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| Category | MARRIAGE AND FAMILY | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1994-02-01 | Effective Date | 1994-02-01 |
|
Regulations on Control of Marriage Registration |
|---|
Article 1 These Regulations are formulated in accordance with the
Marriage Law and other relevant laws, with a view to guaranteeing the
implementation of the marriage system based on the freedom of marriage, on
monogamy and on equality between men and women, strengthening the
administration of marriage registration, protecting the legitimate rights and
interests of both parties in marriage and dealing with illegal marriages
according to law.
Article 2 Marriage, divorce and resumption of marriage between Chinese
citizens within the territory of China must be entered into registration
according to the provisions of these Regulations.
The registration of marriage between Chinese citizens and foreigners,
between overseas Chinese and domestic citizens, between residents who come
from Hongkong, Macau and Taiwan and inland citizens shall respectively be
handled according to the relevant provisions.
Article 3 The legitimate rights and interests of parties having gone
through marriage registration according to law shall be protected by law.
Article 4 The civil affairs department under the State Council shall be
responsible for the control of marriage registration throughout the country.
Civil affairs departments under local people's governments at or above the Article 5 Marriage registration authorities refer to urban subdistrict Article 6 The functions of marriage registration authorities are as (1) handling marriage registration; (2) making out marriage relationship certificates; (3) dealing with illegal marriages according to law; and (4) propagating marriage laws and advocating civilized marriage customs. Article 7 Marriage registrars of the marriage registration authorities Article 8 Parties applying for marriage registration shall truthfully In handling marriage registration, marriage registration authorities shall Article 9 Both parties intending to get married must appear in person at (1) certificate of each applicant's residence registration; (2) resident identity cards of each applicant; and (3) marital status certification issued by each applicant's unit, A divorced person shall be required to hold his/her divorce certificate. In places practising pre-marital health check-ups, parties applying for Article 10 A system of pre-marital health check-ups shall be set up in Article 11 Marriage registration authorities shall examine applications Article 12 If either of the parties applying for marriage registration (1) not reaching the legally marriageable age; (2) not based upon willingness; (3) already having a spouse; (4) if the parties are lineal relatives by blood, or collateral relatives (5) suffering from a disease with which a person is prohibited from Article 13 Where parties applying for marriage registration are Article 14 Both parties intending a divorce must appear in person at the (1) certificates of each applicant's resident registration; (2) resident identity cards of each applicant; (3) introduction letters issued by each applicant's unit, villagers (4) the divorce agreement; and (5) the marriage certificate. Article 15 A divorce agreement shall clearly contain matters agreed upon Article 16 The marriage registration authority shall examine the divorce Article 17 If one divorced party fails to perform his/her duty according Article 18 If either of the parties applying for divorce registration (1) if only one party requires a divorce; (2) if both parties require a divorce, but fail to reach an agreement (3) if one party or both parties is or are a person(s) with limited (4) if they didn't go through marriage registration. Article 19 Both divorced parties intending to resume their Article 20 Marriage registration authorities shall explain reasons in Article 21 Marriage registration authorities shall file marriage Article 22 Parties who lose, damage or destroy marriage certificates or Article 23 The marriage registration authority shall examine parties' The certificates of husband-and-wife relationship and the certificates of Article 24 If citizens not reaching the legally marriageable age cohabit Article 25 If parties applying for marriage registration resort to Article 26 If a party has a spouse and commits bigamy, but his/her spouse Article 27 If a unit or an organization issues a false certificate or Article 28 If any marriage registrar grants registration in violation of Article 29 If any party thinks that he conforms to the marriage Article 30 For marriage registration certificates and marriage Article 31 Any party shall pay the costs for taking out the marriage Article 32 People's governments of provinces, autonomous regions and Article 33 People's governments of national autonomous areas may, in Article 34 These Regulations shall come into effect on the date of its
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county level shall be responsible for the control of marriage registration
within their respective administrative divisions.
Chapter II Marriage Registration Authorities
offices or civil affairs departments under people's governments in municipal
districts or in cities not divided into districts, and refer to people's
governments of townships, nationality townships and towns in rural areas.
follows:
shall receive vocational training organized by civil affairs departments under
people's governments at or above the county level. If they pass the
qualification examination, a marriage registrar certificate shall be issued to
them.
Chapter III Registration of Marriage
provide to marriage registration authorities relevant certificates and
documents stipulated in these Regulations and shall not conceal the truth.
not require applicants to provide any certificate and document not stipulated
in these Regulations.
the marriage registration authority in the place where either of the parties
has his/her residence registration and apply for marriage registration. On
application, they shall hold the following certificates and documents:
villagers committee or residents committee.
marriage registration must go to the designated medical care institution for
pre-marital health check-ups and present the pre-marital health check-up
report to the marriage registration authority.
places where the conditions have been fulfilled. Areas to be decided to
practise pre-marital health check-ups shall be proposed by civil affairs
departments and public health departments of people's governments in
provinces, autonomous regions and municipalities directly under the Central
Government and be reported to the people's governments at the same level for
approval.
