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Legal Services
Related laws and regulations:
1. "Statute of the Lawyers Association"
The Macao Lawyers Association represents the society of lawyers and trainee lawyers who practice in Macao while the “Statute of the Lawyers Association” is a normative document that regulates the nature, responsibilities and structure of the Lawyers Association.
2. "General Principles for Lawyers" - Decree-Law No. 31/91/M
This decree-law regulates the terms and conditions of profession requirements, professional conduct, composition and duties of relevant bodies, etc. (amended by Decree-Law No. 26/92/M and Decree-Law No. 42/95/M)
3. "Regulations of profession requirements for Lawyers"
The regulations are promulgated by the Macao Lawyers Association and were proclaimed in the Issue No. 50, Series II of Official Bulletin in 1999, stipulating the qualifications and entry requirements for lawyers practising in Macao.
4. "Internal Rules for the Superior Council of Lawyers"
The disciplines are promulgated by the Superior Council of Lawyers and were proclaimed in the Issue No. 43, Series I of the Official Bulletin in 1996, regulating the constitution, operation and the disciplinary organ of the Superior Council of Lawyers.
5. "Codes of Conduct for Lawyers" - Dispatch No. 53/GM/95
The codes regulate lawyer"s violation of disciplines, as well as relevant diciplinary procedures.
Accounting, auditing and bookkeeping
Main laws for accounting services:
1. Decree-Law No. 71/99/M - "Account Auditor By-laws"
Regulates matters concerning the registration of auditors and the practice of the respective activities.
Construction including real estate, construction and relevant projects
Summary of laws involving the scope of construction services
1. Decree-Law No. 79/85/M, of 21st of August - "General Regulations on Urban Construction"
It is a legal regime that regulates the conditions for project planning, the procedures for approval, the licensing of works and the subsequent management, and administers the punishment of any illegalities.
2. Law No. 6/99/M, of 17th of December - "Standards on the Use of Urban Real Estate"
It is a legal regime that regulates the matters pertinent to the use of urban real estate, as well as any illegalities.
3. Portaria No. 7/91/M, of 14th of January - "Updates on the fees charged in accordance with the General Regulation on Urban Construction"
Updates on the fees charged in accordance with the General Regulations on Urban Construction, including the registration fees for technical personnel, civil construction companies and contractors, and construction and inspection fees.
4. Administrative Regulation No. 24/2009 - Amendment to the General Regulation for Urban Construction.
5. Administrative Regulation No. 1/2015, Qualifications system in the fields of urban construction and urban planning.
With regards to the real estate sector, currently no laws have been enacted to restrict foreign companies from entering the Territory to provide relevant services. Foreign investors and Macao businesses can provide real estate services after completing the registration procedures in accordance with the laws governing the establishment of a company.
It is worth-noting that, according to paragraph 2 of Article 178 of the "Commercial Code", companies that provide services in the Territory for a long-term, even if their head office or their administrative departments are not located within the Territory, must appoint a representative with permanent residency in the territory,
The current laws of Macao do not impose restrictions on market entry for foreign investors entering Macao. The procedures for establishing construction companies and contractors are the same as those of other industries. Nonetheless, those construction companies are required to register with the Land, Public Works and Transport Bureau.
Medical and Dental Services
The supervisory body of the relevant medical and dental services in Macao is the Health Bureau, which is responsible for the examination and approval of profession licenses, as well as the licensing and supervision for private healthcare units.
Law No.18/2020, Qualification and registration regime for the exercise of activity of health professionals, establishes the qualification and registration regime for the exercise of activity applicable to health professionals in the public and private sector.
Administrative Regulation No. 23/2021, Level of academic or professional qualifications of health professionals.
Administrative Regulation No. 45/2021, Regulation of the procedure of specialized medical and nursing training.
Advertising Services
The procedures for establishing advertising companies are the same as establishing other kind of companies. First of all, enterprises must register with the Businesses and Vehicles Registry and submit Declaration of Commencement of Operations and Declaration of Tax Payment to the Finance Services Bureau.
When applying for placing advertising signs in public areas, companies must submit application for the "License of promotional and advertising products" to the Division of Administrative Licensing of the Civic and Municipal Affairs Bureau. If the advertisements are to be circulated on the Internet, licenses must be obtained from the Bureau of Telecommunications Regulation. After approved, companies will be granted the right to disseminate the advertisements. Ordinary advertising companies are not required to obtain professional qualifications.
Law No. 7/89/M - "The General Regime of Advertising Activities"
It is a set of rules that regulates advertising activities and a legal regime to govern the dissemination of advertising messages, regardless of the means of dissemination, and the conditions concerning the contents and public display of those messages.
