Laws, Regulations

Decision of the Standing Committee of the National People's Congress on the amendment to the Marriage Law of the People's Republic of China

(Adopted at the 21st Meeting of the Standing Committee of the Ninth National People's Congress on April 28, 2001)

At its 21st Meeting, the Standing Committee of the Ninth National People's Congress decides to make the following amendments to the Marriage Law of the People's Republic of China:

1. The second paragraph of Article 3 is amended to read: "Bigamy shall be prohibited. Anyone who has a spouse shall be prohibited to cohabit with another person of the opposite sex. Family violence shall be prohibited. Maltreatment and desertion of one family member by another shall be prohibited."

2. One article is added as Article 4, which reads: "Husband and wife shall be loyal to each other and respect each other; family members shall respect the old and cherish the young, help each other, maintain the marriage and family relationship characterized by equality, harmony and civility".

3. Article 6 is changed to be Article 7 and the second paragraph is amended to read: "(2) if the man or the woman is suffering from any disease which is regarded by medical science as rending a person unfit for marriage".

4. Article 7 is changed as Article 8, which is amended to read: "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 with 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".

5. Article 8 is changed as Article 9, which is amended: "After a marriage has been registered, the woman may become a member of the man's family or vice versa, depending on the agreed wishes of the two parties".

6. One article is added as Article 10: "the marriage shall be invalid if:

"(1) either of the married parties commits bigamy;

"(2) there is the prohibited degree of kinship between the married parties;

"(3) before marriage either of the parties is suffering from a disease which is regarded by medical science as rending a person unfit for marriage and which has not yet been cured after marriage; or

"(4) one of the married parties has not reached the statutory age for marriage".

7. One article is added as 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."

8. One article is added as Article 12: "Any marriage that is invalidated or annulled is null and void from the very beginning. The parties concerned are devoid of any rights or duties of a husband and a wife. The property acquired by them during the period of their cohabitation shall be disposed of by agreement between the parties; if they fail to reach an agreement, the People's Court shall make a judgment on the principle of giving consideration to the unerring party. Where property is to be disposed of because marriage is invalidated as a result of bigamy, the rights and interests in respect of the property enjoyed by the party under lawful contract of marriage may not be encroached on. With regard to the children born by the party concerned, the provisions of this Law on parents and children shall apply."

9. Article 13 is changed as Article 17, and its first paragraph is amended: "The following property acquired by the husband and the wife during the period in which they are under contract of marriage shall be in their joint possession:

"(1) wages and bonuses;

"(2) proceeds of production and business operation;

"(3) incomes of intellectual property rights;

"(4) property acquired from inheritance or presentation, with the exception of such property as stipulated by the provisions of the third item of Article 18 of this Law; and

"(5) other property which should be in their joint possession".

10. One article is added as Article 18: "The property in the following cases shall belong to one party of the couple:

"(1) the property that belongs to one party before marriage;

"(2) payments for medical expenses received by one party who suffers physical injury, subsidies for living expenses granted to the disabled subsidies, etc.

"(3) the property to be in the possession of one party as determined by will or by an agreement on gift;

"(4) articles for daily use specially used by one party; and

"(5) other property which should be in the possession of one party".

11. One article is added as Article 19: "The husband and the wife may conclude an agreement that the property acquired by them during the period in which they are under contract of marriage and the property acquired before marriage shall be in their respective possession separately or jointly or part of the property shall be in their possession separately and the other part jointly. Such an agreement shall be in written form. Where such an agreement is lacking, or the provisions in the agreement are not clear, the provisions of Articles 17 and 18 of this Law shall apply.

"The agreement concluded by the husband and the wife with regard to the property acquired during the period in which they are under contract of marriage and the property acquired before marriage shall be binding on both parties.

"Where the husband and the wife agree that the property acquired by them during the period in which they are under contract of marriage shall be in their possession separately, debts contracted by the husband or the wife shall be paid off with the property in the possession of the party of the husband or the wife, if the third person knows that there is such an agreement."

12. Article 15 is changed as Article 21, and its fourth paragraph is revised: "Infanticide by drowning, abandonment of infants and all other acts causing serious harm to infants shall be prohibited."

13. Article 16 is changed as Article 22, which is amended: "Children may adopt either their father's or their mother's surname".

14. Article 17 is changed as Article 23, which is amended: "Parents shall have the right and duty to protect and educate their children who are minors. If children who are minors cause damage to the State, the collective or individuals, their parents shall have the duty to bear civil liability."

15. Article 19 is changed as Article 25, and its second paragraph is amended: "The natural father or mother who does not directly bring up a child born out of wedlock shall bear the child's living and educational expenses until the child can live on his or her own."

