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Interim Provisions on Marriage Registration Work 2016
Time:2025-08-28 Views:1607
Norms for marriage registration work
Chapter One General Provisions
Article 1 This regulation is formulated in accordance with the "Marriage Law of the People's Republic of China" and the "Regulations on Marriage Registration" to strengthen the standardized management of marriage registration and safeguard the legitimate rights and interests of the parties to marriage
Article 2 Marriage registration authorities at all levels shall, in accordance with laws, regulations and these norms, conscientiously perform their duties and do a good job in marriage registration.
Chapter Two: Marriage Registration Authority
Article 3 The marriage registration authority is the organ that performs the administrative functions of marriage registration in accordance with the law.
Article 4 The marriage registration authority shall perform the following duties:
(1) Handle marriage registration;
(2) Reissue the marriage registration certificate;
(3) Annulment of a marriage under duress;
(4) Establish and manage marriage registration files;
(V) Publicize marriage laws and regulations and advocate civilized marriage customs.
Article 5 The jurisdiction for marriage registration shall be divided in accordance with administrative regions.
(1) The civil affairs department of the people's government of a county, a city not divided into districts, or a district of a city shall handle the marriage registration between mainland residents whose both or one party has a permanent residence in the administrative region.
Provincial people's governments may, in light of actual circumstances, stipulate that the people's governments of townships (towns) handle marriage registration between mainland residents whose two or one of them has a permanent residence in the same township (town).
(2) The civil affairs department of the provincial people's government or the civil affairs department determined by it shall handle the marriage registration of foreign-related and Hong Kong, Macao and Taiwan residents as well as overseas Chinese whose permanent residence is within its jurisdiction.
The authorities responsible for handling marriage registration for residents in special areas such as economic and technological development zones and high-tech development zones shall be proposed by the civil affairs department of the provincial people's government and reported to the same-level people's government for determination.
(3) For active-duty military personnel, marriage registration shall be handled by the marriage registration authority at the place where the military unit is located, the place of permanent residence before enlistment, or the place of permanent residence of the other party.
Marriage registration authorities shall not handle marriage registration in violation of the above provisions.
Article 6 The civil affairs departments of the people's governments at or above the county level and the people's governments of townships (towns) with the function of handling marriage registration shall set up marriage registration offices in accordance with the requirements of these norms.
The civil affairs department of the provincial people's government shall form a document and make it public when setting up, changing or revoking a marriage registration office. The civil affairs departments of municipal and county (city, district) people's governments and the people's governments of townships (towns) shall form documents when setting up, changing or revosing marriage registration offices, make them public and report them level by level to the civil affairs department of the provincial people's government. The civil affairs department of the provincial people's government shall adjust the relevant authority for the use of the marriage registration information system accordingly.
Article 7 The marriage registration offices set up by the civil affairs departments of the provincial, municipal and county (city, district) people's governments and the people's governments of townships shall be respectively called:
Marriage Registration Office of the Civil Affairs Department of ×× Province (autonomous region, municipality directly under the Central Government), Marriage Registration Office of the Civil Affairs Bureau of ×× City, Marriage Registration Office of the Civil Affairs Bureau of ×× County (City);
Marriage Registration Office, Civil Affairs Bureau of ×× District, ×× City
Marriage Registration Office of ×× Township (Town) People's Government, ×× County (City, District).
Where the civil affairs department of a county, a city not divided into districts or a district of a city sets up multiple marriage registration offices, the name of the place where the marriage registration office is located shall be placed before it.
Article 8 The marriage registration office shall hang a sign of the marriage registration office in a prominent place outside the door. The size of the sign must not be less than 1500mm×300mm or 550mm×450mm.
Article 9 Marriage registration offices shall, in accordance with the requirements of the Ministry of Civil Affairs, use the national marriage registration work logo.
Article 10 The civil affairs departments of the people's governments at or above the county level and the people's governments of townships (towns) with the function of handling marriage registration shall engrave special seals and steel seals for the business of marriage registration. The special seal and steel seal are circular, with a diameter of 35mm.
Work of marriage registration special seal and seal, the central issue of "u", "u" peripheral issue marriage registration office belong to the department (bureau) or name of township (town) people's government, such as: "xx province department of", "* * civil affairs bureau", "* *, * * district civil affairs bureau", "xx county civil affairs bureau," or "* * county township (town) people's government".
