Marriage Registration No Longer Requires Household Register: Amendment to Marriage Registration Regulations Sparks Intense Discussion (AI Translation)
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文｜财新 黄曼兮（实习）
By Caixin's Huang Manxi (Intern)
【财新网】民政部近日发布《婚姻登记条例（修订征求意见稿）》（下称“征求意见稿”），向社会各界公开征求意见。对比2003年发布的现行《婚姻登记条例》，征求意见稿取消了结婚、离婚登记过程中需要出具户口簿的规定以及地域限制，新增了与离婚冷静期相关的内容，并明确了不予受理离婚登记和婚姻可撤销的几种情形。
[Caixin] The Ministry of Civil Affairs recently released the "Marriage Registration Regulation (Draft for Public Consultation)" (hereinafter referred to as the "Consultation Draft"), seeking public feedback from various sectors of society. Compared to the current "Marriage Registration Regulation" released in 2003, the Consultation Draft removes the requirement to provide household registration books during marriage and divorce registration and eliminates geographical restrictions. It also introduces new content related to the divorce cooling-off period and specifies several circumstances under which divorce registration will not be accepted and marriages can be annulled.
根据征求意见稿，今后，男女双方仅需出具本人的居民身份证、本人无配偶以及与对方当事人没有直系血亲和三代以内旁系血亲关系的签字声明，即可登记结婚，不再需要出具户口簿。
According to the draft consultation, in the future, both parties will only need to provide their own resident identity cards and a signed declaration stating that they are unmarried and not directly related by blood or within three generations of collateral kinship with each other, to register for marriage. A household registration booklet will no longer be required.
民政部有关司局负责人对新华社表示，出台这一规定，是在考虑到人口流动客观规律的情况下，推动相关公共服务随人走。他介绍，现行条例中规定婚姻登记需到一方当事人常住户口所在地的婚姻登记机关办理，居民户口簿是其有效证明材料，主要是为了明确婚姻登记的管辖权。但随着经济社会的快速发展，人口流动性增加，越来越多的人选择在异地工作和生活，回户籍地办理登记可能导致额外负担。2021年6月起我国已开始实施婚姻登记“跨省通办”试点，在此模式中，当事人在非户籍的办理婚姻登记只需凭身份证、居住证，这已经充分说明婚姻登记制度实际上已与当事人的户籍地脱钩，也预示着户口簿已失去现行条例中的原有作用。
An official from the Ministry of Civil Affairs told Xinhua News Agency that the issuance of this new regulation aims to ensure that public services follow people, considering the objective patterns of population mobility. The official explained that the current regulations require marriage registration to be completed at the marriage registration office in the permanent residence of one of the parties involved, with the resident household registration booklet serving as valid proof of residence, mainly to clarify the jurisdiction over marriage registration. However, with the rapid economic and social development, population mobility has increased, and more people are choosing to work and live away from their place of residence, which may lead to additional burden when they return to their household registration location for the procedure. Since June 2021, China has begun a pilot program for "cross-province handling" of marriage registration, whereby parties can complete the marriage registration in areas other than their registered residence using only their ID cards and residence permits. This fully demonstrates that the marriage registration system has effectively decoupled from the parties' registered residence, indicating that the household registration booklet has lost its original function under the current regulations.
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- The Ministry of Civil Affairs has released a draft of new marriage registration regulations for public feedback, removing the requirement for household registration books and introducing a divorce cooling-off period.
- The draft aims to accommodate increased population mobility by allowing cross-province marriage registration with ID cards and a declaration, addressing concerns over bigamy and marriage fraud through improved database sharing.
- The draft also includes provisions for divorce scenarios and circumstances where marriages can be annulled, with public comments accepted until September 11.
The Ministry of Civil Affairs has issued the "Marriage Registration Regulation (Draft for Public Consultation)" to seek public feedback. This draft introduces changes from the current 2003 regulations, eliminating the need for household registration books during marriage and divorce registrations and geographical restrictions. It also includes guidelines on the divorce cooling-off period. [para. 1]
Under the draft, individuals will only need their resident ID cards and a declaration of their unmarried status, without needing a household registration booklet. This adjustment accommodates increased population mobility, easing the burden of needing to return to one's registered residence for marriage procedures. This shift is supported by a successful pilot program for cross-province marriage registration started in June 2021. [para. 2][para. 3]
Some concerns have arisen about potential issues like bigamy and marriage fraud due to the removal of household registration booklets. The Ministry assures that interconnected registration systems and a national information-sharing database mitigate these risks. This approach is aligned with Article 3 of the draft, which focuses on improving the national marriage database. [para. 4][para. 5]
Feng Yuan from the Beijing Weiping Women's Support Hotline recommends enhancing the consistency and completeness of registered information to prevent issues such as concealed marriage and bigamy. Li Ying, a public interest lawyer focusing on domestic violence cases, addresses the cooling-off period for divorce introduced under the Civil Code. She underscores that domestic violence is not directly linked to the cooling-off period and emphasizes the need for comprehensive implementation of the Anti-Domestic Violence Law instead. [para. 6][para. 7][para. 8]
The draft maintains that the divorce cooling-off period respects the right to divorce; if couples are determined to divorce, they can proceed by mutual agreement or court filing. Feng Yuan suggests addressing special circumstances within this period to protect vulnerable individuals, especially in cases where one party expresses unwillingness to divorce despite evidence of domestic violence. [para. 9][para. 10]
Non-acceptance of divorce applications from individuals with no or limited civil capacity is also addressed in the draft. Li Ying notes concerns about the criteria for determining limited civil capacity and potential infringement on marital autonomy. Provisions are included for the annulment of marriages entered under duress, fraud, or non-disclosure of severe illness, with roles for the civil affairs department based on recommendations from public security and judicial entities. [para. 11][para. 12]
Public feedback can be submitted to the Ministry's website, via email, or by mail to the Department of Policies and Regulations. The consultation period ends on September 11. [para. 13]
Each key piece of information in the summary corresponds to the respective paragraphs of the original text. The changes in the marriage registration procedures aim to adapt to contemporary population mobility patterns, while mechanisms are in place to ensure the integrity of the process. It balances administrative reforms with protective measures against fraud and addresses significant social concerns like domestic violence.
- 2017：
- The Ministry of Civil Affairs and the Ministry of Public Security issued a notice on sharing information from the national population basic information database with marriage registration agencies.
- June 2021：
- China began a pilot program for 'cross-province handling' of marriage registration.
- By September 11, 2024：
- The public can submit their opinions on the 'Marriage Registration Regulation (Draft for Public Consultation) 2024' to the Ministry of Civil Affairs.
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