1、 To apply for marriage registration, the first requirement is to meet the marriage conditions stipulated in the Marriage Law:
According to the Marriage Law of our country, the conditions for marriage include both positive and negative conditions:
Positive conditions:
1. Marriage must be fully voluntary by both parties, and neither party is allowed to force the other or interfere with any third party.
2. The age for marriage shall not be earlier than 22 years for men and 20 years for women.
Negative conditions:
Marriage is prohibited under any of the following circumstances:
1. Direct blood relatives and collateral blood relatives within three generations;
2. Suffering from a medical condition that is considered inappropriate for marriage.
2、 520 Procedures and Process for Marriage Registration
(1) Submit an application
1. Chinese citizens apply for marriage within the territory of China.
Both parties must personally apply for marriage registration at the marriage registration authority 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;
Those who have been divorced should also hold a divorce certificate. If the parties involved in 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.
2. Chinese citizens apply for marriage in China with foreigners (including foreigners residing in China and temporarily coming to China, Chinese foreigners, foreign nationals residing in China).
Both male and female parties must jointly apply for registration at the marriage registration authority designated by the people's government of the province, autonomous region, or municipality directly under the Central Government where one Chinese citizen's household registration is located. Chinese citizens and foreigners applying for registration must hold the following certificates respectively:
(1) Chinese citizens must possess:
1) My registered residence certificate;
2) A certificate issued by the county-level government where my household registration is located or the county-level or higher government, school, institution, or enterprise where I work, stating my name, gender, date of birth, ethnicity, marital status (unmarried, divorced, widowed), occupation, nature of work, and who I am applying to marry.
(2) Foreigners must hold:
1) My passport or other identification or nationality documents;
2) The Alien Residence Permit issued by the public security organ, or the identity certificate issued by the foreign affairs department, or the entry and residence certificate for temporary visit to China;
3) A marriage status certificate issued by a notary public in the country, authenticated by the Ministry of Foreign Affairs (or authorized agency of the Ministry of Foreign Affairs) and the Chinese embassy or consulate in the country, or a marriage status certificate issued by the Chinese embassy or consulate in China.
(3) Foreign nationals must hold:
1) My passport or identity and nationality documents in lieu of a passport (stateless individuals are exempt from submission);
2) Alien Residence Permit issued by the public security organ;
3) A certificate issued by the county-level government where my household registration is located or the county-level or higher government, school, institution, or enterprise where I work, stating my name, gender, date of birth, ethnicity, marital status (unmarried, divorced, widowed), occupation, nature of work, and who I am applying to marry.
3. All Chinese citizens and foreigners who have complete certificates and meet the requirements of the law can apply to the marriage registration office with certificates and photos of both men and women.
4. The parties applying for marriage registration shall truthfully provide the prescribed relevant documents and certificates to the marriage registration authority, and shall not conceal the true situation.
(2) Marriage condition review
The marriage registration management authority shall review the application of the parties to determine whether the marriage application meets the conditions for marriage. If there are any uncertainties, they shall inquire with the parties and, if necessary, may require them to provide relevant supporting materials, conduct necessary investigations, or designate a project for medical identification.
(3) Registration and processing
1. Register it
The marriage registration authority shall immediately register and issue a marriage certificate to those who meet the conditions for marriage; For those who have been divorced, their divorce certificate should be cancelled. However, Chinese citizens and foreigners should go through the registration procedures and issue marriage certificates within one month after receiving the application for registration. The marriage certificate of foreign-related marriage must be affixed with photos of both parties and stamped with the special seal for marriage registration of the people's government at or above the county level for handling foreign-related marriage registration.
When the parties applying for marriage registration are interfered by their units or others and cannot obtain the required proof, if the marriage registration management authority confirms that they do meet the marriage conditions, they shall be registered.
2. Not registered.
If the applicant falls under any of the following circumstances, the marriage registration 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) Suffering from diseases that are medically considered unsuitable for marriage.
If the marriage registration authority refuses to register the marriage registration application of the parties, the reasons shall be explained in writing. If the parties concerned believe that the marriage registration conditions are met but the marriage registration authority refuses to register, they may apply for reconsideration in accordance with the provisions of the Administrative Reconsideration Law. If they are dissatisfied with the reconsideration, they may file an administrative lawsuit in accordance with the provisions of the Administrative Litigation Law.
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