I. Scope of Application

Subject Matter: Marriage registration involving foreign nationals, residents of Hong Kong, Macao and Taiwan, and overseas Chinese.

Applicable Persons: Marriage registration between a Chinese citizen and a foreign national, and between a mainland resident and a resident of the Hong Kong Special Administrative Region (hereinafter referred to as a Hong Kong resident), a resident of the Macao Special Administrative Region (hereinafter referred to as a Macao resident), a resident of the Taiwan region (hereinafter referred to as a Taiwan resident), or an overseas Chinese.

II. Examination Type

Handled on the spot upon review.

III. Legal Basis

1. Article 1,049 of the Civil Code of the People's Republic of China: "Both the man and the woman desiring to conclude a marriage shall apply in person at the marriage registration authority. Where the requirements of this Law are satisfied, the marriage shall be registered and a marriage certificate shall be issued. The marriage relationship is established upon completion of marriage registration. Where a marriage registration has not been completed, the registration shall be completed as a supplementary formality."

2. Paragraph 2 of Article 2 of the Marriage Registration Regulations: "The authority handling marriage registration between a Chinese citizen and a foreign national, or between a mainland resident and a Hong Kong resident, a Macao resident, a Taiwan resident, or an overseas Chinese within the territory of China shall be the civil affairs department of the people's government of a province, an autonomous region, or a municipality directly under the Central Government, or an authority designated by the civil affairs department of the people's government of a province, an autonomous region, or a municipality directly under the Central Government." Paragraph 2 of Article 7: "Where a Chinese citizen marries a foreign national within the territory of the mainland, or a mainland resident marries a Hong Kong resident, a Macao resident, a Taiwan resident, or an overseas Chinese within the territory of the mainland, both the man and the woman shall apply in person at the marriage registration authority prescribed in Paragraph 2 of Article 2 of these Regulations." Article 11: "Where both the man and the woman desiring to marry have not completed marriage registration, the registration shall be completed as a supplementary formality. Supplementary marriage registration shall be subject to the provisions on marriage registration of these Regulations."

3. Article 4 of the Anhui Provincial Standards for Marriage Registration Work: "A marriage registration authority shall perform the following functions: (1) handling marriage registration; (2) reissuing marriage registration certificates (including marriage certificates and divorce certificates); (3) providing family and marriage counseling services; (4) establishing and managing marriage registration archives; (5) publicizing laws and regulations on marriage, opposing outdated customs such as exorbitant bride prices, and advocating civilized marriage customs; (6) providing certificate-issuing ceremonies and other services; and (7) providing comprehensive guidance on family and marriage services as prescribed."

IV. Accepting Authority

V. Office Hours

Statutory working days: 9:00–11:30, 13:30–17:00.

VI. Application Conditions for Foreign-Related Marriage Registration

(1) The application matter falls within the scope of functions of the foreign-related marriage registration office;

(2) Both the man and the woman desiring to marry shall apply in person at the foreign-related marriage registration office;

(3) The male party shall be at least 22 years of age and the female party shall be at least 20 years of age, and applications may be accepted on the day of the birthday;

(4) Neither of the parties has a spouse (unmarried, divorced, or widowed);

(5) The parties are not direct lineal relatives or collateral relatives within three generations;

(6) Both parties consent voluntarily to the marriage;

(7) The parties shall submit three bareheaded half-length joint identification photos of both parties in two-inch size of the same version, taken recently;

(8) The parties shall hold the valid certificates and written materials prescribed in Articles 28 through 35 of the Anhui Provincial Standards for Marriage Registration Work.

VII. Catalogue of Application Materials

The parties shall hold the originals of the valid certificates and written materials prescribed in Articles 28 through 35 of the Anhui Provincial Standards for Marriage Registration Work.

(1) A Hong Kong resident applying for marriage registration shall submit:

1. A valid Mainland Travel Permit for Hong Kong and Macao Residents or a Residence Permit for Hong Kong and Macao Residents;

2. A Hong Kong identity card;

3. A declaration notarized by a Hong Kong commissioned notary public certifying that the declarant has no spouse and that the declarant and the other party are not direct lineal relatives or collateral relatives within three generations.

