Marriage Registration Ordinance

Marriage Registration Ordinance

Decree of the State Council of the People's Republic of China

No. 387

The Regulation on Marriage Registration, which was adopted at the 16th executive meeting of the State Council on July 30, 2003, is hereby promulgated and shall come into force as of October 1, 2003.

Premier Wen Jiabao

August 8, 2003

Marriage Registration Ordinance

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the the People's Republic of China Marriage Law (hereinafter referred to as the Marriage Law) in order to standardize the work of marriage registration, guarantee the implementation of the marriage system of freedom of marriage, monogamy and equality between men and women, and protect the legitimate rights and interests of the parties to marriage.

Article 2 The civil affairs department of the people's government at the county level or the people's government of the township (town) shall be the organ for the registration of marriages of mainland residents. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may determine the specific organs for the registration of marriages of rural residents in accordance with the principle of convenience for the people.

Chinese citizens and foreigners, mainland residents and Hong Kong Special Administrative Region residents (hereinafter referred to as Hong Kong residents), Macao Special Administrative Region residents (hereinafter referred to as Macao residents), Taiwan residents (hereinafter referred to as Taiwan residents) and overseas Chinese shall handle marriage registration organs as determined by the civil affairs departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the civil affairs departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Article 3 The marriage registrars of the marriage registration office shall receive training in the business of marriage registration and may only engage in the work of marriage registration after passing the examination.

The marriage registration authority shall not charge other fees or attach other obligations to the parties concerned, except for the cost of production according to the charging standards.

Chapter II Marriage Registration

Article 4 When mainland residents get married, both men and women shall jointly go to the marriage registration office where one party's permanent residence is located to register the marriage.

Where a Chinese citizen marries a foreigner in the mainland of China, or a mainland resident marries a Hong Kong resident, a Macao resident, a Taiwan resident or an overseas Chinese in the mainland of China, the man and the woman shall jointly register their marriage at the marriage registration office where the mainland resident's permanent residence is located.

Article 5 Mainland residents who go through marriage registration shall present the following certificates and supporting materials:

(I) his residence booklet and ID card;

A signed statement (II) that I have no spouse and that I have no direct blood relationship with the other party and collateral blood relationship within three generations.

Hong Kong residents, Macao residents and Taiwan residents who have gone through marriage registration shall present the following certificates and supporting materials:

(I) their own valid passes, identity cards;

(II) a statement that I have no spouse and no direct blood relationship with the other party and collateral blood relationship within three generations, notarized by the notary office of the place of residence.

Overseas Chinese who have gone through marriage registration shall present the following certificates and supporting materials:

(I) a valid passport;

A certificate issued by a notary institution or an authority in the country of (II) residence and certified by the the People's Republic of China embassy (consulate) in that country that I have no spouse and no collateral blood relationship within three generations with the other party, or a certificate issued by the the People's Republic of China embassy (consulate) in that country that I have no spouse and no collateral blood relationship within three generations with the other party.

Foreigners who go through marriage registration shall present the following documents and supporting materials:

(I) your valid passport or other valid international travel documents;

A certificate issued by a notary institution or an authority in the country where the (II) is located, certified by the the People's Republic of China embassy (consulate) in the country or the embassy (consulate) in the country, or the country's embassy (consulate) in China Certificate issued by the museum that I have no spouse.

Article 6 If a party who has gone through marriage registration has one of the following circumstances, the marriage registration authority shall not register:

(I) under the legal age of marriage;

(II) is not consensual;

One or both of (III) already have a spouse;

(IV) belonging to lineal blood relatives or collateral blood relatives within three generations;

(V) suffering from a medical condition that does not warrant marriage.

Article 7 The marriage registration authority shall examine the certificates and certification materials issued by the parties to the marriage registration and inquire about the relevant information. If the parties meet the conditions for marriage, they shall be registered on the spot and a marriage certificate shall be issued; if the parties do not meet the conditions for marriage shall not be registered, the reasons shall be explained to the parties.

Article 8 Where a man and a woman make a marriage registration, the provisions of these Regulations on marriage registration shall apply.

Article 9 where a marriage is married under duress, if the coerced party requests the marriage registration authority to cancel his marriage in accordance with the provisions of Article 11 of the Marriage Law, the following supporting materials shall be issued:

(I) your own identity card and marriage certificate;

The (II) can prove that the marriage was coerced.

