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Interim Procedures of Shanghai Municipality on the Administration of Marriage With A Foreign National
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| (Promulgated by the Shanghai Municipal People' s Government on December 28, 1994; Revised in accordance with the Decision of the Shanghai
Municipal People' s Government on the Revision of Interim Procedures of Shanghai Municipality on the Administration of MWFN made
on October 29, 1999) Chapter I General Provisions Article 1 Purpose and Basis In order to strengthen the administration of marriages of Chinese with foreign nationals and protect the legitimate rights and interests of the parties to the marriage, these Procedures are formulated in accordance with the Marriage Law of the People' s Republic of China, the Provisions on Registration of Marriage of Shanghai Resident with a Foreign National, an Overseas Chinese, or a Resident of the Special Administrative Region of Hong Kong, the Region of Macao, or the Region of Taiwan, and the Administration of Consultancy on Such Marriages and relevant provisions of the State. Article 2 Application These Procedures shall apply to the administration of marriages of residents of this Municipality to a Foreign National, an Overseas Chinese, or a Resident of the Special Administrative Region of Hong Kong, the Region of Macao, or the Region of Taiwan and consulting activities connected with such marriage within the administrative areas of this Municipality. Article 3 Protection of the Legitimate Rights and Interests of the Parties to the Marriage The legitimate rights and interests of parties who have completed marriage registration in accordance with the law shall be protected by law. Article 4 Prohibited Acts No unit shall be allowed to engage, either openly or in disguise, in matchmaking activities with foreign nationals. No individual person shall be allowed to engage, either openly or in disguise, in matchmaking activities with foreign nationals by deceptive means or with the objective of seeking profits. No unit or individual person shall be allowed to engage in activities connected with mercenary marriage with a foreign national or any other illegal marriage with a foreign national. Article 5 Competent and Coordinating Departments The Civil Affairs Bureau of Shanghai Municipality (hereinafter referred to as the Municipal Civil Affairs Bureau) is the competent department responsible for administration of marriages with foreign nationals. Relevant departments of foreign affairs, overseas Chinese affairs, Taiwan affairs, public security and judicial administration shall, in accordance with their respective duties, do a good job in administration of marriage with a foreign national (hereinafter referred to as MWFN). Chapter II Consultancy on Marriage With A Foreign National Article 6 Nature of Consultancy MWFN consultancies in this Municipality are non-profit-seeking units that provide consulting service on MWFN. Article 7 Licensing System The establishment of MWFN consultancies in this Municipality is subject to the licensing system. No MWFN consultancies shall be established without first obtaining a license. Article 8 Application Conditions for Establishment of Consultancy An applicant for the establishment of a MWFN consultancy shall satisfy the following conditions: 1. Being established by the Municipal Women' s Federation, the Municipal Federation of Trade Unions or the Municipal Youth League Committee in the name of a mass organization; 2. Having formulated articles of association; 3. Having fixed working premises; 4. Having necessary self-raised funds and practicing independent accounting; and 5. Having executives and consultants qualified to provide consulting services on MWFN. Article 9 Procedures for Examination and Approval of Application To establish a MWFN consultancy, the applicant shall file an application with the Municipal Civil Affairs Bureau, and submit relevant written materials. The Municipal Civil Affairs Bureau shall, upon receipt of the application, make a decision on it within one month. In the case of a qualified applicant, a License for MWFN Consultancy shall be granted and a report shall be filed with the Ministry of Civil Affairs for the record. If , upon examination, the applicant is found to be unqualified, it shall be given a written reply. The License for MWFN Consultancy shall be valid for one year. Article 10 Consultant Qualifications Personnel to engage in MWFN consulting services shall undergo training and shall pass examinations by the Municipal Civil Affairs Bureau, and obtain a Certificate for MWFN Consultant. A MWFN consultancy shall not be allowed to employ anyone who has not obtained a Certificate for MWFN Consultants to engage in MWFN consulting services. Article 11 Scope of Business The business scope of a MWFN consultancy shall be proposed by the Municipal Civil Affairs Bureau, and be submitted to the Municipal People' s Government for approval before implementation. Article 12 Requirements for MWFN Consultancy Mass organizations listed under Item 1 of Article 9 shall not start any joint MWFN consultancy with other units. A MWFN consultancy shall not be allowed to set up any branches. MWFN consultancies shall provide true-to-fact consulting services on MWFN. MWFN consultancies shall not invite or receive any foreign organizations or groups to engage in activities aimed at matchmaking or matchmaking in a disguised form. MWFN consultancies shall not engage in any activities that are harmful to national interests, public morality or the legitimate rights and interests of the parties concerned. Article 