Below the "★" is the "Special Seal for Marriage Registration". Where the Civil Affairs Bureau has set up multiple marriage registration offices, the serial numbers of the marriage registration offices shall be published below the "Special Seal for Marriage Registration".
Article 11 A marriage registration office shall have an independent place to handle marriage registration and be equipped with a waiting hall, a marriage registration area, a divorce registration room and an archive room. Marriage registration areas and divorce registration rooms can be merged into a corresponding number of marriage registration rooms.
The place for marriage registration should be spacious, solemn and clean, and have a notice board for marriage registration.
Marriage registration offices shall not be located within institutions or places such as wedding photography, wedding services, and medical care. The above-mentioned service institutions shall not be set up within marriage registration premises.
Article 12 The marriage registration office shall be equipped with the following facilities:
(1) Photocopier;
(2) Fax machine;
(3) Scanner;
(4) Certificates and paper printers;
(V) Computer;
(6) ID card reader.
Article 13 Marriage registration offices may install equipment with audio and video functions and properly keep audio and video materials.
Marriage registration venues shall be equipped with necessary public service facilities, and the parties to marriage registration shall use them reasonably in accordance with the requirements.
Article 14 The marriage registration office shall implement government affairs transparency. The following contents shall be publicly displayed at the marriage registration office:
(1) Jurisdiction and basis of this marriage registration office;
(2) The basic principles of the Marriage Law and the rights and obligations of husband and wife;
(3) Conditions and procedures for marriage registration and divorce registration;
(4) Conditions and Procedures for reissuing a marriage registration certificate;
(V) Provisions on invalid marriages and revocable marriages;
(6) Charging items and Standards;
(7) Duties of marriage registrars and their photos and numbers;
(8) The office hours and service phone numbers of marriage registration offices shall be announced simultaneously if multiple marriage registration offices are set up. If there is a mobile registration, the time and location of the mobile registration shall be announced.
(IX) Supervision Hotline.
Article 15 The marriage registration office shall keep the "Marriage Law of the People's Republic of China", the "Regulations on Marriage Registration" and other relevant documents for the marriage parties to consult free of charge.
Article 16 The marriage registration office shall be open to the public on working days. The office hours shall be announced outside the office premises.
Article 17 The marriage registration office shall conduct real-time online registration through the provincial marriage registration information system and transmit the electronic data of marriage registration to the marriage registration information system of the Ministry of Civil Affairs in real time.
Civil affairs departments at all levels shall create conditions for the informatization construction of marriage registration management within their administrative regions and formulate informatization management systems for marriage registration.
The marriage registration office shall input the marriage registration archives within its jurisdiction that have not been entered into the information system into the marriage registration historical data supplementary entry system.
Article 18 The marriage registration office shall manage the marriage registration archives in accordance with the provisions of the Measures for the Administration of Marriage Registration Archives.
Article 19 The marriage registration office shall formulate management systems for marriage registration seals, certificates, paper archives, electronic archives, etc., and improve systems for business learning, job responsibilities, assessment and rewards and punishments, etc.
Article 20 The marriage registration office shall open an online appointment function for marriage registration and a consultation hotline. The hotline number can be registered at the local 114 inquiry desk.
Marriage registration offices that meet the conditions shall open Internet web pages. The content of the Internet web pages shall include: office hours and office locations. Jurisdiction; Conditions for applying for marriage registration and procedures for handling marriage registration; Conditions for applying for divorce registration and procedures for handling divorce registration; The procedures for applying for a replacement marriage registration certificate and the required supporting documents, as well as the procedures for annulling a marriage, etc.
Article 21 A marriage registration office may establish a marriage and family counseling room, hire marriage and family counselors through government procurement of services or public recruitment of volunteers, and provide marriage and family counseling services on the premise of voluntary participation of the public. Marriage and family counselors should possess one of the following qualifications:
(1) Social worker;
(2) Psychological counselor;
(3) Lawyer;
(4) Other corresponding professional qualifications.
Article 22 A marriage registration office may establish a certificate-issuing hall to issue marriage certificates to parties in need.
Chapter Three Marriage Registrar
Article 23 The marriage registration authority shall be equipped with full-time marriage registration officers. The number and establishment of marriage registration officers can be determined by referring to the "Grading Standards for Marriage Registration Authorities".
Article 24 Marriage registrars shall be evaluated and appointed by the civil affairs department at the corresponding level.
Marriage registration officers shall receive professional training from the civil affairs department of the people's government at or above the level of a prefecture-level city. Only after passing the assessment and obtaining the certificate of qualification for the training and assessment of marriage registration officers can they engage in marriage registration work. Other personnel are not allowed to engage in the work stipulated in Article 25 of these norms.