16. Article 22 is changed as Article 28, which is amended: "Grandparents and maternal grandparents who can afford it shall have the duty to bring up their grandchildren and maternal grandchildren who are minors and whose parents are dead or have no means to bring them up. Grandchildren and maternal grandchildren who can afford it shall have the duty to support their grandparents and maternal grandparents whose children are dead or have no means to support them."

17. Article 23 is changed as Article 29, which is amended: "Elder brothers and elder sisters who can afford it shall have the duty to maintain their younger brothers and sisters who are minors, if their parents are dead or have no means to bring them up. Younger brothers or sisters who are brought up by their elder brothers or sisters and can afford it shall have the duty to maintain their elder brothers or sisters who lack not only the ability to work but also source of income."

18. One article is added as Article 30: "Children shall respect their parents' right of marriage, they are not allowed to interfere in the re-marriage of their parents or their life after re-marriage. The duty of the children for supporting their parents shall come not to an end with the change in the marriage contract of their parents."

19. Article 24 is changed as Article 31, which is amended: "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."

20. Article 25 is changed as Article 32, and two paragraphs are added as it's third and fourth paragraphs: "In one of the following cases, divorce shall be granted if mediation fails:

"(1) where one party commits bigamy or cohabits with another person of the opposite sex;

"(2) where one party indulges in family violence or maltreats or abandons family members ;

"(3) where one party indulges in the gambling, drug taking, etc. and refuses to reform after repeated persuasion;

"(4) where both parties have separated from each other for two full years for lack of mutual affection;

"(5) other cases which lead to the shattering of affection between husband and wife.

"Where one party is declared to be missing and the other party starts divorce proceedings, divorce shall be granted".

21. Article 26 is changed as Article 33, which is amended: "If the spouse of a soldier in active service desires a divorce, the matter shall be subject to the soldier's consent, unless the soldier has made grave errors."

22. Article 27 is changed as Article 34, which is amended: "A husband may not apply for a divorce when his wife is pregnant, or within one year after the birth of the child, or within six months after the termination of her gestation. This restriction shall not apply in cases where the wife applies for a divorce, or where the People's Court deems it necessary to accept the divorce application made by the husband."

23. Article 28 is changed as Article 35, which is amended: "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."

24. Article 29 is changed as Article 36, and its first paragraph is amended: "The relationship between parents and children shall not come to an end with the parents' divorce. After divorce, whether the children are directly put in the custody of the father or the mother, they shall remain the children of both parents."

25. One article is added as Article 38: "After divorce, the father or the mother who does not directly bring up the child shall have the right to visit his or her child, and the other party shall have the duty to cooperate.

"The manner and time for exercising the right to visit a child shall be decided by the parties through consultation; if they fail to reach an agreement upon in this regard, the People's Court shall make a judgment.

"Where the visit to a child paid by the father or the mother is not conducive to the physical and mental health of the child, the People's Court shall terminate the right to visit; after the cause of such termination disappears, the right to pay visit to the child shall be resumed."

26. Article 31 is changed as Article 39, which is amended: "At the time of divorce, the husband and the wife shall seek agreement regarding the disposition of their jointly possessed property. If they fail to reach an agreement, the People's Court shall, on the basis of the actual circumstances of the property and on the principle of taking into consideration the rights and interests of the child and the wife, make a judgment."

One paragraph is added as its second paragraph: "The rights and interests enjoyed by the husband or the wife in contracting land management on a household basis shall be protected in accordance with law."

27. One article is added as Article 40: "Where the husband and the wife agree in writing that the property acquired by them during the period in which they are under contract of marriage is in their separate possession, if one party has performed more duties in respect of bringing up the child, taking care of the old and assisting the other party in work, it shall, at the time of divorce, have the right to request the other party to make compensation for the above, and the other party shall do so accordingly."

28. Article 32 is changed as Article 41, which is amended: "At the time of divorce, debts incurred jointly by the husband and the wife during their married life shall be paid off jointly by them. Where their jointly possessed property is insufficient to pay the debts, or the property is in their separate possession, the two parties shall discuss alternative ways of payment; if they fail to reach an agreement, the People's Court shall make a judgment."

29. Article 33 is changed as Article 42, which is amended: "If, at the time of divorce, one party has difficulty in supporting himself or herself, the other party shall render appropriate assistance with his or her own property such as his or her residential house. Specific arrangements shall be made by both parties through consultation. If they fail to reach an agreement, the People's Court shall make a judgment."

30. The chapter of "Selvage Measures and Legal Liability" is added as Chapter V, and six articles are added as Articles 43, 44, 45, 46, 47 and 49:

(I) "Article 43 Where a person indulges in family violence or maltreats a family member, the victim shall have the right to advance a request; the neighborhood committee, villagers committee or the unit where they belong to, shall persuade the person to stop doing it and conduct mediation.