If, after examination, the marriage registration office considers that the circumstances of the marriage under duress are true and do not involve the upbringing of children, property or debts, it shall revoke the marriage and declare the marriage certificate invalid.

Chapter III Divorce Registration

Article 10 Where mainland residents divorce voluntarily, both men and women shall jointly go to the marriage registration office where one party's permanent residence is located to register for divorce.

Where a Chinese citizen and a foreigner divorce voluntarily in the mainland of China, or a mainland resident and a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese divorce voluntarily in the mainland of China, both men and women shall jointly register for divorce at the marriage registration office where the mainland resident's permanent residence is located.

Article 11 Mainland residents who apply for divorce registration shall present the following certificates and supporting materials:

(I) his residence booklet and ID card;

(II) his own marriage certificate;

(III) the divorce agreement signed by both parties.

Hong Kong residents, Macao residents, Taiwan residents, overseas Chinese and foreigners who apply for divorce registration shall, in addition to the certificates and supporting materials specified in items (II) and (III) of the preceding paragraph, Hong Kong residents, Macao residents and Taiwan residents shall also issue their own valid passes and identity cards, and overseas Chinese and foreigners shall also issue their valid passports or other valid international travel documents.

The divorce agreement shall state the intention of both parties to divorce voluntarily and the consensus opinions on matters such as child support, property and debt handling.

Article 12 The marriage registration authority shall not accept the case if the parties involved in the divorce registration are under any of the following circumstances:

The (I) has not reached a divorce agreement;

The (II) is a person with no or limited capacity for civil conduct;

(III) their marriage was not registered in Mainland China.

Article 13 The marriage registration authority shall examine the certificates and supporting materials issued by the parties to the divorce registration and inquire about the relevant information. If the divorce is indeed voluntary and has reached an agreement on the handling of issues such as child support, property, and debts, it shall be registered on the spot and a divorce certificate shall be issued.

Article 14 If a divorced man and woman voluntarily resume their husband-and-wife relationship, they shall register for remarriage at the marriage registration office. The provisions of these Regulations on marriage registration shall apply to the registration of remarriage.

Chapter IV Marriage Registration Files and Marriage Registration Certificates

Article 15 Marriage registration organs shall establish marriage registration files. Marriage registration files shall be kept for a long time. The specific administrative measures shall be formulated by the civil affairs department of the State Council in conjunction with the national archives management department.

Article 16 After receiving a copy of the judgment of the people's court declaring the marriage invalid or annulling the marriage, the marriage registration office shall include the copy of the judgment in the marriage registration files of the parties.

Article 17 If the marriage certificate or divorce certificate is lost or damaged, the parties may apply for replacement with the household register or identity card to the original marriage registration authority or the marriage registration authority of the place where one party's permanent residence is located. If the marriage registration office verifies the marriage registration files of the parties and confirms that they are true, it shall issue a marriage certificate or divorce certificate to the parties.

Chapter V Penalties

Article 18 Where a marriage registration authority and its marriage registrars commit any of the following acts, the persons directly in charge and other persons directly responsible shall be subject to administrative sanctions in accordance with the law:

(I) to handle marriage registration for the parties who do not meet the conditions for marriage registration;

(II) dereliction of duty causes loss of marriage registration files;

The fees charged by the (III) for the registration of marriage or the replacement of marriage certificates or divorce certificates exceed the fees charged.

The fees collected in violation of the provisions of Item (III) of the preceding paragraph shall be refunded to the party concerned.

Chapter VI Supplementary Provisions

Article 19 the People's Republic of China embassies (consulates) abroad may, in accordance with the relevant provisions of these Regulations, handle marriage registration for Chinese citizens whose men and women both reside in the country of residence.

Article 20 The marriage registration certificate stipulated in these Regulations shall be formulated and supervised by the civil affairs department of the State Council.

Article 21 The parties shall pay a fee for the registration of marriage or the replacement of marriage certificates and divorce certificates. The standards for the cost of production shall be stipulated and announced by the price department of the State Council in conjunction with the financial department of the State Council.

Article 22 These Regulations shall enter into force as of October 1, 2003. The Regulations on the Administration of Marriage Registration approved by the State Council on January 12, 1994 and promulgated by the Ministry of Civil Affairs on February 1, 1994 shall be repealed simultaneously.