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Procedures of Shanghai Municipality on the Administration of Marriage Registration
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| (Promulgated by the Shanghai Municipal People' s Government on September 8, 1995; Revised in accordance with the Decision of the Shanghai
Municipal People' s Government of October 29, 1999 on the Revision of the Procedures of Shanghai Municipality on the Administration
of Marriage Registration and promulgated anew) Chapter I General Provisions Article 1 Purposes and Basis In order to guarantee freedom of marriage, enforce the marital institution of monogamy and equality between men and women, strengthen the administration of marriage registration, protect the legitimate rights and interests of parties to a marriage and deal with illegitimate marital acts in accordance with the law, these Procedures are formulated in accordance with the Marriage Law of the People' s Republic of China (hereinafter referred to as Marriage Law) and the Regulations on the Administration of Marriage Registration, with full consideration given to the actual conditions in Shanghai. Article 2 Scope of Application These Procedures shall be applicable to the registration of marriage, divorce and restoration of a former marriage between residents of this Municipality or between a resident of this Municipality and a resident from a foreign province or municipality that is performed within the administrative areas of this Municipality. Registration of marriage of a resident 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 that is performed within the administrative areas of this Municipality shall follow the Interim Procedures of Shanghai Municipality on the Administration of Foreign-related Marriage. Article 3 Protection of the Legitimate Rights and Interests of Parties to a Marriage The legitimate rights and interests of those who have completed marriage registration in accordance with the law shall be protected by the law. Article 4 Duty to Issue Testimonials All government organs, social groups, institutions and enterprises, neighborhood committees and villagers' committees shall issue the necessary testimonials to persons of their own unit or in their own administrative areas who apply for marriage registration, and shall not refuse or restrict the issuance of such testimonials under any excuses. Chapter II Marriage Registration Administrative Organs and Registration Clerks Article 5 Registration Administrative Organs The Civil Affairs Bureau of Shanghai Municipality (hereinafter referred to as the Municipal Civil Affairs Bureau) is the competent department responsible for the administration of marriage registration in the whole municipality. The civil affairs bureau of all districts and counties or the people' s governments of all towns and townships are responsible for the administration of marriage registration in their respective administrative areas. Relevant administrative departments of the people' s governments of this Municipality and the districts and counties shall, in accordance with their respective duties, do a good job in matters related to the administration of marriage registration. Article 6 Duties of Registration Administrative Organs The responsibilities of marriage registration administrative organs are as follows: 1. Conduct marriage registration in accordance with the law; 2. Issue testimonials to marital relationships in accordance with the files of marriage registration; 3. Deal with illegitimate marital acts in accordance with the law; 4. Propagate marriage laws, and advocate civilized marriage customs; 5. Do a good job in the keeping and transferring of marriage registration files; and 6. Do a good job in compiling statistics on marriage registration. Article 7 Marriage Registration Clerk Marriage registration administrative organs shall have full-time marriage registration clerks. Article 8 Qualifications of Marriage Registration Clerks Marriage registration clerks shall receive professional training by the Municipal Civil Affairs Bureau. Those who pass the examinations shall be issued a marriage registration clerk' s certificate by the Municipal Civil Affairs Bureau. Those who have not obtained a marriage registration clerk' s certificate shall not be allowed to conduct marriage registration. Article 9 Job Requirements The job requirements on a marriage registration clerk are as follows: 1. Strictly enforce Marriage Law, Regulations on Marriage Registration Administration and other relevant laws and regulations; 2. Enforce the law impartially, and not bend the law for the benefit of relatives or friends, or abuse one' s power for personal gains; 3. Do not demand the parties concerned to present testimonials or certificates other than those required by these Procedures; 4. Do not conduct one' s own marriage registration or that of close relatives; and 5. Go to one' s post with a qualifications certificate. Chapter III Marriage Registration Article 10 Application for Marriage Registration Interested parties who want to get married in this Municipality shall both go together in person to a marriage registration administrative organ of the locality, where either one of the parties has registered permanent residence, to go through the application formalities for marriage registration. Article 11 Papers to Be Presented on Application Applicants for marriage registration shall present the following testimonials and certificates: 1. Certificate of registered permanent residence; 2. Resident' s identification card; 3. Testimonial