"Where a person is committing family violence, the victim shall have the right to advance a request; the neighborhood committee or the villagers committee shall persuade the person to stop doing it; the public security organ shall stop such violence.

"Where the victim advances a request, the public security organ shall, in accordance with the legal provisions on administrative penalties for public security, impose an administrative penalty on the person who commits family violence or maltreatment of a family member."

(II) "Article 44 The family member who is abandoned shall have the right to advance a request and the neighborhood committee, villagers committee or the unit where they belong to, shall persuade the person to stop doing it and conduct mediation.

"Where the abandoned family member advances a request, the People's Court shall, in accordance with law, make the judgment on payment by the person who abandons the family member to the victim for the costs of maintenance, upbringing or support."

(III) "Article 45 The person who commits bigamy, family violence, maltreatment or abandonment of a family member, if it constitutes a crime, shall be investigated for criminal responsibility in accordance with law. The victim may, in accordance with relevant provisions of the Criminal Procedure Law, lodge a private prosecution with the People's Court; the public security organ shall investigate the case in accordance with law, and the People's Procuratorate shall institute public prosecution in accordance with law."

(IV) "Article 46 Where one of the following circumstances leads to divorce, the unerring party shall have the right to claim compensation:

"(1) bigamy is committed;

"(2) one party who has a spouse cohabits with another person of the opposite sex;

"(3) family violence is committed; or

"(4) a family member is maltreated or abandoned."

(V) "Article 47 If, at the time of divorce, one party conceals, transfers, sells off or destroys the property in the joint possession of the couple, or forge debts in an attempt to encroach upon the property of the other party, the former may get less or no property when the property in the joint possession of the couple is partitioned. After divorce, if the other party discovers the above, it may bring a suit in the People's Court to demand re-partition of the property in the joint possession of the couple.

"With respect to acts that hinder civil procedures as mentioned in the preceding paragraph, the People's Court shall mete out sanctions in accordance with the provisions of the Civil Procedure Law."

(VI) "Article 49 Where there are other provisions by other laws on illegal acts against marriage or family and on legal liability for the acts, such provisions shall apply."

31. Article 34 is deleted.

32. Article 35 is changed as Article 48, which is amended: "Where a person refuses to abide by the judgment or ruling on the costs of maintenance, upbringing or support payments, or on the partitioning or inheritance of property, or visit to a child, the People's Court shall enforce the execution of the judgment or ruling in accordance with law. The individuals and unit concerned shall have the duty to assist such execution."

33. Article 36 is changed as Article 50, which is amended: "The people's congresses of national autonomous areas shall have the power to formulate adaptations in the light of the specific conditions of the local nationalities in regard to marriage and family. Adaptations formulated by autonomous prefectures and autonomous counties shall go into effect only after approval by the standing committee of the people's congress of the relevant province, autonomous region, or municipality directly under the Central Government. Adaptations formulated by autonomous regions shall go into effect only after approval by the Standing Committee of the National People's Congress."

34. This Decision shall go into effect as of the date of its promulgation.

The Marriage Law of the People's Republic of China shall be amended respectively according to this Decision, the order of its articles shall be adjusted correspondingly, and it shall be re-promulgated.

Marriage Law of the People's Republic of China

(Adopted at the Third Session of the Fifth National People's Congress on September 10, 1980, and amended on the basis of the Decision on the Amendment to the Marriage Law of the People's Republic of China, adopted at the 21th Meeting of the Standing Committee of the Ninth National People's Congress on April 28, 2001)

Contents

Chapter I General Provisions

Chapter II Marriage Contract

Chapter III Family Relations

Chapter IV Divorce

Chapter V Salvage Measures and Legal Liability

Chapter VI Supplementary Provisions

Chapter I

General Provisions

Article 1 This Law is the fundamental code governing marriage and family relations.

Article 2 A marriage system based on the free choice of partners, on monogamy and on equality between man and woman shall be applied.

The lawful rights and interests of women, children and old people shall be protected.

Family planning shall be practised.

Article 3 Marriage upon arbitrary decision by any third party, mercenary marriage and any other acts of interference in the freedom of marriage shall be prohibited. The exaction of money or gifts in connection with marriage shall be prohibited.

Bigamy shall be prohibited. Anyone who has a spouse shall be prohibited to cohabit with another person of the opposite sex. Family violence shall be prohibited. Maltreatment and desertion of one family member by another shall be prohibited.

Article 4 Husband and wife shall be loyal to each other and respect each other; family members shall respect the old and cherish the young, help each other, and maintain the marriage and family relationship characterized by equality, harmony and civility.

Chapter II

Marriage Contract

Article 5 Marriage must be based upon the complete willingness of both man and woman. Neither party may use compulsion on the other party, and no third party may interfere.

