Saturday   October  21, 2017
Regulations on Marriage Registration
      source: Lu’an Municipal Foreign Affairs Office

Chapter 1 General
  Article 1 These Regulations are formulated in accordance with the Marriage Law of People’s Republic of China (Hereinafter referred to as Marriage Law ), with a view to standardizing the marriage registration, guaranteeing the implementation of the marriage system based on the freedom of marriage,on monogamy and one quality between men and women, protecting the legitimate rights and interests of both parties in marriage.
  Article 2 The marriage between Chinese citizens within the national boundaries of China shall be registered with the civil affairs departments under people's governments at the county level or township (town) people's government. The people's governments at the provincial level, of the autonomous region or of the municipality directly under the Central Government shall determine the specific organ for the marriage registration of rural residents in accordance with the principle of being convenient for people.
  The marriage between Chinese citizen and foreigner and the marriage between domestic citizen and resident from Hong Kong Special Administrative Region (resident from Hong Kong), Macau Special Administrative Region (resident from Macau), Taiwan Special Administrative Region (resident from Taiwan) and overseas Chinese shall be registered with the people's government at the provincial level, of the autonomous region or of the municipality directly under the Central Government or the organs determined by the people's government at the provincial level, of the autonomous region or of the municipality directly under the Central Government.
  Article 3 The marriage registration personnel at a marriage registration administrative office shall undergo vocational training on marriage registration and shall only undertake the work relevant to the marriage registration after passing examinations.
The marriage registration administrative office shall handle marriage registration and collect the expense fees from the parties involved into the marriage registration, the collection of other fees or the imposing of other obligations is not allowed.
Chapter 2 Marriage Registration
  Article 4 The marriage between Chinese citizens within the national boundaries of China shall be registered in the marriage registration administrative office in the locality where one party of the marriage has residency registration.
  The marriage between Chinese citizen and foreigner and the marriage between domestic citizens and resident from Hong Kong, resident from Macau, resident from Taiwan and overseas Chinese within the national boundaries of China shall be registered with the marriage registration administrative office in the locality where the Chinese citizen of the marriage has residency registration.
  Article 5 The Chinese citizen to a marriage registration shall produce the following documents and proofs: 
  (1) Residency paper and identification card of the Chinese citizen;
  (2) The statement with signatures of the Chinese citizen involved into the marriage registration who has no spouse and another applicant who is not lineal relatives by blood, or collateral relatives by blood up to third degree of kinship;.
  The resident from Hong Kong, resident from Macau and resident from Taiwan to a marriage registration shall produce the following documents and proofs:
  (1) Valid permit and identification card of the resident;
  (2) The statement notarized by the notary office in the country of residence for the applicant who has no spouse and another applicant who is not lineal relatives by blood, or collateral relatives by blood up to third degree of kinship.
  The overseas Chinese to a marriage registration shall produce the following documents and proofs:
  (1) Valid passport
  (2) The declaration provided by the notary office in the country of residence or the authoritative agency authenticated by the Chinese embassy or consulate for the applicant who has no spouse and another applicant who is not lineal relatives by blood, or collateral relatives by blood up to third degree of kinship; or certification provided by the Chinese embassy or consulate for the applicant who has no spouse and another applicant who is not lineal relatives by blood, or collateral relatives by blood up to third degree of kinship;
  The foreigner to a marriage registration shall produce the following documents and proofs:
  (1) Valid passport or other valid international travel documents
  (2) The certificate provided by the notary office in his (her) country or the authoritative agency authenticated by the Chinese embassy or consulate for the applicant who has no spouse; or the certificate provided by Chinese embassy or consulate for the applicant who has no spouse.
  Article 6 The marriage registration administrative office shall reject the application for marriage registration if any of the following situations apply:
  (1) Where one or both parties have not reached the legal age for marriage;
  (2) The marriage is not based on the willingness of the parties;
  (3) One or both parties are already married;
  (4) Where the man and woman are lineal or collateral relatives by blood (up to the third degree of relationship);
  (5) Where one party is suffering from disease(s) that by law would not allow them to marry or require a delay to marriage.
  Article 7 The marriage registration administrative office shall inspect the documents or proofs issued by the parties to the marriage registration and inquire the relevant information. In case the parties meet the requirements for marriage with an investigation, the marriage registration administrative office shall accept the registration and issue the marriage certificates; in case the parties are unable to meet the requirements for marriage with an investigation, no registration is allowed and the relevant reasons shall be explained to the parties involved.
  Article 8 The contents of Regulation on Marriage Registration are also applicable to the parties who need to make up the marriage registration. 
  Article 9 In the case of intimidated marriage, the intimidated party may apply to the marriage registration authority for canceling the aforesaid marriage in accordance with the regulation of article 11 of Marriage Law of the People's Republic of China. Under such circumstances, the intimidated party is required to provide the following proofs:
  (1) Identification card and marriage certificate
  (2) The proof that can certify it is a intimidated marriage.
