Regulation of Marriage Registration

The “Regulation on Marriage Registration”, approved 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.

Chapter I General Provisions

Article1 The Regulation is enacted to standardize marriage registration, safeguard marital freedom and protect lawful rights and interests of both parties of marriage in accordance with the “Marriage Law of the People’s Republic of China” (hereinafter referred to as “Marriage Law”).

Article2 Civil affairs authorities of county-level people’s governments or township (town)-level people’s governments take charge of Chinese inland residents’ marriage registration. People’s governments at levels of provinces, autonomous regions and municipalities directly under the Central Government may confirm, in the principle of being convenient for people, specific authorities for rural residents’ marriage registration.

The authorities handling registration of marriages between Chinese citizens and foreigners and between Chinese inland residents and residents of Hong Kong Special Administrative Region (hereinafter shortened as Hong Kong residents), residents of Macau Special Administrative Region (hereinafter shortened as Macau residents), residents of Taiwan (hereinafter shortened as Taiwan residents) or overseas Chinese are civil affairs authorities of people’s governments at levels of provinces, autonomous regions and municipalities directly under the Central Government, or authorities designated by the people’s governments at levels of provinces, autonomous regions and municipalities directly under the Central Government.

Article3 The marriage registrar of the marriage registration authority shall undergo training for marriage registration, and can be engaged in the work of marriage registration only after passing the examination.

Apart from the certificate production cost charged the parties concerned according to the charge standard, the marriage registration authority shall not charge other fees or require other obligations for handling marriage registration.

Chapter II Marriage Registration

Article4 Both the man and woman who are inland residents and going to get married shall go and handle the marriage registration at the marriage registration authority with jurisdiction over the place where the permanent household of one of them is registered.

As for Chinese citizens who are going to get married with foreigners in Chinese mainland and Chinese inland residents who are going to get married with Hong Kong residents, Macau residents, Taiwan residents or overseas Chinese in Chinese mainland, both the man and woman shall go and handle the marriage registration at the marriage registration authority with jurisdiction over the place where the permanent household of the Chinese inland resident is registratered.

Article5 The Chinese inland resident applying for marriage registration shall produce the following certificates and proving materials:

(1) his/her household register and ID card;and

(2) signed statement on his/her marriage ability and having no relations of direct relatives or collateral relatives within three generations with the other.

The Hong Kong resident, Macau resident and Taiwan resident applying for marriage registration shall produce the following certificates and proving materials:

(1) his/her valid exit-entry permit and ID card; and

(2) statement on his/her marriageability and having no relations of direct relatives or collateral relatives within three generations with the other notarized by the notary public office located in where he/she is domiciled.

The overseas Chinese applying for marriage registration shall produce the following certificates and proving materials:

(1) his/her valid passport; and

(2) certificate of his/her marriageability and having no relations of direct relatives or collateral relatives within three generations with the other issued by the notary public office or competent authority located in the residence country and certified by the consulate of the People’s Republic of China in the residence country, or certificate of his/her marriage ability and having no relations of direct relatives or collateral relatives within three generations with the other issued by the consulate of the People’s Republic of China in the residence country.

The foreign applying for marriage registration shall produce the following certificates and proving materials:

(1) his/her valid passport or other valid international travel documents;

(2) certificate of his/her marriage ability issued by the notary public office or competent authority of his/her country and certified by the consulate of the People’s Republic of China in his/her country, or certified by the consulate of his/her country in China, or certificate of his/her marriage ability issued by the consulate of his/her country in China.

Article6 The marriage registration authority shall reject the application for marriage registration if the parties applying for marriage registration are under any of the following circumstances:

(1) under the legal age for marriage;

(2) not voluntary for both parties;

(3) one of them or both of them have been married;

(4) they fall into direct relatives or collateral relatives within three generations; or

(5) he/she suffers from the illness that is medically recognized to be not suitable for marriage.

Article7 The marriage registration authority shall examine and verify the certificates and proving materials produced by the parties applying for marriage registration and ask about relevant information. If both parties are qualified for marriage, the marriage registration shall be made on the spot, with the marriage certificates issued. If both parties are not qualified for marriage, the marriage registration shall not be made, with reasons explained to them.

Article8 The regulations on marriage registration in this Regulation are applicable to post-registration of marriage.

Article9 In case of marriage under intimidation, the menaced party applying to the marriage registration authority for marriage cancellation in accordance with the provisions in Article 11 of the “Marriage Law” shall produce the following proving materials:

(1) his/her ID card and marriage certificate; and

(2) materials proving the intimidated marriage.

