Administrative Regulations on the Employment of Taiwan, Hong Kong and Macau Residents in Mainland China

Below you can find the translated English version of the Administrative Regulations on the Employment of Taiwan, Hong Kong, and Macau Residents in Mainland China.
Original source: MOHRSS

Article 1    This Regulation is promulgated in accordance with the Labor Law of the People’s Republic of China and relevant laws and administrative regulations to safeguard the legal employment rights and interests of Chinese citizens who are Taiwan, Hong Kong and Macau residents (“Personnel from Taiwan, Hong Kong and Macau”) in Mainland China (“Mainland”), and strengthen the administration over Mainland Employers employing the Personnel from Taiwan, Hong Kong and Macau.

Article 2    This Regulation shall apply to the Personnel from Taiwan, Hong Kong and Macau who are employed in Mainland as well as the enterprises, public institutions, private industrial and commercial households and other legally registered organizations in Mainland (“Employers”) that employ or accept the assigned Personnel from Taiwan, Hong Kong and Macau.
For the administration of the employment of experts from Taiwan, Hong Kong and Macau in Mainland, if there are provisions otherwise stipulated by the State, such provisions shall prevail.

Article 3    The Personnel from Taiwan, Hong Kong and Macau who are employed in Mainland as mentioned in this Regulation shall mean:
(1) The Personnel who have established labor relations with their Employers;
(2) The Personnel from Hong Kong and Macau who have engaged in individual business in Mainland;
(3) The Personnel who have established labor relations with an Employer of overseas or Taiwan, Hong Kong and Macau, and have been assigned to work for the same Employer for an accumulative period of at least three months in one year (from January 1 to December 31 of the Gregorian Calendar).

Article 4    An employment permit system shall be applied to the employment of the Personnel from Taiwan, Hong Kong and Macau in Mainland. In the event that an Employer intends to employ or accept assigned Personnel from Taiwan, Hong Kong and Macau, it shall apply for the Employment Permit for the Personnel from Taiwan, Hong Kong and Macau (“Employment Permit”) for such personnel; For the Personnel from Hong Kong and Macau who engage in individual industrial and commercial business, they shall apply for the Employment Permit by themselves. The employment of the Personnel from Taiwan, Hong Kong and Macau who have obtained the Employment Permit upon approval shall be protected by the law.
A register system shall be implemented while an Employer hires or accepts assigned Personnel from Taiwan, Hong Kong and Macau.
Employment Permits shall be standardized and printed by the Ministry of Labor and Social Security.

Article 5    In the event that an Employer employs or accepts assigned Personnel from Taiwan, Hong Kong and Macau, it shall comply with laws and regulations of the State.

Article 6    In the event that an Employer intends to employ or accept assigned Personnel from Taiwan, Hong Kong and Macau, such personnel shall fulfill the following conditions:
(1) aged from 18 to 60 years old (investors who directly participate in operation and technical personnel who are urgently needed in Mainland may be over 60 years old);
(2) in good health;
(3) holding valid travel documents (including the Mainland Entry and Exit Pass for Taiwan Residents, the Mainland Entry and Exit Pass for Hong Kong and Macau Residents and other valid travel documents issued by Mainland authorities in charge of relevant matters);

(4) engaging in a technical job as specified by State provisions with corresponding qualification certification in accordance with State relevant regulations; and
(5) other conditions as specified by laws and relevant provisions.

Article 7    In the event that an Employer applies for the Employment Permit for the Personnel from Taiwan, Hong Kong and Macau who are to be employed in Mainland, it shall submit an Employment Application Form for Taiwan, Hong Kong and Macau Residents and the following valid documents to the regional (municipal) labor security administrative department at the place of the Employer:
(1) the business license or the registration certification of the Employer;
(2) the valid travel documents of the individuals that the Employer intends to employ or of the assigned individuals that the Employer intends to accept;
(3) the health condition certification of the personnel that the Employer intends to employ or the assigned personnel that the Employer intends to accept;
(4) a letter of intent for employment or an appointment certification;
(5) if the personnel that the Employer intends to employ engages in a technical job as specified by State provisions, a corresponding occupational qualification certificate shall be provided; and
(6) other documents as specified by laws and provisions. 