Article 6 No marriage may be contracted before the man has reached 22 years of age and the woman 20 years of age. Late marriage and late childbirth shall be encouraged.

Article 7 No marriage may be contracted under any of the following circumstances:

(1) if the man and the woman are lineal relatives by blood, or collateral relatives by blood up to the third degree of kinship; or

(2) if the man or the woman is suffering from any disease which is regarded by medical science as rending a person unfit for marriage.

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 with 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.

Article 9 After a marriage has been registered, the woman may become a member of the man's family or vice versa, depending on the agreed wishes of the two parties.

Article 10 the marriage shall be invalid if:

(1) either of the married parties commits bigamy;

(2) there is the prohibited degree of kinship between the married parties;

(3) before marriage either of the parties is suffering from a disease which is regarded by medical science as rending a person unfit for marriage and which has not yet been cured after marriage; or

(4) one of the married parties has not reached the statutory age for marriage.

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.

Article 12 Any marriage that is invalidated or annulled is null and void from the very beginning. The parties concerned are devoid of any rights or duties of a husband and a wife. The property acquired by them during the period of their cohabitation shall be disposed of by agreement between the parties; if they fail to reach an agreement, the People's Court shall make a judgment on the principle of giving consideration to the unerring party. Where property is to be disposed of because marriage is invalidated as a result of bigamy, the rights and interests in respect of the property enjoyed by the party under lawful contract of marriage may not be encroached on. With regard to the children born by the party concerned, the provisions of this Law on parents and children shall apply.

Chapter III

Family Relations

Article 13 Husband and wife shall have equal status in the family.

Article 14 Both husband and wife shall have the right to use his or her own surname and given name.

Article 15 Both husband and wife shall have the freedom to engage in production and other work, to study and to participate in social activities; neither party shall restrict or interfere with the other party.

Article 16 Both husband and wife shall have the duty to practise family planning.

Article 17 The following property acquired by the husband and the wife during the period in which they are under contract of marriage shall be in their joint possession:

(1) wages and bonuses;

(2) proceeds of production and business operation;

(3) incomes of intellectual property rights;

(4) property acquired from inheritance or presentation, with the exception of such property as stipulated by the provisions of the third item of Article 18 of this Law; and

(5) other property which should be in their joint possession.

Husband and wife shall enjoy equal rights in the disposition of their jointly possessed property.

Article 18 The property in the following cases shall belong to one party of the couple:

(1) the property that belongs to one party before marriage;

(2) payments for medical expenses received by one party who suffers physical injury, subsidies for living expenses granted to the disabled subsidies, etc.;

(3) the property to be in the possession of one party as determined by will or by an agreement on gift;

(4) articles for daily use specially used by one party; and

(5) other property which should be in the possession of one party.

Article 19 The husband and the wife may conclude an agreement that the property acquired by them during the period in which they are under contract of marriage and the property acquired before marriage shall be in their respective possession separately or jointly or part of the property shall be in their possession separately and the other part jointly. Such an agreement shall be in written form. Where such an agreement is lacking, or the provisions in the agreement are not clear, the provisions of Articles 17 and 18 of this Law shall apply.

The agreement concluded by the husband and the wife with regard to the property acquired during the period in which they are under contract of marriage and the property acquired before marriage shall be binding on both parties.

Where the husband and the wife agree that the property acquired by them during the period in which they are under contract of marriage shall be in their possession separately, debts contracted by the husband or the wife shall be paid off with the property in the possession of the party of the husband or the wife, if the third person knows that there is such an agreement.

Article 20 Husband and wife shall have the duty to maintain each other.

If one party fails to perform this duty, the party in need of maintenance shall have the right to demand maintenance payments from the other party.

Article 21 Parents shall have the duty to bring up and educate their children; children shall have the duty to support and assist their parents.

If parents fail to perform their duty, children who are minors or are not capable of living on their own shall have the right to demand the costs of upbringing from their parents.

If children fail to perform their duty, parents who are unable to work or have difficulty in providing for themselves shall have the right to demand support payments from their children.

Infanticide by drowning, abandonment of infants and all other acts causing serious harm to infants shall be prohibited.

Article 22 Children may adopt either their father's or their mother's surname.

Article 23 Parents shall have the right and duty to protect and educate their children who are minors. If children who are minors cause damage to the State, the collective or individuals, their parents shall have the duty to bear civil liability.

Article 24 Husband and wife shall have the right to inherit each other's property.

Parents and children shall have the right to inherit each other's property.

Article 25 Children born out of wedlock shall enjoy the same rights as children born in wedlock. No one may harm or discriminate against them.

The natural father or mother who does not directly bring up a child born out of wedlock shall bear the child's living and educational expenses until the child can live on his or her own.

