Laws & Regulations

The Provisions on the Administration of Employment of Taiwan, Hong Kong and Macao Residents in the Mainland

 

Decree No (26)
 Ministry of Labour and Social Security, People's Republic of China

The Provisions on the Administration of Employment of Taiwan, Hong Kong and Macao Residents in the Mainland, Which has been adopted at the tenth executive meeting of the Ministry of Labour and Social Security on June 2, 2005, is hereby promulgated and shall come into force as of October 1, 2005.

Zheng Silin,
Minister for Labour and Social Security,
June 14, 2005


The Provisions on the Administration of Employment of Taiwan, Hong Kong and Macao Residents in the Mainland

Article 1 These Provisions are formulated according to the Labour Law of the People's Republic of China and other relevant Laws and Administrative Regulations, with a view to better protecting the legitimate rights and interests related to employment of the Chinese citizens resided in Taiwan, Hong Kong and Macao (hereinafter referred to as the personnel from Taiwan, Hong Kong and Macao) in the Mainland, as well as strengthening the administration on employment of the personnel from Taiwan, Hong Kong and Macao by the employing units in the Mainland.

Article 2 These Provisions shall apply to the personnel from Taiwan, Hong Kong and Macao working in the Mainland, as well as the enterprises, public institutions, individual businesses and other legally registered organizations (hereinafter referred to as the employing units) in the Mainland that employ personnel from Taiwan, Hong Kong and Macao or accept the assigned personnel from Taiwan, Hong Kong and Macao.
In case that there are other State Provisions on the administration of employment of experts from the regions of Taiwan, Hong Kong and Macao, such Provisions shall prevail.

Article 3 The “personnel from Taiwan, Hong Kong and Macao working in the Mainland” as in these Provisions refers to:

(1) The residents of Taiwan, Hong Kong and Macao that have established labour relationship with the employing units in the Mainland;
(2) Those from Hong Kong and Macao that engage in self-employed business in the Mainland; and
(3) Those who have established labour relationship with foreign or Taiwan, Hong Kong or Macao employing units and are assigned by them to work with the same employing entities in the Mainland accumulatively for more than three months within one calendar year (as from January 1 to December 31).

Article 4 The employment of personnel from Taiwan, Hong Kong and Macao in the Mainland shall be subject to approval by the State. Where an employing unit plans to employ personnel from Taiwan, Hong Kong or Macao, or accept the assigned personnel from Taiwan, Hong Kong or Macao, it shall apply for the Employment Permit of Taiwan, Hong Kong and Macao Residents (hereinafter referred to as the Employment Permit) for them; personnel from Taiwan, Hong Kong or Macao, who are engaged in the individual businesses in the Mainland, shall apply for employment permits by themselves. Upon the approval by the State and obtaining of the Employment Permit, the personnel from Taiwan, Hong Kong and Macao working in the Mainland are protected by the Laws and regulations.

The filing system shall be adopted when an employing unit recruits personnel from Taiwan, Hong Kong or Macao or accepts the assigned personnel from Taiwan, Hong Kong or Macao.

The Ministry of Labour and Social Security shall be responsible for printing of the Employment Permits of Taiwan, Hong Kong and Macao Residents uniformly.

Article 5 The employing unit shall observe the Laws and Regulations by the State in employing personnel from Taiwan, Hong Kong or Macao or accepting the assigned personnel from Taiwan, Hong Kong or Macao.

Article 6 Where an employing unit plans to employ personnel from Taiwan, Hong Kong or Macao or accept the assigned personnel from Taiwan, Hong Kong or Macao, the personnel shall meet the following conditions:
(1) Age between 18 to 60 (with the exception of those investors that directly participate in the business operations or those with special technical skills that are urgently needed in the Mainland, the age may be over 60);
(2) Good health condition;
(3) Holding valid travel documents (including the valid certificates for Taiwan, Hong Kong or Macao residents to come and go to the Mainland as issued by the competent Departments in the Mainland);
(4) Possessing corresponding qualification certificates as prescribed by the State in case that they are engaged in the professional (technical) occupations as prescribed by the State; and
(5) Meeting other requirements as prescribed by the Laws and Regulations.

