Laws of the Shanghai Province

(Promulgated on December 28, 2001 by Decree No.112 of the Shanghai Municipal People' s Government)

Article 1 (Purpose)

With a view to normalizing the activity of matrimonial agencies, and protecting the legitimate rights and interests of mate-seeking clients and matrimonial agencies, and in line with this municipality' s actual circumstances, these Procedures are formulated.

Article 2 (Definition)

The term matrimonial agencies mentioned in these Procedures refers to intermediaries that offer matchmaking services to mate-seeking clients.

Article 3 (Scope of Application)

These Procedures apply to the establishment, services and management activities of matrimonial agencies in the administrative area of this Municipality.

Relevant provisions of these Procedures apply to the mass media such as newspaper offices, periodical offices, radio stations and television stations (hereinafter referred to as media) that conduct matchmaking services.

Matchmaking and consulting service activities involving foreigners, overseas Chinese, residents of Hong Kong and Macao Special Administrative Regions and residents of Taiwan region shall be handled according to relevant stipulations of the State and this Municipality.

Article 4 (Administrative Department)

The Shanghai Municipal Civil Affairs Bureau (hereinafter referred to as SMCAB) is the competent administrative department of this Municipality' s matrimonial agencies, in charge of the implementation of these Procedures.

District and county civil affairs departments shall take charge of the administration of matrimonial agencies within their respective jurisdictions and are under the leadership of the SMCAB in terms of professional work.

Related departments of the governments at all levels shall, according to their respective functions and power, do well in relevant administration of matrimonial agencies.

Article 5 (Trade Association)

The Shanghai Trade Association of Matrimonial Agencies set up according to law shall carry out the trade self-disciplined activity in line with the constitution of association, accept the guidance of the SMCAB and undertake entrusted matters.

Chapter II Establishment and Administration

Article 6 (Requirements for Establishment)

Application for setting up a matrimonial agency shall meet the following requirements:

(1) Having a fixed service site with a use area not less than 50 square meters;

(2) Having the necessary equipment;

(3) The person-in-charge has educational background of a junior college or equivalent to a junior college or above; and

(4) Start-up capital is not less than RMB 100,000 yuan.

Article 7 (Restrictive Conditions for Person-in-charge)

The following persons shall not serve as persons-in-charge of matrimonial agencies:

(1) Those who were sentenced to fixed-term imprisonment or more severe penalty for corruption, bribery, embezzlement or misappropriation of property or disruption of socio-economic order, and had their sentence completed less than five years ago, or those who were deprived of political rights for committing crimes and had their sentence completed less than five years ago;

(2) Those who were sentenced to fixed-term imprisonment or more severe penalty for fraud, forced indecency at and insult to women, and had their sentence completed less than five years ago.

Article 8 (Application Materials)

Any one who applies for setting up a matrimonial agency shall submit the following materials:

(1) Application for establishment;

(2) Draft constitution;

(3) Capital verification certificate;

(4) House ownership certificate or the certificate of the record of registration of the house leasing contract;

(5) Relevant certificate of person-in-charge.

Article 9 (Application and Examination and Approval)

Any one who needs to set up a matrimonial agency shall apply to the SMCAB.

The SMCAB shall make a decision on examination and approval within 15 days from receiving the application materials. It shall issue the Matrimonial Agency Service Permit (hereinafter referred to as "the permit" ) to those approved; as for those not approved, it shall notify in writing the applicants and explain the reasons.

Article 10 (Registration of Matrimonial Agencies)

Matrimonial agencies run by trade unions, Communist Youth Leagues, women' s federations, handicapped persons' federations and other mass organizations shall, within 30 days from obtaining the permit, go through registration of non-enterprise unit run by local people according to law, and take out a registration certificate before conducting matchmaking service activities.

Matrimonial agencies run by non-mass organizations shall, within 30 days from obtaining the permit, go through registration formalities with the industry and commerce administrative department, and take out a business license before conducting matchmaking service activities.

Article 11 (Requirements for Setting up and Approval of Branch Agencies)

Any matrimonial agency registered with the industry and commerce administrative department in need of setting up a branch shall meet the following requirements:

(1) Having a fixed service site with a use area not less than 30 square meters;

(2) Having the necessary equipment;

(3) Having not less than three staff members; and

(4) Having no administrative punishment for two consecutive years since conducting the business operations.

Any one who applies for setting up a branch agency shall go through the formalities according to Article 9 and Clause 2 of Article 10 of these Procedures.

Article 12 (Reporting the Service Outlets for the Record)

If the matrimonial agency registered as non-enterprise unit run by local people, sets up a service outlet, it shall report the setting up to the SMCAB for the record.

Article 13 (Alteration and Termination)

If any matrimonial agency or any of its branches changes the location of the establishment, the legal representative, or chief person-in-charge, it shall go through the alteration formalities with the SMCAB and the alteration registration formalities with the original registering industry and commerce administrative department or the registration administrative organ of non-enterprise unit run by local people.

Any matrimonial agency and its branch that terminate their service activities, shall go through cancellation formalities with the SMCAB, and the cancellation registration formalities with the original registering industry and commerce administrative department or the registration administrative organ of non-enterprise unit run by local people.

