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新浪首页 > 新浪教育 > 中国周刊(2002年9月号) > Will you be married to a Chinese girl

Will you be married to a Chinese girl
http://www.sina.com.cn 2003/01/24 14:12  中国周刊

  Dear Messrs lawyers of Beijing Jingtai Law Office,

  I am a Frenchman. During my tour in China in the year of 2000, I met a tour guide of Yangzhou Travel Agency. Her beauty, cleverness and kindness as well as refined gentle manners deeply attracted me. After two years'contact, deep love has emerged between us. This year, we would like to get married in China according to China' customs. However we do not know whether or not it is legal for a foreign man to get married to a Chinese woman according to China' laws. To be a legal marriage, what kind of materials is needed? What kind of formalities shall be gone through? We sincerely need your help.

  Dear Sir,

  We congratulate you on your meeting your beloved girl and your coming marriage. We wish you get married soon and wish your happy marriage to your old age.Our answers to your inquiries are as follows:

  According to general rules of international private law, nowadays, each state in the world grants conditional recognition of marriage relationship to native citizen concerning foreign elements. The attached condition generally is that this marriage cannot violate the relevant stipulations of the laws of the state on material elements of getting married. So is it in the People' Republic of China.

  According to the stipulation of Art 147 of the General Principles of Civil Law of the People' Republic of China, the law of the placeswheresa marriage is registered shall be applicable to marriage between a Chinese citizen and a foreigner. This stipulation is not only applicable to the essential elements of marriage but to the formal elements.

  According to the stipulations of the present laws of the PRC, if it is a marriage between a foreigner and a Chinese citizen, both sides must apply for a registration to a marriage registration department appointed by the people' government of province, autonomous region or municipalityswheresthe domicile of this Chinese citizen is registered. Meanwhile the Chinese citizen must present these following credentials:

  A. His/her domicile credentials.

  B. Credentials on his/her name, sex, birth date, nation, marital status (unmarried, divorced, bereft of spouse, the same applies below) vocation, character of work, to whom he/she gets married, which shall be issued by the people' government at county levelswhereshis/her domicile is registered or issued by the school, institution or enterprise at county level and above to which his/her working unit belongs.

  A foreigner applying for getting married to a Chinese citizen must present these following credentials:

  His/her passport or other credentials Residence Permit for Foreigners issued by the Public Security or identification papers issued by foreign affairs department or entry residence papers for temporary residing in China issued by the same department.

  Credentials on marital status issued by the notarization agency of his/her native state which have been certified by both the Ministry of Foreign Affairs of his/her native state (or by the agency authorized by the Ministry of Foreign Affairs) and the embassy or the consulate of the PRC or credentials on marital status issued by the embassy or the consulate of his/her native state in the PRC.

  In addition, both sides shall deliver their respective photos and pay the necessary cost of production of marriage certificate and the cost for registration formalities.

  If you have further relevant legal inquiries or need other legal assistance, please entrust our lawyers to handle. Absolutely that will save much of your time. We warmly welcome your contact.

  Wish you sweet love, happy marriage and happy life!




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