Article 26 The State shall protect lawful adoption. The relevant provisions of this Law governing the relationship between parents and children shall apply to the rights and duties in the relationship between foster-parents and foster-children.

The rights and duties in the relationship between a foster-child and his natural parents shall terminate with the establishment of his adoption.

Article 27 Maltreatment and discrimination shall not be allowed between step-parents and step-children.

The relevant provisions of this Law governing the relationship between parents and children shall apply to the rights and duties in the relationship between step-fathers or step-mothers and their step-children who receive care and education from them.

Article 28 Grandparents and maternal grandparents who can afford it shall have the duty to bring up their grandchildren and maternal grandchildren who are minors and whose parents are dead or have no means to bring them up. Grandchildren and maternal grandchildren who can afford it shall have the duty to support their grandparents and maternal grandparents whose children are dead or have no means to support them.

Article 29 Elder brothers and elder sisters who can afford it shall have the duty to maintain their younger brothers and sisters who are minors, if their parents are dead or have no means to bring them up. Younger brothers or sisters who are brought up by their elder brothers or sisters and can afford it shall have the duty to maintain their elder brothers or sisters who lack not only the ability to work but also source of income.

Article 30 Children shall respect their parents' right of marriage, they are not allowed to interfere in the re-marriage of their parents or their life after re-marriage. The duty of the children for supporting their parents shall come not to an end with the change in the marriage contract of their parents.

Chapter IV

Divorce

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.

Article 32 If one party alone desires a divorce, the organization concerned may carry out mediation or the party may appeal directly to a People's Court to start divorce proceedings.

In dealing with a divorce case, the People's Court shall carry out mediation; divorce shall be granted if mediation fails because mutual affection no longer exists.

In one of the following cases, divorce shall be granted if mediation fails:

(1) where one party commits bigamy or cohabits with another person of the opposite sex;

(2) where one party indulges in family violence or maltreats or abandons family members ;

(3) where one party indulges in the gambling, drug taking, etc. and refuses to reform after repeated persuasion;

(4) where both parties have separated from each other for two full years for lack of mutual affection;

(5) other cases which lead to the shattering of affection between husband and wife.

Where one party is declared to be missing and the other party starts divorce proceedings, divorce shall be granted.

Article 33 If the spouse of a soldier in active service desires a divorce, the matter shall be subject to the soldier's consent, unless the soldier has made grave errors.

Article 34 A husband may not apply for a divorce when his wife is pregnant, or within one year after the birth of the child, or within six months after the termination of her gestation. This restriction shall not apply in cases where the wife applies for a divorce, or where the People's Court deems it necessary to accept the divorce application made by the husband.

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.

Article 36 The relationship between parents and children shall not come to an end with the parents' divorce. After divorce, whether the children are directly put in the custody of the father or the mother, they shall remain the children of both parents.

After divorce, both parents shall still have the right and duty to bring up and educate their children.

In principle, the mother shall have the custody of a breast-fed infant after divorce. If a dispute arises between the two parents over the custody of their child who has been weaned and they fail to reach an agreement, the People's Court shall make a judgment in accordance with the rights and interests of the child and the actual conditions of both parents.

Article 37 If, after divorce, one parent has been given custody of a child, the other parent shall bear part or the whole of the child's necessary living and educational expenses. The two parents shall seek agreement regarding the amount and duration of such payment. If they fail to reach an agreement, the People's Court shall make a judgment.

The agreement or court judgment on the payment of a child's living and educational expenses shall not prevent the child from making a reasonable request, when necessary, to either parent for an amount exceeding what is decided upon in the said agreement or judgment.

Article 38 After divorce, the father or the mother who does not directly bring up the child shall have the right to visit his or her child, and the other party shall have the duty to cooperate.

The manner and time for exercising the right to visit a child shall be decided by the parties through consultation; if they fail to reach an agreement upon in this regard, the People's Court shall make a judgment.

Where the visit to a child paid by the father or the mother is not conducive to the physical and mental health of the child, the People's Court shall terminate the right to visit; after the cause of such termination disappears, the right to pay visit to the child shall be resumed.

Article 39 At the time of divorce, the husband and the wife shall seek agreement regarding the disposition of their jointly possessed property. If they fail to reach an agreement, the People's Court shall, on the basis of the actual circumstances of the property and on the principle of taking into consideration the rights and interests of the child and the wife, make a judgment.

The rights and interests enjoyed by the husband or the wife in contracting land management on a household basis shall be protected in accordance with law.

Article 40 Where the husband and the wife agree in writing that the property acquired by them during the period in which they are under contract of marriage is in their separate possession, if one party has performed more duties in respect of bringing up the child, taking care of the old and assisting the other party in work, it shall, at the time of divorce, have the right to request the other party to make compensation for the above, and the other party shall do so accordingly.

