The Legal System for Talent Recruitment

Law 7/2023, passed by the Legislative Assembly on May 18th, 2023, which approved the Residency Scheme for Highly Qualified Workers (“Talents”), was finally regulated by Administrative Regulation 19/2023, which entered into force on July 1st, 2023.

Introduced by the Macao Government back in 2021, the new System is now a reality.

The new Legal System aims to optimize Macao’s demographic structure, develop the leading role of qualified workers (by attracting talents), enhance the quality, technical competence and competitiveness of the general population, and promote the appropriate diversification of Macao’s economy, including the development of key industries.

The new system divides the candidates into High-end Talents, Outstanding Talents and Advanced Professionals.

High-end Talents:

  • Professionals with exceptional skills, with globally recognised achievements, and/or significant contributions in specific areas;
  • Their habitual residency may be outside Macao;
  • They should contribute to Macao’s long-term economic and social development.

Outstanding Talents:

  • Those who will contribute to Macao’s economic diversification.
  • They should have experience in the city’s key industries which shall be established by the Government;
  • Their habitual residency may be outside Macao;
  • They are not required to be locally employed;
  • They should be engaged in work or professions that match their qualifications and the requirements of the programme as established by the Government.

Advanced Professionals:

  • Professionals with experience and skills in the key industries that are difficult to find locally;
  • They should be defined as in short supply;
  • They must be employed locally or received a local employment offer;
  • Their salary must meet a specified level;
  • They should be in jobs or occupations that match their qualifications.
  • They must have their habitual residency (i.e. 183 days) in Macao and fulfil other legal conditions.

Key points of the new Legal System:

  • The procedure will be conducted entirely online, through a platform set up by the Government (including notifications to the applicants).
  • In line with Macao’s needs, the Government will publish notices for certain key areas/positions in which Macao has a shortage of manpower and this notice will define the type of professionals who will be eligible to apply for the residency under the new Legal System.
  • The applications may be extended to the dependants of the applicants.
  • The applications will be examined by the Public Security Police, together with the Talent Development Committee. The latter will the draw up a final opinion with a proposal for a decision, which will be assessed by the Chief Executive, who will have the last word.
  • This Legal System will provide tax benefits (exemption from stamp duty and property tax on the purchase of real estate for business use; exemption from complementary tax and reduction of professional tax) to the applicants or companies owned by the applicants (more than 50% direct shares).

 

*The text of this communication is of a general nature and is not intended to be a source of advertising, an offer of services or legal advice; therefore, the reader should not rely solely on the information contained herein and should always seek the advice of a lawyer.