13 Consulting Service Fees A person receiving consulting services on MWFN shall pay service fees to the MWFN consultancy according to stipulations. The rate of charge shall be proposed by the Municipal Civil Affairs Bureau and be checked and ratified by the municipal finance and price control departments. No person engaged in MWFN consulting services shall accept money or goods from their clients in addition to service fees. Article 14 Review and Renewal of License MWFN consultancies shall come to the Municipal Civil Affairs Bureau to go through the formalities of renewal of License for MWFN Consultancy one month before its expiration. No consultancy shall be allowed to continue MWFN consulting services without a valid license. Chapter III Marriage Article 15 Application for Marriage Registration Interested parties who want to get married in this Municipality shall both go in person to the Municipal Civil Affairs Bureau to attend to the application formalities for marriage registration and fill out a Marriage Registration Application Form. The parties concerned shall not resort to deception to get the Marriage Certificate. Article 16 Papers to Be Presented on Application Applicants for marriage registration shall present necessary certificates and testimonials in accordance with the Provisions on Registration of Marriage Between a Chinese Citizen and a Foreign National, the Provisions on Registration of Marriage Between an Overseas Chinese and an Inland Citizen or Between a Compatriot in Hong Kong or Macao and an Inland Citizen or the Interim Procedures on the Administration of Registration of Marriage Between a Mainland Resident and a Taiwan Resident. Testimonials to marital status presented by a foreign national (aliens in China excluded) applying for marriage registration must be issued by a notary public in his/her country and attested by the Ministry of Foreign Affairs or an agency authorized by the Ministry of Foreign Affairs of that country and the Chinese embassy or consulate in that country. In the case of a foreign national who has resided in China for 6 consecutive months or more, or who holds a Residence Certificate for Foreign Nationals, testimonials to marital status issued by the embassy or consulate of his/her country in China will suffice and no attestation is needed. Article 17 Premarital Physical Examination Applicants applying for marriage registration shall go to medical and health institutions that operate with specific permission of the municipal public health administrative departments, to conduct premarital physical examinations and submit the certificates of premarital medical examination to the Municipal Civil Affairs Bureau. Article 18 Examination of Application The Municipal Civil Affairs Bureau shall, within 1 month upon receipt of marriage registration application, conduct an examination and issue notice to qualified applicants to get the Marriage Certificate. Article 19 Getting the Certificate Both parties applying for marriage registration shall, within 3 months upon receiving notice to get the marriage certificate, go in person to the Municipal Civil Affairs Bureau to get the Marriage Certificate and shall not entrust one party or others to get the certificate on their behalf. Applicants who fail to go and get the certificate within the prescribed time limit shall go through the formalities of applying for marriage registration anew. An extension of the time limit for getting the certificate necessitated by particular circumstances shall be subject to the consent of the Municipal Civil Affairs Bureau, but the extension must not exceed 3 months. Upon receipt of the Marriage Certificate, the conjugal relation between the applicants for marriage registration is established. A divorcee who gets remarried shall hand over his/her divorce certificate to the Municipal Civil Affairs Bureau for cancellation at the same time he/she receives the Marriage Certificate. Article 20 Withdrawal of Application In case applicants for marriage registration, before receiving their Marriage Certificate, want to withdraw their application, both parties shall go in person to the Municipal Civil Affairs Bureau to go through the formalities of withdrawing marriage registration application. Article 21 Circumstances Justifying Refusal of Marriage Registration In any one of the following circumstances, the Municipal Civil Affairs Bureau shall refuse to grant marriage registration and shall explain in writing the reasons to the parties concerned: 1. The applicants have not reached the legal age for marriage; 2. The applicants are not applying of their own free will; 3. The applicants or one of them have a spouse; 4. The applicants are lineal relatives by blood or collateral relatives by blood within three generations; 5. The applicants or one of them have diseases for which marriage is prohibited by law; or 6. Other circumstances wherein marriage is prohibited by laws, rules or regulations. Article 22 Circumstances Deferring Marriage Registration In any one of the following circumstances, the Municipal Civil Affairs Bureau shall defer marriage registration, and shall explain in writing the reasons to the parties concerned: 1. The applicants or one of them have diseases for which marriage shall be deferred from the medical point of view; or 2. It is less than 6 months since the applicants went through the formalities of withdrawing marriage registration application. Article 23 Registration of Restoration of Marriage The parties to a divorce requesting to restore their conjugal relation shall go about it by following the procedures of marriage registration. To those whose request for