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(Approved by the State Council on August 17,
1983 and promulgated by the Ministry of Civil Affairs on
August 26, 1983)
1. When Chinese citizens and
foreigners (including foreign residents and those who come
to China for a short visit, Chinese of foreign nationality,
and foreigners who have settled down in China) decide to get
married of their own free will within the boundaries of
China, both the man and the woman concerned shall appear
together at the marriage registration department, designated
by the province, autonomous region, or municipality directly
under the Central Government, and stationed in the locality
where the Chinese citizen has his/her residence registration
and apply for marriage registration.
2. Both
the man and the woman, who apply for marriage registration,
shall abide by the Marriage Law of the People's Republic of
China and the pertinent articles and items of these
Provisions.
3. Chinese citizens and foreigners
who apply for marriage registration shall respectively hold
the following certificates: A. For Chinese citizens:
(1) certificates of the applicant's
residence registration; (2) certificate signed and
issued either by the people's government at the county level
or above which is stationed in the locality where the
applicant has his/her residence registration, or by a
government department, a school, an institution, or an
enterprise at the county level or above, which is the
applicant's place of work; the certificate indicates the
applicant's name, sex, date of birth, nationality, marital
status (single, divorced, bereft of spouse - the same
below), occupation, nature of work, name of the person to
marry. B. For foreigners: (1) the applicant's
passport or other documents certifying his/her identity and
citizenship; (2) "Residence Permit for
Foreigners" signed and issued by the public security
department, or identification certificate issued by foreign
affairs department, or entry permit and residence permit for
foreigners who come to China for a short stay; (3)
marital status certification issued by the notary office of
the applicant's country and confirmed by both the Ministry
of Foreign Affairs (or a department authorized by the
Ministry of Foreign Affairs) of the applicant's country and
the Chinese embassy or consulate in the said foreign
country; or marital status certification issued by the
embassy or consulate of the said foreign country in China. C. For resident foreigners in China: (1) the
applicant's passport, or identification certificate or
nationality certificate used to substitute for passport
(those who have no nationality may be exempted from
presenting their nationality certificates); (2)
"Residence Permit for Foreigners" signed and
issued by the public security department; (3)
certificate signed and issued either by the people's
government at the county level or above, which is stationed
in the locality where the applicant has his/her residence
registration, or by a government department, a school, an
institution, or an enterprise at the county level or above,
which is the applicant's place of work; the certificate
indicates the applicant's name, sex, date of birth, marital
status, occupation, name of the person to marry.In addition,
both the man and the woman applying for marriage
registration shall also present the pre-marital health
check-up report signed and issued by a hospital designated
by the marriage registration department.
4. The following Chinese citizens shall
not be permitted to marry foreigners:
(1)
armymen in active service, diplomatic personnel, public
security personnel, confidential personnel, and other
personnel who are in charge of important confidential work; (2) persons who are receiving reeducation through
labour or serving a sentence.
5. Chinese
citizens and foreigners, who hold all the required
certificates and accord with these Provisions, may present
their certificates and photos to the marriage registration
department and make an application.The marriage registration
department, after examining the application and confirming
through investigation that the application conforms to the
Marriage Law of the People's Republic of China and to these
Provisions, shall give the applicants the permission to
register, and to go through the registration procedures
within 1 month; and then the marriage registration
department shall issue the marriage certificate to them. The
marriage certificate shall be attached with the photos of
both the man and the woman, and be affixed with the special
seal (made of steel) for marriage registration of the
people's government at the county level or above which
handles the registration of marriage between Chinese and
foreign nationals.
6. If a Chinese citizen and
a foreigner request a divorce in China, they shall, in
accordance with the pertinent provisions of "The Civil
Procedure Law of the People's Republic of China (for Trial
Implementation)", file a divorce suit with the
appropriate People's Court. Those who wish to resume
marriage relationship shall go through the same registration
procedures as those for marriage.
7. Chinese
citizens and foreigners who apply for marriage registration
shall pay for the cost of marriage certificates and also pay
a registration service charge. The expenses for
interpretation service shall be borne by the applicants.
8. These Provisions shall go into effect upon
approval by the State Council, and all former pertinent
provisions shall be null and void at the same time.
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