Article 41 At the time of divorce, debts incurred jointly by the husband and the wife during their married life shall be paid off jointly by them. Where their jointly possessed property is insufficient to pay the debts, or the property is in their separate possession, the two parties shall discuss alternative ways of payment; if they fail to reach an agreement, the People's Court shall make a judgment.

Article 42 If, at the time of divorce, one party has difficulty in supporting himself or herself, the other party shall render appropriate assistance with his or her own property such as his or her residential house. Specific arrangements shall be made by both parties through consultation. If they fail to reach an agreement, the People's Court shall make a judgment.

Chapter V

Selvage Measures and Legal Liability

Article 43 Where a person indulges in family violence or maltreats a family member, the victim shall have the right to advance a request; the neighborhood committee, villagers committee or the unit where they belong to, shall persuade the person to stop doing it and conduct mediation.

Where a person is committing family violence, the victim shall have the right to advance a request; the neighborhood committee or the villagers committee shall persuade the person to stop doing it; the public security organ shall stop such violence.

Where the victim advances a request, the public security organ shall, in accordance with the legal provisions on administrative penalties for public security, impose an administrative penalty on the person who commits family violence or maltreatment of a family member.

Article 44 The family member who is abandoned shall have the right to advance a request and the neighborhood committee, villagers committee or the unit where they belong to, shall persuade the person to stop doing it and conduct mediation.

Where the abandoned family member advances a request, the People's Court shall, in accordance with law, make the judgment on payment by the person who abandons the family member to the victim for the costs of maintenance, upbringing or support.

Article 45 The person who commits bigamy, family violence, maltreatment or abandonment of a family member, if it constitutes a crime, shall be investigated for criminal responsibility in accordance with law. The victim may, in accordance with relevant provisions of the Criminal Procedure Law, lodge a private prosecution with the People's Court; the public security organ shall investigate the case in accordance with law, and the People's Procuratorate shall institute public prosecution in accordance with law.

Article 46 Where one of the following circumstances leads to divorce, the unerring party shall have the right to claim compensation:

(1) bigamy is committed;

(2) one party who has a spouse cohabits with another person of the opposite sex;

(3) family violence is committed; or

(4) a family member is maltreated or abandoned.

Article 47 If, at the time of divorce, one party conceals, transfers, sells off or destroys the property in the joint possession of the couple, or forge debts in an attempt to encroach upon the property of the other party, the former may get less or no property when the property in the joint possession of the couple is partitioned. After divorce, if the other party discovers the above, it may bring a suit in the People's Court to demand re-partition of the property in the joint possession of the couple.

With respect to acts that hinder civil procedures as mentioned in the preceding paragraph, the People's Court shall mete out sanctions in accordance with the provisions of the Civil Procedure Law.

Article 48 Where a person refuses to abide by the judgment or ruling on the costs of maintenance, upbringing or support payments, or on the partitioning or inheritance of property, or visit to a child, the People's Court shall enforce the execution of the judgment or ruling in accordance with law. The individuals and unit concerned shall have the duty to assist such execution.

Article 49 Where there are other provisions by other laws on illegal acts against marriage or family and on legal liability for the acts, such provisions shall apply.

Chapter VI

Supplementary Provisions

Article 50 The people's congresses of national autonomous areas shall have the power to formulate adaptations in the light of the specific conditions of the local nationalities in regard to marriage and family. Adaptations formulated by autonomous prefectures and autonomous counties shall go into effect only after approval by the standing committee of the people's congress of the relevant province, autonomous region, or municipality directly under the Central Government. Adaptations formulated by autonomous regions shall go into effect only after approval by the Standing Committee of the National People's Congress.

Article 51 This Law shall go into effect as of January 1, 1981.

The Marriage Law of the People's Republic of China promulgated on May 1, 1950 shall be invalidated as of the date when this Law goes into effect.

Notice: All copyrights of the English version of the Orders of the President of the People's Republic of China released on gov.cn belong to the Legislative Affairs Commission of the Standing Committee of the National People's Congress of the People's Republic of China.

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 and those who come to China for a short visit, Chinese of foreign nationality, and foreigners who have settled down in China) decide to get married of their own free will within the boundaries of China, both the man and the woman concerned shall appear together at the marriage registration department, designated by the province, autonomous region, or municipality directly under the Central Government, and stationed in the locality where the Chinese citizen has his/her residence registration and apply for marriage registration.

2. Both the man and the woman, who apply for marriage registration, shall abide by the Marriage Law of the People's Republic of China and the pertinent articles and items of these Provisions.