to marital status issued by one' s unit or by the neighborhood or villagers' committee where the applicants' permanent residence is registered; and 4. Certificate of premarital medical examination issued by medical and health institutions, which have permission of the municipal public health administrative departments to conduct such examinations, certifying that the person concerned is fit for marriage. When applying for marriage registration, those who went abroad on private business and has now returned to settle at home shall present, in addition to the testimonials and certificates listed in the preceding paragraph, testimonials to their martial status during their stay abroad issued by our embassies or consulates or by our working organs stationed in Hong Kong and Macao, or a written pledge made by the applicant and certified by a notary public guaranteeing that he/she has no marital relationship abroad during that period. When applying for remarriage, divorced applicants shall present, in addition to the testimonials and certificates listed in the Clause 1 of this Article, testimonials to their divorce (Divorce Certificate, or Testimonial to Dissolution of Conjugal Relation, divorce mediation decision by a people' s court, or divorce judgment that has come into effect.) Article 12 Application by Armymen in Active Service for Marriage Registration When applying for marriage registration, armymen in active service shall present, in addition to the certificate listed in Item 4, Clause 1 of Article 11, a testimonial to his/her marital status issued by the political organ of a regiment or a unit superior to a regiment as well as his/her identification certificate. In case an armyman in extended active service applies for marriage registration when on leave to visit his/her family, he/she may present testimonials to his/her marital status issued by district/county people' s armed forces departments in this Municipality if a testimonial issued by the armed forces is not available. Article 13 Application for Marriage Registration by Persons Who Are Going Abroad on Private Business In case one of the parties applying for marriage registration is going abroad on private business, and the parties request to have their marriage registered in this Municipality, they shall go to a marriage registration administrative organ in whose locality one party in this Municipality has registered permanent residence, to go through the application formalities for marriage registration. In case both parties applying for marriage registration in this Municipality are going abroad on private business, they shall go to a marriage registration administrative organ, in whose locality one of the parties had formerly registered permanent residence, to go through the application formalities for marriage registration. When applying for marriage registration in this Municipality, persons who are going abroad on private business shall present, in addition to the certificate listed in Item 4, Clause 1 of Article 11, the following testimonials and certificates: 1. Their own passports or pass for entry into Hong Kong and Macao; and 2. Testimonials to their marital status during their stay abroad issued by Chinese embassies or consulates or a written pledge made by the applicant and certified by a notary public in Hong Kong or Macao guaranteeing that he/she has had no spouse during his/her stay in Hong Kong and Macao. In case the person who is going abroad on private business has reached the age for marriage before he/she leaves the country, he/she shall present, in addition to the above mentioned documents, testimonials to his/her marital status before he/she leaves the country, issued by his/her original unit or the neighborhood or villagers' committee in whose locality he/she has formerly registered permanent residence, or a written pledge made by the applicant and certified by a notary public in this Municipality, guaranteeing that he/she had had no spouse before he/she goes abroad. Article 14 Application for Marriage Registration by Persons Who Are Going Abroad on Official Business In case one of the parties applying for marriage registration in this Municipality is abroad on official business, and the parties request to have their marriage registered in this Municipality, they shall go to a marriage registration administrative organ in whose locality the party in this Municipality has registered permanent residence to go through the application formalities for marriage registration. In case both parties applying for marriage registration in this Municipality are abroad on official business, they shall go to a marriage registration administrative organ in whose locality one of the parties had formerly registered permanent residence, to go through the application formalities for marriage registration. When applying for marriage registration in this Municipality, persons who are going abroad on official business shall present, in addition to the certificate listed in item 4 of Paragraph 1 of Article 11, the following testimonials and certificates: 1. Their own passports or pass for entry into Hong Kong and Macao; and 2. Testimonials to their martial status during their stay abroad issued by Chinese embassies or consulates or by our working organs stationed in Hong Kong or Macao. In case the person who is going abroad on official business has reached the age for marriage before he/she left the country, he/she shall present, in addition to the above mentioned documents, testimonials to his/her marital status before he/she left the country issued