Article 14 (Reporting of Websites or Webpages for the Record)

Any matrimonial agency that sets up websites or webpages on Internet shall go through the formalities according to the State' s relevant stipulations and report to the SMCAB for the record.

Article 15 (Annual Examination)

The SMCAB shall conduct annual examination on matrimonial agencies. The annual examination shall be carried out jointly by the SMCAB and the industry and commerce administrative department.

Any one that fails to undergo before the deadline of the annual examination or fails to pass the annual examination shall not continue with the matchmaking service activities.

Article 16 (Registration of the Media)

The media that conduct matchmaking service activities shall register with the SMCAB in the name of their legal persons.

Any media that fail to register with the SMCAB shall not conduct matchmaking service activities.

Chapter III Service Standards

Article 17 (Conspicuous Marking System)

Matrimonial agencies shall put the permit on a conspicuous place of their service site, show clearly service items and make public the charging rate.

Article 18 (Providing of Certificates)

When the mate-seeking clients register with the matrimonial agency or media, the mate-seeking clients shall provide certificates of personal status, occupation, and schooling. Mate-seeking clients with matrimonial history shall provide the certificate of divorce or being widowed.

If the matrimonial agencies or media have any doubt about the certificates provided by the mate-seeking clients, they shall make verification.

If the matrimonial agencies or media discover that a client provides false certification, they shall refuse to accept or release the mate-seeking information.

Article 19 (Matchmaking Service Contract)

Matrimonial agencies or media, when signing a written matchmaking service contract with mate-seeking clients, shall specify the following contents:

(1) Service items, forms, and number of times;

(2) Service term;

(3) Service charge standard;

(4) Way of disposal of mate-seeking information materials upon termination of contract; and

(5) Liability for breach of contract and other matters in need of agreement.

No fraudulent matchmaking service activity is allowed.

Article 20 (Release and Retention of Mate-seeking Information)

Matrimonial agencies or media shall make public information materials of mate-seeking clients faithfully as stipulated in the matchmaking service contract.

Matrimonial agencies or media shall duplicate and keep the information materials of mate-seeking clients within the matchmaking service term.

Article 21 (Protection of Right to Privacy)

Matrimonial agencies or media shall protect their mate-seeking clients' right to privacy. Without mate-seeking clients' consent, their information materials are not allowed to be used for matters other than mate-seeking.

Article 22 (Service Record)

Matrimonial agencies or media shall do well in recording the service activities in the process of offering services.

Article 23 (Mate-seeking Advertisement)

Any matrimonial agency, when placing or broadcasting mate-seeking advertisements in media, shall make the release in its own name. It is prohibited to release mate-seeking advertisements under the name of other unit.

Mate-seeking advertisements shall not contain false contents.

Article 24 (Service Prices)

Matrimonial agencies registered as non-enterprise units run by local people shall charge according to the government guiding prices jointly set by the SMCAB and the municipal price control department.

Chapter IV Settlement of Disputes and Legal Liability

Article 25 (Channels of Settling Disputes)

Mate-seeking clients may have disputes, arising from intermediary acts of matrimonial agency or media, settled through the following channels:

(1) Holding a consultation with the matrimonial agency;

(2) Lodging complaints to the matchmaking trade association;

(3) Requesting the consumers' association to mediate;

(4) Bringing a lawsuit before the people' s court.

The matchmaking trade association, after receiving complaints, shall make timely handling and inform the SMCAB of the complaints and the handling thereof.

Article 26 (Administrative Punishment)

Any one who does any of the following acts shall be ordered to correct and be given warnings by the civil affairs department, and cumulatively be penalized with a fine of between not less than 1,000 yuan and not more than 30,000 yuan for commercial act, and a fine of between not less than 100 yuan and not more than 1,000 yuan for non-commercial act;

(1) Conducting matchmaking service activity without permit;

(2) A matrimonial agency registered with the industry and commerce administrative department sets up branches without permission;

(3) A matrimonial agency registered as non-enterprise unit run by local people sets up service outlets without reporting to the SMCAB for the record and fails to report for the record before the deadline after being ordered to correct within a time limit;

(4) A matrimonial agency changes the location of its establishment, legal representative or chief person-in-charge without going through the alteration formalities;

(5) A matrimonial agency fails to take the annual examination before the deadline or pass the annual examination but continues with matchmaking service activities;

(6) Media unregistered with the SMCAB fail to register after being ordered to correct and continue with matchmaking service activities;

(7) Releasing knowingly the false certification provided by mate-seeking clients;

(8) Conducting fraudulent matchmaking service activities;

(9) Failing to make a copy of and keep the information materials of mate-seeking clients within the matchmaking service term;

(10) Without mate-seeking clients' consent, using their information materials for other matters; or

(11) Failing to record service activities in the process of offering services.

Article 27 (Handling of Violations of Mate-seeking Advertisement Provisions)

Any one who does either of the following acts shall be transferred to the industry and commerce administrative department by the civil affairs department to be dealt with according to law;

(1) A matrimonial agency places or broadcasts mate-seeking advertisements in media under the name of other unit; or

(2) Mate-seeking advertisements contain false contents.

Chapter V Supplementary Provision

Article 28 (Date of Implementation)

These Procedures shall become effective on March 1, 2002.