Measures for the Administration of Professional Practice by Non-mainland Chinese and Foreigners in Hainan Free Trade Port (Trial Version) 

Chapter 1 General Provisions 

Article 1 The Measures is formulated based on the Overall Plan for the Construction of Hainan Free Trade Port and the status quo of Hainan with a view to meeting the demands of comprehensively deepening reform and opening up in the province, easing the restraints on direct supply of professional services by non-mainland Chinese and foreigners to enterprises and residents in Hainan FTP, and accelerating the construction of the Hainan FTP.

Article 2 The Measures is applicable for non-mainland Chinese and foreigners that offer professional services to enterprises and residents in Hainan FTP with their qualifications accredited outside of China’s mainland.

To be more specific, the non-mainland Chinese and foreigners herein refer to those that have obtained professional qualifications outside of China’s mainland, and are hired by employers based in Hainan FTP.

Professional qualifications herein refer to qualifications of professions mandated by governments or agencies outside of Chinese mainland for the sake of public interests or security, individual health, and safety of life and properties (except for certified accounting and legal services).

Article 3 The competent talent administration of the CPC Hainan Provincial Committee, provincial department of human resources and social security as well as provincial industry administrations shall compile a checklist of professional qualifications outside of Chinese mainland to be recognized in light of the needs of the construction of Hainan FTP, and the checklist is subject to adjustment.

Article 4 Non-mainland Chinese and foreigners who are equipped with qualifications listed in the checklist shall meet related requirements, acquire accreditation of qualifications and get the Qualification Certificate of Non-mainland Chinese and Foreigners Working in Hainan FTP before they offer services to enterprises and residents in Hainan FTP.

Chapter 2 Accreditation 

Article 5 Competent provincial industry administrations shall formulate the criteria for accreditation and carry out the accreditation of the qualifications of non-mainland Chinese and foreigners within corresponding industries.

Article 6 Non-mainland Chinese and foreigners who comply with the Chinese constitution, laws and regulations as well as professional ethics, have full capacity for civil conduct and have acquired valid work permits verified and issued by competent authorities in Hainan may apply for accreditation of qualifications.

Article 7 Accreditation of qualifications of non-mainland Chinese and foreigners may be conducted in the form of material verification, presentation, test, or review. The form shall be defined by competent provincial industry administrations.

Article 8 Accreditation of qualifications of non-mainland Chinese and foreigners shall follow the procedures as below:

(1) Application. For non-mainland Chinese and foreigners who apply for accreditation of qualifications, their employers shall submit the application to the provincial one-stop talent service window together with the applicant’s employment agreement or labor contract, foreign qualification certificates (including Chinese version translated by a translation agency), scope of professional services, and employer’s undertaking of authenticity and validity of his/her foreign qualifications.

(2) Handling. The provincial one-stop talent service window shall conduct a preliminary review of the application, and accept to handle the application with all the required materials; otherwise, the employer shall be informed of all the missing materials once; as for unqualified or rejected application, proper explanation shall be given. The service window shall send the materials to the corresponding provincial industry administration within 2 business days upon receipt.

(3) Accreditation. The competent provincial industry administration shall be responsible for the accreditation of the applicant’s qualification, and make decisions about it within 20 business days. If the qualification is accredited, the applicant’s scope of professional services shall be defined based on his/her expertise level; otherwise, written explanation shall be given and all the materials submitted shall be returned.

(4) Certificate Issuance. The competent provincial industry administration shall issue to non-mainland Chinese and foreigners who have passed the accreditation the Qualification Certificate of Non-mainland Chinese and Foreigners Working in Hainan FTP, on which the scope of professional services and effective term shall be noted.

Article 9 The Qualification Certificate of Non-mainland Chinese and Foreigners Working in Hainan FTP serves as a valid document that enables the owner to offer relevant professional services in Hainan FTP. The certificate shall be kept and used solely by the owner.

