Confusion Reigns Among Foreigners Over New Marriage Laws
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Confusion has emerged following reports that the Ministry of Civil Affairs was no longer issuing marriage certificates for foreign passport holders and Chinese citizens from Mar 29, 2019. Alarmed couples seeking information from their embassies or local officials have reportedly been receiving conflicting information about accessibility and requirements.
In the Ministry of Civil Affairs Notice 456 (mca.gov.cn/article/xw/tzgg/201903/20190300016006.shtml), it was announced that foreign couples could no longer be married in China. Yet it quickly became clear that the ban did not in fact apply equally to all foreigners.
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As per the US Embassies and Consulates in China website:
As of Apr 1, 2019, two foreigners are not allowed to register their marriage at Civil Affairs offices in China (marriages between a foreigner and Chinese national are still permitted). This means that two foreigners can no longer obtain a Chinese marriage certificate. This new regulation was published on Mar 29, 2019, and went into effect nationwide as of today.
While bicultural couples (containing one Chinese citizen) can still marry, recent revisions to the marriage procedures may mean that no marriage certificates between foreigners and Chinese citizens may be issued prior to Jul 1, 2019. Following Jul 1, marriage certificates should be issued by municipal level authorities. Announcements from the provincial level (hljmzt.gov.cn/1500/30864.html) indicate that between Mar 30 and Jul 1 there will be a transition period where either authority may issue marriage certificates for foreigners and Chinese nationals.
According to Chinese language reporting on the subject as well as provincial level instructions, the Ministry of Civil Affairs is distributing new directives on how marriage documents between foreigners and Chinese citizens are issued. The “Provisions for the Registration of Marriage Between Chinese Citizens and Foreigners” governs this process and previously specified that the couple should register at the “marriage registration department designated by the province, autonomous region, or municipality directly under the Central Government.” New revisions will decentralize this process, meaning that the couple can apply directly in their municipality of residence.
These changes are intended to streamline marriage registration procedures for foreigners and Chinese citizens by increasing the number of personnel dedicated to these matters as well as the easing of geographic requirements. Under the new system, each municipality will provide staff who are, in theory, trained to handle the special requirements of these types of unions, which differ from standard marriage registration requirements. Decentralizing this process aims to ease the bureaucratic burden for provincial officials as well as the hassle of travel and conflicting regulatory expectations for applicants.
Despite these intended benefits, the confusion around the rollout of these changes has left many bemused, with many couples left unaware of the changes as revisions were poorly announced and explained. With very little English language reporting on the subject, couples have had to instead rely on Mandarin-only government announcements for details. While more detailed explanations have yet to surface, it is anticipated that more nuanced regulations will arise as municipalities begin to oversee marriage registration with less provincial involvement.
Images: Unsplash
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