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Guidelines for Marriage Registration Involving Hong Kong, Macao, Taiwan

Applicable Scope

These Guidelines apply to the application for and handling of marriage registration involving Hong Kong residents, Macau residents, Taiwan residents, overseas Chinese and foreigners.

Item Name and Code

Item name: Marriage registration involving Hong Kong residents, Macau residents, Taiwan residents, overseas Chinese and foreigners

Item Code: 0258

Sub-item name: marriage registration, divorce registration, certificates re-issuance, remarriage (subject to handling requirements and procedures same as those for marriage), and annulment of coerced marriage upon application, involving Hong Kong residents, Macau residents, Taiwan residents, overseas Chinese and foreigners

Handling basis

Marriage Law of the People's Republic of China

According to Article 8: Both the man and the woman desiring to contract a marriage shall register in person with the marriage registration office. If the proposed marriage is found to conform to the provisions of this Law, the couple shall be allowed to register and issued marriage certificates. The husband-and-wife relationship shall be established as soon as they obtain the marriage certificates. A couple shall go through marriage registration if it has not done so.

According to Article 11: Where marriage is contracted by coercion, the coerced party may appeal to the marriage registration office or the People's Court for annulment of such marriage. Such an appeal for annulment of marriage made by the coerced party shall be submitted within one year from the date of marriage registration. Where the party concerned whose personal freedom is illegally restrained, such an appeal for annulment of marriage shall be submitted within one year from the date of the restoration of the personal freedom.

According to Article 31: Divorce shall be granted if husband and wife both desire it. Both parties shall apply to the marriage registration office for divorce. The marriage registration office, after clearly establishing that divorce is desired by both parties and that appropriate arrangements have been made for the care of any children and the disposition of property, shall issue the divorce certificates.

According to Article 35: If, after divorce, both parties desire to resume their husband-and-wife relationship, they shall apply for registration of remarriage with the marriage registration office.

Regulations on Marriage Registration

According to Paragraph 2 of Article 2: Authorities handling registration of marriages between Chinese citizens and foreigners and between Chinese inland residents and residents of the Hong Kong Special Administrative Region (hereinafter referred to as "Hong Kong residents"), residents of the Macau Special Administrative Region (hereinafter referred to as "Macau residents"), residents of Taiwan (hereinafter referred to as "Taiwan residents") or overseas Chinese are civil affairs authorities of people's governments of provinces, autonomous regions and municipalities directly under the Central Government, or authorities determined by people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

According to Paragraph 2 of Article 4: As for Chinese citizens who are to get married to foreigners in the Chinese mainland and Chinese inland residents who are to get married to Hong Kong residents, Macau residents, Taiwan residents or overseas Chinese in the Chinese mainland, both the man and woman shall handle marriage registration with the marriage registration office of the place where the permanent household of the Chinese inland resident is registered.

According to Article 9: In the case of marriage under intimidation, the coerced party applying to the marriage registration office for marriage cancelation in accordance with the provisions in Article 11 of the Marriage Law shall produce the following supporting materials: 1. his/her identity card and marriage certificate; and 2. materials proving the coerced marriage.

The marriage registration office shall cancel the marriage and declare the marriage certificates inva

Handling institution

(I) Name and authority of the handling institution

The Shanghai Municipal Marriage (Adoption) Registration Center shall be responsible for the registration of marriages (remarriages) between Shanghai residents and Hong Kong residents, Macau residents, Taiwan residents, overseas Chinese or foreigners, and their divorces, their marriage or divorce certificates re-issuance and annulment of their coerced marriages.

Shanghai Municipal Marriage (Adoption) Registration Center is a public institution affiliated to and wholly funded by the Shanghai Civil Affairs Bureau.

(II) Contents subject to examination and approval

1. Application for registration of marriages (remarriages) between Shanghai residents and Hong Kong residents, Macau residents, Taiwan residents, overseas Chinese, or foreigners;

2. Application for registration of divorce of Shanghai residents from Hong Kong residents, Macau residents, Taiwan residents, overseas Chinese, or foreigners;

3. Application by a party for re-issuance of marriage or divorce certificate;

4. Application for annulment of coerced marriage (where the original marriage registration handled with the Shanghai Civil Affairs Bureau)

(III) Legal effect

1. Marriage registration: confirm the applicants' marriage registration applications. Once the applicants obtain marriage certificates, their husband-and-wife relationship and other legal relations incurred based on the husband-and-wife relationship are established.

