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Living in Guangdong> Useful Info> Marriage

Regulations on Control of Marriage Registration

2009-November-2       Source: english.gov.cn

Marriage, divorce and resumption of marriage between Chinese citizens within the territory of China must be entered into registration according to the provisions of these Regulations.

Chapter V

Supervision and Administration

Article 24

If citizens not reaching the legally marriageable age cohabit in the name of the husband and wife, or citizens conforming to the marriage conditions cohabit in the name of the husband and wife without marriage registration, their marriage relationship shall be null and void and outside the protection of law.

Article 25

If parties applying for marriage registration resort to deception and obtain marriage registration, the marriage registration authority shall withdraw the marriage registration and shall declare to the parties intending to get married or to resume their marriage that their marriage relationship is null and void, and recall the marriage certificates, and declare to the parties intending for divorce that the rescission of marriage relationship is null and void, and recall the divorce certificates.

Article 26

If a party has a spouse and commits bigamy, but his/her spouse doesn't accuse him/her, the marriage registration authority shall expose the case to the procuratorial organ.

Article 27

If a unit or an organization issues a false certificate or document for the parties applying for marriage registration, the marriage registration authority shall confiscate the certificate or document and propose to the unit or organization for admonishing and criticizing or giving disciplinary sanctions to persons directly responsible.

Article 28

If any marriage registrar grants registration in violation of the provisions of Articles 12 and 18 in these Regulations, the marriage registration authority shall give him disciplinary sanctions or disqualify him as a marriage registrar. The registration of marriage between parties not yet conforming to the conditions for marriage registration shall be withdrawn and the marriage registration certificate revoked.

Article 29

If any party thinks that he conforms to the marriage registration conditions but the marriage registration authority refuses to grant registration to him, or if any party refuses to accept punishment, he may apply for reconsideration according to the provisions of the Regulations on Administrative Reconsideration. If he refuses to accept the reconsideration decision, he may bring a lawsuit according to the provisions of the Administrative Procedure Law.

Chapter VI

Supplementary Provisions

Article 30

For marriage registration certificates and marriage relationship certificates mentioned in these Regulations, the civil affairs department under the State Council shall decide their unified forms and civil affairs departments of people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall print them.

Article 31

Any party shall pay the costs for taking out the marriage registration certificate and marriage relationship certificate. The cost standard shall be set by the civil affairs department under the State Council in consultation with relevant departments.

Article 32

People's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate proper restrictions upon marriages between persons below the legally marriageable age.

Article 33

People's governments of national autonomous areas may, in accordance with the principles of these Regulations and the actual practices of the local nationalities with regard to the control of marriage registration, formulate adaptive or supplementary provisions.

Article 34

These Regulations shall come into effect on the date of its promulgation. The Procedures for Marriage Registration, approved by the State Council on December 31, 1985 and promulgated by the Ministry of Civil Affairs on March 15, 1986, shall be invalidated on the same day.

Notice: In case of discrepancy, the original version in Chinese shall prevail.

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Editor: Miranda

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