The Qualification Certificate of Non-mainland Chinese and Foreigners Working in Hainan FTP shall be produced with the same specification by the competent provincial industry administration.

Chapter 3 Professional Practice 

Article 10 The owner of Qualification Certificate of Non-mainland Chinese and Foreigners Working in Hainan FTP (hereinafter referred to as “owner”) is entitled to equivalent rights within the designated scope of professional services and effective term as mainland Chinese professionals with the same qualification in the province.

In case of professional services that require the affixation of the seal of mainland Chinese professional practice, the signature of the owner plus the seal of his/her employer will be accepted by competent authorities in Hainan FTP.

Article 11 When delivering related professional services in Hainan FTP, the owner is obliged to:

(1) Offer services within the designated scope of professional services;

(2) Abide by Chinese laws and regulations, and professional ethics, assure the quality of services, and defend public interests;

(3) Keep confident the secrets of employers and individuals acquired during the delivery of professional services;

(4) Fulfill other obligations specified by the competent provincial industry administration.

Chapter 4 Supervision 

Article 12 The competent provincial industry administration shall supervise and monitor the owner’s delivery of professional services in pursuant of the Measures. During such supervision and monitoring, the administration may inquire the owner of the services, and refer to related materials, with which the related employer and individuals shall be cooperative.

Article 13 Employers shall set up credit files of owners. The file shall include the owner’s basic profile, business performance, good and bad acts, and the like. Specifically, bad acts such as violations, and subject of complaints, report and administrative penalty shall be recorded in the owner’s credit file.

The employer shall send a report about the credit profile of its employed owners to the competent provincial industry administration at the end of every year.

Article 14 In case of any violations against provisions herein, such as engagement in professional services without accreditation, or delivery of services beyond the designated scope, the competent provincial industry administration shall reject such actions, and deal with the case in line with regulations regarding unlicensed practice or practice beyond scope.

Article 15 In the event that an owner’s Qualification Certificate of Non-mainland Chinese and Foreigners Working in Hainan FTP is revoked by the competent provincial industry administration because of violations against the Measures, his/her application for accreditation of qualification will not be handled within the next three years; in case of major accident incurred by the violation, his/her application for accreditation of qualification will not be handled for his/her lifetime.

Article 16 In the event that a non-mainland Chinese applicant  submits fake materials for the accreditation application, the competent provincial industry administration shall reject such application, include him/her into the blacklist of dishonesty, and ban him/her from making accreditation application for the next three years.

Article 17 In the event that an employer fails to report the credit profile of its employed owners as regulated, the competent provincial industry administration may demand it to make rectification within set time; if it fails to do so within set time, the competent provincial industry administration may stop handling the employer’s application for accreditation of non-mainland Chinese applicant’ qualifications.

Article 18 The competent provincial industry administration shall set up a bulletin to announce information of owners. Information such as the list of certificate owners and their designated scope of services, effective term, the list of owners whose certificates are revoked, and violations by owners shall be disclosed in a timely manner on the administration’s website or other public websites.

Article 19 The competent provincial industry administration shall establish a policy adjustment mechanism for non-mainland Chinese applicant’ professional practice, and refine related regulations about such practice within the corresponding industry based on the needs of industry development and owners’ delivery of professional services.

Chapter 5 Supplements 

Article 20 The competent provincial industry administration may formulate by-laws on the administration of non-mainland Chinese applicant’ professional practice based on the Measures.

National regulations (if any) with respect to the professional practice of residents from Hong Kong, Macao and Taiwan in Hainan FTP shall prevail.

Article 21 The Talent Development Bureau of CPC Hainan Provincial Committee and Hainan Department of Human Resources and Social Security reserve the right to interpretation of the Measures.

Article 22 The Measures shall be implemented upon issuance.

(All information in the documents are authentic in Chinese and their English versions are provided for reference only. In case of any discrepancy, the Chinese versions shall prevail.)