for marriage registration and shall promptly grant registration and issue
marriage certificates to those applicants who conform to the marriage
conditions. For a divorced person, his/her divorce certificate shall be
revoked. The husband-and-wife relationship shall be established as soon as
they acquire the marriage certificates.
falls under any of the following categories, the marriage registration
authority shall not register their marriage.
by blood up to the third degree of kinship; or
marriage or postponed to be married as stipulated by law.
interfered with by their units or a third party and this enables them not to
obtain the required documents, the marriage registration authority shall grant
registration after confirming that they really conform to the marriage
conditions.
marriage registration authority in the place where either of the parties has
his/her residence registration and apply for divorce registration. On
application, they shall hold the following certificates and documents:
committee or residents committee;
between both parties regarding their intentions of divorce, fostering of
children, economic aid for difficulties in living of the husband or the wife
and disposal of property and debts. The contents of such an agreement shall be
conducive to the protection of legitimate rights and interests of women and
children.
application submitted by the parties and shall, within one month from the date
of accepting the application, register the divorce, issue them a divorce
certificate and revoke their marriage certificates where the parties conform
to the divorce conditions. The husband-and-wife relationship shall be
rescinded as soon as they acquire the divorce certificate.
to the divorce agreement, the other party may bring a civil lawsuit before a
people's court.
falls under any of the following categories, the marriage registration
authority shall not accept the application.
regarding matters such as fostering of children, economic aid for difficulties
in living of the husband or the wife and disposal of property and debts;
capacity for civil conduct or with no capacity for civil conduct; or
husband-and-wife relationship must appear in person at the marriage
registration authority in the place where either of parties has his/her
residence registration and apply for the registration of resumption of
marriage. The marriage registration authority shall handle the application for
resumption of marriage submitted by the parties according to the procedure for
registration of marriage and the parties may omit pre-marital health check-ups.
writing for rejecting applications for marriage registration submitted by
parties.
Chapter IV Marriage Registration Archives and Marriage Relationship
Certificates
registration archives. The measures for control of marriage registration
archives shall be formulated in accordance with the relevant provisions of the
Archives law by the civil affairs department under the State Council.
divorce certificates may, on the strength of the marital status certificates
issued by their units, villagers committees or residence committees, apply to
the marriage registration authority with which they went through their
marriage registration for making out a marriage relationship certificate.
application for making out a marriage relationship certificate and shall,
based upon the parties' marriage registration archives, make out a certificate
of husband-and-wife relationship for the parties who lose, damage or destroy
marriage certificates and a certificate of rescinding husband-and-wife
relationship for the parties who lose, damage or destroy divorce certificates.
rescinding husband-and-wife relationship shall have equal legal effect with
the marriage certificates and the divorce certificates.
Chapter V Supervision and Administration
in the name of the husband and wife, or citizens conforming to the marriage
conditions cohabit in the name of the husband and wife without marriage
registration, their marriage relationship shall be null and void and outside
the protection of law.
deception and obtain marriage registration, the marriage registration
authority shall withdraw the marriage registration and shall declare to the
parties intending to get married or to resume their marriage that their
marriage relationship is null and void, and recall the marriage certificates,
and declare to the parties intending for divorce that the rescission of
marriage relationship is null and void, and recall the divorce certificates.
doesn't accuse him/her, the marriage registration authority shall expose the
case to the procuratorial organ.
document for the parties applying for marriage registration, the marriage
registration authority shall confiscate the certificate or document and
propose to the unit or organization for admonishing and criticizing or giving
disciplinary sanctions to persons directly responsible.
the provisions of Articles 12 and 18 in these Regulations, the marriage
registration authority shall give him disciplinary sanctions or disqualify him
as a marriage registrar. The registration of marriage between parties not yet
conforming to the conditions for marriage registration shall be withdrawn and
the marriage registration certificate revoked.
registration conditions but the marriage registration authority refuses to
grant registration to him, or if any party refuses to accept punishment, he
may apply for reconsideration according to the provisions of the Regulations
on Administrative Reconsideration. If he refuses to accept the reconsideration
decision, he may bring a lawsuit according to the provisions of the
Administrative Procedure Law.
Chapter VI Supplementary Provisions
relationship certificates mentioned in these Regulations, the civil affairs
department under the State Council shall decide their unified forms and civil
affairs departments of people's governments of provinces, autonomous regions
and municipalities directly under the Central Government shall print them.
registration certificate and marriage relationship certificate. The cost
standard shall be set by the civil affairs department under the State Council
in consultation with relevant departments.
municipalities directly under the Central Government may formulate proper
restrictions upon marriages between persons below the legally marriageable age.
accordance with the principles of these Regulations and the actual practices
of the local nationalities with regard to the control of marriage
registration, formulate adaptive or supplementary provisions.
promulgation. The Procedures for Marriage Registration, approved by the State
Council on December 31, 1985 and promulgated by the Ministry of Civil Affairs
on March 15, 1986, shall be invalidated on the same day.
URL: http://www.asianlii.org/cn/legis/cen/laws/rocomr473