The certificates of qualification for the training and assessment of marriage registration officers shall be uniformly printed by the civil affairs department of the provincial people's government.
Marriage registration officers shall participate in business training organized by the civil affairs department of the people's government at or above the level of a prefecture-level city at least once every two years and obtain a certificate of qualification for the business training assessment.
The marriage registration office shall promptly report the information on the on-duty or off-duty status of marriage registration officers to the civil affairs department of the provincial people's government level by level. The civil affairs department of the provincial people's government shall adjust the relevant permissions for the use of the marriage registration information system in a timely manner based on the reported information.
Article 25 The main responsibilities of a marriage registrar:
(1) Be responsible for supervising the oath-taking of the parties' statements regarding their marital status;
(2) Examine whether the parties meet the conditions for marriage, divorce, reissuance of marriage registration certificates, or annulment of a marriage under duress;
(3) Handle marriage registration procedures and issue marriage registration certificates;
(4) Establish marriage registration files.
Article 26 Marriage registration officers shall be proficient in relevant laws and regulations, skilled in using the marriage registration information system, enforce the law in a civilized manner and provide enthusiastic services. Marriage registrars should generally have a college degree or above.
Marriage registration officers should wear identification and uniform when on duty.
Chapter Four: Marriage Registration
Article 27 Marriage registration shall be handled in accordance with the procedures of preliminary review - acceptance - examination - registration (issuance of certificates).
Article 28 The conditions for accepting applications for marriage registration are:
(1) The marriage registration office has jurisdiction;
(2) Both the man and the woman who wish to marry shall jointly apply to the marriage registration office.
(3) The male party is at least 22 years old and the female party is at least 20 years old;
(4) Neither party has a spouse (unmarried, divorced, or widowed);
(5) The two parties have no direct blood relationship or collateral blood relationship within three generations.
(6) Both parties voluntarily marry;
(7) The parties shall submit three 2-inch recent half-length, bareheaded photos of both sides.
(8) The parties hold the valid certificates as stipulated in Articles 29 to 35 of these regulations.
Article 29 Mainland residents applying for marriage registration shall submit their valid resident identity cards and household registration books. If they are unable to submit their identity cards for any reason, they may present valid temporary identity cards.
The name, gender, date of birth and citizen identification number on the resident identity card should be consistent with those on the household register. Where there is any inconsistency, the parties concerned shall first go to the relevant department for correction.
The marital status on the household register should be consistent with the declaration of the parties. Where there is inconsistency, the parties concerned shall provide the registration authority with materials such as effective judicial documents from the court that can prove the authenticity of their declaration and medical certificates (inferences) of the death of their spouses as residents. Where there is inconsistency and relevant materials cannot be provided, the party concerned shall first go to the relevant department for correction.
Where the marital status declared by the parties is inconsistent with the records in the marriage registration file, the parties shall provide the registration authority with materials that can prove the authenticity of their declaration, such as effective judicial documents from the court and medical certificates (inferences) of the death of the spouse as a resident.
Article 30 Active-duty military personnel shall submit their resident identity cards, military certificates and military marriage registration certificates issued by the military when applying for marriage registration.
The name, gender, date of birth and citizen identification number on the resident identity card, military certificate and military marriage registration certificate should be consistent. Where there is any inconsistency, the parties concerned shall first go to the relevant department for correction.
Article 31 Hong Kong residents applying for marriage registration shall submit:
(1) Mainland Travel Permit for Hong Kong and Macao Residents or Home Return Permit for Hong Kong and Macao Compatriots;
(2) Hong Kong Resident Identity Card;
(3) A statement notarized by a notary public in Hong Kong, stating that the individual is unmarried and has no direct blood relationship or collateral blood relationship within three generations with the other party.
Article 32 Macao residents applying for marriage registration shall submit:
(1) Mainland Travel Permit for Hong Kong and Macao Residents or Home Return Permit for Hong Kong and Macao Compatriots;
(2) Macao Resident Identity Card;
(3) A statement notarized by a notary public in Macao stating that the individual is unmarried and has no direct blood relationship or collateral blood relationship within three generations with the other party.
Article 33 Taiwan residents applying for marriage registration shall submit:
(1) Mainland Travel Permit for Taiwan Residents or other valid travel documents;
(2) A valid ID card of the applicant residing in Taiwan region;
(3) A statement notarized by a notary public in Taiwan stating that the individual is unmarried and has no direct blood relationship or collateral blood relationship within three generations with the other party.
