer, it shall be deemed as commission manufacturing.
The medical device applying for registration and market approval is commissioned to manufacture or analysis, it shall be in conformity with the Regulations for Medicament Contract Manufacture and Analysis.
Article 19
In the event of applying for registration and market approval of the same imported product under a different name, the original medical device permit license holder or a pharmaceutical firms authorized by the original medical device permit license holder shall apply and submit the following documents:
1.One copy of each of the original and photocopy of the medical device registration and market approval application form.
2.Two copies of each of the following items: the affixed or stapled to the label attachment form of instructions and manual with detailed Chinese translations, packaging, labels and color pictures of the physical appearance of product.
3.Affidavit (A)
4.Original copy of the manufacture and free sale certificate of the country of origin, which shall explicitly state that the product for which a new application has been made and the originally-approved product are identical.
5.The original copy of foreign original manufacturer authorization letter.
6.An explanatory letter from the original manufacturer explaining that the product for which a new application has been made and the originally-approved product are identical, and noting the license number of the originally-approved medical device permit license.
7.Photocopy of the already approved instruction leaflet and labels stamped with tally impression of the central health competent authority.
8.Photocopy of the originally-approved medical device permit license.
9.If the product name also bears the name or trademark of another manufacturer, the applicant shall attach a letter of consent from the company which its name or trademark has been added.
If the medical device applying for registration is commissioned to manufacture or analysis, it shall be in conformity with the Regulations for Medicament Contract Manufacture and Analysis.
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