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Law Of Establishment

DecreeLaw No. 663 (Official Gazette No. 30498 on 03 August 2018)


ADDITIONAL ARTICLE 2-(Annex:26/7/2018-7146/19 article)


(1) USHAŞ was established as an incorporated company under the title of International Health Services to promote the services offered in our country in the field of international health services, to support and coordinate the activities of public and private sectors towards health tourism, to make recommendations to the Ministry on service delivery standards and accreditation criteria with policies and strategies on international health services. USHAŞ operates within the Ministry of Health


(2) Operation areas of USHAŞ are as follows:


a) To give license and authority certificate to institutions that act as intermediaries in the field of international health services.


b) To make international advertising and promotion of our country’s health services, to coordinate, direct and support the promotion and information activities in this field.


c) To act as an intermediary agency for international health services, to conclude contracts for international health services on behalf of public and private sector organizations within the framework of the authority granted, to support the execution of contracts


d) To respond the applications for information on international health services, to take actions with the relevant authorities to resolve complaints and disputes, to determine the problems that may be faced by the parties and to take preventive measures.


e) To promote the health system of our country, to consult international people and organizations with regard to health systems, health financing and public-private cooperation models, to meet international demands, to make and implement projects for the establishment and development of systems in these areas.


f) (Amendment: 15/11/2018-7151/39) to open and operate health institutions abroad, to establish partnership, to cooperate, to build buildings for health and educational purposes, to provide pharmaceuticals, devices and medical supplies.


g) (Amendment:15/11/2018-7151/39) To carry out activities for health vocational education tourism; to mediate the provision of students from abroad to educational institutions in Turkey, to establish educational institutions abroad and to carry out educational activities.


h) To conduct national and international congresses, seminars and similar activities within the scope of its operation area, to conduct researches and publications.


i) To cooperate with relevant institutions and make suggestions to the Ministry on policies and strategies related to international health services, service delivery standards, accreditation criteria, and price tariffs and legal regulations


j) To develop incentives for health profession trainings, to support international students and educational institutions in this field.


(3) USHAŞ shall start its operation with the registration and announcement to be made following the signing of the Articles of Association to be prepared in accordance with the provisions of this law and the provisions of the Turkish Commercial Code No: 6102 on 13/1/2011 that are not contrary of this law. The provisions of Turkish Commercial Code relating to the establishment, capital in kind and capital in cash shall not be applied to USHAŞ


(4) The President of Turkey is authorized to decide whether USHAŞ will establish a company in Turkey or abroad or become a shareholder of a company with more than 50% shares.


(5) All USHAŞ shares are owned by the Ministry of Treasury and Finance. However, the rights and powers such as voting, management, representation and supervision of USHAŞ are exercised by the Ministry of Health without detriment to the right of ownership and profit share of the Ministry of Treasury and Finance and provided that all financial rights arising from the being a shareholder shall be reserved to the Ministry of Treasury and Finance. The approval of the Ministry of Treasury and Finance shall be required before the submission of operation budget of USHAŞ to the approval of the General Assembly.


(6) The initial capital of USHAŞ is ten million Turkish liras and this amount is covered by the Ministry of Treasury and Finance.


(7) USHAŞ employs personnel in accordance with Labour Law No. 4857 on 22/5/2003. The number of personnel to be employed is 150 and the President is authorized to increase this number up to four times. The monthly average of the wages to be paid to the personnel to be employed and all other financial and social rights shall not exceed the upper limit to be determined by the President for the company.


(8) Except for the provisions on penalties and prohibition to the tenders, USHAŞ is not subject to the Public Procurement Law No: 4734 on 4/1/2002, The Public Procurement Contracts Law No: 4735 on 5/1/2002 and the Decree Law on Government Business Enterprises No: 233 on 18/6/1984.


(9) Pursuant to Article 34 of the Decree-Law No. 399 on 22/1/1990, the members of the board of directors shall receive the same salary with chairman and members of the board of Government Business Enterprises.