registration of restoration of marriage is granted, the Municipal Civil Affairs Bureau shall issue a Certificate of Marriage and cancel their divorce certificates. Chapter IV Divorce Article 24 Application for Divorce Registration and Divorce Proceedings Request for divorce by interested parties in this Municipality shall follow the following provisions: 1. In the case of divorce by agreement between a resident of this Municipality and an overseas Chinese or a resident of Hong Kong Special Administrative Region, the Region of Macao, or the Region of Taiwan, or between overseas Chinese, residents of Hong Kong Special Administrative Region, the Region of Macao, or the Region of Taiwan who got married in this Municipality, the parties concerned shall both go in person to the Municipal Civil Affairs Bureau to attend to the application formalities for divorce registration and fill out an Divorce Registration Application Form and an Agreement of Voluntary Divorce. In the case of divorce requested by one party or in the case of divorce requested by both parties of their own free will but for which no agreement is reached, divorce proceedings shall be filed with a people' s court in accordance with the law; 2. In the case of divorce between a resident of this Municipality and a foreign national, divorce proceedings shall be filed with a people' s court in accordance with the law. The parties concerned shall not resort to deception to get the Divorce Certificate. Article 25 Papers to Be Presented on Application Applicants for divorce registration shall present their identification cards and the original copy of their Marriage Certificate. Article 26 Examination of Application The Municipal Civil Affairs Bureau shall, within 1 month upon receipt of divorce registration application, conduct an examination and issue notice to applicants who meet divorce requirements to get the Divorce Certificate. Article 27 Getting the Certificate Both parties to the application for divorce registration shall, within 1 month upon receiving notice to get the divorcee certificate, go in person to the Municipal Civil Affairs Bureau to get the Divorce Certificate and shall not entrust one party or others to get the certificate on their behalf. Applicants who fail to go and get the certificate within the prescribed time limit shall go through the formalities of applying for divorce registration anew. An extension of the time limit for getting the certificate necessitated by particular circumstances shall be subject to the consent of the Municipal Civil Affairs Bureau, but the extension shall not exceed 3 months. Upon receipt of the Divorce Certificate, the conjugal relation between the applicants for divorce registration is dissolved. The divorced couple shall hand over their Marriage Certificate to the Municipal Civil Affairs Bureau for cancellation at the same time they receive the Divorce Certificate. Article 28 Circumstances Justifying Refusal of Divorcee Registration In any one of the following circumstances, the Municipal Civil Affairs Bureau shall refuse to grant divorce registration to the applicants, and shall explain in writing the reasons to the parties concerned: 1. Request for divorce is made by one party; 2. Request for divorce is made by both parties, but no agreement has been reached on the bringing up of their children, the financial aid to the party who has difficulty making a living, the disposal of property, and the repayment of debts, etc. 3. One or both parties are capable of limited civil acts or incapable of civil acts; or 4. Their marriage is not registered. Chapter V Testimonials to Marriage Relationship Article 29 Application for Testimonials In case the Marriage Certificate or Divorce Certificate is lost, damaged or destroyed, the parties concerned may apply to the original marriage registration department for issuance of testimonials to marital relationships. Article 30 Application by Proxy for Testimonials In case an applicant for issuance of testimonials to marital relationships can not come to this Municipality in person, he/she may authorize an attorney. The attorney shall perform the duties as authorized in accordance with relevant provisions of these Procedures and submit the following certificates and documents: 1. Documents proving his/her identity; 2. Power of attorney certified by a notary public; and 3. Duplicated copy of the identification card of the mandator. Article 31 Procedures for Examining the Issuance of Testimonials In case a person applies for issuance of testimonials to his/her marital relationship, the marriage registration department responsible for his/her marriage registration shall examine the application and consult the marriage registration files of the party concerned. To those who satisfy the conditions for issuance of the testimonials, the said department shall, within 7 days upon receipt of application, issue a Testimonial to Conjugal Relation or a Testimonial to Dissolution of Conjugal Relation. Testimonial to Conjugal Relation has equal legal effect with Marriage Certificate and Testimonial to Dissolution of Conjugal Relation has equal legal effect with Divorce Certificate. Article 32 Testimonials to Marriage Registration The Municipal Civil Affairs Bureau shall issue to applicants with justifiable reasons testimonials to marriage registration of their divorced or dead parents according to the records of marriage registration files. Chapter VI Legal Liability Article 33 Punishment on Wrongdoing of Parties to Marriage Registration For violation of Clause 2 of Article 15 or Clause 2 of Article 24 of these Procedures, the parties concerned shall be penalized by cancellation of their marriage registration and revocation of their Marriage Certificate or Divorce Certificate. In addition, a fine of not more than RMB 200 shall be imposed. Article 34 Punishment for MWFN Matchmaking and Marriage Consul Anyone who violates Article 4 of these Procedures shall be enjoined by the Municipal Civil Affairs Bureau to make rectification. In addition, fines shall be imposed according to the nature of the case as listed below. If illegal gains are involved, such gains shall be confiscated. If the wrong constitutes a crime, the wrongdoer shall be prosecuted for his/her criminal liabilities. 