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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II MARRIAGE REGISTRATION CHAPTER III DIVORCE REGISTRATION CHAPTER IV MARRIAGE REGISTRATION ARCHIVES AND MARRIAGE CERTIFICATE CHAPTER V PENALTY PROVISIONS CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. With a view to regulating the marriage registration, safeguarding the marriage system featured by freedom to marry, monogamy and equality between men and women, and protecting the lawful rights and interests of the parties in marriage, the present Regulation are formulated in accordance with the Law of the People's Republic of China on Marriage (hereinafter referred to the Marriage Law). Article 2. The organ in charge of marriage registration for mainland residents shall be the civil administration department of the people's government at the county level or the people's government at the town (township) level. The people's government of the province (autonomous region, municipality directly under the Central Government) may, according to the principle of facilitating registration, decide on the specific organ in charge of marriage registration for rural residents. The organ in charge of marriage registration for the marriage between a Chinese citizen and a foreigner, or between a mainland citizen and a citizen of the Hong Kong Special Administrative Region (hereinafter referred to a Hong Kong resident), a citizen of the Macao Special Administrative Region (hereinafter referred to a Macao resident), a citizen of the Taiwan Region (hereinafter referred to a Taiwan resident) or an overseas Chinese, shall be the civil administration department of the people's government of the province (autonomous region, municipality) or the organ fixed by that department. Article 3. The registration personnel of the marriage registration organ shall receive professional trainings on marriage registration and go through examination before engaging in the work of marriage registration. Apart from the processing fee in accordance with the charging rates, the marriage registration organ may not, during the handling of the marriage registration, charge against the parties any other fees or impose any other obligations. CHAPTER II MARRIAGE REGISTRATION Article 4. For the marriage between two mainland citizens, the man and the woman shall appear together to go through the marriage registration at the marriage registration organ in the locality where either of the applicants has his / her residence registration. For the marriage in China's mainland between a Chinese citizen and a foreigner, or between a mainland citizen and a citizen of Hong Kong, Macao, Taiwan, or an overseas Chinese, the man and the woman shall appear together to go through the marriage registration at the marriage registration organ in the locality where the mainland citizen has his / her residence registration. Article 5. A mainland citizen applying for the marriage registration shall present the following certificates / certification: (1) the applicant's residence registration and identification card; and (2) the signed statement to indicate the applicant has no spouse and the man and the woman are not lineal relatives by blood or collateral relatives by blood up to the third degree of kinship. A citizen of Hong Kong, Macao or Taiwan who applies for marriage registration shall present the following certificates / certification: (1) the applicant's valid travel permit and identification card; and (2) the statement notarized by the notary office in the applicant's place of residence that he / she has no spouse and the man and the woman are not lineal relatives by blood or collateral relatives by blood up to the third degree of kinship. An overseas Chinese applying for marriage registration shall present the following certificates / certification: (1) the applicant's valid passport; and (2) the certification issued by the notary office or entitled organ in the applicant's country of residence upon the authentication by the embassy (consulate) of the People's Republic of China in the said country to indicate that he / she has no spouse and the man and the woman are not lineal relatives by blood or collateral relatives by blood up to the third degree of kinship, or that directly issued by the embassy (consulate) of the People's Republic of China in this country. A foreigner applying for marriage registration shall present the following certificates / certification: (1) the applicant's valid passport or other valid international travel certificate; and (2) the certification issued by the notary office or entitled organ in the applicant's country of nationality upon the authentication by the embassy (consulate) of the People's Republic of China in the said country to indicate that he / she has no spouse, or that issued by the embassy (consulate) of this country in the People's Republic of China. กก Article 6. When the parties applying for the marriage registration are found to be in any of the following instances, the marriage registration organ shall not render the registration. (1) either party has not come up to the legitimate age for marriage; (2) the marriage is not based on the free will of both parties; (3) either party has or both parties have already had a spouse; (4) the parties are lineal relatives by blood or collateral relatives by blood up to the third degree of kinship; or (5) either party has suffered from any disease that is held by medical science as unfit for him / her to get married. Article 7. The marriage registration organ shall examine the certificates and certification presented by the applicants for marriage registration and inquire them about the relevant facts. For the applicants qualified for marriage, registration shall be conducted on the spot, and a marriage certificate shall be issued; for the applicants failing to qualify for marriage, reasons for refusal of registration should be given to the applicants. Article 8. For remedial marriage registration, the provisions of the present Regulation for marriage registration shall apply. Article 9. In the case of intimidated marriage, when applying to the marriage registration organ for