Article 34 Overseas Chinese shall submit the following when handling marriage registration:
(1) My valid passport;
(2) A certificate issued by a notary office or competent authority of the country of residence and authenticated by the embassy (consulate) of the People's Republic of China in that country, certifying that the individual is unmarried and has no direct blood relationship or collateral blood relationship within three generations with the other party, Or a certificate issued by the embassy (consulate) of the People's Republic of China in that country, certifying that the individual is unmarried and has no direct blood relationship or collateral blood relationship within three generations with the other party.
Certificates issued by countries that have no diplomatic relations with China shall be authenticated by the embassies (consulates) of the third countries that have diplomatic relations with both that country and China in that country and the Chinese embassies (consulates) in the third countries, or by the embassies (consulates) of the third countries in China.
Article 35 Foreigners applying for marriage registration shall submit:
(1) My valid passport or other valid international travel document;
(2) A certificate issued by a notary public or competent authority of the country where the applicant is located, which is authenticated by the embassy (consulate) of the People's Republic of China in that country or by the embassy (consulate) of that country in China, or a certificate issued by the embassy (consulate) of the country where the applicant is located in China.
Certificates issued by countries that have no diplomatic relations with China shall be authenticated by the embassies (consulates) of the third countries that have diplomatic relations with both that country and China in that country and the Chinese embassies (consulates) in the third countries, or by the embassies (consulates) of the third countries in China.
Article 36 When a marriage registrar accepts an application for marriage registration, the following procedures shall be followed:
(1) Inquire about the parties' willingness to marry;
(2) Verify the corresponding certificates and materials as stipulated in Articles 29 to 35 of these specifications;
(3) Both parties who voluntarily marry shall each fill out one "Declaration of Application for Marriage Registration". The signature in the "Declarant" column of the "Application for Marriage Registration Declaration" must be completed and fingerprinted by the declarant in the presence of the witness.
(4) The parties shall restate the content of the declaration on the spot, and the marriage registrar shall act as the supervisor of the oath and sign in the supervisor column.
Article 37 The marriage registrar shall review the certificates, proofs and statements submitted by the parties. If the conditions for marriage are met, the registrar shall fill in the "Marriage Registration Review and Processing Form" and issue the marriage certificate.
Article 38 Filling of the "Marriage Registration Review and Processing Form" :
(1) The filling of items in the "Marriage Registration Review and Processing Form" shall be completed through a computer in accordance with the following provisions:
1. "Applicant's Name" : If the party is a Chinese citizen, it should be filled in Chinese. If the party concerned is a foreigner, fill in the name according to the name on the party's passport.
2. "Date of Birth" : Use Arabic numerals and fill in as "×××× year ×× month ×× day" according to the date of birth on the ID document.
3. "Identity Document Number" : If the party concerned is a resident of the Chinese mainland, fill in the resident identity document number. If the party concerned is a resident of Hong Kong, Macao or Taiwan, fill in the resident identity card number of Hong Kong, Macao or Taiwan, and add the note "(Hong Kong)", "(Macao)" or "(Taiwan)" after the number. If the party concerned is an overseas Chinese, fill in the passport or travel document number. If the party concerned is a foreigner, fill in the passport or travel document number of the party concerned.
If there are characters in front of the ID number, they should be filled in together.
4. "Nationality" : If the party concerned is a resident of the Chinese mainland, Hong Kong, Macao, Taiwan, or overseas Chinese, fill in "China". If the party concerned is a foreigner, fill in according to the nationality on the passport. Stateless person, fill in "stateless".
5. "Provision of Documents" : All documents and certificates provided by the parties concerned should be filled in one by one, and no omissions are allowed.
6. "Review Opinion" : Fill in "Meets the conditions for marriage, registration is approved."
7. "Date of Marriage Registration" : Use Arabic numerals and fill in as: "×××× year ×× month ×× day". The date filled in should be consistent with the registration date on the marriage certificate.
8. The format for filling in the "Marriage Certificate Number" shall be implemented in accordance with the relevant regulations of the Ministry of Civil Affairs. The filling rules are detailed in the attached provisions.
9. The "Marriage Certificate Printing Number" should be filled in with the number printed on the marriage certificate issued to the parties concerned.
10. "Name of the Handling Authority" : Fill in the name of the marriage registration office that handles this marriage registration.
