• Document Number：Order No. 45 of the Ministry of Civil Affairs
• Area of Law： Marriage,Family Support,Adoption,and Inheritance
• Level of Authority： Departmental Rules
• Date issued：08-08-2012
• Effective Date：10-01-2012
• Issuing Authority： Ministry of Civil Affairs
• Status： Effective

Decree of the Ministry of Civil Affairs

(No. 45)

The Measures for Registering the Marriage between Border Inhabitants of China and Neighboring Countries was adopted at executive meeting of the Ministry of Civil Affairs on March 21, 2012 and was approved by the State Council, were hereby promulgated and shall be effective as of October 1, 2012.

Minister Li Liguo

August 8, 2012

Measures for Registering the Marriage between Border Inhabitants of China and Neighboring Countries
Article 1 In order to regulate the marriage registration of border inhabitants, and protect the legitimate marriage rights and interests of the parties in marriage, these Measures are formulated under the Marriage Law of the People's Republic of China and the Regulation on Marriage Registration.
Article 2 The term “border inhabitants” as mentioned in these Measures refer to local Chinese citizens and foreigners with permanent residence within the county-level administrative areas on both sides of the boundary line of China and a neighboring country. Where China and a neighboring country reach a relevant agreement on the scope of border areas and border inhabitants of both countries, the provisions of the agreement shall be applicable.
Article 3 These Measures apply to the registration of marriage between border inhabitants of China and neighboring countries in the border areas of China.
Article 4 The organs in charge of marriage registration for border inhabitants are the departments of civil affairs under the people's governments at the county level in the border areas.Marriage registration organs of border areas shall, on the principle of being convenient for people, conduct tour registration in the hardly accessible townships (towns).
Article 5 Where the border inhabitants of China and a neighboring country get married in China's border area, both the man and the woman shall be present in person and apply for marriage registration together to the marriage registration organ at the place of permanent residence of the Chinese applicant.
Article 6 A Chinese border inhabitant applying for marriage registration shall present the following certificates and certifications:
(1) His or her residence registration booklet and identification card; and
(2) His or her signed statement that he or she has no spouse, and the other party is not his or her intermediate family member or collateral relative by blood within three generations;A border inhabitant of a neighboring country who applies for marriage registration shall present following certifications:
(1) A valid passport, an international travel document or a border areas exit-entry pass that can prove his or her identification as a boarder inhabitant; and
(2) A certification for proving that he or she has no spouse, as issued by a notarization institution or a competent agency in his or her country, and certified by the Chinese embassy (consulate) stationed in the country or the country's embassy (consulate) stationed in China, or a certification for proving that he or she has no spouse, as issued by the country's embassy (consulate) stationed in China, or by the government in the border area of the neighboring country at the same level as the China's township (town) people's government.
Article 7 Where the parties applying for the marriage registration fall under any of the following circumstances, the marriage registration organ shall refuse the registration:
(1) Either party has not reached China's legal age for marriage;
(2) The marriage is not based on the free will of both parties;
(3) Either party has, or both parties have, already had a spouse;
(4) The parities are intermediate family members or collateral relatives by blood within three generations; or
(5) Either party has suffered from any disease that is held by medical science as unfit for getting married.
Article 8 The marriage registration organs shall examine the certificates and certification documents presented by the applicants for marriage registration, and inquire them about the relevant circumstances. For the applicants qualified for marriage, the registration shall be conducted on the spot, and a marriage certification shall be issued. Where the applicants fail to qualify for marriage, marriage registration organs may not conduct registration, but shall give reasons to the applicants.
Article 9 Where both men and women apply for remedial marriage registration, the provisions of these Measures on the marriage registration shall be applicable.
Article 10 Both parties, who fail to handle the marriage registration at the marriage registration organ but cohabitate in the name of husband and wife, no marital relationship is established.
Article 11 In the case of a marriage made under coercion, the coerced border inhabitant can apply to the marriage registration organ for marriage annulment in accordance with the provisions of Article 11 of the Marriage Law of the People's Republic of China. The coerced party shall present the following certification materials:
(1) His or her identity documents;
(2) His or her marriage certificate;
(3) A written application for marriage annulment; and
(4) Certifications issued by the public security organ or made by the people's court, which can prove that the party got married under coercion.Where the coerced party is a border inhabitant of a neighboring country, his or her identity documents shall include the document which can prove his or her identification as a border inhabitant, such as a valid passport, an international travel document or a border areas exit-entry pass.Where, upon review, the marriage registration organ holds that a forced marriage is established and does not involve child upbringing, property and debt issues, the organ shall annul such a marriage, and declare the marriage certificate to be null and void.
Article 12 Where the border inhabitants of China and a neighboring country voluntarily get divorced, both of them shall be present in person and jointly apply for divorce registration to the marriage registration organ at the place of permanent residence of the Chinese applicant.
Article 13 Both parties applying for divorce registration shall present the following certificates and certification materials:
(1) Their own marriage certificates; and
(2) The divorce agreement signed together by both parties. In addition to the said materials, Chinese border inhabitants applying for divorce registration also need to provide their residence registration booklets and identification cards, while the border inhabitants of neighboring countries also need to provide the documents which can prove their identification, such as their valid passports, international travel documents or border areas exit-entry passes.The divorce agreement shall set forth both parties' willingness to voluntarily get divorced and their consensus on matters such as child upbringing, property and debt settlements.
Article 14 Where the parties applying for divorce registration fall under any of the following circumstances, the marriage registration organs shall not accept the registration application:
(1) Both parties fail to reach a divorce settlement;
(2) Either party has no legal capacity or limited capacity for civil conduct; or
(3) Their marriage registration is not processed in the Chinese mainland.
Article 15 The marriage registration organs shall examine the certificates and certification documents presented by the applicants for divorce registration, and inquire them about relevant circumstances. Where the applicants want to get divorced out of their own free will and have reached a divorce agreement on child upbringing, property, debts and other issues, the registration shall be conducted on the spot, and divorce certificates shall be issued to them.
Article 16 Where a divorced couple desire to resume their husband-wife relationship, they shall register for getting remarried at the marriage registration organ. The registration of getting remarried shall be governed by the provisions of these Measures on marriage registration.
Article 17 Where a marriage certificate or divorce certificate is lost or destroyed, a Chinese border inhabitant, by presenting a residence registration booklet or identification card, and a border inhabitant of a neighboring country, by presenting a valid passport, an international travel document or a border areas entry-exit pass, may apply for a new one to the former marriage registration organ or the marriage registration organ at the place of permanent residence of the Chinese party. The marriage registration organ shall check and verify the marriage registration archives of the parties; where the facts are established, it shall reissue a marriage certificate or divorce certificate to the parties.
Article 18 These Measures shall come into force as of October 1, 2012. The Trial Administrative Measures for Registering the Marriage between Border Inhabitants of China and Neighboring Countries (Order No. 1 of the Ministry of Civil Affairs) as promulgated in 1995 shall be repealed concurrently.