by his/her original unit or the neighborhood or villagers' committee in whose locality he/she had formerly registered permanent residence. Article 15 Application for Marriage Registration by Persons Who Are Undergoing Reeducation Through Labor, on Probation or on Parole Marriage registration organs shall accept applications for marriage registration submitted by persons who are undergoing reeducation through labor if they have testimonials to permission for marriage registration leave issued by the administrative departments in charge of indoctrination through labor, or submitted by persons on probation or parole granted by a people' s court. When applying for marriage registration, the interested parties mentioned in the preceding paragraph shall present the testimonials and certificates listed in Article 11 of these Procedures. Article 16 Procedures of Examination and Issuance of Certificates Marriage registration administrative organs shall, upon acceptance of applications for marriage registration, conduct examination immediately and, to those who are qualified for marriage, grant marriage registration at once and issue a marriage certificate. In the case of a divorcee, the date of registration for remarriage and the name of the present spouse shall be noted down on his/her divorce certificate and a special seal of marriage registration be affixed to it, and the Divorce Certificate shall be returned to the party concerned. Both parties concerned shall go in person together to the marriage registration office and affix their signature before they get the Marriage Certificate and shall not entrust one party or others to get the certificate on their behalf. Upon receipt of the Marriage Certificate, the conjugal relation between the applicants for marriage registration is established. Article 17 Special Procedures of Examination and Issuance of Certificate In case the applicants for marriage registration can not obtain the necessary testimonials and certificates for marriage registration because of intervention by his/her unit or other persons, marriage registration administrative organs shall, upon finding out the truth, permit marriage registration, and issue a marriage certificate to those who are qualified for marriage. Article 18 Circumstances Justifying Refusal of Marriage Registration In any one of the following circumstances, marriage registration administrative organs 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; or 5. The applicants or one of them have diseases for which marriage is prohibited by law. Article 19 Circumstances Deferring Marriage Registration In case the applicants or one of them have diseases for which marriage shall be deferred from the medical point of view, the marriage registration administrative organs shall defer marriage registration, and shall explain in writing the reasons to the parties concerned. Article 20 Registration of Restoration of a Former Marriage The parties to a divorce requesting to restore their conjugal relation shall go about it by following the procedures of marriage registration as stipulated in these Procedures. In such cases, no premarital medical examination is needed unless such examination is requested by one of the parties for restoration of a former marriage To those whose request for registration of restoration of a former marriage is granted, the marriage registration administrative organs shall issue a certificate of marriage and cancel their divorce certificates. Chapter IV Divorce Registration Article 21 Application for Divorce Registration In case the parties to a marriage who want to get divorced in this Municipality shall both go together in person to a marriage registration administrative organ, in whose locality either one of the parties has registered permanent residence, to go through the application formalities for divorce registration. Article 22 Papers to Be Presented on Application for Divorce Registration Applicants for divorce registration shall present the following testimonials and certificates: 1. Certificate of registered permanent residence; 2. Resident' s identification card; 3. Letter of introduction from their unit or from the neighborhood villagers' committee where one' s permanent residence is registered; 4. Testimonials to legitimate conjugal relation marriage certificate (testimonial to conjugal relation or notarial certificate to conjugal relation; similarly hereinafter); and 5. Voluntary divorce agreement. Article 23 Application for Divorce Registration by Persons Who Are Going Abroad on Official or Private Business In case one of the parties or both parties to a marriage applying for divorce registration in this Municipality are going abroad on official or private business, they shall go to a marriage registration administrative organ, in whose locality the party in this Municipality has registered permanent residence, or to the marriage registration administrative organ that had granted their marriage registration, to go through the application formalities for divorce registration and present the following testimonials and certificates: 1. Testimonials to permanent residence registration of the party who lives in this Municipality, his/her resident' s identification card, the passport or pass for entry into Hong Kong or Macao; 2. Testimonials to legitimate conjugal relation acquired in this Municipality in case both the parties are going abroad on business; and 3. Voluntary divorce agreement. Article 24 Contents of Voluntary Divorce Agreement A voluntary divorce agreement shall clearly indicate the intent of both