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Beijing Municipal Implementation Of Some Provisions Of The Regulations On Marriage Registration

Original Language Title: 北京市实施《婚姻登记条例》若干规定

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(Prelease No. 137 of the Beijing People's Government Order of 17 November 2003)

Article 1 establishes this provision in order to implement the Marriage Registration Regulations established by the State Department.
Article 2
The inhabitants of this city are registered with the residents of the city by the localities of a party's permanent household, the District Civil Affairs Bureau of the District, which is registered by the residents of the city with the residents of the overseas province, and by the District and the Territory's Civil Affairs Bureau.
Article 3: The municipal and district, the territorial Civil Affairs Bureau (hereinafter referred to as the marital registration authority) shall be equipped with a dedicated marriage registry based on the needs of the marriage registration process.
The marital registration body shall communicate the basis, conditions, procedures and the model text of the full material to be submitted in connection with the processing of marital registration to the place where the marriage is registered.
In addition to the payment of matrimonial registration certificates to the parties in accordance with the fee criteria, the marriage registration authority shall not be charged with any other cost or additional obligation; no operation or other benefit shall be performed.
Article IV Marriage registration is carried out by trained and graduated personnel by the Ministry of Civil Affairs. Marriage registrationers should be marked.
Article 5 When the parties proceed with the registration of a marriage, the relevant documentation and proof of material should be made available to the marriage registration body in accordance with article 5 of the Marriage Registration Regulations. Statements and certificates of public evidence, certification have been valid within six months of the date of receipt. Documents, proof of material is outside and the parties should submit the text of the Chinese translation.
When the parties proceed with the registration of a marriage, three large-scale two parties should be submitted for the nearest semi-sizen photographs to complete the declaration and sign in accordance with article 5 of the Marriage Registration Regulations. When the parties sign the declaration, a marriage registration officer should be present.
Article 6. The marital registration body shall review the documents, proof of material obtained by the parties to the marriage registration and enquire about the relevant situation. In order to meet the conditions of marriage, the marriage registration authority should be registered at the time of the marriage certificate; the conditions under article 6 of the Marriage Registration Regulations for the parties are not in accordance with the conditions of marriage and shall be registered in writing to the parties.
The marital registration body should inform the parties of the authority of the organ that is not under the jurisdiction of the present marriage registration body, and that the documents, proof of material is incomplete, inconsistent, destroyed or null and void, and that the parties should be informed one-time of all the materials that are required to supplement.
Article 7. Men and women are required to bring their marriage registration or to proceed with marriage registration.
Article 8. In cases of forced marriage, a coerced party shall request the withdrawal of its marriage in accordance with article 11 of the People's Republic of China Marriage Act, and the parties shall submit a written request to the married registration body that has been registered with the marriage and submit the following documents and proofs:
(i) himself's identity card and marriage certificate;
(ii) Removal testimony from public security authorities, judgement made by the People's Court with the content of a forced marriage or other proof that the marriage is coerced.
Article 9. Removal requests for marriage, in one of the following cases, are inadmissible by the marital registration body and should explain to the parties in writing:
(i) The statute of limitations incompatible with article 11 of the People's Republic of China Marriage Act;
(ii) The documents and proof materials provided for in article 8 of this provision cannot be provided.
In the course of the dissolution of marriage, the marriage registration body found that the party's request to withdraw marriage had been accepted by the People's Court and that it should be terminated.
Article 10. The request of the marriage registration body for the annulment of the marriage shall be decided within thirty days of the date of admissibility. The marital registration body has been reviewed to consider that the situation of forced marriage is real and does not involve the question of child support, property and debt, and should make a decision to withdraw the marriage, declare the marriage certificate null and void. The duration of the announcement is less than thirty days.
Article 11. The parties have voluntarily divorced in this city, and both men and women should, in accordance with article 11 of the Marriage Registration Regulations, make the relevant documents, proof of material available to the marriage registration body and submit two photographs for the second half of the candidate. Documents, proof of material is outside and the parties should submit the text of the Chinese translation.
The marital registration body should review the documents, proof of material obtained by the divorce registration party and enquire about the situation. In conformity with article 13 of the Marriage Registration Regulations, the marital registration authority shall be registered at the time and issued a divorce certificate, while the marriage certificate is cancelled.
Article 12. The marriage certificate, the remains of the divorce or the destruction of the marriage certificate may be filed by the parties with the family's books, the identity card to the organ in which the marriage is registered, or the marriage registration body in which the party is a permanent household. The marital registration authority conducts a witness to the marriage registration files of the parties, confirms that it is true that a marriage certificate, a divorce certificate can be added to the parties. The parties should submit legal, effective matrimonial relations or marital status certificates, which cannot be submitted by the parties, and the marriage registration authority does not add the marriage certificate, the divorce certificate.
Article 13. The Marriage Registration Agency and its Marriage Registry are one of the following acts, and administratively disposed of by law by the relevant authorities for the competent and other persons directly responsible:
(i) Registration of marriages for parties that do not meet the conditions of marriage;
(ii) The failure or damage of the marital registration file caused by negligence;
(iii) The collection of fees or other obligations in violation of the fee standards;
(iv) Business or other interests.
The marriage registration authority shall return to the parties if the amount of the fees charged in violation of the provisions of paragraph (iii) above.
Article 14. The Harmonization of Marriage Registration in Beijing, issued by Order No. 4 of the Government of the People of Beijing on 20 March 1996, was also repealed.