2. Divorce registration: once the applicants obtain divorce certificates, their husband-and-wife relationship and other legal relations incurred based on husband-and-wife relationship come to an end in accordance with the law;

3. Re-issuance of certificates: a party whose marriage or divorce certificate is lost or destroyed may apply for certificate re-issuance and thus obtains the marriage (divorce) certificate issued by the marriage registration office;

4. Annulment of coerced marriage: husband-and-wife relationship shall be void ab initio.

(IV) Objects to be granted with approval

Shanghai residents, Hong Kong residents, Macau residents, Taiwan residents, overseas Chinese, and foreigners.

Examination and Approval Conditions

(I) Conditions for approval

1. Conditions for approval of marriage (remarriage) registration (remarriage subject to handling procedures same as those for marriage)

1) both parties must reach the legal age for marriage, i.e., 22 years old for male and 20 years old for female;

2) each party must be voluntary and has no spouse;

3) both parties must have no relations of direct relatives or collateral relatives within three generations.

4) both parties must not suffer from an illness that is medically recognized to be not suitable for marriage;

5) one of the parties must be a permanent resident in Shanghai Municipality;

6) both parties must jointly apply to the Shanghai Municipal Marriage (Adoption) Registration Center for registration.

Conditions for non-approval of marriage (remarriage)

Marriage registration authorities shall reject an application for marriage registration if the parties applying for marriage registration are under any of the following circumstances:

1) under the legal age for marriage (i.e., 22 years old for male and 20 years old for female);

2) the marriage is not voluntary for both parties;

3) one of them or both of them are married;

4) they are direct relatives or collateral relatives within three generations; or

5) he/she suffers from an illness that is medically recognized to be not suitable for marriage;

2. Conditions for approval of divorce registration

1) both parties must intend to get divorced voluntarily;

2) both parties must have reached consensus on issues of child rearing and property and liability treatment;

3) the original marriage registration must be handled in mainland China or with the embassy (consulate) of the People's Republic of China in another country concerned;

4) both parties must have full capacity for civil conduct;

5) both parties must jointly apply to the Shanghai Municipal Marriage (Adoption) Registration Center for divorce registration. Conditions for non-approval of divorce registration

Marriage registration office shall reject an application for divorce registration if the parties applying for divorce registration are under any of the following circumstances:

1) where both parties fail to reach a divorce agreement;

2) where both parties handle marriage registration in a place other than mainland China or embassy (consulate) of China in another country, and require the handling of divorce registration in a marriage registration office in mainland China;

3) where the parties applying for divorce are foreigners, Hong Kong residents, Macau residents, Taiwan residents, overseas Chinese or persons going abroad and they require the handling of divorce registration with marriage registration office of mainland China;

4) where after marriage registration in mainland China, both parties have obtained legal qualification for residence , or long term or permanent right of residence, in the foreign country concerned or Hong Kong, Macao or Taiwan region, and have cancelled their household registration in mainland China;

5) where after marriage registration in mainland China, the name or identity card of either party concerned is inconsistent with the information filled at the time of marriage registration, and the party is unable to provide the relevant written evidentiary materials;

6) where a party concerned is unable to express his/her true will in Chinese and no third party translates it into Chinese, the parties shall submit divorce agreements in either Chinese or a foreign language as accepted by both parties;

7) Where a party concerned is a person without capacity for civil conduct or with limited capacity for civil conduct.

3. Conditions for approval of certificate re-issuance

1) the marriage or divorce certificate is lost or damaged (as stated by the party concerned);

2) the original marriage archives are kept in the Shanghai Civil Affairs Bureau or the Shanghai Civil Affairs Bureau has jurisdiction over the current marriage of the parties concerned;

3) the parties' marriage or divorce was registered in accordance with the law and such status is currently maintained;

4) the parties apply to the marriage registration office in person or by a proxy.