The law prohibits misleading or wrongfully influencing the targets of advertisements. It especially prohibits advertisements with hidden, indirect or fraudulent natures. In addition, the law lists clearly the advertisements under restrictions. (For example, advertisements of alcoholic drinks and tobacco are restricted.)
Moreover, Title X "Advertising Contract" in Book III "External Activity of an Enterprise" in "Commercial Code" lays out the general regulations, rights and obligations of the parties concerned in an advertising contract.
Management Consultancy Services
There are no constraints on the services in relation to the industry in Macao. Furthermore, foreign residents (including Chinese citizens) are allowed to apply for business and tax registration.
With regards to business registration, no constraints are imposed on Chinese citizens who engage in management consultancy services in Macao, as long as they have completed relevant registration with the Businesses and Vehicles Registry. Registration can be divided into two categories: wholly-owned companies or joint-venture companies. Wholly-owned companies must fill in the application forms for registration of individual entrepreneurs. Registration of joint-venture companies can be carried out by delegated lawyers with a power of attorney, or the companies can register by themselves with a public deed at the Public Notary Office. At the moment, the Macao Trade and Investment Promotion Institute provides one-stop services to facilitate the launch of business activities for individuals or organizations in Macao.
The relevant laws include:
Decree-Law No. 56/99/M - "Business Registration Code"
Law No. 5/2000 - Amended the "Business Registration Code" and abolished Decree-Law 56/99/M and various articles in the "Business Registration Code".
Convention and exhibition services
There are no constraints on providing services in the industry in Macao.
Commercial Code - Regulates all business activities within the territory of Macao.
Telecommunications services
The scale of the fixed and mobile voice communications market in Macao is small and the number of service providers is restricted. Therefore, the entry requirements on this particular segment of the telecommunications sector are restricted in terms of the number of licenses issued instead of capital requirement.
The laws regulating telecommunication services in Macao include:
Decree-Law No. 18/83M - "Establish Measures of Using Radiocommunication"
It is a legal regime that regulates matters concerning the management and supervision of radiocommunications, government authorization, prohibited radiocommunication, approval and commercialization of radiocommunication equipment, radio disturbances and maintenance.
Decree-Law No. 48/86M - "Administrative Regime of Radiocommunication Services" regulates the administrative, operative and technical aspects of radiocommunications.
Law No. 8/89/M - "Legal Regime for Sound and Visual Broadcasting Activities" establishes a regime to regulate the entry to and operation in the industry, to grant appropriate authority to the Government in order to facilitate the development of the industry, and to govern different frequencies in the frequency spectrum available in the Territory.
Decree-Law No. 29/94/M, Approves the Radiocommunications Amateur Regulation. — Revocations.
It is a legal system that regulates the technical conditions with which any amateur stations must comply, stipulates general rules of operation, defines the professional skills that amateur radio operators must possess, and governs the criteria for issuing licenses to amateur station operators.
Decree-Law No. 3/98M - "The Basic Principles governing the Licensing of Satellite Television Broadcasting Systems and Services"
It is a legal regime that sets out the basic principles governing the licensing of satellite television broadcasting systems and services.
Law No. 14/2001 - "Basic Telecommunications Law"
It defines the framework of telecommunications policies in the Macao Special Administrative Region, regulations for the establishment, management and operation of telecommunications networks, and the guilding regulations for providing telecommunications services.
Administrative Regulation No. 41/2011, "Regime for the installation and operation of public fixed telecommunications networks".
Administrative Regulation No. 7/2002 - "Regulations for Mobile and Fixed Line Telecommunication Operators and Services Providers" is a system establishing the rules for public telecommunications network operators and for mobile and land line telecommunication services providers, as well as the issurance of licenses and respective disciplinary measures.
Administrative Regulation No. 15/2002 - "Management and Assignment of Numbering Resources for Telecommunication" establishes the legal framework for the management and allocation of number resources for fixed line telephone services, mobile telecommunication services and data transmission services.
Administrative Regulation No. 16/2002 - "Regulation on the Installation and Operation of External Telecommunication Infrastructures" establishes the legal regime for the installation and operation of external telecommunications infrastructure, licensing and respective disciplinary measures.
Dispatch of the Secretary for Transport and Public Works No. 43/2016, "Approves the Numbering Plan of the Macau Special Administrative Region", establishes a legal regime for the numbering plan of the Macao Special Administrative Region.
Administrative Regulation No. 24/2002 - "Regulation on the Provision of Internet Services" establishes a system regulating the access to the internet industry, provision of Internet services, relevant licensing regime, and respective disciplinary measures.
