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Do they need to register with the marriage registration authority after returning to the PRC if two

  • Time:2020-05-05
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Do they need to register with the marriage registration authority after returning to the PRC if two citizens of the PRC are married abroad according to local laws? 


No, they don't. 
Article 143 of the General Principles of the Civil Law of the PRC states, "If a citizen of the People's Republic of China settles in a foreign country, the law of that country may be applicable as regards its capacity for civil conduct." If citizens of the PRC marry in any foreign country in accordance with applicable local laws, their marriage is valid in China, and they do not need to register their marriage before the competent marriage registration authority in the PRC after returning to home, provided that their marriage is not in violation of the basic principles of the Marriage Law and the public interests of the PRC. 
The Reply of the General Office of the Ministry of Civil Affairs on the Certification of Overseas Marriage Certificates for Chinese Citizens (Ting Ban Han [1997] No. 63) states, "If any citizen of the PRC residing abroad and any citizen of the PRC within the territory of the PRC marry in any other country in accordance with the applicable laws of such country, Their marriage shall be valid in the PRC provided that their marriage is not in violation of the basic principles of the Marriage Law and the public interests of the PRC."; "If two citizens of the People's Republic of China (except Chinese nationals residing abroad) who have been studying, working or visiting relatives abroad for a long time marry in another country, they shall, in principle, register their marriages before the Chinese embassy or consulate in that country (except that their marriage is not recognized by the country of their residence). If such country does not have diplomatic relations with the PRC or does not recognize the marriage registration completed by the Chinese embassy or consulate in such country, Their marriage registered in such country in accordance with the law of the jurisdiction where the marriage is registered shall be valid in the PRC provided that their marriage is not in violation of the basic principles of the Marriage Law and the public interests of the PRC." Therefore, two citizens of the PRC need to register with the marriage registration authority after returning to the PRC if they are married in any other country according to applicable local laws. 
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