If a party concerned is unable to apply to the organ originally handling marriage registration for re-issue a marriage or divorce certificate for reason, he/she may entrust a proxy to apply. In such case, copies of the identity card of the party and the power of attorney, as notarized by the notary organ, shall be provided. The power of attorney shall specify the time when the party handles the marriage registration, the undertaking agency, his/her present marital status, the entrustment reason, and name and identity card number of the proxy. The proxy shall simultaneously submit his/her identity document (his/her valid resident identity card if he/she is a mainland resident; valid Identity Card for Hong Kong, Macau or Taiwan Residents if he/she is a Hong Kong, Macau or Taiwan resident; and his/her valid passport if he/she is an overseas Chinese or foreigner).

If the marriage registration archives are lost, the party concerned shall submit certificate that can prove his/her marital status. The record of husband-and-wife relationship in the household register, and certificate issued by the entity, villagers (neighborhood) committee or close relative and stating the applicant's marital status, can be used as the certificate of the applicant's marital status.

4. Conditions for annulment of coerced marriage

1) the marriage registration is handled with the same office;

2) the coerced party and the other party go to the registration office together to sign a statement in which they declare that they do not involve issues of child rearing, property and liability;

3) the application is filed within one year from the date of marriage registration or the date of the restoration of the personal freedom of the coerced party;

4) the party concerned holds: (1) his/her identity card and marriage certificate; (2) the written application for annulment of marriage; (3) the certificate issued by the public security organ to prove that the party has been abducted or traded or rescued, or the judgment made by the people's court proving that the party is coerced to marry.

Application Materials

(I) Form standards

The applicant of this administrative confirmation matter shall provide, according to requirements, complete application materials of complete contents and in valid forms.1. The applicant shall go to the reception hall of the Shanghai Municipal Marriage (Adoption) Registration Center and get the marriage (divorce) registration statement and fill in it on site. The sample of the statement can be downloaded from the website of Shanghai Civil Affairs Bureau (http://www.shmzj.gov.cn/ "form download" column) for reference by the parties concerned.

2. Application materials shall be submitted according to the requirements of these Guidelines. The information filled in the statement shall be completely consistent with the information in the identity document.

3. A certificate is "valid" if it is within the period of validity and issued by the competent authority with true contents.

(II) Table of Contents of application materials for administrative confirmation

1. Marriage (Remarriage)

2. Divorce

3. Certificate Re-issuance

4. Annulment of Coerced Marriage

(III) Names of the documents applied for

1. Marriage (Marriage resumption)

My Marriage Registration Statement (see the form downloaded)

2. Divorce

My Divorce Registration Statement (see the form downloaded)

My Divorce Agreement (see the form downloaded)

3. Re-issuance

Statement on Applying for Marriage Registration Certificate (see the form downloaded)

4. Revocation of forced marriage

Application for Marriage Revocation (see the form downloaded)

Approval Period

(I) Marriage registration, divorce registration and re-issuance

Acceptance time limit: accepted on the spot.

Handling time limit: completed on the spot.

(II) Revocation of forced marriage

Acceptance time limit: 5 working days

Handling time limit: 25 working days

(Note: if no application materials are required to be supplemented or corrected, the above acceptance time limit shall start from the date of receipt of the application materials.)

Examination and Approval of Certificates

The Marriage Certificate shall set out the registration authority and marriage registrar; holder, photo of both sides, registration date and marriage certificate number; names, gender, nationality, date of birth and ID number of both sides.

The Divorce Certificate shall set out the registration authority and marriage registrar; holder, photo of the holder, registration date and divorce certificate number; names, gender, nationality, date of birth and ID number of both sides.

Charging Basis and Standard

No charge is required for the examination and approval matter

Rights and Obligations of an Applicant

(I) An applicant shall enjoy the following rights in accordance with the law

1. The applicant has the right to know the catalogue of all materials required to be submitted in an application and the formal administrative licensing document and has the right to request the relevant explanation;

2. The applicant has the right to state and to defend in accordance with the law;

3 The applicant has the right to apply for administrative reconsideration or institute administrative proceedings in accordance with the law.

(II) An applicant shall fulfill the following obligations in accordance with the law

The applicant shall truthfully submit the relevant materials to the administrative organ and reflect the real circumstances, and shall be responsible for the authenticity of the essential contents of the application materials.

