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Order of the Ministry of Civil Affairs of the People's Republic of China (No. 1) on Marriage Registration Management
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Order No. 1 of the Ministry of Civil Affairs of the People's Republic of China on the Administration of Marriage Registration
Ministry of Civil Affairs
The civil affairs departments (bureaus) of each province, autonomous region, and municipality directly under the central government, as well as the civil affairs departments (bureaus) of each planned city:
The Marriage Registration Management Regulations were approved by the State Council on January 12, 1994 and are now promulgated and implemented.
Regulations on the Administration of Marriage Registration
CHAPTER I GENERAL PROVISIONS
Article 1: In order to ensure the implementation of the marriage system of freedom of marriage, monogamy, and gender equality, strengthen the management of marriage registration, protect the legitimate rights and interests of marriage parties, and handle illegal marriage behaviors in accordance with the law, this regulation is formulated in accordance with the Marriage Law and relevant laws.
Article 2: Chinese citizens who marry, divorce, or remarry within the territory of China must register in accordance with the provisions of these Regulations.
Marriage registration between Chinese citizens and foreigners, between overseas Chinese and domestic citizens, and between residents of Hong Kong, Macao and Taiwan and mainland residents shall be handled in accordance with relevant regulations.
Article 3: The legitimate rights and interests of the parties who perform marriage registration in accordance with the law shall be protected by law.
Article 4: The civil affairs department of the State Council is responsible for the management of marriage registration nationwide.
The civil affairs departments of the people's governments at or above the county level are responsible for the management of marriage registration within their respective administrative regions.
Chapter 2 Marriage Registration Administration Authority
Article 5: The marriage registration management authority shall be the civil affairs department of the street office or the people's government of a city without districts in urban areas, and the people's government of a township, ethnic township, or town in rural areas.
Article 6: The responsibilities of the marriage registration management authority are as follows:
（1） Handle marriage registration;
（2） Provide proof;
（3） Handle illegal marital behavior in accordance with the law;
（4） Promote marriage laws and advocate civilized marriage customs.
Article 7: The marriage registration management personnel of the marriage registration management authority shall receive professional training from the civil affairs department of the people's government at or above the county level. After passing the examination, they shall be issued a marriage registration administrator certificate.
Chapter 3 Marriage Registration
Article 8: The parties applying for marriage registration shall truthfully provide the relevant documents and certificates stipulated in these Regulations to the marriage registration management authority, and shall not conceal the true situation.
The marriage registration management authority shall not require the parties to provide any other documents or certificates other than those stipulated in this Regulation when handling marriage registration.
Article 9: If the parties get married, both parties must personally apply to the marriage registration and management authority in the place where one party's household registration is located; When applying, the following documents and certificates should be presented:
（1） Household registration certificate;
（2） Resident ID card;
（3） Proof of marital status issued by the employer, village committee, or resident committee.
Those who have been divorced should still hold on.
In places where premarital health check ups are implemented, parties applying for marriage registration must go to designated healthcare institutions for premarital health check ups and submit proof of premarital health check ups to the marriage registration management authority.
Article 10: In places where conditions permit, a pre marital health examination system should be established. The specific geographical scope for implementing premarital health check ups shall be proposed by the civil affairs department and health administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government, and submitted to the local people's government for approval.
Article 11: The marriage registration management authority shall review the marriage application of the parties, and if it meets the conditions for marriage, it shall immediately register and issue a marriage certificate; For those who have been divorced, their divorce certificate should be cancelled. The parties establish their marital relationship from the moment they obtain the marriage certificate.
Article 12: If the parties applying for marriage registration have any of the following circumstances, the marriage registration management authority shall not register:
（1） Those who have not reached the legal age for marriage;
（2） Involuntary;
（3） Those who already have a spouse;
（4） Belonging to direct blood relatives or collateral blood relatives within three generations;
（5） Those who suffer from diseases that are prohibited by law from getting married or have their marriage postponed.
Article 13: If the parties applying for marriage registration are interfered with by their units or others and cannot obtain the necessary certificates, and the marriage registration management authority confirms that they indeed meet the conditions for marriage, they shall be registered.
Article 14: If a party divorces, both parties must personally apply for divorce registration at the marriage registration and management authority in the place where one party's household registration is located; When applying, the following documents and certificates should be presented:
（1） Household registration certificate;
（2） Resident ID card;
（3） A letter of introduction issued by the employer, village committee, or residents' committee;
（4） ;
（5） Marriage certificate.
Article 15: The divorce agreement shall clearly state the parties' intention to divorce, financial assistance for one spouse facing financial difficulties, and the handling of property and debts. The content of the agreement should be conducive to protecting the legitimate rights and interests of women and children.