Administrative Regulation No. 16/2010, "Approval of the General Table of Fees and Fines Applicable to Radio Services"
Administrative Regulation No. 6/2004, Amendments to the licensing regime for satellite television broadcasting.
Audiovisual
Market Entry Regulations/ Measures and Laws of Management
Any services that are provided via airwaves transmission, such as radio and television stations, must be applied with the Bureau of Telecommunications Regulation. Other audio-visual services are regulated by the Cultural Affairs Bureau.
Decree-Law No. 47/98/M
It is a legal regime regulates the administrative licenses and disciplinary system of certain economic activities.
For any movie that is to be produced and filmed in the Territory with Macao as the main theme or story background, or of which the shooting is to be carried out in the public areas in the Territory, or any movie, documentary or commercials that involve the use of explosives or special effects and firearms, administrative filming licenses must de applied with the Cultural Affairs Bureau. Applicants must submit the applications, along with relevant information such as details of the producers, starting date of the production, types of movie, and the filming location and duration, to the Cultural Affairs Bureau 20 days prior to the shooting.
Law No. 10/78/M
It is a legal regime that regulates the sales, exhibition and display of pornographic and obscene materials in the Macao Special Administrative Region.
Decree-Law No. 15/78/M
Regulates the establishment of the Performance Classification Commission and sets out its duties and obligations.
For any performance activities to be held in the Territory, the performance organisers must obtain an age-group classification from the Performance Classification Committee at least 72 hours in advance of the performance. Information in relation to the performances, such as photographs, posters, plot summary, and audio-visual materials, etc., must be submitted along with the request.
Insurance
According to the current laws and regulations, applicants who are to enter the local insurance market must comply with the capital and fund requirements.
The capital requirements for establishing insurance companies in the Macao Special Administrative Region are MOP 30 million for life insurance companies and MOP 15 million for non-life insurance companies.
The capital requirements for establishing re-insurance companies in the Macao Special Administrative Region are MOP 150 million for life insurance companies and and MOP 100 million for non-life re-insurance companies.
The subsidiaries of foreign insurance companies in the Macao Special Administrative Region must establish a fund of MOP 7.5 million for life insurance companies and MOP 5 million for non-life insurance companies. In addition, the equity of the head office of those insurance companies should not be less than the minimum share capital requirement for the life insurance companies or non-life insurance companies in the Territory.
Subsidiaries established by foreign insurance companies or re-insurance companies do not need to establish any funds. Nevertheless, the equity of the head office of those insurance companies should not be less than the minimum share capital requirement for the insurance companies or re-insurance companies in the Territory.
The main laws include:
Law No. 21/2020, Amendment to Decree-Law No. 27/97/M "Macau Insurance Ordinance", of 30 June.
Regulates the conditions of entry into and operation of insurance and reinsurance businesses in the Macao Special Administrative Region, and the disciplinary measures on any illegalities.
Decree-Law No. 38/89/M - "Insurance Agents & Brokers Ordinance"
Defines the legal regime governing the activities of insurance intermediary businesses, application requirements, government supervision and relevant disciplinary measures.
Banking Services
The main laws include:
Decree-Law No. 32/93/M - "Macau Financial System Act"
Defines the general rules governing financial activities in the Macao Special Administrative Region, the rules on the constitution and operation of credit institutions, and relevant disciplinary measures.
Law No. 15/2018, Repeal of the legal regime for the exercise of offshore activity.
Decree-Law No. 15/83/M - "Finance Companies"
It stipulates the rules on the establishment and operation of financial companies.
Securities
Specific Laws
Decree-Law No. 32/93/M - "Macau Financial System Act"
Defines the general rules governing financial activities in the Macao Special Administrative Region, the rules on the constitution and operation of credit institutions, and relevant disciplinary measures.
Decree-Law No. 83/99/M - "Legal System for Investment Funds and Management of Investment Fund"
It establishes the legal regime governing investment funds, investment fund management companies, and relevant disciplinary measures.
Travel related services
License application procedures for travel agencies
The Macao Government Tourism Office is responsible for license issurance to travel agencies. Travel agencies must obtain the permit from the Chief Executive through the submission of applications to the Macao Government Tourism Office.
When applying for business permits, travel agencies must fulfill the following conditions:
a) The applicant must establish a company in Macau to solely operate travel agency businesss.
b) Minimum amount of capital of the company must be at least MOP 1.5 million, which is to be paid in full amount.
c) The company has to guarantee that it undertakes the responsibility for its business affairs in the interests of customers.
d) The company should have at least one technical director.
e) The company must provide bank guarantee of MOP 500,000 and be insured for professional liability with insured amount not less than MOP 700,000.
f) The company must operate in premises with equipment appropriate to the exercise of their activities.
