Procedures of Shanghai Municipality on the Administration of Marriage Registration (Revised in 1999)
Procedures of Shanghai Municipality on the Administration of Marriage Registration (Revised in 1999)
Procedures of Shanghai Municipality on the Administration of Marriage Registration
(Promulgated in accordance with the Order of the Shanghai Municipal People's Government [1995]No. 15 on September 8, 1995, and amended and re-promulgated under the Decision of the Shanghai Municipal People's Government on Revising the Procedures of Shanghai Municipality on the Administration of Marriage Registration on October 29, 1999)
Chapter I General Provisions
Article 1 Purposes and Basis
In order to guarantee freedom of marriage, enforce the marital institution of monogamy and equality between men and women, strengthen the administration of marriage registration, protect the legitimate rights and interests of parties to a marriage and deal with illegitimate marital acts in accordance with the law, these Procedures are formulated in accordance with the Marriage Law of the People' s Republic of China (hereinafter referred to as Marriage Law) and the Regulations on the Administration of Marriage Registration, with full consideration given to the actual conditions in Shanghai.
Article 2 Scope of Application
These Procedures shall be applicable to the registration of marriage, divorce and restoration of a former marriage between residents of this Municipality or between a resident of this Municipality and a resident from a foreign province or municipality that is performed within the administrative areas of this Municipality.
Registration of marriage of a resident of this Municipality to a foreign national, an overseas Chinese, or a resident of the Special Administrative Region of Hong Kong, the region of Macao, or the region of Taiwan that is performed within the administrative areas of this Municipality shall follow the Interim Procedures of Shanghai Municipality on the Administration of Foreign-related Marriage.
Article 3 Protection of the Legitimate Rights and Interests of Parties to a Marriage
The legitimate rights and interests of those who have completed marriage registration in accordance with the law shall be protected by the law.
Article 4 Duty to Issue Testimonials
All government organs, social groups, institutions and enterprises, neighborhood committees and villagers' committees shall issue the necessary testimonials to persons of their own unit or in their own administrative areas who apply for marriage registration, and shall not refuse or restrict the issuance of such testimonials under any excuses.
Chapter II Marriage Registration Administrative Organs and Registration Clerks
Article 5 Registration Administrative Organs
The Civil Affairs Bureau of Shanghai Municipality (hereinafter referred to as the Municipal Civil Affairs Bureau) is the competent department responsible for the administration of marriage registration in the whole municipality. The civil affairs bureau of all districts and counties or the people' s governments of all towns and townships are responsible for the administration of marriage registration in their respective administrative areas.
Relevant administrative departments of the people' s governments of this Municipality and the districts and counties shall, in accordance with their respective duties, do a good job in matters related to the administration of marriage registration.
Article 6 Duties of Registration Administrative Organs
The responsibilities of marriage registration administrative organs are as follows:
1. Conduct marriage registration in accordance with the law;
2. Issue testimonials to marital relationships in accordance with the files of marriage registration;
3. Deal with illegitimate marital acts in accordance with the law;
4. Propagate marriage laws, and advocate civilized marriage customs;
5. Do a good job in the keeping and transferring of marriage registration files; and
6. Do a good job in compiling statistics on marriage registration.
Article 7 Marriage Registration Clerk
Marriage registration administrative organs shall have full-time marriage registration clerks.
Article 8 Qualifications of Marriage Registration Clerks
Marriage registration clerks shall receive professional training by the Municipal Civil Affairs Bureau. Those who pass the examinations shall be issued a marriage registration clerk' s certificate by the Municipal Civil Affairs Bureau.
Those who have not obtained a marriage registration clerk' s certificate shall not be allowed to conduct marriage registration.
Article 9 Job Requirements
The job requirements on a marriage registration clerk are as follows:
1. Strictly enforce Marriage Law, Regulations on Marriage Registration Administration and other relevant laws and regulations;
2. Enforce the law impartially, and not bend the law for the benefit of relatives or friends, or abuse one' s power for personal gains;
3. Do not demand the parties concerned to present testimonials or certificates other than those required by these Procedures;
4. Do not conduct one' s own marriage registration or that of close relatives; and
5. Go to one' s post with a qualifications certificate.
Chapter III Marriage Registration
Article 10 Application for Marriage Registration
Interested parties who want to get married in this Municipality shall both go together in person to a marriage registration administrative organ of the locality, where either one of the parties has registered permanent residence, to go through the application formalities for marriage registration.
Article 11 Papers to Be Presented on Application
Applicants for marriage registration shall present the following testimonials and certificates:
1.
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