  In case the marriage registration administrative office after the inspection finds the intimidated marriage is true and no issues concerning the upbringing of children, properties and debts, the marriage shall be cancelled and the declaration on the invalidity of the marriage certificate shall be made.
Chapter 3 Divorce Registration
  Article 10 Divorce shall be allowed if both the Chinese citizens are willing to divorce. Both parties shall apply to the marriage registration administrative office in the locality where one party of the marriage has residency registration.
  In case the Chinese citizen and foreigner are willing to divorce within the national boundaries of China or the Chinese citizen and the resident from Hong Kong, resident from Macau, resident from Taiwan and overseas Chinese are willing to divorce within the national boundaries of China, both parties shall apply to the marriage registration administrative office in the locality where one party of the marriage has residency registration.
  The Chinese citizens to a divorce registration shall produce the following documents and proofs:
  (1) Residency papers and identification cards
  (2) Marriage certificates
  (3)Divorce agreement with the signatures of both parties
  For the foreigner, resident from Hong Kong, resident from Macau, resident from Taiwan and overseas Chinese involved to the divorce registration, the valid permit, the identification cards and needed, of which, the overseas Chinese or the foreigner is required to providing the valid passport or other valid international travel documents.
  The divorce agreement shall specify that the both parties are willing to divorce and the decisions of consensus on childcare, property and debt handling, etc.
  Article 12 The marriage registration administrative office shall not accept the application for divorce if any of the following situations apply:
  (1) No divorce agreement has been reached;
  (2) One or both parties have only limited or lost civil capacity; or
  (3) The marriage registration is not made within the People’s Republic of China.
  Article 13 The marriage registration administrative office shall inspect the documents or proofs issued by the parties to the divorce registration and inquire the relevant information. In case the parties are willing to divorce and the decisions with consensus on childcare, property and debt handling and others concern are made, the marriage registration administrative office shall accept the registration and issue the divorce certificates.
  Article 14 If, after divorce, both parties desire to resume their husband-and-wife relationship, they shall go through the registration procedures at the marriage registration administrative office. The contents of Regulation on Marriage Registration are also applicable to the restoration of a marriage.
Chapter 4 Marriage Registration Archives and Certificates of Marriage Relationship
  Article 15 The marriage registration administrative office shall set up an archive of marriage registrations. The archive of marriage registrations shall be kept as long as possible and the procedures for the administration of the marriage registration archives shall be complied with the requirements of the State Council Civil Affairs Department and the State Archival Administration Department. 
  Article 16 The marriage registration administrative office, after the receipt of the copy of the judgment of the People's Court on the nullity of a marriage or the cancellation of a marriage, shall include the copy of the judgment into the marriage registration archives. 
  Article 17 Where the parties lost or damaged the marriage or divorce certificate, they may hold the residency papers and identification cards for applying the re-issuance of the marriage or divorce certificate to the original marriage registration administrative office where the marriage or divorce certificate were issued or the marriage registration administrative office in the locality where one party of the marriage has residency registration. The marriage registration administrative office shall check the marriage registration archives of the parties, and re-issue the marriage or divorce certificate if the information is proven true.
Chapter 5 Penalty Provisions
  Article 18 In case the marriage registration administrative office or the marriage registration personnel at the marriage registration administrative office has any of the following acts, the direction directly in charge of the marriage registration administrative office or the marriage registration personnel at the marriage registration administrative office and other directly responsible person shall be subject to the administrative sanctions:
  (1) Allow the marriage registration when the parties are unable to meet the requirements of marriage registration;
  (2) Loses the marriage registration archives due to the negligence;
  (3) Collects more fees in course of handling the marriage registration, re-issuing the marriage certificate or divorce certificate.
  The extra fees in the (3) of Article 18 shall be returned to the parties concerned.
Chapter 6 Supplementary Provisions
  Article 19 The Chinese embassy or consulate shall be entitled, in accordance with the regulations hereof, to handle the marriage registration of Chinese citizens, both of whom reside in the country where the Chinese embassy or consulate locates.
  Article 20 The State Council Civil Affairs Department shall draw up and monitor the printing of the marriage registration certificate in a unified form.
  Article 21 To receive their marriage registration and get the marriage certificates and divorce certificates, the parties concerned shall pay a production fee, the amount of which shall be set and released by the State Council Civil Affairs Department in coordination with financial department under the State Council.
  Article 22 This Law shall become effective as of October 1, 2003. And the Regulations on Control of Marriage Registration approved by the State Council on January 12, 1994 and promulgated by the Civil Affairs Ministry on February 1, 1994 shall be abolished simultaneously.