3. Chinese citizens and foreigners who apply for marriage registration shall 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 the county level or above which is stationed in the locality where the applicant has his/her residence registration, or by a government department, a school, an institution, or an enterprise at the county level or above, which is the applicant'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 identity and citizenship;

(2) "Residence Permit for Foreigners" signed and issued by the public security department, or identification certificate issued by foreign affairs department, or entry permit and residence permit for foreigners who come to China for a short stay;

(3) marital status certification issued by the notary office of the applicant's country and confirmed by both the Ministry of Foreign Affairs (or a department authorized by the Ministry of Foreign Affairs) of the applicant's country and the Chinese embassy or consulate in the said foreign country; or marital status certification issued by the embassy or consulate of the said foreign country in China.

C. For resident foreigners in China:

(1) the applicant's passport, or identification certificate or nationality certificate 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 public security department;

(3) certificate signed and issued either by the people's government at the county level or above, which is stationed in the locality where the applicant has his/her residence registration, or by a government department, a school, an institution, or an enterprise at the county level or above, which is the applicant'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 registration shall also present the pre-marital health check-up report signed and issued by a hospital designated by the marriage registration department.

4. The following Chinese citizens shall not be permitted to marry foreigners:

(1) army men in active service, diplomatic personnel, public security personnel, confidential personnel, and other personnel who are in charge of important confidential work;

(2) persons who are receiving reeducation through labor or serving a sentence.

5. Chinese citizens and foreigners, who hold all the required certificates and accord with these Provisions, may present their certificates and photos to the marriage registration department and make an application. The marriage registration department, after examining the application and confirming through investigation that the application conforms to the Marriage Law of the People's Republic of China and to these Provisions, shall give the applicants the permission to register, and to go through the registration procedures within 1 month; and then the marriage registration department shall issue the marriage certificate to them. The marriage certificate shall be attached with the 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 the county level or above which handles the registration of marriage between Chinese and foreign nationals.

6. If a Chinese citizen and a foreigner request a divorce in China, they shall, in accordance with the pertinent provisions of "The Civil Procedure Law of the People's Republic of China (for Trial Implementation)", file a divorce suit with the appropriate People's Court. Those who wish to resume marriage relationship shall go through the same registration procedures as those for marriage.

7. Chinese citizens and foreigners who apply for marriage registration shall pay for the cost of marriage certificates and also pay registration service charge. The expenses for interpretation service shall be borne by the applicants.

8. These Provisions shall go into effect upon approval by the State Council, and all former pertinent provisions shall be null and void at the same time.

Regulations on Control of Marriage Registration

(Adopted by the State Council on January 12, 1994 and promulgated by Decree No.1 of the Ministry of Civil Affairs on February 1, 1994)

Contents

Chapter I General Provisions

Chapter II Marriage Registration Authorities

Chapter III Registration of Marriage

Chapter IVMarriage Registration Archives and Marriage Relationship

Chapter VSupervision and Administration

Chapter VISupplementary Provisions

Chapter I

General Provisions

Article 1 These Regulations are formulated in accordance with the Marriage Law and other relevant laws, with a view to guaranteeing the implementation of the marriage system based on the freedom of marriage, on monogamy and on equality between men and women, strengthening the administration of marriage registration, protecting the legitimate rights and interests of both parties in marriage and dealing with illegal marriages according to law.

Article 2 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.

The registration of marriage between Chinese citizens and foreigners, between overseas Chinese and domestic citizens, between residents who come from Hong Kong, Macau and Taiwan and inland citizens shall respectively be handled according to the relevant provisions.

Article 3 The legitimate rights and interests of parties having gone through marriage registration according to law shall be protected by law.

Article 4 The civil affairs department under the State Council shall be responsible for the control of marriage registration throughout the country.

Civil affairs departments under local people's governments at or above the county level shall be responsible for the control of marriage registration within their respective administrative divisions.

Chapter II

Marriage Registration Authorities

Article 5 Marriage registration authorities refer to urban subdistrict offices or civil affairs departments under people's governments in municipal districts or in cities not divided into districts, and refer to people's governments of townships, nationality townships and towns in rural areas.

Article 6 The functions of marriage registration authorities are as follows:

(1) handling marriage registration;

(2) making out marriage relationship certificates;

(3) dealing with illegal marriages according to law; and

(4) propagating marriage laws and advocating civilized marriage customs.

Article 7 Marriage registrars of the marriage registration authorities shall receive vocational training organized by civil affairs departments under people's governments at or above the county level. If they pass the qualification examination, a marriage registrar certificate shall be issued to them.

Chapter III

Registration of Marriage

Article 8 Parties applying for marriage registration shall truthfully provide to marriage registration authorities relevant certificates and documents stipulated in these Regulations and shall not conceal the truth.

In handling marriage registration, marriage registration authorities shall not require applicants to provide any certificate and document not stipulated in these Regulations.

