📌【Ministry of Education】Forwarding the Ministry of Labor’s Information on “Prohibited Employment Activities in Mainland China” for Legal Awareness

  1. This matter is handled in accordance with the Ministry of Labor’s letter dated August 12, 2025 (Ref. No. 1140511448A).

  2. According to the aforementioned letter from the Ministry of Labor, the relevant regulations and key information are summarized as follows:

    (1) Prohibition on Advertising Employment Opportunities in Mainland China:

    1. Article 34, Paragraph 1 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area provides that advertising, broadcasting, publication, or other promotional activities in Taiwan may be conducted for goods, labor services, services, or other matters from Mainland China that are permitted under the Act. Article 89 provides that any person who commissions, accepts commissions for, or independently conducts advertising, broadcasting, publication, or other promotional activities in Taiwan for goods, labor services, services, or other matters from Mainland China that are not covered by Article 34, Paragraph 1, or who violates the mandatory or prohibitory provisions under Article 34, Paragraph 2 or the regulations prescribed under Paragraph 4, shall be subject to a fine of NT$100,000 to NT$500,000. Such advertisements may also be confiscated regardless of their owner or possessor.

    2. Article 6, Subparagraph 5 of the Regulations Governing Advertising Activities in Taiwan for Goods, Labor Services, and Services from the Mainland Area, formulated by the Mainland Affairs Council pursuant to the above provisions, stipulates that unapproved labor services from Mainland China may not be advertised or promoted in Taiwan, including through product placement. Article 12, Paragraph 1, Subparagraph 1 provides that persons who commission, accept commissions for, or independently conduct such advertising or promotional activities may be fined NT$100,000 to NT$500,000 pursuant to Article 89, Paragraph 1 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area.

    (2) Prohibition on Intermediating Employment in Mainland China for Taiwanese Nationals:

    1. Article 35, Paragraph 2 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area provides that Taiwanese individuals, legal persons, organizations, or other institutions may engage in commercial activities with individuals, legal persons, organizations, or other institutions in Mainland China. However, activities announced by the Ministry of Economic Affairs, in consultation with the relevant authorities, as requiring approval or being prohibited shall be handled in accordance with applicable regulations. Under Article 86, Paragraph 4, engaging in commercial activities in violation of the proviso to Article 35, Paragraph 2 is subject to a fine of NT$50,000 to NT$5 million, and the violator may be ordered to cease or rectify the activity within a specified period. Failure to comply may result in repeated penalties.

    2. The List of Commercial Activities in the Mainland Area Requiring Approval or Prohibited, announced by the Ministry of Economic Affairs pursuant to the proviso of Article 35, Paragraph 2 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area, classifies providing employment placement services for Taiwanese nationals seeking employment in Mainland China as a prohibited activity.

    3. Article 34, Paragraph 2 of the Employment Service Act provides that no person may engage in employment services without authorization. Under Article 65, Paragraph 1, violations of Article 34, Paragraph 2 are subject to a fine of NT$300,000 to NT$1.5 million.

  3. It has been reported that entities in Mainland China have repeatedly recruited Taiwanese talent to work in Mainland China through Chinese enterprises, Taiwanese enterprises, foreign enterprises, or unauthorized intermediaries. Such recruitment has also reportedly targeted high-tech talent from key universities, potentially posing risks to Taiwan’s technological security and industrial development. To strengthen universities’ and students’ awareness of the relevant regulations and prevent inadvertent violations, the Ministry of Labor has prepared the aforementioned informational materials (see attachment). Please assist in promoting and disseminating the information to faculty, staff, and students to enhance legal compliance awareness and jointly safeguard Taiwan’s critical human resources, technological security, and information security.

    Universities are also requested to avoid providing or lending indoor or outdoor campus facilities, including classrooms, auditoriums, and sports fields, to any organizations (including private employment service agencies) for activities such as employment market information sessions on Mainland China, recruitment events for employment in Mainland China, or employment seminars for Taiwanese alumni of businesses in Mainland China, so as to avoid indirectly facilitating the inappropriate recruitment of talent from Taiwan.