(2) "Registrar's Signature" : The marriage registrar who approved the marriage registration shall sign in person. Personal seals or computer-printed signatures are not allowed.
(3) Paste the photo submitted by the party concerned in the "Photo" section and affix a steel seal across the seam.
Article 39 Filling of the marriage certificate:
(1) The "Marriage Certificate Number", "Name", "Gender", "Date of Birth", "ID Number", "Nationality" and "Registration date" on the marriage certificate should be exactly the same as the corresponding items in the "Marriage Registration Review and Processing Form".
(2) "Marriage Registrar" : The marriage registrar who approves the marriage registration shall sign in person with a black ink pen or signature pen. The signature should be clear and legible. Personal seals or computer-printed signatures are not allowed.
(3) Paste a photo of both parties together in the "Photo" column.
(4) Affix the special steel seal for marriage registration business across the gap between the photo and the marriage certificate.
(V) "Registration Authority" : Affix the special seal for marriage registration work (red seal).
Article 40 After completing the filling of the marriage certificate, the marriage registrar shall carefully check and inspect it. For those who have filled in incorrectly, whose certificates are contaminated or damaged, the certificates should be scrapped and re-filled.
Article 41 The issuance of a marriage certificate shall be conducted in the presence of both parties in accordance with the following steps:
(1) Inquire and verify the names and marriage intentions of both parties involved;
(2) Inform the parties of the legal relationship and the rights and obligations of husband and wife after obtaining the marriage certificate;
(3) Witness the parties themselves personally signing and fingerprinting in the column of "Parties' Signature and Fingerprinting upon Obtaining the Certificate" on the "Marriage Registration Review and Processing Form".
The column for "Parties signing and fingerprinting upon receiving the certificate" must not be left blank and cannot be filled in or fingerprinted by others on their behalf.
(4) Issue marriage certificates to both parties involved in the marriage registration respectively and announce to both parties: The marriage certificate has been obtained and the marital relationship has been established.
(V) Congratulations to the new recruits.
Article 42 Where an application for supplementary marriage registration is made, the parties concerned shall fill in the "Declaration of Application for Supplementary Marriage Registration", and the marriage registration authority shall handle it in accordance with the marriage registration procedures.
Article 43 Where an application for remarriage registration is made, the parties shall fill in the "Declaration of Application for Marriage Registration", and the marriage registration authority shall handle it in accordance with the marriage registration procedures.
Article 44 After completing the marriage registration of each couple, the marriage registrar shall, in accordance with the "Measures for the Administration of Marriage Registration Archives", collect and preserve the materials that should be archived, and there shall be no loss or damage to the original materials.
Article 45 The marriage registration authority shall not accept a case that does not meet the conditions for marriage registration. Where a party requests the issuance of a "Notice of Non-Processing of Marriage Registration", it shall be issued.
Chapter Five: Annulment of Marriage
Article 46 Where a marriage is contracted under duress, the parties to the marriage may request the original authority that handled the marriage registration to revoke the marriage.
Article 47 The annulment of a marriage shall be handled in accordance with the procedures of preliminary review - acceptance - examination - approval - announcement.
Article 48 Conditions for accepting applications for annulment of marriage:
(1) The marriage registration office has jurisdiction;
(2) The party under duress and the other party shall jointly go to the marriage registration authority to sign a statement that both parties have no issues regarding child custody, property or debts.
(3) The date of application is no more than one year from the date of marriage registration or the date when the party who was coerced regains personal freedom.
(4) The parties hold:
1. My ID card and marriage certificate;
2. A written application for the annulment of the marriage;
3. Relevant materials issued by the public security authorities showing that the parties were trafficked or rescued, or a judgment made by the people's court that can prove that the parties were coerced into marriage.
Article 49 Where a marriage meets the conditions for annulment, the marriage registration office shall handle it in accordance with the following procedures:
(1) Verify the certificates and supporting documents as stipulated in Article 48 of these specifications.
(2) The parties shall personally fill out the "Application for Annulment of Marriage" in the presence of the marriage registrar. Both parties shall sign and affix their fingerprints in the "Declarant" column.
(3) The parties shall read out their application forms, and the marriage registrar shall act as the supervisor of the oath and sign in the supervisor column.
Article 50 The marriage registration office shall draft a "Decision on Revoking the marriage between ××× and ×××" and submit it to the civil affairs department to which it belongs or the people's government of the township (town). If the conditions for revocation are met, the marriage registration authority shall approve and issue a revocation decision.