Article 16: The marriage registration management authority shall review the divorce application of the parties, and within one month from the date of acceptance of the application, if it meets the conditions for divorce, it shall register it, issue a divorce certificate, and cancel the marriage certificate. The parties shall terminate their marital relationship from the date of obtaining the divorce certificate. [page]
Article 17: If one party to a divorce fails to fulfill its obligations under the divorce agreement, the other party may bring a civil lawsuit to the people's court.
Article 18: If a party applying for divorce registration falls under any of the following circumstances, the marriage registration authority shall not accept it:
（1） One party requests divorce;
（2） Both parties request divorce, but no agreement has been reached on matters such as child custody, financial assistance for one spouse's living difficulties, property and debt management;
（3） One or both parties have limited or no capacity for civil conduct;
（4） Those who have not registered for marriage.
Article 19: If the parties to a divorce wish to restore their marital relationship, both parties must personally apply for remarriage registration at the marriage registration authority in the place where one party's household registration is located. The marriage registration management authority may handle the application for remarriage of the parties in accordance with the procedures of marriage registration, and may no longer conduct pre marital health examinations.
Article 20: If the marriage registration management authority refuses to register the marriage registration application of a party, it shall provide a written explanation of the reasons for the refusal.
Chapter 4 Marriage Registration Files and Marriage Relationship Certificates
Article 21: The marriage registration management authority shall establish marriage registration archives. The management measures for marriage registration archives shall be formulated by the civil affairs department of the State Council in accordance with the relevant provisions of the Archives Law.
Article 22: If a party loses or damages their marriage certificate or divorce certificate, they may apply to the original marriage registration management authority for a marriage relationship certificate by presenting a marriage status certificate issued by their employer, village committee, or resident committee.
Article 23: The marriage registration management authority shall review the application of the parties to issue a marriage relationship certificate, and based on the parties' marriage registration files, issue a certificate of marital relationship to the parties who have lost or damaged their marriage certificate, and issue a certificate of termination of marital relationship to the parties who have lost or damaged their divorce certificate.
The certificate of marital relationship and the certificate of termination of marital relationship have the same legal effect as the marriage certificate and divorce certificate.
Chapter 5 Supervision and Management
Article 24: If citizens who have not reached the legal age for marriage cohabit in the name of husband and wife, or if eligible parties cohabit in the name of husband and wife without marriage registration, their marriage relationship is invalid and not protected by law.
Article 25: If a party applying for marriage registration falsifies or obtains marriage registration by deception, the marriage registration management authority shall revoke the marriage registration, declare the marriage relationship invalid and revoke the marriage certificate for the parties who marry or remarry, declare the dissolution of the marriage relationship invalid and revoke the divorce certificate for the parties who divorce, and impose a fine of not more than 200 yuan on the parties.
Article 26: If a party with a spouse commits bigamy and their spouse does not file a complaint, the marriage registration management authority shall report it to the procuratorial organ.
Article 27: If a unit or organization issues false documents or certificates to the parties applying for marriage registration, the marriage registration management authority shall confiscate them and recommend that the unit or organization give criticism, education or administrative sanctions to the directly responsible personnel.
Article 28: If registration is made in violation of the provisions of Article 12 and Article 18 of these Regulations, the marriage registration management authority shall impose administrative sanctions on the marriage registration management personnel or revoke their qualifications as marriage registration administrators; And revoke the marriage registration and revoke the marriage registration certificate for parties who still do not meet the conditions for marriage registration.
Article 29: If a party considers that the marriage registration conditions are met but the marriage registration management authority refuses to register, or if the party is dissatisfied with the punishment, they may apply for reconsideration in accordance with the provisions of the Administrative Reconsideration Regulations; Those who are dissatisfied with the reconsideration decision may file a lawsuit in accordance with the provisions of the Administrative Litigation Law.
CHAPTER VI SUPPLEMENTARY PROVISIONS
Article 30: The marriage registration certificate and marriage relationship certificate stipulated in these Regulations shall be formulated in a unified format by the civil affairs department of the State Council, and printed by the civil affairs departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
Article 31: When the parties receive the marriage registration certificate and marriage relationship certificate, they shall pay the production fee. The standard for construction cost shall be formulated by the civil affairs department of the State Council in conjunction with relevant departments.
Article 32: The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may prescribe appropriate restrictive measures to prevent people below the legal age of marriage from getting married.
Article 33: The people's governments of ethnic autonomous areas may, in accordance with the principles of these Regulations and in combination with the specific situation of local ethnic marriage registration and management, formulate flexible or supplementary provisions.
Article 34: This regulation shall come into effect from the date of its promulgation. The Marriage Registration Measures, approved by the State Council on December 31, 1985 and issued by the Ministry of Civil Affairs on March 15, 1986, were simultaneously abolished.
February 1, 1994 Sichuan Faneng Law Firm is dedicated to serving you.