Provisions for the Registration of Marriage Between Chinese Citizens and Foreigners
(Approved by the State Council on August 17, 1983 and promulgated by the Ministry of Civil Affairs on August 26, 1983)
1. When Chinese citizens and foreigners (including foreign residents andthose who come to China for a short visit, Chinese of foreign nationality, andforeigners who have settled down in China) decide to get married of their ownfree will within the boundaries of China, both the man and the woman concernedshall appear together at the marriage registration department, designated bythe province, autonomous region, or municipality directly under the CentralGovernment, and stationed in the locality where the Chinese citizen has his/herresidence registration and apply for marriage registration.
2. Both the man and the woman, who apply for marriage registration, shallabide by the Marriage Law of the People's Republic of China and the pertinentarticles and items of these Provisions.
3. Chinese citizens and foreigners who apply for marriage registrationshall respectively hold the following certificates:
A. For Chinese citizens:
(1) certificates of the applicant's residence registration;
(2) certificate signed and issued either by the people's government at thecounty level or above which is stationed in the locality where the applicanthas his/her residence registration, or by a government department, a school, aninstitution, or an enterprise at the county level or above, which is theapplicant's place of work; the certificate indicates the applicant's name, sex,date of birth, nationality, marital status (single, divorced, bereft of spouse- the same below), occupation, nature of work, name of the person to marry.
B. For foreigners:
(1) the applicant's passport or other documents certifying his/her identityand citizenship;
(2) "Residence Permit for Foreigners" signed and issued by the publicsecurity department, or identification certificate issued by foreign affairsdepartment, or entry permit and residence permit for foreigners who come toChina for a short stay;
(3) marital status certification issued by the notary office of theapplicant's country and confirmed by both the Ministry of Foreign Affairs (or adepartment authorized by the Ministry of Foreign Affairs) of the applicant'scountry and the Chinese embassy or consulate in the said foreign country; ormarital status certitication issued by the embassy or consulate of the saidforeign country in China.
C. For resident foreigners in China:
(1) the applicant's passport, or identification certificate or nationalitycertificate used to substitute for passport (those who have no nationality maybe exempted from presenting their nationality certificates);
(2) "Residence Permit for Foreigners" signed and issued by the publicsecurity department;
(3) certificate signed and issued either by the people's government at thecounty level or above, which is stationed in the locality where the applicanthas his/her residence registration, or by a government department, a school, aninstitution, or an enterprise at the county level or above, which is theapplicant's place of work; the certificate indicates the applicant's name, sex,date of birth, marital status, occupation, name of the person to marry.
In addition, both the man and the woman applying for marriage registrationshall also present the pre-marital health check-up report signed and issued bya hospital designated by the marriage registration department.
4. The following Chinese citizens shall not be permitted to marryforeigners:
(1) armymen in active service, diplomatic personnel, public securitypersonnel, confidential personnel, and other personnel who are in charge ofimportant confidential work;
(2) persons who are receiving reeducation through labour or serving asentence.
5. Chinese citizens and foreigners, who hold all the required certificatesand accord with these Provisions, may present their certificates and photos tothe marriage registration department and make an application. The marriageregistration department, after examining the application and confirming throughinvestigation that the application conforms to the Marriage Law of thePeople's Republic of China and to these Provisions, shall give the applicantsthe permission to register, and to go through the registration procedureswithin 1 month; and then the marriage registration department shall issue themarriage certificate to them. The marriage certificate shall be attached withthe photos of both the man and the woman, and be affixed with the special seal(made of steel) for marriage registration of the people's government at thecounty level or above which handles the registration of marriage betweenChinese and foreign nationals.
6. If a Chinese citizen and a foreigner request a divorce in China, theyshall, in accordance with the pertinent provisions of "The Civil Procedure Lawof the People's Republic of China (for Trial Implementation)", file a divorcesuit with the appropriate People's Court. Those who wish to resume marriagerelationship shall go through the same registration procedures as those formarriage.
7. Chinese citizens and foreigners who apply for marriage registrationshall pay for the cost of marriage certficates and also pay registrationservice charge. The expenses for interpretation service shall be borne by theapplicants.
8. These Provisions shall go into effect upon approval by the StateCouncil, and all former pertinent provisions shall be null and void at the same time.