Article 8    The labor security administrative department shall make a decision on employment permission within 10 working days from the date of receipt of the Employment Application Form for Taiwan, Hong Kong and Macau Residents and other relevant documents submitted by the Employer. With respect to Employers that fulfill the conditions as specified in Article 6 of this Regulation, the employment shall be permitted, and an Employment Permit shall be issued; with respect to Employers that fail to fulfill the conditions as specified in Article 6 of this Regulation, the employment shall not be permitted, and the labor security administrative department shall notify the Employer of the reasons for rejection with written form.  

Article 9    An Employer shall go through the registration and record-filing formalities for its employment of the Personnel from Taiwan, Hong Kong and Macau by holding the Employment Permit at the labor security administrative department that issues the Permit.

Article 10    Personnel from Hong Kong and Macau who engage in individual industrial and commercial business in Mainland shall apply for the Employment Permit at the regional or municipal labor security administrative department at the place of employment by presenting their individual business licenses, health condition certifications and individual valid travel documents in person. The labor security administrative department shall handle relevant formalities within five working days from the day of receipt of the documents submitted by the Personnel from Hong Kong and Macau.

Article 11    An Employer shall conclude a labor contract with its employed Personnel from Taiwan, Hong Kong and Macau and shall pay social insurance premium according to the provisions of the Tentative Regulations on the Collection and Payment of Social Insurance Premium.

Article 12    Where an Employer terminates a labor contract with its employed Personnel from Taiwan, Hong Kong and Macau, or in the event that the employment of the assigned Personnel from Taiwan, Hong Kong and Macau expires, the Employer shall go through the cancellation formalities for the Employment Permit at the original permit issuing authority within 10 working days from the date of the termination of the labor contract or the date of the expiration of employment,
The Personnel from Hong Kong and Macau who engage in individual industrial and commercial business in Mainland shall, when suspending or terminating their operation, go through the cancellation formalities for the Employment Permit at the labor security administrative department that issues the Permit within 30 days of the date of suspension or termination of operation. 

Article 13    In the case of loss or damage of an Employment Permit, an Employer shall apply to the labor security administrative department that issues the Permit for reissuance of the Permit. 

Article 14    The Employers of the Personnel from Taiwan, Hong Kong and Macau shall be the same as the Employers indicated in their Employment Permit. In the event that the Personnel are employed by another Employer, the new Employer shall apply for an Employment Permit at the competent regional (municipal) labor security administrative department of Employer.

Article 15    Any labor dispute arising between an Employer and its’ employed Personnel from Taiwan, Hong Kong and Macau shall be handled in accordance with the provisions of the State on handling labor disputes.

Article 16    In the event that an Employer employs or accepts Personnel from Taiwan, Hong Kong and Macau without applying for an Employment Permit or going through record-filing formalities for them, the labor security administrative department shall order the Employer to make rectification within a specified time period, and may impose a fine of RMB 1,000.

Article 17    In the event that an Employer fails to go through cancellation formalities for an Employment Permit when terminating a labor contract with its employed Personnel from Taiwan, Hong Kong and Macau, or after the expiration of the employment of such personnel, the labor security administrative department shall order the Employer to make rectification and may impose a fine of RMB 1,000.

Article 18    In the event that an Employer fabricates, alters, uses without authorization or transfers an Employment Permit, the labor security department shall order the Employer to make rectification and impose a fine of RMB 1,000, and  such Employer shall not be allowed to employ any Personnel from Taiwan, Hong Kong and Macau for one year. 

Article 19    This Regulation shall come into force on October 1, 2005. The Administrative Regulations on the Employment of Taiwan, Hong Kong and Macau Residents in Mainland promulgated by the former Ministry of Labor on February 21, 1994 shall be simultaneously abolished.

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