The marriage registration authority shall cancel the marriage and declare the marriage certificates invalid if it, upon examination and investigation, deems the marriage is indeed intimidated and not involving issues of children bringing-up, property and liability.

Chapter III Divorce Registration

Article10 Both the man and woman who are inland residents and going to get divorced voluntarily shall go and handle the divorce registration at the marriage registration authority with jurisdiction over the place where the permanent household of one of them is registered.

As for Chinese citizens who are going to get divorced voluntarily from foreigners in Chinese mainland and Chinese inland residents who are going to get divorced voluntarily from Hong Kong residents, Macau residents, Taiwan residents or overseas Chinese in Chinese mainland, both the man and woman shall go and handle the divorce registration at the marriage registration authority with jurisdiction over the place where the permanent household of the Chinese inland resident is registered.

Article11 The Chinese inland resident applying for divorce registration shall produce the following certificates and proving materials:

(1) his/her household register and ID card;

(2) his/her marriage certificate; and

(3) divorce agreement signed by both parties.

Apart from the certificates and proving materials specified in Items 2 and 3 of the preceding clause, the Hong Kongresident, Macau resident or Taiwan resident applying for divorce registration shall also produce his/her valid exit-entry permit and ID card while the overseas Chinese or foreigner applying for divorce registration shall also produce his/her valid passport or other valid international travel documents.

The divorce agreement shall record both parties’ intention of voluntary divorce and consensus on issues of children bringing-up and property and liability treatment.

Article12 The marriage registration authority shall reject the application for divorce registration if the parties applying for divorce registration are under any of the following circumstances:

(1) both parties fail to reach a divorce agreement;

(2) he/she is a person without capacity forcivil conduct or with limited capacity for civil conduct; or

(3) the marriage registration is not madein Chinese mainland.

Article13 The marriage registration authority shall examine and verify the certificates and proving materials produced by the parties applying for divorce registration and ask about relevant information. If both parties are indeed going to get divorced voluntarily and have reached a consensus on issues of children bringing-up and property and liability, the divorce registration shall be made on the spot, with the divorce certificates issued.

Article14 If, after divorce, both parties desire to resume their husband-and-wife relationship, they shall handle the registration for resumption of marriage at the marriage registration authority. The regulations on marriage registration in this Regulation are applicable to registration for resumption of marriage.

Chapter IV Marriage Registration Archives and Marriage and Divorce Certificates

Article15 The marriage registration authority shall set up marriage registration archives. The marriage registration archives shall be kept for a long time. Specific management measures shall be specified by the civil affairs department of the State Council together with the state archives management authority.

Article16 The marriage registration authority, after receiving the duplicate copy of the judgment on invalid marriage or marriage cancellation issued by the people’s court, shall file the duplicate copy of the judgment into the marriage registration archives of the parties concerned.

Article17 The party whose marriage certificate or divorce certificate is lost or destroyed may apply, with his/her household register and ID card, for certificate re-issuance to the original marriage registration authority or the marriage registration authority with jurisdiction over the place where the permanent householder of one of themis registered. The marriage registration authority shall check relevant information with his/her marriage registration archives. If the information istrue, the marriage or divorce certificate shall be re-issued to him/her.

Chapter V Penalties

Article18 The director in direct charge and other personnel with direct responsibilities shall be imposed with administrative penalties if the marriage registration authority and its marriage registrar conduct any of the following behaviors:

(1) handling the marriage registration for parties unqualified for marriage registration;

(2) losing the marriage registration archivesdue to negligence of duties; or

(3) overcharging for marriage registrationor re-issuance of marriage or divorce certificate.

The fee charged against the provision of Item 3 in the preceding clause shall be returned to the party concerned.

Chapter VI Supplementary Provisions

Article19 The consulates of the People’s Republic of China in other countries may, according to the relevant regulations in this Regulation, handle the registration for marriage between Chinese citizens both domiciling in the countries concerned.

Article20 The marriage and divorce certificates specified in this Regulation shall be formatted and prepared by the civil affairs department of the State Council.

Article21 The party who handles marriage registration or applies for re-issuance of marriage or divorce certificate shall pay certificate production cost. The charge standard of the certificate production cost shall be regulated and publicized by the price authority of the State Council together with the financial department of theState Council.

Article22 The Regulation shall be put into force as of October 1, 2003. The “Regulations on Control 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 abolished simultaneously.