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Regulations On Marriage Registration

Original Language Title: 婚姻登记条例

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  Chapter I General provisions article in order to regulate the marriage registration, guarantees freedom of marriage, a husband and a wife, and the implementation of equality between men and women in the institution of marriage, and protecting the legitimate rights and interests of the parties, in accordance with the People's Republic of China Marriage Act (hereinafter referred to as the marriage law), this Ordinance is enacted.
Second mainland residents to apply for marriage registration office of the County Civil Affairs Department or the township (town) people's Government, provinces, autonomous regions and municipalities for marriage registration of rural residents can be determined in accordance with the principles of convenience of specific organs.
Chinese citizens with foreigners, mainland residents with Hong Kong S.A.R. residents (hereinafter referred to as Hong Kong residents), the Macau S.A.R. residents (hereinafter referred to as Macao residents), Taiwan (hereinafter Taiwan residents) of marriage registration, overseas Chinese are provinces, autonomous regions and municipalities of the Home Department or District Department of the people's Governments of provinces, autonomous regions and municipalities.
Third marriage registration office of the Registrar shall receive training for marriage registration, examination, before engaging in the marriage registration.
The marriage registration office for marriage registration, in addition to the fee payable to a party outside the fee shall not be charged other fees or other obligations.
Chapter II registration article fourth mainland residents are married, both men and women should work together to the place of permanent residence of a party of the marriage registration office for marriage registration.
Married Chinese citizens and foreigners in the Mainland, mainland residents with Hong Kong residents, Macao residents and Taiwan residents and overseas Chinese get married in mainland China, both men and women should work together to mainland residents permanent residence of the marriage registration office for marriage registration.
Fifth marriage registration of mainland residents shall present the following documents and information: (a) my residence booklet, identification cards; (b) himself without a spouse, as well as the other party is not straight, and within three generations of genetic relationship between the signing statement.
Marriage registration in Hong Kong residents, Macao residents, and Taiwan residents should produce the following documents and information: (a) own a valid permit, identity card, (ii) with notarization of residence I no spouse and no direct lineal descendants of the other party and declared within three generations of genetically related.
Handle marriage of overseas should issued following documents and proved material: (a) I of effective passport; (ii) live country notary institutions or right to organ issued of, and by People's Republic of China standing the country makes (led) Museum certification of I no spouse and and other party no straight and three generations within next Department blood relationship of proved, or People's Republic of China standing the country makes (led) Museum issued of I no spouse and and other party no straight and three generations within next Department blood relationship of proved.
Handle marriage of foreigners should issued following documents and proved material: (a) I of effective passport or other effective of international travel documents; (ii) where country notary institutions or right to organ issued of, and by People's Republic of China standing the country makes (led) Museum certification or the country China makes (led) Museum certification of I no spouse of proved, or where country China makes (led) Museum issued of I no spouse of proved.
Sixth of one of the parties to a marriage registration in any of the following circumstances, marriage registration organs shall not be registered: (a) before the legal marriage age; (b) the non-consensual and (iii) of one or both spouses; (d) belong to a blood relative or within three generations of blood (v) suffer from diseases medically considered should not marry. The seventh issued by the parties to a marriage registration organs shall register documents, review evidence and asked the relevant circumstances.
Meet the conditions for marriage of the parties, should be registered on the spot and issued marriage certificates; the party does not meet the conditions of marriage is not registered, shall indicate to the parties the reasons.
Article eighth of both men and women go through marriage, the provisions of this Regulation shall apply to marriage.
The Nineth married due to stress, the coerced party according to marriage law provisions of 11th to the marriage registration organs for annulment of their marriage, shall provide the following information: (a) my ID card, marriage certificate, (ii) to prove that coerced marriage material.
Marriage registration office upon examination thought coercion to marry is true and do not involve child support, property and debt issues should be dissolution of the marriage contract, declare the marriage void.
Divorce registration chapter III article tenth of mainland residents to voluntarily divorce, both men and women should work together to the place of permanent residence of a party of the marriage registration office for registration of divorce.
Voluntary Chinese citizens and foreigners in the Mainland, mainland residents with Hong Kong residents, Macao residents and Taiwan residents and overseas Chinese in mainland China of consensual divorce, both men and women should be common to the marriage registration office of the Mainland residents ' habitual residence registration of divorce.
11th mainland residents for divorce registration shall present the following documents and information: (a) my residence booklet, identification cards; (b) my marriage certificate, (iii) divorce agreement signed by both parties.
Registration of divorce in Hong Kong, and Macao, and Taiwan residents, issued by overseas Chinese and foreigners in addition to the preceding paragraph (b), (c) provision of certificates, certification materials, residents of Hong Kong, Macau residents and Taiwan residents should also own a valid permit issued by, ID, I issued by overseas Chinese and foreigners should also be a valid passport or other valid international travel documents.
Divorce agreement shall set forth the parties ' voluntary expression of intention as well as child support, property and liabilities of dealing with such matters as the consensus opinion.
12th divorce parties were registered by any of the following circumstances, the marriage registration office not to accept: (a) has not reached a divorce agreement, (ii) belongs to the person without civil capacity or a person with limited capacity for civil conduct, (iii) whose marriage is not in the Mainland of China for processing. 13th issued by the parties to a marriage registration organs shall divorce registration documents, review evidence and asked the relevant circumstances.
Parties are consensual divorce, and child custody, property, debt and other issues dealing with opinions, should be registered on the spot and issued divorce certificates. 14th divorce, both parties desire to resume their husband, shall be registered to the marriage registration office for the turn.
Turn register the provisions of this Regulation shall apply to marriage. The fourth chapter of marriage registration archives and 15th marriage registration certificate of marriage registration organs shall establish marriage registration files. Marriage registration records should be kept for a long time.
Specific measures prescribed by the civil affairs departments of the State Council in conjunction with the national archives and records administration.
16th the marriage registration office receives Court annulment or annulment of the judgement copy, shall send a copy of the judgement of income the party of marriage registration files. 17th a marriage certificate, divorce certificate is lost or destroyed, the parties may register of marriage registration, identity cards to the permanent residence of the marriage registration office or a party to apply for a replacement.
The marriage registration office to verify the marriage registration files of the party, confirmed, should be for the parties to issue marriage certificates, divorce certificates.
Fifth chapter penalty is 18th article marriage registration organ and marriage registration Member has following behavior one of of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions: (a) for not meet marriage registration conditions of party handle marriage registration of; (ii) negligence caused marriage registration archives loss of; (three) handle marriage registration or replacement marriage certificate, and divorce card over charges standard charged costs of.
The preceding paragraph (c) of fees charged, shall be refunded to the parties.
The sixth chapter supplementary articles article 19th People's Republic of China embassies (consulates) may, in accordance with the relevant provisions of this Ordinance, for both women and men are Chinese citizens living in the country for marriage registration.
The 20th article of the marriage registration certificate by the Civil Affairs Department under the Ordinance shall be designed and produced. 21st Parties apply for marriage registration or a replacement marriage certificate, divorce certificate shall pay a fee.
Fee charging standards prescribed by the Department in charge of price under the State Council in conjunction with the financial sector and published. 22nd article of the regulations come into force on October 1, 2003. On January 12, 1994, approved by the State Council on February 1, 1994, the Ministry of Civil Affairs issued the Marriage Registration Ordinance be repealed simultaneously.