Consultation Channels

(I) Consultation through windows

1. Address: Marriage Registration Reception Hall, Shanghai Marriage (Adoption) Registration Center, 3/F, Everbright Convention & Exhibition Centre, No.82 Caobao Road, Shanghai

2. Time: 9:00-16:00 on Monday, Wednesday, Thursday, Friday and Saturday; 9:00-11:30 AM on Tuesday; overtime reception on January 1, May 1 and October 1 (except for other statutory holidays of the State)

(II) Enquiry by telephone

1. Reception tel.: 64325088 (manual services), 64325087 (24-hour voice services)

962200 (24 hour-services)

2. Time of manual services: 9:00-16:00 on Monday, Wednesday, Thursday, Friday and Saturday; 9:00-11:30 AM on Tuesday (except for statutory holidays of the State)

(III) Online enquiry

The "Online Enquiry" column on the website of the Shanghai Civil Affairs Bureau (http://www.shmzj.gov.cn/)

Complaint Channels

(I) Complaining through windows

1. Address of the Marriage Registration Reception Hall of the Shanghai Marriage (Adoption) Registration Center: 3/F, Everbright Convention & Exhibition Centre, No.82 Caobao Road, Shanghai

2. Address of the Petition Office of the Shanghai Municipal Bureau of Civil Affairs: No.193 Hankou Road

(II) Complaining by telephone

962200 (24 hour-services)

(III) Complaining through the Internet

The "Online Petition" column on the website of the Shanghai Civil Affairs Bureau (http://www.shmzj.gov.cn)

(IV) Complaining by letters

Name of the department accepting complaints: Petition Office of the Shanghai Municipal Bureau of Civil Affairs

Correspondence address: Building 6, No.300 Shibocun Road, Pudong New Area, Shanghai

Zip code: 200125

Handling Ways

(I) Marriage (marriage resumption) and divorce registration

1. Description of the business

(1) Handling process: the Shanghai Marriage (Adoption) Registration Center makes administrative recognition of applicants' application for marriage (marriage resumption) or divorce registration, and enquires orally the willingness of both applying sides and formally examines the certificates and evidentiary materials required for business handling according to the on-the-spot handling procedures, and decides whether to grant approval of marriage (divorce) registration on the spot in accordance with the provisions of the State on marriage registration; if registration is approved, the basic information of the applicants shall be input into the national marriage registration system, and marriage (divorce) certificates shall be made, signed and issued on the spot.

2. Applicable circumstances

Applicable to the applications for and handling of marriage (marriage resumption) and divorce registration.

(II) Re-issuance

(1) Handling process: the Shanghai Marriage (Adoption) Registration Center makes administrative recognition of applicants' application for the re-issuance of marriage registration certificates, and formally examines the certificates and evidentiary materials of both sides for the business being handled and enquires on the spot whether marriage is existing and according to the on-the-spot handling procedures, and decides whether to re-issue the marriage registration certificates in accordance with the provisions of the State on marriage registration; if re-issuance is approved, the basic information of the applicants shall be input into the national marriage registration system, and marriage (divorce) certificates shall be made, signed and issued on the spot.

(2) Examination method: written examination

Applicable to the applications for and handling of the re-issuance of marriage registration certificates.

(III) Revocation of forced marriage

1. Description of the business

(1) Handling process: the Shanghai Marriage (Adoption) Registration Center examines the applications filed by the parties of forced marriage registered with the center for the revocation of the registration of forced marriage according to general procedures in accordance with the law; if the certificates and evidentiary materials submitted by the parties comply with the provisions of the State on the revocation of forced marriage, the Shanghai Marriage (Adoption) Registration Center reports to the Shanghai Civil Affairs Bureau for approval and issues a revocation decision; the Shanghai Marriage (Adoption) Registration Center serves the decision on both parties, inputs the basic information of the applicants in the national marriage registration system, and releases an announcement on the marriage registration bulletin for 30 days. If the applications do not comply with the requirements for the revocation of forced marriage, the parties shall be notified of reasons therefor and that they may request to a people's court for revoking forced marriage.

2. Applicable circumstances

Applicable to the applications for and handling of the revocation of forced marriage.

Handling Ways

If forced marriage is decided to be revoked, such decision shall be publicized on the marriage registration bulletin (marriage registration center) for 30 days.

Workflow

l-1-Schematic diagram of the foreign-related marriage (marriage resumption) and divorce registration workflowv

l-2-Schematic diagram of the workflow for foreign-related re-issuance of marriage registration certificates

l-3-Schematic diagram of the workflow for foreign-related revocation of forced marriage registration certificates

 
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