Regulations on Marriage Registration

Order of the State Council No.387

August 8, 2003

These Regulations on Marriage Registration, approved at the 16th executive meeting of the State Council on July 30, 2003, are hereby promulgated with effect as of October 1, 2003.

Wen Jiabao, Premier

Appendix: Regulations on Marriage Registration

Chapter I General Provisions

Article 1 These Regulations on Marriage Registration (hereinafter referred to as "these Regulations") are formulated in accordance with the Marriage Law of the People's Republic of China (hereinafter referred to as the "Marriage Law"), in order to standardize marriage registration, safeguard the implementation of marriage systems of free choice of partners, monogamy and equality between men and women and protect the legitimate rights and interests of both parties to a marriage.

Article 2 Civil affairs authorities of county-level people's governments or township (town)-level people's governments are in charge of Chinese inland residents' marriage registration. People's governments of provinces, autonomous regions and municipalities directly under the Central Government may determine, based on the principle of being convenient for people, specific authorities for rural residents' marriage registration.
Authorities handling registration of marriages between Chinese citizens and foreigners and between Chinese inland residents and residents of the Hong Kong Special Administrative Region (hereinafter referred to as "Hong Kong residents"), residents of the Macau Special Administrative Region (hereinafter referred to as "Macau residents"), residents of Taiwan (hereinafter referred to as "Taiwan residents") or overseas Chinese are civil affairs authorities of people's governments of provinces, autonomous regions and municipalities directly under the Central Government, or authorities determined by people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Article 3 Marriage registrars of marriage registration authorities 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 fee applicable to the parties concerned according to the charge standard, marriage registration authorities shall not charge other fees or require other obligations for handling marriage registration.

Chapter II Marriage Registration

Article 4 Both men and women who are inland residents and about to get married shall handle marriage registration with the marriage registration authority of the place where the permanent household of one of them is registered.
As for Chinese citizens who are to get married to foreigners in the Chinese mainland and Chinese inland residents who are to get married to Hong Kong residents, Macau residents, Taiwan residents or overseas Chinese in the Chinese mainland, both the man and woman shall handle marriage registration with the marriage registration authority of the place where the permanent household of the Chinese inland resident is registered.

Article 5 The Chinese inland resident applying for marriage registration shall produce the following certificates and supporting materials:
1. his/her household register and identity card; and
2. a signed statement confirming no spouse and no relations of direct relatives or collateral relatives within three generations with the other.
A Hong Kong resident, Macau resident and Taiwan resident applying for marriage registration shall produce the following certificates and supporting materials:
1. his/her valid exit-entry permit and identity card; and
2. a signed statement confirming no spouse and no relations of direct relatives or collateral relatives within three generations with the other notarized by the notary public office at his/her domicile.
An overseas Chinese applying for marriage registration shall produce the following certificates and supporting materials:
1. his/her valid passport; and
2. a certificate of having no spouse and no relations of direct relatives or collateral relatives within three generations with the other issued by the notary public office or competent authority of the residence country and certified by the embassy (consulate) of the People's Republic of China in the residence country, or certificate of having no spouse and no relations of direct relatives or collateral relatives within three generations with the other issued by the embassy (consulate) of the People's Republic of China in the residence country.
A foreigner applying for marriage registration shall produce the following certificates and supporting materials:
1. his/her valid passport or other valid international travel documents; and
2. certificate of having no spouse issued by the notary public office or competent authority of his/her country and certified by the embassy (consulate) of the People's Republic of China in his/her country, or certified by the embassy (consulate) of his/her country in China, or certificate of having no spouse issued by the embassy (consulate) of his/her country in China.

Article 6 Marriage registration authorities shall reject an 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. the marriage is not voluntary for both parties;
3. one of them or both of them are married;
4. they are direct relatives or collateral relatives within three generations; or
5. he/she suffers from an illness that is medically recognized to be not suitable for marriage.

Article 7 Marriage registration authorities shall examine and verify the certificates and supporting materials produced by the parties applying for marriage registration and ask about the relevant information. If both parties are qualified for marriage, marriage registration shall be carried out on the spot, with marriage certificates issued. If both parties are not qualified for marriage, marriage registration shall not be carried out, with reasons explained to them.

Article 8 The provisions on marriage registration in these Regulations shall apply to post-registration of marriage by both parties.