(2) A Macao resident applying for marriage registration shall submit:

1. A valid Mainland Travel Permit for Hong Kong and Macao Residents or a Residence Permit for Hong Kong and Macao Residents;

2. A Macao identity card;

3. A declaration notarized by a Macao notary institution certifying that the declarant has no spouse and that the declarant and the other party are not direct lineal relatives or collateral relatives within three generations.

(3) A Taiwan resident applying for marriage registration shall submit:

1. A valid Mainland Travel Permit for Taiwan Residents or other valid travel documents, or a Residence Permit for Taiwan Residents;

2. A valid identity card for residing in the Taiwan region;

3. A declaration notarized by a Taiwan notary institution certifying that the declarant has no spouse and that the declarant and the other party are not direct lineal relatives or collateral relatives within three generations.

Where a Taiwan resident entrusts a third party to handle the declaration under Item 3 of the preceding paragraph which has been notarized by a Taiwan notary institution, the marriage registration authority may accept such declaration.

(4) An overseas Chinese applying for marriage registration shall submit:

1. A valid passport of the applicant;

2. A certificate or declaration in original issued by a notary institution or competent authority of the country of residence, authenticated by the embassy (consulate) of the People's Republic of China in that country, certifying that the applicant has no spouse and that the applicant and the other party are not direct lineal relatives or collateral relatives within three generations; or a certificate or a declaration notarized by the embassy (consulate) of the People's Republic of China in that country, certifying that the applicant has no spouse and that the applicant and the other party are not direct lineal relatives or collateral relatives within three generations.

Where a certificate is issued by a country that has no diplomatic relations with China, the certificate shall be authenticated by the embassy (consulate) of a third country that has diplomatic relations with both that country and China in that country and by the embassy (consulate) of China in the third country, or authenticated by the embassy (consulate) of the third country in China.

Where an international treaty concluded or acceded to by the People's Republic of China provides otherwise, the certification formalities prescribed in the treaty shall apply.

(5) A foreign national applying for marriage registration shall submit:

1. A valid passport or other valid international travel documents of the applicant, or an identity document issued by a competent authority of the Chinese Government such as a Foreign Permanent Resident ID Card;

2. A certificate in original issued by a notary institution or competent authority of the country of nationality, authenticated by the embassy (consulate) of the People's Republic of China in that country or the embassy (consulate) of that country in China, certifying that the applicant has no spouse; or a certificate of no spouse issued by the embassy (consulate) of that country in China.

Where a certificate in original is issued by a country that has no diplomatic relations with China, the certificate shall be authenticated by the embassy (consulate) of a third country that has diplomatic relations with both that country and China in that country and by the embassy (consulate) of China in the third country, or authenticated by the embassy (consulate) of the third country in China.

Where an international treaty concluded or acceded to by the People's Republic of China provides otherwise, the certification formalities prescribed in the treaty shall apply.

VIII. Basic Procedures

Preliminary review — Acceptance — Examination — Registration (issuance of certificate).

IX. Processing Method

Processed on site.

X. Processing Time Limit

Processed and concluded immediately on the spot.

XI. Fee Basis and Standards

No charge.

XII. Processing Result

Upon examination, where both parties applying for marriage registration satisfy the conditions and their certificates and materials are complete and valid, the marriage shall be registered and a marriage certificate shall be issued. Where the conditions for marriage registration are not satisfied, the marriage registration authority shall not process the marriage registration. Where the parties request issuance of a Notification of Non-acceptance of Marriage Registration, such notification shall be issued.

XIII. Collection of Result

Immediate delivery on the spot.

XIV. Rights and Obligations of the Applicant

(1) Marriage registration is an administrative confirmation.

(2) Article 48 of the Anhui Provincial Standards for Marriage Registration Work provides: "Where the conditions for marriage registration are not satisfied, the marriage registration authority shall not process the marriage registration. Where the parties request issuance of a Notification of Non-acceptance of Marriage Registration, such notification shall be issued."

(3) Where both parties are foreign nationals and apply for marriage registration at a marriage registration authority in this province, the marriage registration authority shall not process such application.

(4) Where a party institutes civil litigation on the ground of procedural defects in marriage registration, claiming revocation of the marriage registration, the party shall be informed that it may apply for administrative reconsideration or institute administrative litigation in accordance with the law.

(5) The parties shall be responsible for the authenticity and legality of the certificates and written materials produced, and shall bear corresponding legal liability for producing false certificates or written materials.