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Regulations on Control of Marriage Registration

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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.

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