Article 9 Both parties intending to get married must appear in person at the marriage registration authority in the place where either of the parties has his/her residence registration and apply for marriage registration. On application, they shall hold the following certificates and documents:

(1) certificate of each applicant's residence registration;

(2) resident identity cards of each applicant;

(3) marital status certification issued by each applicant's unit, villagers committee or residents committee.

A divorced person shall be required to hold his/her divorce certificate.

In places practising pre-marital health check-ups, parties applying for marriage registration must go to the designated medical care institution for pre-marital health check-ups and present the pre-marital health check-up report to the marriage registration authority.

Article 10 A system of pre-marital health check-ups shall be set up in places where the conditions have been fulfilled. Areas to be decided to practise pre-marital health check-ups shall be proposed by civil affairs departments and public health departments of people's governments in provinces, autonomous regions and municipalities directly under the Central Government and be reported to the people's governments at the same level for approval.

Article 11 Marriage registration authorities shall examine applications for marriage registration and shall promptly grant registration and issue marriage certificates to those applicants who conform to the marriage conditions. For a divorced person, his/her divorce certificate shall be revoked. The husband-and-wife relationship shall be established as soon as they acquire the marriage certificates.

Article 12 If either of the parties applying for marriage registration falls under any of the following categories, the marriage registration authority shall not register their marriage.

(1) not reaching the legally marriageable age;

(2) not based upon willingness;

(3) already having a spouse;

(4) if the parties are lineal relatives by blood, or collateral relatives by blood up to the third degree of kinship; or

(5) suffering from a disease with which a person is prohibited from marriage or postponed to be married as stipulated by law.

Article 13 Where parties applying for marriage registration are interfered with by their units or a third party and this enables them not to obtain the required documents, the marriage registration authority shall grant registration after confirming that they really conform to the marriage conditions.

Article 14 Both parties intending a divorce must appear in person at the marriage registration authority in the place where either of the parties has his/her residence registration and apply for divorce registration. On application, they shall hold the following certificates and documents:

(1) certificates of each applicant's resident registration;

(2) resident identity cards of each applicant;

(3) introduction letters issued by each applicant's unit, villagers committee or residents committee;

(4) the divorce agreement; and

(5) the marriage certificate.

Article 15 A divorce agreement shall clearly contain matters agreed upon between both parties regarding their intentions of divorce, fostering of children, economic aid for difficulties in living of the husband or the wife and disposal of property and debts. The contents of such an agreement shall be conducive to the protection of legitimate rights and interests of women and children.

Article 16 The marriage registration authority shall examine the divorce application submitted by the parties and shall, within one month from the date of accepting the application, register the divorce, issue them a divorce certificate and revoke their marriage certificates where the parties conform to the divorce conditions. The husband-and-wife relationship shall be rescinded as soon as they acquire the divorce certificate.

Article 17 If one divorced party fails to perform his/her duty according to the divorce agreement, the other party may bring a civil lawsuit before a people's court.

Article 18 If either of the parties applying for divorce registration falls under any of the following categories, the marriage registration authority shall not accept the application.

(1) if only one party requires a divorce;

(2) if both parties require a divorce, but fail to reach an agreement regarding matters such as fostering of children, economic aid for difficulties in living of the husband or the wife and disposal of property and debts;

(3) if one party or both parties is or are a person(s) with limited capacity for civil conduct or with no capacity for civil conduct; or

(4) if they didn't go through marriage registration.

Article 19 Both divorced parties intending to resume their husband-and-wife relationship must appear in person at the marriage registration authority in the place where either of parties has his/her residence registration and apply for the registration of resumption of marriage. The marriage registration authority shall handle the application for resumption of marriage submitted by the parties according to the procedure for registration of marriage and the parties may omit pre-marital health check-ups.

Article 20 Marriage registration authorities shall explain reasons in writing for rejecting applications for marriage registration submitted by parties.

Chapter IV

Marriage Registration Archives and Marriage Relationship Certificates

Article 21 Marriage registration authorities shall file marriage registration archives. The measures for control of marriage registration archives shall be formulated in accordance with the relevant provisions of the Archives law by the civil affairs department under the State Council.

Article 22 Parties who lose, damage or destroy marriage certificates or divorce certificates may, on the strength of the marital status certificates issued by their units, villagers committees or residence committees, apply to the marriage registration authority with which they went through their marriage registration for making out a marriage relationship certificate.

Article 23 The marriage registration authority shall examine parties’ application for making out a marriage relationship certificate and shall, based upon the parties' marriage registration archives, make out a certificate of husband-and-wife relationship for the parties who lose, damage or destroy marriage certificates and a certificate of rescinding husband-and-wife relationship for the parties who lose, damage or destroy divorce certificates.

The certificates of husband-and-wife relationship and the certificates of rescinding husband-and-wife relationship shall have equal legal effect with the marriage certificates and the divorce certificates.

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.