According to the Ministry of Labor’s August 12, 2023 letter (No. 1140511448A), the following regulations and guidelines regarding prohibited activities related to work in mainland China are as follows:

(1) Prohibition on publishing advertisements for mainland China labor services:

1. Article 34, Paragraph 1 of the Act Governing Relations Between People of the Taiwan Area and the Mainland Area (hereinafter referred to as the “Cross-Strait Act”) stipulates that: “The broadcasting, publication, or other promotional activities of goods, labor services, or other matters from the mainland area permitted under this Act may be conducted in the Taiwan area.” Paragraph 4 of the same article stipulates that: “In addition to the provisions of other relevant advertising laws and regulations, the management of advertising activities under Paragraph 1 may be formulated by the Mainland Affairs Council (hereinafter referred to as the “MAC”) in consultation with relevant agencies, and submitted to the Executive Yuan for approval.” Article 89 stipulates that: “Those who entrust, are entrusted, or independently engage in the broadcasting, publication, or other promotional activities of goods, labor services, or other matters from the mainland area other than those stipulated in Paragraph 1 of Article 34 in the Taiwan area, or violate Paragraph 2 of Article 34, or the mandatory or prohibited provisions of the management measures stipulated in Paragraph 4, shall be fined NT$100,000 to NT$500,000. The aforementioned advertisements, regardless of ownership or possession, may be confiscated.”
2. Article 6, Paragraph 5 of the “Management Measures for Advertising Activities of Goods, Labor Services, and Services from the Mainland Area in the Taiwan Area” formulated by the MAC in accordance with the aforementioned provisions, stipulates that, in short, unauthorized labor services from the mainland area may not engage in advertising activities or engage in product placement in the Taiwan area. Article 12, Paragraph 1, Subparagraph 1 stipulates that, in short, those who entrust, are entrusted, or independently engage in the broadcasting, publication, or other promotional activities of goods, labor services, or other matters from the mainland area other than those stipulated in Paragraph 1 of Article 34 of the Cross-Strait Act in the Taiwan area shall be fined NT$100,000 to NT$500,000 in accordance with Paragraph 1 of Article 89 of the Cross-Strait Act.

(2) Prohibition on brokering employment in mainland China for Taiwanese citizens:

1. Article 35, Paragraph 2 of the Cross-Strait Act stipulates that: “People, legal persons, groups, or other organizations in the Taiwan area may engage in commercial activities with people, legal persons, groups, or other organizations in the mainland area. However, items that require permission or are prohibited as announced by the Ministry of Economic Affairs in consultation with relevant agencies shall be handled in accordance with regulations.” Article 86, Paragraph 4 stipulates that: “Those who violate the proviso of Paragraph 2 of Article 35 in engaging in commercial activities shall be fined NT$50,000 to NT$5,000,000, and may be ordered to cease or correct the violation within a specified time limit; if they fail to cease or correct the violation by the deadline, they may be subject to continuous fines.”
2. The “Announcement of Items Requiring Permission or Prohibited in Engaging in Commercial Activities in the Mainland Area” announced by the Ministry of Economic Affairs in accordance with the proviso of Paragraph 2 of Article 35 of the Cross-Strait Act lists “engaging in manpower brokerage services for Taiwanese citizens seeking employment in the mainland area” as a prohibited item.
3. Article 34, Paragraph 2, first part of the Employment Service Act stipulates that, in short, employment service businesses may not operate without permission. Article 65, Paragraph 1 stipulates that, in short, those who violate Paragraph 2 of Article 34 may be fined NT$300,000 to NT$1,500,000.

(3) It has been reported that mainland China frequently uses mainland Chinese businesses, Taiwanese businesses, foreign businesses, or illegal brokers to recruit Taiwanese talent for employment in mainland China, and that this includes recruiting high-tech talent from key universities in Hsinchu County and City. This directly impacts Taiwan’s higher education talent cultivation mechanism and poses a potential risk to Taiwan’s technological security and industrial development. Therefore, to strengthen the awareness of relevant regulations among schools and students, and to prevent people from inadvertently violating regulations, the Ministry of Labor has produced the aforementioned publicity materials (see attachment). Please have your agency and school disseminate this information to enhance compliance awareness and jointly safeguard Taiwan’s key personnel and technological security.

(4) In order to effectively prevent controlled entities from using seminars, activities, etc., to recruit or broker employment in mainland China for domestic talent, please avoid providing or lending indoor and outdoor venues such as school classrooms, auditoriums, and playgrounds to various units (including private employment service agencies) to hold related activities (such as: mainland China employment market briefings, recruitment of Taiwanese citizens for employment in mainland China, employment seminars for Taiwanese alumni in mainland China), so as to avoid indirectly facilitating the poaching of domestic talent.