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Provisions for the Registration of Marriagesbetween Chinese Citizens and Foreigners |
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Text: 1. When Chinese citizen and foreigner (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 in China, they shall register their marriages at the marriage registration departments, designated by the provinces, autonomous regions, or municipalities directly under the Central Government. The marriage registration departments shall be located at where the Chinese citizens have their residence registrations. 2. The couples who apply for marriage registrations shall abide by the Marriage Law of the People's Republic of China and the pertinent articles and items of these Provisions. 3. When applying for marriage registrations, the couples shall respectively submit the following certificates: A. For Chinese citizens: (1) certificates of applicants' residence registrations; (2) certificates signed and issued either by the people's governments at the county level or above which are stationed at the localities where they have their residence registrations. The certificates can also be signed and issued by government departments, schools, institutions, or enterprises at the county level or above which are stationed at the localities where they work or receive their education. These certificates shall indicate their names, sexes, dates of birth, nationality, marital statuses (referring to single, divorced, or widowed, and hereafter), occupations, nature of work, names of persons to marry. B. For foreigners: (1) applicants' passports or other documents certifying their identities and citizenships; (2) "Residence Permits for Foreigners" signed and issued by the public security department, or identification certificates issued by foreign affairs department, or entry permits and residence permits for foreigners who come to China for a short stay; (3) marital status certifications issued by the notary offices of applicants' countries and confirmed by both the Ministry of Foreign Affairs (or departments authorized by the Ministry of Foreign Affairs) of the their countries and the Chinese embassies or consulates located in their respective countries; or marital statuses certifications issued by the embassies or consulates of their countries in China. C. For resident foreigners in China: (1) applicants' passports, identification certificates or nationality certificates (substitutes for passports). (Those who have no nationalities may be exempt from presenting their nationality certificates); (2) "Residence Permits for Foreigners" signed and issued by the public security department; (3) certificates signed and issued either by the people's governments at the county level or above which are stationed at the localities where applicants have their residence registrations. The certificates can also be signed and issued by government departments, schools, institutions, or enterprises at the county level or above which are stationed at the localities where they work or receive their education. These certificates shall indicate the their names, sexes, dates of birth, nationality, marital statuses, occupations, nature of work, names of persons to marry. In addition, couples applying for marriage registrations shall also submit the pre-marital health check-up reports signed and issued by hospitals designated by the marriage registration department. 4. The following Chinese citizens shall not be permitted to marry foreigners: (1) army personnel 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 have all the required certificates and accord with these Provisions, shall submit their certificates and photos to the marriage registration department when applying for marriage registrations. The marriage registration department, after examining the applications and confirming through investigation that the applications are conform 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 one month. The marriage registration department shall then issue the marriage certificates to them. The marriage certificates shall attach the photos of the couples, and affix the special seal (made of steel) of marriage registrations of the people's governments at the county level or above which handle the registrations of marriages 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 registrations shall pay for the cost of marriage certificates and registration service charges. 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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