parties to divorce of their own free will and the agreements on the bringing up of their children, the financial aid to the party who has difficulty making a living, the disposal of property, the repayment of debts and the arrangement for housing, etc. The contents of a voluntary divorce agreement shall be favorable to the protection of the legitimate rights and interests of the female party and the children, and shall not impair the legitimate rights and interests of others. Article 25 Application for Divorce Registration by Persons in Illegitimate Marriage When applying for divorce registration, both parties to a de facto marriage that was accomplished without marriage registration before the implementation of Marriage Law on January 1, 1981 shall first have their relationship certified by a notary public and obtain a notarial certificate of conjugal relation. When applying for divorce registration, both parties to cohabitation without marriage registration in accordance with the law after the implementation of Marriage Law on January 1, 1981 shall first make up the formalities of marriage registration, and obtain a marriage certificate. Article 26 Examination of Application When parties to a marriage apply for divorce registration, marriage registration administrative organs shall make inquiries of both parties about the case, and inform them of the statutory conditions and legal procedures for divorce. Marriage registration administrative organs shall, within 30 days upon receipt of divorce registration application, conduct an examination, and issue notice to qualified applicants to get the divorce certificate. Article 27 Getting the Certificate Both parties to a marriage applying for divorce registration shall, within 30 days upon receiving notice to get the divorce certificate, go together to the marriage registration administrative organ to get the divorce certificate and shall not entrust one party or other persons to get the certificate on their behalf. Failure to go and get the certificate within the prescribed time limit shall be regarded as voluntary withdrawal of divorce registration application, except when it is due to force majeure. Upon receipt of the divorce certificate, the conjugal relation between the applicants for divorce registration is dissolved. Marriage registration administrative organs shall cancel testimonials to their legitimate conjugal relation at the same time the parties get the divorce certificate. Article 28 Circumstances Justifying Refusal of Divorce Registration In any one of the following circumstances, the marriage registration administrative organs shall refuse to grant divorce registration, 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 of their own free will, 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, the repayment of debts or the arrangement for housing, etc. 3. One of the parties or both parties are, according to expert testimony, capable of limited civil acts or incapable of civil acts; or 4. No testimonial to legitimate conjugal relation is available. Article 29 Performance of Divorce Agreement In case one party fails to perform his/her obligations in accordance with the divorce agreement after obtaining divorce certificate, the other party may bring a civil suit against him/her at a people' s court in accordance with the Civil Procedure Law of the People' s Republic of China. Article 30 Alteration of Divorce Agreement In case both parties to a divorce request, after obtaining divorce certificate, alteration of arrangements for the bringing up of children, or increase or decrease of alimony, they may apply to the marriage registration administrative organ which had granted the divorce registration, and fill out an alteration agreement of voluntary divorce. After ascertaining the facts, the marriage registration administrative organ shall grant the alteration, and affix to the alteration agreement of voluntary divorce a special seal of the marriage registration administrative organ. Alteration of divorce agreement is limited to once only. A second alteration shall not be accepted by a marriage registration administrative organ. In that case, the parties concerned may file a civil suit with a people' s court in accordance with the Civil Procedure Law of the People' s Republic of China. Chapter V Administration of Marriage Registration Files and Regulations on Issuance of Certificates Article 31 Administration of Marriage Registration Files The marriage registration administrative organs shall perfect the management system of marriage registration files, and take proper care of relevant documents and materials of marriage registration. Article 32 Application for Issuance of 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 conjugal relation or dissolution of conjugal relation. When applying for issuance of testimonials, the parties concerned shall present the following testimonials and certificates: 1. Certificate of registered permanent residence; 2. Resident' s identification card; and 3. Testimonial to marital status issued by one' s unit or by the neighborhood or villagers' committee, in whose locality one' s permanent residence is registered; Article 33 Application by Proxy for Testimonials In case one of the parties or both parties applying for issuance of testimonials to conjugal relation or dissolution of conjugal relation are abroad, he/she may authorize the party that is in the Municipality or a relative, or friend as an attorney. The attorney, in performing the duties as authorized, shall submit the following certificates and documents: 