(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 maybe 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) army men 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 labor 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
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. |