1. Illegal engagement in MWFN matchmaking for less than 1 year, or for less than 2 couples, or with illegal gains of less than 50,000 yuan, shall be penalized by a fine of 10,000 to 50,000 yuan inclusive; 2. Illegal engagement in MWFN matchmaking for 1 to 3 years, or for 2 to 5 couples, or with illegal gains of 50,000 to 200,000 yuan shall be penalized by a fine of 50,000 to 200,000 yuan inclusive; or 3. Illegal engagement in MWFN matchmaking for more than 3 years, or for more than 6 couples, or with illegal gains of more than 200,000 yuan, or causing serious consequences shall be penalized by a fine of 200,000 to 500,000 yuan inclusive. Anyone who violates Article 7 of these Procedures shall be enjoined by the Municipal Civil Affairs Bureau to make rectification. In addition, a fine of 10,000 to 50,000 yuan inclusive shall be imposed and illegal gains, if there are any, shall be confiscated. Article 35 Punishment on MWFN Consultancies Anyone who violates Clause 2 of Article 10 shall be enjoined to make rectification within a specified period of time. Those who fail to make rectification within the prescribed time limit shall be ordered to stop their business. Anyone who violates Clauses 1 and 2 or Clause 4 of Article 12 shall be enjoined to make rectification within a specified period of time. Those who fail to make rectification within the prescribed time limit shall be penalized by a fine of 1000 to 20,000 yuan inclusive. Anyone who violates Clause 3 of Article 12 or Clause 2 of Article 14 shall be enjoined to make rectification within a specified period of time. Those who fail to make rectification within the prescribed time limit shall be penalized in accordance with Article 34 of these Procedures. Article 36 Enforcement Procedures In meting out punishment, the Municipal Civil Affairs Bureau shall issue a written decision of administrative punishment. In collecting fines or confiscating money, receipts uniformly printed by the Municipal Finance Department for fines and confiscated money shall be issued. All fines and confiscated money shall be turned over to the State Treasury. Article 37 Review and Legal Action If the party concerned finds unacceptable the specific administrative act of the Municipal Civil Affairs Bureau, he/she may apply for administrative review or take administrative litigation in accordance with the Administrative Review Law of the People' s Republic of China and the Administrative Litigation Law of the People' s Republic of China. The Municipal Civil Affairs Bureau may, in accordance with relevant provisions of the Administrative Litigation Law of the People' s Republic of China, apply to the people' s court for enforcement in case the party concerned neither applies for administrative review, nor takes legal action, nor complies with the decision of administrative punishment within the prescribed time limit. Article 38 Report on Bigamy If a person commits bigamy about which his/her spouse does not lodge a complaint, those who are in the know shall report the case to the Municipal Civil Affairs Bureau or a procuratorial organ. Article 39 Disciplinary Sanction In case a unit or an organization in this Municipality issues false certificates or testimonials for an applicant to register MWFN, the said certificates or testimonials shall be confiscated by the Municipal Civil Affairs Bureau, and a suggestion made for the unit or organization to impose disciplinary sanction on the person directly liable for the offense. Article 40 Enforcement Requirements Personnel of marriage registration departments shall abide by the laws and disciplines, and enforce the law impartially. Disciplinary sanction shall be imposed by the Municipal Civil Affairs Bureau on those who practice favoritism and commit irregularities, solicit or accept bribes, or otherwise pervert the law. In case their wrongdoing constitutes a crime, they shall be prosecuted for criminal liabilities in accordance with the law. In case a marriage registration department grants marriage registration in violation of Articles 21, 22 or 28 of these Procedures, the Municipal Civil Affairs Bureau shall impose disciplinary sanction on those directly liable for the violation, cancel the marriage registration that does not fulfill registration requirements and revoke the Marriage Certificate or the Divorce Certificate. Chapter VII Supplementary Provisions Article 41 Printing of Certificates Marriage Certificate, Divorce Certificate, Testimonial to Conjugal Relation, Testimonial to Dissolution of Conjugal Relation, License for MWFN Consultancy and Certificate for MWFN Consultant shall be uniformly printed by the Municipal Civil Affairs Bureau in accordance with relevant regulations. Article 42 Department Responsible for Interpreting Application The Municipal Civil Affairs Bureau shall be responsible for the interpretation of these Procedures in their specific application. Article 43 Date of Implementation These Procedures shall become effective on February 1, 1995. |
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