Legal Guide: Cross-Border Services for Foreigners and HK/Macao/Taiwan Residents in Mainland China (2025)

As China deepens its global and regional integration, Mainland China has become a primary hub for international marriages, business ventures, and legal settlements. For clients of hirelawfirm.cn, understanding the distinct legal pathways for Foreigners and Residents of Hong Kong, Macao, and Taiwan (HKMT) is essential.

1. Marriage & Family Law (婚姻与家庭)

In 2025, China implemented the revised Regulations on Marriage Registration, bringing significant changes to "foreign-related" unions.

• Who Can Register?

  • Mainland Resident + Foreigner/HKMT Resident: Fully supported and can be registered in Mainland China.

  • Foreigner + Foreigner: Generally not registered in Mainland China (must be done at an embassy or in a third country).

  • HKMT + HKMT: Can be registered in some pilot cities if one party has a residence permit.

• The "Nationwide Completion" (全国通办): One of the parties only needs to hold a valid Residence Permit (居住证) in the city where they wish to register, or they can register at the Mainland partner's place of Hukou.

• Documentary Differences:

  • Foreigners: Passport + Notarized/Apostilled "Single Status Certificate."

  • HKMT Residents: Home Return Permit (回乡证) + Notarized declaration of single status (issued by a China-Appointed Attesting Officer for HK/Macao).

2. Business & Corporate Legal Services (商务与投资)

Foreign and HKMT investors are governed by the Foreign Investment Law, but HKMT residents often benefit from CEPA (Closer Economic Partnership Arrangement).

• WFOE / FIE Registration: Both can set up Wholly Foreign-Owned Enterprises (WFOE). HKMT investors often use this to access mainland markets with lower thresholds in service sectors.

• Individual Business (个体工商户): * HKMT Residents: Have a significant advantage; they can register as "Individual Industrial and Commercial Households" in many sectors (catering, retail) without the complex capital requirements of a WFOE.

  • Foreigners: Limited to specific pilot zones for individual business registration.

• Notarization of Subject Documents:

  • Foreign Companies: Require Apostille or Consular Authentication.

  • HKMT Companies: Require the "Red Seal" of a China-Appointed Attesting Officer (中国委托公证人).

3. Public Notary & Legal Documentation (公证业务)

Notary offices in the Mainland serve both groups, but the "usage" of the documents differs:

• Civil Matters: Notarization of diplomas, no-criminal records, and kinship for visa or inheritance purposes.

• Property Transactions: Both groups must notarize Power of Attorney (POA) if they cannot be physically present for real estate sales or purchases in China.

• Special Note for HK/Macao: Documents intended for use in the Mainland must be "Attested" by specific lawyers in HK/Macao approved by the Ministry of Justice, rather than a standard local notary.

4. Social Security & Civil Rights (社保与权益)

• Housing Fund (公积金): Both foreigners and HKMT residents working in China are eligible to contribute to and withdraw from the Housing Provident Fund.

• Social Insurance: Participation in China’s social security system is mandatory for both groups under employment, ensuring access to local healthcare and pension schemes.

Comparison Table: Foreigners vs. HKMT Residents

Why HireLawFirm.com?

Navigating the subtle differences between "Foreign-related" and "HKMT-related" legalities requires a firm with cross-border expertise. Whether you are an expat marrying a local or a Hong Kong entrepreneur entering the Shanghai market, HireLawFirm.com provides the specialized oversight to ensure compliance and protect your assets.

Need assistance with a cross-border legal matter?

Consult our experts at www.hirelawfirm.cn.