canceling such marriage, the intimated party shall present the following certification materials: (1) the applicant's identification card and marriage certificate; and (2) the certification bearing proof to the intimidated marriage. When arriving at the conclusion of intimidated marriage upon verification of the facts, if no issues such as child upbringing, property and debts is involved, the marriage registration organ shall cancel the marriage and pronounce the invalidation of the marriage certificate. CHAPTER III DIVORCE REGISTRATION Article 10. For the voluntary divorce of mainland residents, the man and woman shall appear together for divorce registration at the marriage registration organ in the locality where either of the parties has his / her residence registration. For the voluntary divorce in China's mainland between a Chinese citizen and a foreigner, or between a mainland citizen and a citizen of Hong Kong, Macao, Taiwan, or an overseas Chinese, the man and woman shall appear together to go through the divorce registration at the marriage registration organ in the locality where the mainland citizen has his / her residence registration. Article 11. A mainland citizen applying for divorce registration shall present the following certificates / certification: (1) the applicant's residence registration and identification card; (2) the applicant's marriage certificate; and (3) the divorce agreement concluded by both parties. Apart from the certificates / certification prescribed by Item (2) and Item (3) of the preceding paragraph, a citizen of Hong Kong, Macao or Taiwan that applies for divorce registration shall present his / her valid travel permit and identification card, while an overseas Chinese or foreigner shall present his / her valid passport or other valid international travel certificate. The divorce agreement should contain the expression of willingness to divorce by both parties and the consensus reached on issues such as child upbringing, property and debts disposition. Article 12. When the parties applying for divorce registration are found to be in any of the following instances, the marriage registration organ shall not render the registration. (1) no divorce agreement has been reached; (2) either of the parties has no or limited civil capacity; or (3) the marriage registration is not processed in China's mainland. Article 13. The marriage registration organ shall examine the certificates and certification presented by the applicants for divorce registration and inquire them about relevant facts. For the applicants who wish to get divorced upon their own free will, if agreement has been reached on issues such as child upbringing, property and debts, registration shall be conducted on the spot, with a divorce certificate being issued to them. Article 14. If, after divorce, both parties desire to resume their husband-and-wife relationship, they shall go through resumption registration at the marriage registration organ, with the provisions of the present Regulation on marriage registration applied. CHAPTER IV MARRIAGE REGISTRATION ARCHIVES AND MARRIAGE CERTIFICATE Article 15. The marriage registration organ shall establish archives on marriage registration, which shall be kept on a long-term basis. The specific measures in this regard shall be formulated by the civil administration department of the State Council in conjunction with the department of the state in charge of archives management. Article 16. Upon receipt of a copy of the judgment of the people's court on invalidating or canceling the marriage, the marriage registration organ shall insert the copy into the marriage registration archives of the parities. Article 17. In case the marriage or divorce certificate is missing or destroyed, the parties may apply for a new one to the original marriage registration organ or the marriage registration organ at the locality where either of the parties has his / her permanent residence registration, by presenting their residence registration documents and identification cards. The marriage registration organ shall investigate and verify the marriage registration archives of the parties; if the facts are established, it shall reissue a marriage or divorce certificate to the parties. CHAPTER V PENALTY PROVISIONS Article 18. If the marriage registration organ or any of the staff thereof is found to have committed the following acts, administration sanctions shall be given to the person-in-charge and other persons bearing direct responsibilities in accordance with the law: (1) processing the marriage registration for the parties failing to qualify for marriage registration; (2) neglecting duties, which results in the loss of marriage registration files; or (3) overcharging the parties when processing the marriage registration or reissuing the marriage or divorce certificate. The charge collected in violation of the provision of Item (3) of the preceding paragraph shall be reimbursed to the parties. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 19. An embassy (consulate) of the People's Republic of China in a foreign country may process the marriage registration for Chinese citizens in accordance with the provisions of the present Regulation, if both parties applying for the marriage registration have their residence in that country. Article 20. The civil administration department of the State Council shall fix the style and supervise the production of marriage certificates prescribed in the present Regulation. Article 21. When going through marriage registration or applying for a new marriage or divorce certificate, the parties shall pay processing fees. The charging rates for paying processing fees shall be prescribed and promulgated by the pricing department of the State Council in conjunction with the financial department of the State Council. Article 22. The present Regulation shall come into force as of October 1, 2003. The Regulations on the Administration of Marriage Registration, which was approved by the State Council on January 12, 1994 and promulgated by the Ministry of Civil Administration, shall be repealed at the same time. |
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