PRC: Compliance Guidelines For Non-compete Restraints/中国：竞业限制合规指引

On 4 September 2025, the Ministry of Human Resources and Social Security (MOHRSS) issued the Compliance Guidelines for the Implementation of Non-Compete Agreements by Enterprises (the Guidelines). While these Guidelines are not legally binding, they provide supplementary guidance to otherwise broad legal provisions, including several innovative and practical recommendations.

人力资源社会保障部于2025年9月4日发布了《企业实施竞业限制合规指引》（“ 《指引》”）。《指引》不具有法律强制力，但针对法律法规中的笼统规定做了补充性的指导，其中不乏一些比较新颖的实践建议。

Scope of Personnel

人员范围

Article 7 of the Guidelines states that if an employer asks employees – excluding senior managers and senior technical staff – who are bound by confidentiality obligations to sign non-compete agreements, the employer must provide the employee with the reasons for doing so beforehand, as well as identify the specific trade secrets that need protection. Employees who have only general industry knowledge or skills, or who have access to only standard business