Article 7 When applying for employment permits for the personnel from Taiwan, Hong Kong and Macao in the Mainland, an employing unit shall submit the Application Form for the Employment of Taiwan, Hong Kong and Macao Residents in the Mainland and the following effective documents to the local Labour and Social Security Administrative Department at the municipal (prefecture) level:
(1) Business license or the registration certificate of the employing unit;
(2) Effective travel documents of the persons to be employed or the assigned personnel to be accepted;
(3) Health certificates of the persons to be employed or the assigned personnel to be accepted;
(4) Documentations of the employment intent or employment certificates;
(5) Corresponding professional qualification certificates if the persons to be employed will be engaged in the professional (technical) occupations as prescribed by the State; and
(6) Other documents as prescribed by the Laws and Regulations.

Article 8 The Labour and Social Security Administrative Departments shall make decisions on the approval of employment within ten working days upon receipt of the Application Form for Employment of Taiwan, Hong Kong and Macao Residents in the Mainland and relevant documents as submitted by an employing unit. If the conditions as prescribed by Article 6 of these Provisions are met, the Administrative Departments shall approve the employment and issue an employment permit; if the conditions as prescribed by Article 6 of these Provisions are not met, the Administrative Departments shall not approve the employment and a notice in written form shall be issued to the applying employing unit of the decision with the reasons.

Article 9 The employing units shall, upon receipt of the employment permits, go through the formalities of registration and filing for the employed personnel from Taiwan, Hong Kong or Macao with the Labour and Social Security Administrative Departments that has issued the permits.

Article 10 Where personnel from Hong Kong or Macao engage in the individual businesses in the Mainland, they shall, with the license for individually-owned business, health certificate and effective travel documents, apply to the local Labour and Social Security Administrative Departments at the municipal (prefecture) level for the employment permit. The Labour and Social Security Administrative Departments shall handle the applications within five working days upon receipt of the documents as submitted by the personnel from Hong Kong or Macao.

Article 11 The employing unit shall establish labour contracts with the employed personnel from Taiwan, Hong Kong or Macao, and make social insurance contributions for them as per the Interim Provisions on Collection of Social Insurance Premiums.

Article 12 When an employing unit terminates or dissolves the labour contracts with personnel from Taiwan, Hong Kong or Macao, or the term of the labour contract expires, the employing unit shall cancel the employment permit with the Administrative Departments that has issued the permit within ten working days upon termination, dissolution or expiration of the labour contracts.

When personnel from Hong Kong or Macao engaging in the individual businesses in the Mainland suspend or cease their businesses, they shall cancel their employment permits with the Administrative Departments that has issued the permits within 30 working days upon the suspension or ceasing.

Article 13 In case of loss or damage of the employment permit, the employing unit shall apply to the Labour and Social Security Administrative Department that has issued the permit for re-issuing of a new employment permit for the relevant personnel from Taiwan, Hong Kong or Macao.

Article 14 The employing unit with which personnel from Taiwan, Hong Kong or Macao work shall be in line with that indicated in the employment permit. In case of alternation of the employing unit, the altered new employing unit shall apply to the local Labour and Social Security Administrative Departments at the municipal (prefecture) level for the renewed employment permits for the concerned personnel from Taiwan, Hong Kong or Macao.

Article 15 In case that a labour dispute between an employing unit and their employed personnel from Taiwan, Hong Kong or Macao occurs, it shall be settled according to the relevant State Provisions on the settlement of labour disputes.

Article 16 In case that an employing unit fails to apply for the employment permits or go through the filing formalities in recruiting any personnel from Taiwan, Hong Kong or Macao, or accepting any assigned personnel from Taiwan, Hong Kong or Macao, it shall be ordered by the Labour and Social Security Administrative Departments to make corrections, and a fine of 1,000 Yuan may be imposed.

Article 17 In case that an employing unit fails to cancel the employment permit upon termination, dissolution or expiration of the labour contracts with the personnel from Taiwan, Hong Kong or Macao, it shall be ordered by the Labour and Social Security Administrative Departments to make corrections, and a fine of 1,000 Yuan may be imposed.

Article 18 In case that an employing unit forges, alters, fraudulently uses or transfers the employment permits, it shall be ordered by the Labour and Social Security Administrative Departments to make corrections, and a fine of 1,000 Yuan may be imposed. In addition, the concerned employing unit shall not recruit any personnel from Taiwan, Hong Kong or Macao within one year.

Article 19 These Provisions shall become effective as of October 1, 2005. The Provisions on the Administration of the Employment of Taiwan, Hong Kong and Macao Residents in the Mainland as promulgated by the former Ministry of Labour on February 21, 1994 shall be abolished simultaneously.