Article 51 The marriage registration office shall serve the "Decision on the Revocation of the Marriage between ××× and ×××" to both parties and make an announcement on the marriage registration bulletin board for 30 days.
Article 52 Where the conditions for revoking a marriage are not met, the marriage registration office shall inform the parties of the reasons for not revoking the marriage and inform them that they may request the people's court to revoke the marriage.
Article 53 Except for a marriage contracted under duress, a marriage registration authority shall not accept a request for the declaration of a marriage invalid or the annulment of a marriage on any ground.
Chapter 6 Divorce Registration
Article 54 Divorce registration shall be handled in accordance with the procedure of preliminary review - acceptance - examination - registration (issuance of certificate).
Article 55 The conditions for accepting an application for divorce registration are:
(1) The marriage registration office has jurisdiction;
(2) Both spouses who wish to divorce shall jointly apply to the marriage registration office.
(3) Both parties have full capacity for civil conduct;
(4) The parties hold a divorce agreement, which states their voluntary intention to divorce and their consensus on matters such as child custody, property and debt handling.
(5) The parties hold a marriage certificate issued by a marriage registration authority in the mainland or a Chinese embassy or consulate abroad;
(6) Each party shall submit two recent half-length, bareheaded, 2-inch single-person photos.
(7) The parties hold valid identity documents as stipulated in Articles 29 to 35 of these regulations.
Article 56 When a marriage registrar accepts an application for divorce registration, the following procedures shall be followed:
(1) Separately inquire about the parties' willingness to divorce and their intentions regarding the content of the divorce agreement, and make a record. After reading the record, the parties sign it.
(2) Verify the certificates and materials as stipulated in Article 55 of these specifications. If a party applying for divorce registration has lost one of their marriage certificates, they shall make a written statement of loss. The marriage registration authority may handle the divorce registration based on the other marriage certificate. Where both marriage certificates of the parties applying for divorce registration are lost, the parties shall make a written statement of the loss of the marriage certificates and provide a copy of the marriage registration file with a special seal for document retrieval. The marriage registration authority may handle the divorce registration based on the above materials provided by the parties.
(3) If both parties voluntarily divorce and reach an agreement on matters such as child custody, property and debt handling, they shall fill out the "Declaration of Application for Divorce Registration".
The signature in the "Declarant" column of the "Application for Divorce Registration Declaration" must be completed and fingerprinted by the declarant in the presence of the witness.
The marriage registrar acts as the witness of the oath and signs in the witness column.
(4) Both husband and wife shall sign the divorce agreement on the spot. The marriage registrar may affix on the divorce agreement: "This copy is consistent with the archived copy. Any alterations are invalid." The rectangular seal of "XXXX Marriage Registration Office XX year XX month XX day". Each of the husband and wife shall have one copy of the agreement, and one copy shall be kept on file at the marriage registration office. Where a party requests the marriage registration authority to make a copy of their divorce agreement due to reasons such as loss, the marriage registration archives shall be reviewed in accordance with the provisions of the "Measures for the Administration of Marriage Registration Archives".
After the divorce registration is completed, if the parties request to replace the divorce agreement or change the content of the divorce agreement, the marriage registration authority will not accept it.
Article 57 The marriage registrar shall review the documents submitted by the parties, the "Declaration of Application for Divorce Registration" and the divorce agreement. If the conditions for divorce are met, the registrar shall fill in the "Divorce Registration Review and Processing Form" and the divorce certificate.
The "Divorce Registration Review and Processing Form" and the divorce certificate shall be filled out respectively in accordance with the provisions of Article 38 and Article 39 of these norms.
Article 58 After completing the filling of the divorce certificate, the marriage registrar shall carefully check and verify it. For those with printing or writing errors, or whose certificates are contaminated or damaged, the certificates should be scrapped and re-filled.
Article 59 The issuance of a divorce certificate shall be carried out in the presence of both parties in accordance with the following steps:
(1) Inquire and verify the names, dates of birth and intentions for divorce of both parties involved;
(2) Witness the parties themselves personally signing and fingerprinting in the column of "Parties' Signature and Fingerprint upon Receiving the Certificate" on the "Divorce Registration Review and Processing Form".
The column for "Parties signing and fingerprinting upon receiving the certificate" must not be left blank and cannot be filled in or fingerprinted by others on their behalf.