1. Power of attorney with the signature of the mandator affixed to it and certified by a notary public; 2. Duplicated copy of the identification card of the mandator; and 3. Resident' s identification card of the attorney. Article 34 Procedures for Examining and Issuing Testimonials Upon receipt of application for testimonials to conjugal relation or dissolution of conjugal relation, the marriage registration administrative organ shall conduct examinations. To those who satisfy the conditions for issuance of the testimonials, the said organ shall, within 7 days upon receipt of application, issue testimonials to conjugal relation or 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 35 Testimonials to Marriage Registration Marriage registration administrative organs 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 Supervision Article 36 Invalid Marriage Cohabitation in the name of husband and wife without marriage registration is an invalid marriage relationship, and no legal protection shall be provided for such cohabitation. Article 37 Revocation of Marriage Registration In case applicants for marriage registration resort to fraud and deception to get marriage or divorce certificate, marriage registration administrative organs shall revoke their registration, report the case to the Municipal Civil Affairs Bureau for the record, and penalize the parties concerned by a fine of 200 yuan. When revoking marriage registration, the marriage registration administrative organs shall, within 10 days upon making the decision of revocation, serve notice of revocation of marriage registration on the parties concerned, and withdraw the marriage or divorce certificate. Article 38 Enforcement Procedures In meting out administrative punishment, marriage registration administrative organs shall issue a written decision of administrative punishment. In collecting fines, receipts uniformly printed by the Municipal Finance Department for fines and confiscated money shall be issued. All fines collected shall be turned over to the State Treasury. Article 39 Administrative Review and Legal Action If the party concerned finds unacceptable the specific administrative act of the marriage registration administrative organ, he/she may apply for administrative review in accordance with relevant provisions of the Administrative Review Law of the People' s Republic of China; if he/she finds unacceptable the decision of review, he/she may take legal action in accordance with relevant provisions of the Administrative Litigation Law of the People' s Republic of China. Marriage registration administrative organs may, in accordance with the 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 its decision of administrative punishment within the prescribed time limit. Article 40 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 a marriage registration administrative organ or to a procuratorial organ. Article 41 Administrative Proposal In case a unit or an organization issues false certificates or testimonials for an applicant to register marriage, the said certificates or testimonials shall be confiscated by the marriage registration administrative organ and an administrative proposal made for the said unit or organization, to criticize and educate, or impose disciplinary sanction on the person directly responsible for the misconduct. Article 42 Enforcement Requirements In case a marriage registration clerk violates Articles 9, 18, 19 or 28 of these Procedures, he/she shall be penalized, in light of the seriousness of the case, by disciplinary sanction from the district/county civil affairs bureau, or his/her qualifications as a registration clerk shall be revoked by the Municipal Civil Affairs Bureau. In case their wrongdoing constitutes a crime, they shall be prosecuted for criminal liabilities in accordance with the law. In case a marriage registration clerk grants marriage registration in violation of Articles 18, 19 or 28 of these Procedures, the marriage registration administrative organ shall cancel the marriage registration that does not fulfill registration requirements, report the case to the Municipal Civil Affairs Bureau for the record, serve notice on both parties concerned within 10 days upon making the decision, to cancel the marriage registration and revoke the Marriage Certificate or the Divorce Certificate. Chapter VII Supplementary Provisions Article 43 Printing of Certificates and Testimonials Marriage certificates, divorce certificates, testimonials to conjugal relation and testimonials to dissolution of conjugal relation shall be printed uniformly by the Municipal Civil Affairs Bureau in accordance with relevant provisions. Article 44 Rate of Charge Those who receive a marriage certificate, divorce certificate, testimonial to conjugal relation or testimonial to dissolution of conjugal relation, shall pay the cost of material and labour. The rate of charge shall be fixed in accordance with relevant stipulations of price control and finance departments. Article 45 Department Responsible for Interpreting Application The Municipal Civil Affairs Bureau shall be responsible for the interpretation of these Procedures in their specific application. Article 46 Date of Implementation These Procedures shall become effective on November 1, 1995. The Regulations for Implementing the Procedures of Shanghai Municipality on Marriage Registration promulgated with the approval of the People' s Government of Shanghai Municipality on August 8, 1988 shall be repealed at the same time. |
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