Chinese | English
Home About Nanchang Tour Investment Life E-Government On-line Service
Position:  Home >> On-line Service >> International Marriage
Opinions of the Ministry of Civil Affairs of the People's Republic of China on the Implementation of Regulation on Marriage Registration

MH [2004] No. 76


The Office of Civil Affairs (Bureau) at the provinces, autonomous regions, municipalities directly under the Central Government, the Bureau of Civil Affairs at the cities under separate state planning and the Bureau of Civil Affairs of the Sinkiang Production and Construction Corp:
   To effectively protect the implementation of Regulation on Marriage Registration, standardize the marriage registration and facilitate the marriage registration of the public, the following suggestions on the problems in the implementation of Regulation on Marriage Registration are put forward after the discussion of the Office of Legislative Affairs of the State Council, the Ministry of Foreign Affairs, the Ministry of Public Security, the PLA General Political Department and other relevant departments:
   1. About the Identification Card
   In case the parties involved into the marriage registration are unable to give the identification cards, the marriage registration administrative office shall allow the marriage registration in accordance with the valid temporary ID card presented by the parties.
   2. About the Residency Paper
   In case the parties involved into the marriage registration are unable to give the residency paper, the marriage registration administrative office shall allow the marriage registration in accordance with the household registration paper with the seals issued by the public security department or the relevant household registration administrative office; in case the parties involved are of the collective household, the marriage registration administrative office shall allow the marriage registration in accordance with the paper where the household information of the parties involved into the marriage registration is recorded or the copy of the residency paper with the seals of competent authorities where the household information of the parties involved into the marriage registration is recorded.
   In case the parties involved into the marriage registration fail to transact the settlement affairs, the marriage registration administrative office in the place where the household registration moves out or the marriage registration administrative office in the place where the other party resides shall allow the marriage registration in accordance with the certificates issued by the public security department or the household registration administrative office.
   3. About the Examination of the Identification Card and the Residency Paper
   In case the name, gender or date of birth in the residency paper of the party involved into the marriage registration is inconsistent with those in the identification card, the marriage registration administrative office shall inform the party to change the relevant items and replace the necessary certificates with the public security department of the place where the residence is registered before the marriage registration.
   In case the marital status stated by the party involved into the marriage registration is inconsistent with that in the identification card, the marriage registration administrative office shall check the marital status of the party primarily in accordance with the written statement of the party involved.
   4. About the Provision of the Photographs of the Party of a Minority Nationality
   To respect the customs and habits of ethnic minorities, the party of the minority nationality can provide the photographs without or with a hat.
   5. About the Marriage Certificate in the Divorce Registration
   In case the parties involved into the divorce registration loses one of their marriage certificate, the marriage registration administrative office shall allow the divorce registration in accordance with another marriage certificate; in case both marriage certificates are lost, the marriage registration administrative office shall allow the divorce registration in accordance with the marriage registration archives or the marriage registration records and other supporting documents. However, under such circumstance, the parties shall make a written statement on the loss of the marriage certificate, which shall be archived by the marriage registration administrative office.
   In case the name, date of birth or ID number on the marriage certificate provided by party involved into the divorce registration is inconsistent with those in the ID card or the residency paper, the party is required to state the reasons for the discrepancy.
   6. About the Re-issuance of Marriage Certificate or Divorce Certificate
   In case the name, age or ID number on the ID card or residency paper provided by the parties involved into the re-issuance of the marriage certificate or the divorce certificate is inconsistent with those in the original marriage registration archives, the parties are required to state the reasons for the discrepancy and the marriage registration administrative office shall be entitled to re-issue the marriage certificate or the divorce certificate in accordance with the identity documents provided by the parties involved.
   In case the parties involved into the marriage registration have not reached the legal age for marriage at the time of the marriage registration and are still below the legal age for marriage at the time of re-issuance, the marriage registration administrative office shall not issue the marriage certificate. In case the parties involved into the marriage registration have not reached the legal age for marriage at the time of the marriage registration but are over the legal age for marriage at the time of re-issuance, the parties are required to give the written statement on the marriage registration and the marriage registration administrative office shall ensure that at the date when the marriage certificate is issued, the parties are over the legal age for marriage.
   7. About the Materials Provided by Overseas Staff, Overseas Chinese or resident from Hong Kong, Macao or Taiwan for Marriage Registration 
  The provision of the certificates for the overseas staff involved into the marriage registration can be dealt with as follows: in case the party could provide the ID card or the residency paper as the identity document, the marriage registration can be dealt with accordance with the regulations of the marriage registration for the Chinese citizens; in case the party could provide the Chinese passports as the identity document, the marriage registration can be dealt with accordance with the regulations of the marriage registration for the overseas Chinese.
   Where the party provides the Chinese passports as the identity document and he is unable to get the marital status certificate issued by the relevant country or the Chinese embassy in the country when the party lives in China more than one year, the marriage registration administrative office shall allow the marriage registration in accordance with the statement of the party on his/her information and the certificate on the marital status issued by two close relatives of the party.
   8. About the Marriage Registration When both Parties are not the mainland residents
In case both parties involved into the marriage registration are foreigners and apply the marriage registration in the Mainland China, when the parties are able to present the corresponding documents and materials regulated in the Regulation on Marriage Registration and the certificates of the countries where the residences of the foreigners are registered proving the effectiveness of marriage registration in foreign countries, the marriage registration office with the authority to handle the marriage registration of foreigners where the foreigners work or live shall allow the marriage registration.
   In case one party is a foreigner and the other party is the resident from Hong Kong, Macao or Taiwan or overseas Chinese, or both parties are the residents from Hong Kong, Macao or Taiwan or overseas Chinese and apply the marriage registration in the Mainland China, when the parties are able to present the corresponding documents and materials regulated in the Regulation on Marriage Registration, the marriage registration office with the authority to handle such marriage registration where the parties work or live shall allow the marriage registration.
   In case one party is a overall person and the other is a foreigner, a resident from Hong Kong, Macao or Taiwan or overseas Chinese, or both are overall persons and apply the marriage registration in the Mainland China, when the parties are able to present the corresponding documents and materials regulated in the Regulation on Marriage Registration, the marriage registration office with the authority to handle such marriage registration where the overall person(s)’s residence is registered shall allow the marriage registration.
   9. About the Marriage Registration of the Military Personnel in Active Service
   The marriage registration for the military personnel in active service shall be implemented in accordance with the Notice of the General Office of the Ministry of Civil Affairs on Issuing the Relevant Contents on the Regulations Concerning the Implementation of Marriage Law of the People's Republic of China in the Military(MBH [2001]No.226).
   The military personnel in active service can apply the marriage registration in the marriage registration administrative office in the place where the army stations or the marriage registration administrative office in the place where the residences of the military personnel were registered before the household moves out, or the marriage registration administrative office in the place where is the permanent residence of one party in inactive service.
   10. About the Marriage Registration of the Inmate
   In case the inmate applies for the marriage registration, the inmate is required to apply for the marriage registration in the marriage registration administrative office and provide the valid identity documents in person; In case the inmate is unable to provide the identity document, the relevant supporting materials given by the prison administration department are required.
   The inmate can apply for the marriage registration at the marriage registration administrative office in the place where is the permanent residence of one party in the marriage registration or the marriage registration administrative office where the prison locates.
                                                              March 29, 2004



From:
 
About Us | Copyright | Service and Privacy | Sitemap
Sponsored by Nanchang Municipal Party Committee of the CPC and Nanchang Municipal Government Prepared by Nanchang Economic Information Center Copyright
2008 All Rights Reserved.
Gan Hong ICP Record Number: 2-4-3-2002065