(3) Affix a strip-shaped seal on the marriage certificate of the parties, stating "Both parties have divorced, the certificate is invalid." "×× Marriage Registration Office" The marriage certificate after cancellation shall be photocopied and archived, and the original shall be returned to the parties concerned.
(4) Issue the divorce certificate to the divorcing parties.
Article 60 After completing the divorce registration for each couple, the marriage registrar shall, in accordance with the "Measures for the Administration of Marriage Registration Archives", collect and preserve the materials that should be archived, and no loss or damage of the original materials shall occur.
Article 61 The marriage registration authority shall not accept a case that does not meet the conditions for divorce registration. Where a party requests the issuance of a "Notice of Non-Processing of Divorce Registration", it shall be issued.
Chapter Seven: Reissuing the Marriage Registration Certificate
Article 62 Where a party loses or damages a marriage registration certificate, he or she may apply to the original marriage registration authority or the marriage registration authority at the place where one party has a permanent residence for a replacement. In provinces where conditions permit, residents of the province may be allowed to apply to the authorities responsible for marriage registration of mainland residents within their jurisdiction for a replacement marriage registration certificate.
Article 63 When a marriage registration authority issues a replacement marriage certificate or divorce certificate for the parties concerned, it shall follow the procedure of initial review - acceptance - examination - issuance of the certificate.
Article 64 The conditions for accepting applications for reissuing marriage certificates and divorce certificates are:
(1) The marriage registration office has jurisdiction;
(2) The parties have lawfully registered their marriage or divorce and the current status remains unchanged;
(3) The parties hold the identity documents as stipulated in Articles 29 to 35 of these regulations;
(4) The parties concerned shall personally go to the marriage registration office to submit an application and fill out the "Declaration for Reissuing the Marriage Registration Certificate".
If a party is unable to apply for a replacement marriage registration certificate at the marriage registration office for some reason, and there is a file available for reference and the information in the file is consistent with the identity information, they may entrust another person to handle it. When entrusting the handling, the household register, ID card of the party concerned and the power of attorney notarized by the notary office should be submitted. The power of attorney shall specify the names of the parties involved, their ID card numbers, the time of marriage registration and the handling authority, their current marital status, the reasons for the entrustment, as well as the names and ID card numbers of the agents. The entrusted person shall submit his/her own identification document at the same time.
If the marriage registration files of the parties cannot be found, the parties shall provide sufficient evidence to prove the marital relationship. After strict examination by the marriage registration authority, if it is confirmed that the parties have a marital relationship, a replacement marriage certificate may be issued for them.
Article 65 When a marriage registrar accepts an application for replacement of a marriage registration certificate, the following procedures shall be followed:
(1) Verify the corresponding certificates and supporting materials as stipulated in Article 64 of these specifications;
(2) The parties shall fill in the "Declaration for Applying for Replacement of Marriage Registration Certificate". The signature in the "Declarant" column of the "Declaration for Applying for Replacement of Marriage Registration Certificate" must be completed and fingerprinted by the declarant in the presence of the witness.
(3) The marriage registrar shall act as the witness of the oath and sign in the witness column;
(4) For those applying for a replacement marriage certificate, both parties shall submit three 2-inch recent half-length, bareheaded photos of themselves. The parties applying for a replacement divorce certificate shall submit two recent half-length, bareheaded, 2-inch single-person photos.
Article 66 The marriage registrar shall examine the certificates and proofs submitted by the parties. If the conditions for reissuance are met, the registrar shall fill in the "Review and Processing Form for Reissuance of Marriage Registration Certificate" and the marriage registration certificate. The "Review and Processing Form for Reissuing Marriage Registration Certificate" shall be filled out in accordance with the provisions of Article 38 of these norms.
Article 67 When reissuing a marriage registration certificate, the names and dates of birth of the parties shall be inquired and verified. The parties themselves shall be witnessed to sign and affix their fingerprints in the "Signature and Fingerprint of the Parties upon Receipt of the Certificate" column of the "Review and Processing Form for Reissuing a Marriage Registration Certificate", and the marriage registration certificate shall be issued to the parties.
Article 68 Where a change of name is reflected in the form of a former name on the household register of a party, the marriage registration authority may accept it.
Where a party has not reached the legal age of marriage when applying for marriage registration and has obtained marriage registration through illegal means, and still has not reached the legal age of marriage when applying for a replacement, the marriage registration authority shall not issue a replacement marriage certificate. If the parties have reached the legal age of marriage when applying for a replacement, they shall provide a written explanation of the marriage registration situation. The date of the marriage certificate issued by the marriage registration authority for replacement shall be the date when the parties have reached the legal age of marriage.
