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Medical Device Supervision and Administration Regulations β€” Order No. 739 (2021)

πŸ‡¨πŸ‡³ China (NMPA)πŸ“‹ Regulatory Change

State Council Order No. 739 β€” the Medical Device Supervision and Administration Regulations (MDSMAR) β€” came into force on 1 June 2021, replacing the 2017 version. The NMPA (National Medical Products Administration) implements the regulations, which establish China's comprehensive framework for medical device registration, manufacture, distribution, and post-market surveillance.

Key provisions of Order No. 739:

  • Three-tier risk classification: Class I (lowest, filing), Class II (registration with provincial/municipal NMPA), Class III (registration with national NMPA β€” highest scrutiny).
  • Strengthened clinical evidence: Clinical trials or clinical evaluation by literature/equivalent comparison required for Class II and III; exemptions allowed for certain Class II devices on the exemption list.
  • China-specific registration (NMPA Marketing Authorisation): Foreign manufacturers must register through an appointed Overseas Agent (ε’ƒε€–ζ³¨ε†Œδ»£η†δΊΊ) registered with NMPA.
  • Unique Device Identification (UDI): Mandatory for Class III devices, phased to Class II.
  • Enhanced post-market surveillance: Annual post-market study reports for Class III; strengthened adverse event reporting obligations.

πŸ“… Effective / published: 1 June 2021

Foreign manufacturers must appoint an Overseas Agent (not merely a distributor) who takes joint regulatory responsibility and is registered with NMPA. Clinical data generated outside China may be accepted subject to NMPA guidelines on overseas clinical data β€” assess acceptability early in your submission strategy.

View official source (NMPA β€” Medical Devices) β†—