Establishment of Branches
When applying for business permits to set up branches, travel agencies must fulfill the following conditions:
a) For every branch the company is to establish, the minimum capital of the company should be increased by at least MOP300,000.
b) The branches should operate in premises with equipment appropriate to the exercise of their activities.
Application procedures for Tour Guide Cards
Tour Guide Gards are issued by Macao Government Tourist Office.
Related law and regulation:
Decree-Law No. 48/98M - "Legal Regime of Travel Agents and Professional Tour Guides"
Administrative Regulation No. 42/2004, Changes to the regulatory rules of travel agencies and the tourist guide profession.
Transportation
"Commercial Code" - Regulates all business activities within the territory of Macao.
"The Road Traffic Ordinance" - sets out the regulations on road traffic, rules for pedestrians and vehicles, and criminal offenses.
Decree-Law No. 90/99/M - "Regulations on Maritime Activities in Macao"
It is the legal regime that establishes the fundamental rules governing maritime activities, including maritime registration, documents to be kept on board, ships and sailings safety, as well as the respective disciplinary regulations.
Decree-Law No. 7/96/M - "Regulations on the Operation of Transshipping Activities in the Territory of Macao"
It is a legal regime that stipulates the criteria for freight forwarders to engage in transshipping activities, the requirements on the legal, economic and financial structures that companies must meet at the time of constitution, and the conditions that freight forwarders must fulfill in terms of organizational structures, capacity and qualifications.
Administrative Regulation No. 4/004 - "Cross-Border Passengers Land Transportation" It is a legal regime that stipulates heavy or light-duty passenger vehicles of cross-border passengers land transportation.
Administrative Regulation No. 12/2020, Amendment to Decree-Law no. 90/99/M, of 29 November, and to the Maritime Activities Regulation.
Logistics
According to Law No. 7/2003, "External Trade Law", a natural person or a juridical person who has fulfilled the relevanat tax obligations in the Macao Special Administrative Region is allowed to engage in external trade activities. Nonetheless, when engaging in the import and export activities of certain regulated goods, e.g. exporting textiles to quota-restricted regions or importing or exporting endangered flora and fauna, the external trade operator must apply for the import and export license from Economic and Technological Development Bureau.
Relevant laws include:
"The Commercial Code" - Regulates all business activities within the territory of Macao.
Decree-Law No. 7/96/M - "Regulation of the operation of transshipping activity business in the territory of Macao"
It is a legal regime that stipulates the criteria for freight forwarders to engage in transshipping activities, the requirements on the legal, economic and financial structures that companies must meet at the time of constitution, and the conditions that freight forwarders must fulfill in terms of organizational structures, capacity and qualifications.
Law No. 7/2003 - "External Trade Law" - Regulates the import and export actitivities of external trade operators in Macao.
Computers
Currently, no certification is required for companies providing information technology services in both Hong Kong and Macao, and no special operation licenses are required from the authorities.
Dispatch of the Chief Executive No. 375/2005
Job Referral Agency / Job Intermediary
When establishing, a company must register with the Businesses and Vehicles Registry and the Finance Services Bureau for business commencement and tax declaration. Applicants are categorized as natural persons and juridical persons. Foreign residents (including Chinese citizens) are also eligible for business and taxation registration. However, Macao civil servants are not allowed to be the owner, member, or shareholder of a fee-charging job referral agency. In addition, no person is allowed to hold a concurrent post as the owner, member, or shareholder of a fee-charging and a non-fee-charging job referral agencies at the same time.
Decree-Law No. 47/98/M, "Approves the new administrative licensing regime for certain economic activities".
Law No. 16/2020, "Employment agency activity law".
Trademark Agency
Aside from holders of Macao SAR Identity Cards or any legal entities established in accordance with the laws of Macao SAR, trademark registration in Macao SAR can be carried out by any of the following agents if the applicant is not a natural or juristic person residing or established in the Macao Special Administrative Region:
- Lawyers registered with the Macao Lawyers Association
- Natural person residing in the Macao SAR
- Juristic persons established in accordance with the laws of Macao SAR
Patent Agency
Aside from holders of Macao SAR Identity Cards or any legal entities established in accordance with the laws of Macao SAR, patent registration for an invention in Macao SAR can be carried out by any of the following agents if the applicant is not a natural or juristic person residing or established in the Macao Special Administrative Region:
– Lawyers registered with the Macao Lawyers Association
– Natural persons residing in the Macao SAR
– Juristic persons established in accordance with the laws of Macao SAR
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