Article 9 In the case of marriage under intimidation, the coerced party applying to the marriage registration authority for marriage cancelation in accordance with the provisions in Article 11 of the Marriage Law shall produce the following supporting materials:
1. his/her identity card and marriage certificate; and
2. materials proving the coerced marriage.
Marriage registration authorities shall cancel the marriage and declare the marriage certificates invalid if they, upon examination and investigation, deem the marriage as indeed coerced and not involving issues of child rearing, property and liability.

Chapter III Divorce Registration

Article 10 Both men and women who are inland residents and who intend to get divorced voluntarily shall handle divorce registration with the marriage registration authority of the place where the permanent household of one of them is registered.
As for Chinese citizens who intend to get divorced voluntarily from foreigners in the Chinese mainland and Chinese inland residents who intend to get divorced voluntarily from Hong Kong residents, Macau residents, Taiwan residents or overseas Chinese in the Chinese mainland, both the man and woman shall handle divorce registration with the marriage registration authority of the place where the permanent household of the Chinese inland resident is registered.

Article 11 The Chinese inland resident applying for divorce registration shall produce the following certificates and supporting materials:
1. his/her household registration and identity card;
2. his/her marriage certificate; and
3. divorce agreement signed by both parties.
Apart from the certificates and supporting materials specified in Items 2 and 3 of the preceding paragraph, the Hong Kong resident, Macau resident or Taiwan resident applying for divorce registration shall also produce his/her valid exit-entry permit and identity card while an 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 set out both parties' intention of voluntary divorce and consensus on issues of child rearing and property and liability treatment.

Article 12 Marriage registration authorities shall reject an 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 for civil conduct or with limited capacity for civil conduct; or
3. marriage registration was not carried out in the Chinese mainland.

Article 13 Marriage registration authorities shall examine and verify the certificates and supporting materials produced by the parties applying for divorce registration and ask for relevant information. If both parties indeed intend to get divorced voluntarily and have reached a consensus on issues of child rearing and property and liability, divorce registration shall be carried out on the spot, with the divorce certificates issued.

Article 14 If, after divorce, both parties desire to resume their husband-and-wife relationship, they shall handle the registration of resumption of marriage at the marriage registration authority. The provisions on marriage registration in these Regulations shall apply to registration of resumption of marriage.

Chapter IV Marriage Registration Archives and Marriage and Divorce Certificates

Article 15 Marriage registration authorities shall set up marriage registration archives. The marriage registration archives shall be kept for a long time. Specific administrative measures shall be specified by the civil affairs department under the State Council in concert with the state archives management authority.

Article 16 Marriage registration authorities, after receiving the duplicate copy of the judgment of invalid marriage or marriage cancelation issued by a people's court, shall submit the duplicate copy of the judgment pertaining to the parties concerned to the marriage registration archives.

Article 17 A party whose marriage certificate or divorce certificate is lost or destroyed may apply, with his/her household registration and identity card, for certificate re-issuance to the original marriage registration authority or the marriage registration authority of the place where the permanent householder of one of them is registered. The marriage registration authority shall check the relevant information with his/her marriage registration archives. If the information is true, the marriage or divorce certificate shall be re-issued to him/her.

Chapter V Penalty Provisions

Article 18 The director in direct charge and other personnel directly liable shall be imposed administrative sanctions if the marriage registration authority and its marriage registrar conduct any of the following behaviors:
1. handle marriage registration for parties unqualified for marriage registration;
2. lose marriage registration archives due to negligence of duties; or
3. overcharge for marriage registration or re-issuance of a marriage or divorce certificate.
The fee charged for the provision of Item 3 in the preceding paragraph shall be returned to the party concerned.

Chapter VI Supplementary Provisions

Article 19 The embassies (consulates) of the People's Republic of China in other countries may, in accordance with the relevant provisions of these Regulations, handle registration of marriage between Chinese citizens both domiciled in the countries concerned.

Article 20 The marriage and divorce certificates specified in these Regulations shall be formatted and prepared by the civil affairs department under the State Council.

Article 21 The party who handles marriage registration or applies for re-issuance of a marriage or divorce certificate shall pay for the certificate production cost. The charge standard for the certificate production cost shall be regulated and publicized by the price authority under the State Council in concert with the financial department under the State Council.

Article 22 These Regulations shall come into force as of October 1, 2003. The Administrative Regulations on 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.