Article 69 Where the marital status of the parties who have registered their marriage has changed due to divorce or widower at the time of application for a replacement, a replacement marriage certificate shall not be issued. Where a party has registered for divorce and the marital status at the time of application for a replacement has changed due to remarriage, a replacement divorce certificate shall not be issued.
Article 70: Marriage registration authorities shall not accept applications for reissuing marriage certificates or divorce certificates where the conditions for acceptance are not met.
Chapter Eight Supervision and Management
Article 71 The civil affairs departments at all levels shall establish a supervision and inspection system and conduct regular supervision and inspection on the marriage registration offices set up by their own civil affairs departments and the marriage registration authorities at lower levels.
Article 72 Where a marriage registration authority and its marriage registrants commit any of the following acts, the persons directly in charge and other persons directly responsible shall be given administrative sanctions in accordance with the law:
(1) Handling marriage registration for parties who do not meet the conditions for marriage registration;
(2) Violating the prescribed procedures in handling marriage registration, issuing marriage registration certificates, or revoking marriages;
(3) Requiring the parties to submit certificates and materials other than those stipulated in the "Regulations on Marriage Registration" and these norms;
(4) Arbitrarily raising the charging standards or adding charging items;
(5) Causing damage to the marriage registration archives due to dereliction of duty;
(6) Purchasing or using forged marriage certificates;
(7) Using the marriage registration information system in violation of regulations.
Article 73 Where a marriage registrar violates the regulations in handling marriage registration and causes serious consequences to the parties, the marriage registration authority shall bear the liability for compensation to the parties and claim compensation from the personnel handling the case.
Article 74 The user of a marriage registration certificate shall not use a marriage registration certificate not provided by the superior civil affairs department. When civil affairs departments at all levels discover that marriage registration certificates not provided by higher-level civil affairs departments are being used within their administrative regions, they shall confiscate such certificates and hold the relevant responsible persons legally and administratively accountable.
Article 75 When a marriage registration authority discovers any quality issue with a marriage registration certificate, it shall promptly report in writing to the civil affairs department of the provincial people's government or the civil affairs department of The State Council.
Article 76 After a people's court makes a judgment, ruling or mediation related to marriage, if the parties submit the effective judicial document to the marriage registration authority, the marriage registration authority shall file a copy of the judicial document and enter the relevant information into the marriage registration information system.
Marriage registration authorities shall strengthen the sharing of marriage information with the people's courts in their respective regions and improve the marriage information database.
Chapter Nine Supplementary Provisions
Article 77 The declaration or certificate of the absence of a spouse of the parties as stipulated in these regulations shall be valid for six months from the date of issuance.
Article 78 Where the civil affairs department of a county-level or higher people's government handles marriage registration, the format for filling in the "Marriage Certificate number" shall be "Jaaaaaa-bbbb-cccccc" (where "aaaaaa" is a 6-digit administrative division code, "bbbb" is the year name of the current year, and "cccccc" is the serial number of the marriage registration handled in the current year). The first character of the "divorce certificate number" is "L". The first character of the "reissued marriage certificate number" is "BJ". The first character of the "reissued divorce certificate number" is "BL".
Where the civil affairs department of a county-level people's government sets up multiple marriage registration mobile points, the civil affairs department of the county-level people's government shall clarify the rules for the use of business names and stipulate that each registration point shall use a number segment.
When the people's government of a township (town) handles marriage registration, the administrative division code is changed from 6 digits to 9 digits (three digits of the township code are added after the county-level division code), and other filling methods are the same as the above regulations.
For marriage registration authorities established outside the administrative division units for the convenience of the people to handle marriage registration, the administrative division code shall be taken by the civil affairs department of the provincial people's government from the first four digits to the first four digits of the administrative division code of the prefecture-level city to which it belongs, with the fifth and sixth digits as the serial number (starting from 61, they are 62, 63, etc.) Unify the encoding in the form of 99).
Article 79 Where the materials such as the "Certificate of Being Unmarried" submitted by the parties to the marriage registration authority are in a foreign language, they shall be translated into Chinese. If the party concerned fails to submit a Chinese translation, it shall be deemed that the document has not been submitted. Marriage registration authorities may accept translated texts issued by Chinese embassies or consulates in foreign countries or qualified translation agencies.
Article 80 This specification shall come into effect as of February 1, 2016. Sichuan Faneng Law Firm is dedicated to serving you.