Provisions for Marriage Between Chinese Citizens & Foreigner

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Provisions for Marriage Between Chinese Citizens & Foreigner

Postby InKunming on Wed Oct 12, 2011 3:25 pm

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 marry foreigners:

(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 to the 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.
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Re: Provisions for Marriage Between Chinese Citizens & Forei

Postby jjohnston2020 on Mon Nov 21, 2011 7:31 am

My fiancee is Chinese citizen with F1 visa and we are getting married in May here in America. But after that we are going to China to see her parents and have another wedding reception. What's the best way to register our marriage there, what papers will we need? Do this papers need translation?
Never give up, learn how to save your marriage. Everyone wants to be an overcomer, but nobody wants anything to overcome.
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Re: Provisions for Marriage Between Chinese Citizens & Forei

Postby InKunming on Tue Nov 22, 2011 2:33 pm

涉外婚姻登记
  中国公民同外国人(包括长驻我国和临时来华的外国人、外籍华人、定居我国的侨民)在中国境内自愿结婚的,男女双方当事人必须共同到中国公民一方户口所在地的省、自治区、直辖市人民政府指定的婚姻登记机关申请登记。
有关涉外婚姻登记的几项规定

一.中国公民同外国人(包括长驻我国和临时来华的外国人、外籍华人、定居我国的侨民)在中国境内自愿结婚的,男女双方当事人必须共同到中国公民一方户口所在地的省、自治区、直辖市人民政府指定的婚姻登记机关申请登记。

二.申请结婚登记的男女双方,必须遵守中华人民共和国婚姻法和本规定的有关条款。

三.申请结婚登记的中国公民和外国人,须分别持有下列证件:

甲.中国公民:

(一)本人的户籍证明(包括身份证);

(二)本人户口所在地的县级人民政府或工作所在单位的县级以上机关、学校、事业、企业单位出具的本人姓名、性别、出生年月、民族、婚姻状况(未婚、离婚、丧偶)、职业、工作性质、申请与何人结婚的证明。

乙.外国人:

(一)本人护照或其他身份、国籍证件;

(二)公安机关签发的《外国人居留证》,或外事部门颁发的身份证件,或临时来华的入境、居留证件;

(三)经本国外交部(或外交部授权机关)婚姻状况证明。

丙.外国侨民:

(一)本人护照或代替护照的身份、国籍证件(无国籍免交)

(二)公安机关签发的《外国人居留证》;

(三)本人户口所在地县级人民政府或工作所在单位的县级以上机关、学校、事业、企业单位出具的本人姓名、性别、出生年月、婚姻状况、职业、申请与何人结婚的证明。此外,申请结婚的男女双方,还须提交婚姻登记机关指定医院出具的婚前健康检查证明。

四.下列中国公民不准同外国人结婚;

(一)现役军人、外交人员、公安人员、机要人员和其他掌握重大机密的人员;

(二)正在接受劳动教养和服刑的人。

五.凡证件齐全、符合本规定的中国公民和外国人,可持证件和男女双方照片,到婚姻登记机关提出申请。经婚姻登记机关审查了解,符合中华人民共和国婚姻法和本规定的准予登记,一个月内办理登记手续,发给结婚证。结婚证须贴有男女双方当事人照片,并加盖办理涉外婚姻登记的县级以上人民政府婚姻登记专用章(钢印)。

六.中国公民和外国人在华要求离婚的,应按中华人民共和国《民事诉讼》有关规定,向该管人民法院提出离婚诉讼。要求复婚的,按结婚办理。

七.申请结婚的中国公民和外国人应向婚姻登记机关交纳婚姻证书工本费和登记手续费。所需翻译费由本人自理。
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Re: Provisions for Marriage Between Chinese Citizens & Forei

Postby InKunming on Tue Nov 22, 2011 2:42 pm

jjohnston2020 wrote:My fiancee is Chinese citizen with F1 visa and we are getting married in May here in America. But after that we are going to China to see her parents and have another wedding reception. What's the best way to register our marriage there, what papers will we need? Do this papers need translation?


凡在外国缔结的婚姻关系被上述各条认定为有效的,不必在中国境内办理结婚登记或承认手续。依照婚姻缔结地法律结婚的婚姻证件在中国境内使用,应在婚姻缔结地办理公证和该国外交部或外交部授权的机关认证,并经中国驻该国使、领馆认证。

If you have got your marriage registered in America, you will not need to register in China again. But you need recognition from the Embassy
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Re: Provisions for Marriage Between Chinese Citizens & Forei

Postby jjohnston2020 on Wed Nov 23, 2011 10:38 am

I see, thank you.
Never give up, learn how to save your marriage. Everyone wants to be an overcomer, but nobody wants anything to overcome.
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Re: Provisions for Marriage Between Chinese Citizens & Forei

Postby InKunming on Wed Dec 14, 2011 4:01 pm

you are welcome
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