Decree No (26) Ministry of Labour and Social Security, People's Republic of China The Provisions on the Administration of Employment of Taiwan, Hong Kong and Macao Residents in the Mainland, Which has been adopted at the tenth executive meeting of the Ministry of Labour and Social Security on June 2, 2005, is hereby promulgated and shall come into force as of October 1, 2005. Zheng Silin, Minister for Labour and Social Security, June 14, 2005 The Provisions on the Administration of Employment of Taiwan, Hong Kong and Macao Residents in the Mainland Article 1 These Provisions are formulated according to the Labour Law of the People's Republic of China and other relevant Laws and Administrative Regulations, with a view to better protecting the legitimate rights and interests related to employment of the Chinese citizens resided in Taiwan, Hong Kong and Macao (hereinafter referred to as the personnel from Taiwan, Hong Kong and Macao) in the Mainland, as well as strengthening the administration on employment of the personnel from Taiwan, Hong Kong and Macao by the employing units in the Mainland. Article 2 These Provisions shall apply to the personnel from Taiwan, Hong Kong and Macao working in the Mainland, as well as the enterprises, public institutions, individual businesses and other legally registered organizations (hereinafter referred to as the employing units) in the Mainland that employ personnel from Taiwan, Hong Kong and Macao or accept the assigned personnel from Taiwan, Hong Kong and Macao. In case that there are other State Provisions on the administration of employment of experts from the regions of Taiwan, Hong Kong and Macao, such Provisions shall prevail. Article 3 The “personnel from Taiwan, Hong Kong and Macao working in the Mainland” as in these Provisions refers to: (1) The residents of Taiwan, Hong Kong and Macao that have established labour relationship with the employing units in the Mainland; (2) Those from Hong Kong and Macao that engage in self-employed business in the Mainland; and (3) Those who have established labour relationship with foreign or Taiwan, Hong Kong or Macao employing units and are assigned by them to work with the same employing entities in the Mainland accumulatively for more than three months within one calendar year (as from January 1 to December 31). Article 4 The employment of personnel from Taiwan, Hong Kong and Macao in the Mainland shall be subject to approval by the State. Where an employing unit plans to employ personnel from Taiwan, Hong Kong or Macao, or accept the assigned personnel from Taiwan, Hong Kong or Macao, it shall apply for the Employment Permit of Taiwan, Hong Kong and Macao Residents (hereinafter referred to as the Employment Permit) for them; personnel from Taiwan, Hong Kong or Macao, who are engaged in the individual businesses in the Mainland, shall apply for employment permits by themselves. Upon the approval by the State and obtaining of the Employment Permit, the personnel from Taiwan, Hong Kong and Macao working in the Mainland are protected by the Laws and regulations. The filing system shall be adopted when an employing unit recruits personnel from Taiwan, Hong Kong or Macao or accepts the assigned personnel from Taiwan, Hong Kong or Macao. The Ministry of Labour and Social Security shall be responsible for printing of the Employment Permits of Taiwan, Hong Kong and Macao Residents uniformly. Article 5 The employing unit shall observe the Laws and Regulations by the State in employing personnel from Taiwan, Hong Kong or Macao or accepting the assigned personnel from Taiwan, Hong Kong or Macao. Article 6 Where an employing unit plans to employ personnel from Taiwan, Hong Kong or Macao or accept the assigned personnel from Taiwan, Hong Kong or Macao, the personnel shall meet the following conditions: (1) Age between 18 to 60 (with the exception of those investors that directly participate in the business operations or those with special technical skills that are urgently needed in the Mainland, the age may be over 60); (2) Good health condition; (3) Holding valid travel documents (including the valid certificates for Taiwan, Hong Kong or Macao residents to come and go to the Mainland as issued by the competent Departments in the Mainland); (4) Possessing corresponding qualification certificates as prescribed by the State in case that they are engaged in the professional (technical) occupations as prescribed by the State; and (5) Meeting other requirements as prescribed by the Laws and Regulations. Article 7 When applying for employment permits for the personnel from Taiwan, Hong Kong and Macao in the Mainland, an employing unit shall submit the Application Form for the Employment of Taiwan, Hong Kong and Macao Residents in the Mainland and the following effective documents to the local Labour and Social Security Administrative Department at the municipal (prefecture) level: (1) Business license or the registration certificate of the employing unit; (2) Effective travel documents of the persons to be employed or the assigned personnel to be accepted; (3) Health certificates of the persons to be employed or the assigned personnel to be