The civil affairs bureaus (bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government, the civil affairs bureaus of each plan are listed separately, and the civil affairs bureau of the Xinjiang Production and Construction Corps:
The Civil Code of the People's Republic of China (hereinafter referred to as the "Civil Code") will come into effect on January 1, 2021.
According to the provisions of the Civil Code, the following adjustments have been made to the procedures for marriage registration:
1. The marriage registration agency will no longer accept business cancellation due to coercion of marriage
The first paragraph of Article 1052 of the Civil Code stipulates: “If the marriage is coerced, the coerced party may request the people’s court to cancel the marriage.” Therefore, the marriage registration agency will no longer accept the cancellation of marriage due to coercion. Application, Article 4, paragraph 3, and Chapter 5 of the "Regulations for Marriage Registration" are repealed, and "and revocable marriage" in Article 14 (5) and "in Article 25 (2)" are deleted. "Cancel the coerced marriage" and the expression "Cancel the marriage" in Article 72(2).
2. Adjust the divorce registration procedures
According to the provisions of Articles 1076, 1077 and 1078 of the Civil Code, the registration of divorce shall be handled as follows:
(1) Application.
If both spouses get divorced voluntarily, they should sign a written divorce agreement, jointly apply to the marriage registration authority with jurisdiction, and provide the following certificates and supporting materials:
1. A marriage certificate issued by the Mainland marriage registration authority or the Chinese embassy (consulate) abroad;
2. A valid identity document that complies with Article 29 to Article 35 of the "Regulations on Marriage Registration Work";
3. The "Application for Divorce Registration" (Annex 1) filled out at the marriage registration office.
(2) Acceptance.
The marriage registrar conducts a preliminary review of the above-mentioned materials submitted by the parties in accordance with the relevant provisions of the "Regulations on Marriage Registration Work".
If one of the parties applying for divorce registration is lost, the parties shall declare the loss in writing, and the marriage registrar can accept the application for divorce registration based on the other marriage certificate; if the parties applying for divorce registration have lost both marriage certificates, the parties shall A written statement that the marriage certificate is lost and a copy of the marriage registration file with a special stamp for the check file is provided. The marriage registrar can accept the divorce registration application based on the above materials provided by the parties.
The marriage registrar will issue a "Receipt of Acceptance of Divorce Registration Application" (Annex 2) after the initial review of the documents and certification materials submitted by the parties is correct.
Those who do not meet the requirements for divorce registration applications will not be accepted.
If the party requests the issuance of the "Notice of Not Accepting the Application for Divorce Registration" (Annex 3), it shall be issued.
(3) Cooling-off period.
Within 30 days from the date when the marriage registration agency receives the divorce registration application and issues the "Divorce Registration Application Acceptance Receipt" to the parties, if either party is unwilling to get a divorce, they can present their valid ID and the "Divorce Registration Application Acceptance Receipt" (If you lose it, you can not provide it, but you need to explain the situation in writing), withdraw the divorce registration application to the marriage registration agency that accepts the divorce registration application, and fill in the "Application for Withdrawal of Divorce Registration" (Annex 4)
After verification by the marriage registration authority, the "Confirmation Form for Withdrawal of Divorce Registration Application" (Appendix 5) is issued, and the "Application for Divorce Registration", "Application for Withdrawal of Divorce Registration" and "Confirmation Form for Withdrawal of Divorce Registration (stub copy) )" and archive it together.
Within 30 days after the expiration of the divorce cooling-off period, if both parties fail to jointly apply for the issuance of a divorce certificate at the marriage registration authority, the application for divorce registration shall be deemed to have been withdrawn.
(4) Review.
Within 30 days after the expiration of the divorce cooling-off period (if the last day of the period is a holiday, the first day after the holiday shall be the expiration date), both parties shall hold the Article 55 of the "Regulations for Marriage Registration" (4) to (7) of the documents and materials, jointly apply to the marriage registration agency to issue a divorce certificate.
The marriage registration agency shall implement and review the procedures and conditions stipulated in Article 56 and Article 57 of the "Work Norms for Marriage Registration".
The marriage registration authority shall not handle those who do not meet the conditions for divorce registration.
If the party requests the issuance of a "Notice of Not Approving Divorce Registration" (Annex 7), it shall be issued.
(5) Registration (issuance of certificates).
The marriage registration authority shall register and issue a divorce certificate in accordance with Article 58 to Article 60 of the "Regulations on Marriage Registration Work".
The divorce agreement is in triplicate, one copy for each man and one for each, and one copy is kept by the marriage registry.
The marriage registrar stamped the two divorce agreements held by the parties with a rectangular red seal of "This is consistent with the archived document, and the alteration is invalid. ××××Marriage Registry ××××Year××Month××Day" And fill in the date.
The multi-page divorce agreement is stamped with this seal at the seam at the same time, and the date is not filled in the seam.
The original divorce agreement signed by the parties themselves is archived.
The marriage registry shall stamp the divorce agreement filed with a rectangular red seal of "×××Registry File ××××Year××Month××Day" and fill in the date.
3. Filing of divorce registration files
The marriage registration agency shall establish divorce registration files and form electronic files in accordance with the "Administrative Measures for Marriage Registration Files".
The filing materials should add all the materials in the divorce registration application link (including attachments 1, 4, and 5).
Four, work requirements
(1) Strengthen publicity and training.
This "Notice" shall be included in the scope of information disclosure, and the updated regulations and working procedures of marriage registration shall be disclosed on relevant websites and marriage registration places in a timely manner, so that the public will be aware of the working procedures and requirements of marriage registration, and maximize convenience for the people Benefit people.
It is necessary to promptly carry out education and training work, so that marriage registrars can timely grasp the provisions and requirements of the "Notice", and ensure that marriage registration is carried out in accordance with laws and regulations.
(2) Do a good job in supporting connections.
It is necessary to expedite the "abolition of the establishment" of the relevant supporting systems in the region to ensure consistency with the provisions of this "Notice".
It is necessary to upgrade the marriage registration information system, and incorporate the application and withdrawal of divorce registration into the information system in a timely manner to ensure the effective connection of marriage registration procedures.
(3) Strengthen risk prevention and control.
It is necessary to do a good job of analysis, research and judgment, and to respond to the risks and problems that may arise during the implementation of the "Notice" to ensure that contradictions are handled in a timely manner.
It is necessary to improve the system for requesting instructions and reporting to the Ministry of Civil Affairs in time for important issues and related situations encountered during the implementation of the notification.
This notice will come into effect on January 1, 2021.
In the "Notice of the Ministry of Civil Affairs on Printing and Distributing the "Regulations for Marriage Registration"" (Minfa [2015] No. 230), if it is inconsistent with this notice, this notice shall prevail.
annex:
1. Application for divorce registration
2. Divorce registration application acceptance receipt
3. Notification of rejection of divorce registration application
4. Withdraw the application for divorce registration
5. Withdrawal of confirmation form for divorce registration application
6. Declaration of Divorce Registration
7. Notification of non-application for divorce registration
8. Divorce registration review processing form
Ministry of Civil Affairs
November 24, 2020