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Registration of marriage between foreigners and Shanghai residents
Registration of marriage between foreigners and Shanghai residents
 
Processed by: Marriage Administration Section of Shanghai Civil Administration Bureau

Procedures:

For Shanghai Resident:

(1) Permanent residence book and resident ID card

(2) Testimonial of marital status (unmarried, divorce or bereft) issued by the employer, or sub-district office or the town government (validity: 3 months)

(3) In case of going abroad on business or otherwise, they shall also provide testimonial of marital status issued by Chinese embassy or consulate in this country

(4) In case of divorce, the original credentials of divorce are required: Certificate of Divorce, Certificate of Disengagement of Matrimonial Relationship and written conciliation statement or court judgment (accompanied by certificate of validity); The testimonial of divorce issued by a marriage registry office of a foreign country shall be certified by the Ministry of Foreign Affairs of such country or a competent authority authorized by it and the embassy or consulate of China in such country; The judgment or written conciliation statement by a foreign court shall not be valid until an intermediate court of China orders the recognition.

(5) If the spouse of the applicant deceases in a foreign country, the applicant shall provide the original certificate of death of spouse certified by Chinese embassy or consulate in such country.

For Foreigner:

(1) Passport and certificate of nationality

(2) Foreigner Residence Permit or Testimonial of Temporary Residence in China issued by a public security office of China;

(3) The testimonial of marital status issued by the notary of his home country shall not be valid until certified by the Ministry of Foreign Affairs or a competent authority authorized by it and embassy or consulate of China in such country (valid for 6 months);

(4) Foreigners who permanently stay in China may submit testimonial of marital status issued by embassy or consulate of China in his home country. (valid for 3 months)

(5) In case of divorce, the original credentials of divorce are required. If the applicant was freed of the former marriage in accordance with the local legal procedure of a foreign country, he shall also provide the certificate of nationality of his spouse certified by embassy or consulate of China in such country; If his spouse is a Chinese citizen, the certificate of divorce shall not be valid until an intermediate court of China orders the recognition; If his spouse is a foreign citizen, the certificate of divorce shall not be valid until certified by the Ministry of Foreign Affairs or a competent authority authorized by it and the embassy or consulate of China in such country or embassy or consulate of such country in China.

(6) If the spouse of the applicant deceases, the certificate of spouse bereaving shall not be valid until certified by the Ministry of Foreign Affairs or a competent authority authorized by it and the embassy or consulate of China in such country or the embassy or consulate of such country in China.
The restoration of marriage shall comply with the fore-going provisions.

Procedures:

The would-be couple shall go to registration at a marriage registry office. Application with credentials and certificates in line with relevant requirements →fill out the Marriage Registry Application→go through pre-marriage medical checkup at a hospital specified in the letter of reference →translate marriage registry materials →verification and check by the authority →go through the procedures of certificate issuance appointment →obtain the certificate

Charge rate and basis:

Charging basis: Notice on Items and Standards for Charging Administrative Items within the Civil Administrative System Jointly Issued by the National Price Bureau and the Ministry of Finance. (J.F.Z. No. 249 by the National Price Bureau and the Ministry of Finance in 1992)

Charging standard: Service charge for marriage registry between Chinese citizen and foreigner: RMB 40/case

Submitted to: Shanghai Civil Administration Bureau

Address: 70 Caobao Road (3rd Floor, Wedding Ceremony Plaza in Everbright Exhibition Center)

Basis: The Marriage Law of the People's Republic of China; Regulatory Provisions on Registry and Consultation of Marriage between Shanghai Residents and Foreigners, or Overseas Chinese, or Residents in Hong Kong, Macao and Taiwan;

Temporary Provisions on Administration of Foreign-related Marriage of Shanghai
Telephone: 64325087

Office Hours: 9:00-11:30 a.m. 1:30-4:00 p.m. on each Monday, Wednesday, Friday

Period: 30 days

Eligible applicants shall:

(1) Both reach the legal marital age, i.e. no earlier than 22 for male, no earlier than 20 for female.

(2) Both are voluntary and single.

(3) Without the relationship of linear consanguinity or of collateral consanguinity within the third generation each other.

(4) Both have no diseases leading to prohibition or postponement of marriage by law.

(5) Either of them shall have the permanent residence of Shanghai.

法律之间冲突时的效力原则


正式的法的渊源的效力有时也被称为法律效力等级,或法律效力位阶。宪法(或根本法)属于第一层次,而民法、刑法、行政法、诉讼等基本法律属于第二层次,基本法律之下还可能有第三和第四层次的法律等等。不同位阶的法的渊源之间的冲突原则包括宪法至上原则、法律高于法规原则、法规高于规章原则、行政法规高于地方性法规原则等。


同一位阶的法的渊源之间的冲突原则,主要包括:(1)全国性法律优先原则。(2)特别法优先原则。(3)后法优先或新法优先原则。(4)实体法优先原则。(5)国际法优先原则。(6)省、自治区的人民政府制定的规章的效力高于本行政区域内的较大的市的人民政府制定的规章。


位阶出现交叉时的法的渊源之间的冲突原则,我国《立法法》主要规定:(1)自治条例和单行条例依法对法律、行政法规、地方性法规作变通规定的,在本自治地方适用自治条例和单行条例的规定。(2)经济特区法规根据授权对法律、行政法规、地方性法规作变通规定的,在本经济特区适用经济特区法规的规定。(3)地方性法规、规章之间不一致时,由有关机关依照各自的权限作出裁决。



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