accepted; (4) Documentations of the employment intent or employment certificates; (5) Corresponding professional qualification certificates if the persons to be employed will be engaged in the professional (technical) occupations as prescribed by the State; and (6) Other documents as prescribed by the Laws and Regulations. Article 8 The Labour and Social Security Administrative Departments shall make decisions on the approval of employment within ten working days upon receipt of the Application Form for Employment of Taiwan, Hong Kong and Macao Residents in the Mainland and relevant documents as submitted by an employing unit. If the conditions as prescribed by Article 6 of these Provisions are met, the Administrative Departments shall approve the employment and issue an employment permit; if the conditions as prescribed by Article 6 of these Provisions are not met, the Administrative Departments shall not approve the employment and a notice in written form shall be issued to the applying employing unit of the decision with the reasons. Article 9 The employing units shall, upon receipt of the employment permits, go through the formalities of registration and filing for the employed personnel from Taiwan, Hong Kong or Macao with the Labour and Social Security Administrative Departments that has issued the permits. Article 10 Where personnel from Hong Kong or Macao engage in the individual businesses in the Mainland, they shall, with the license for individually-owned business, health certificate and effective travel documents, apply to the local Labour and Social Security Administrative Departments at the municipal (prefecture) level for the employment permit. The Labour and Social Security Administrative Departments shall handle the applications within five working days upon receipt of the documents as submitted by the personnel from Hong Kong or Macao. Article 11 The employing unit shall establish labour contracts with the employed personnel from Taiwan, Hong Kong or Macao, and make social insurance contributions for them as per the Interim Provisions on Collection of Social Insurance Premiums. Article 12 When an employing unit terminates or dissolves the labour contracts with personnel from Taiwan, Hong Kong or Macao, or the term of the labour contract expires, the employing unit shall cancel the employment permit with the Administrative Departments that has issued the permit within ten working days upon termination, dissolution or expiration of the labour contracts. When personnel from Hong Kong or Macao engaging in the individual businesses in the Mainland suspend or cease their businesses, they shall cancel their employment permits with the Administrative Departments that has issued the permits within 30 working days upon the suspension or ceasing. Article 13 In case of loss or damage of the employment permit, the employing unit shall apply to the Labour and Social Security Administrative Department that has issued the permit for re-issuing of a new employment permit for the relevant personnel from Taiwan, Hong Kong or Macao. Article 14 The employing unit with which personnel from Taiwan, Hong Kong or Macao work shall be in line with that indicated in the employment permit. In case of alternation of the employing unit, the altered new employing unit shall apply to the local Labour and Social Security Administrative Departments at the municipal (prefecture) level for the renewed employment permits for the concerned personnel from Taiwan, Hong Kong or Macao. Article 15 In case that a labour dispute between an employing unit and their employed personnel from Taiwan, Hong Kong or Macao occurs, it shall be settled according to the relevant State Provisions on the settlement of labour disputes. Article 16 In case that an employing unit fails to apply for the employment permits or go through the filing formalities in recruiting any personnel from Taiwan, Hong Kong or Macao, or accepting any assigned personnel from Taiwan, Hong Kong or Macao, it shall be ordered by the Labour and Social Security Administrative Departments to make corrections, and a fine of 1,000 Yuan may be imposed. Article 17 In case that an employing unit fails to cancel the employment permit upon termination, dissolution or expiration of the labour contracts with the personnel from Taiwan, Hong Kong or Macao, it shall be ordered by the Labour and Social Security Administrative Departments to make corrections, and a fine of 1,000 Yuan may be imposed. Article 18 In case that an employing unit forges, alters, fraudulently uses or transfers the employment permits, it shall be ordered by the Labour and Social Security Administrative Departments to make corrections, and a fine of 1,000 Yuan may be imposed. In addition, the concerned employing unit shall not recruit any personnel from Taiwan, Hong Kong or Macao within one year. Article 19 These Provisions shall become effective as of October 1, 2005. The Provisions on the Administration of the Employment of Taiwan, Hong Kong and Macao Residents in the Mainland as promulgated by the former Ministry of Labour on February 21, 1994 shall be abolished simultaneously.

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