Parties whose marriage registration is seriously untrustworthy will be jointly punished.

In order to increase the punishment for serious dishonesty in marriage registration, accelerate the construction of marriage registration credit system, promote the harmony and stability of marriage and family, and accelerate the construction of social credit system, recently, 31 departments including the National Development and Reform Commission, the People’s Bank of China and the Ministry of Civil Affairs signed the Memorandum of Cooperation on Joint Punishment of Parties with Serious Dishonesty in Marriage Registration (hereinafter referred to as the Memorandum).

On the development of serious untrustworthy parties in marriage registration

Memorandum of cooperation on joint punishment

In order to thoroughly study and implement Socialism with Chinese characteristics Thought of the Supreme Leader in the New Era and the spirit of the 19th National Congress of the Communist Party of China, and implement the spirit of the Marriage Law of the People’s Republic of China, the Regulations on Marriage Registration and other laws and regulations, as well as the "the State Council’s Outline on Printing and Distributing the Construction Plan of Social Credit System"Notice (2014-2020) (Guo Fa [2014] No.21), "Guiding Opinions of the State Council on Establishing and Perfecting the Joint Incentive System for Trustworthiness and Joint Punishment System for Breach of Trust" (Guo Fa [2016] No.33), The National Development and Reform Commission and the People’s Bank of China’s Guiding Opinions on Strengthening and Standardizing the Management of Joint Incentives for Trustworthiness and Joint Disciplines for Breach of Trust (No.1798 [2017] of the Development and Reform Commission) and other documents require accelerating the construction of the credit system in the field of marriage registration, increasing the punishment for serious dishonesty in the field of marriage registration, promoting the harmony and stability of marriage and family, and accelerating the construction of the social credit system. National Development and Reform Commission, People’s Bank of China, Ministry of Civil Affairs, Central Organization Department, Central Propaganda Department, Central Editorial Office, Central Civilization Office, the Supreme People’s Court, Ministry of Education, Ministry of Industry and Information Technology, Ministry of Public Security, Ministry of Justice, Ministry of Finance, Ministry of Human Resources and Social Security, Ministry of Commerce, Health and Family Planning Commission, National Audit Office, State-owned Assets Supervision and Administration Commission, General Administration of Customs, State Administration of Taxation, State Administration for Industry and Commerce, General Administration of Quality Supervision, Inspection, General Administration of Press, Publication, Radio

First, the joint disciplinary object

The object of joint punishment is the party whose marriage registration is seriously untrustworthy. If a party has one of the following acts, it shall be included in the list of serious dishonesty by the civil affairs department:

(a) the use of forged, altered or fraudulent use of other people’s identity documents, household registration books, proof of no spouse and other documents and certification materials;

(two) making false statements such as no spouse, no lineal relatives, no collateral blood relatives within three generations;

(3) Deliberately concealing the other party’s incapacity or limited capacity for civil conduct, which seriously damages the legitimate rights and interests of the other party;

(4) Other serious violations of the Marriage Law of the People’s Republic of China and the Regulations on Marriage Registration.

Second, the implementation of information sharing and joint punishment

Based on the national marriage registration credit information platform, the Ministry of Civil Affairs established a list of serious dishonesty, and realized data exchange and sharing with the national marriage registration credit information platform through the national credit information sharing platform. The Supreme People’s Court exchanged and shared information with the Ministry of Civil Affairs on cases such as the judgment of the parties involved in marriage registration or mediation of divorce, cancellation of marriage registration, annulment of marriage and death. The Ministry of Public Security will exchange and share the identity information and death information of marriage registration parties and their spouses with the Ministry of Civil Affairs through the national population basic information base. The Ministry of Industry and Information Technology exchanges and shares the communication information of the parties involved in marriage registration with the Ministry of Civil Affairs. The Health and Family Planning Commission will exchange and share the death information of marriage registration parties and their spouses with the Ministry of Civil Affairs. After obtaining the list of serious dishonesty in marriage registration from the national credit information sharing platform, the relevant departments that signed this memorandum will implement or assist in the implementation of the disciplinary measures stipulated in this memorandum, and the relevant departments will feedback the implementation of joint punishment to the National Development and Reform Commission and the Ministry of Civil Affairs according to the actual situation.

III. Joint disciplinary measures and implementation units

(1) Restricting the recruitment (employment) of national public officials. Restrict the recruitment (employment) of parties who are seriously untrustworthy in marriage registration as civil servants and staff of public institutions.

Implementing units: Central Organization Department, Ministry of Human Resources and Social Security, National Civil Service Bureau, etc.

(two) limit the registration as the legal representative of the institution.

Implementing unit: Central Organization

(3) It is restricted to serve as directors, supervisors and senior managers of securities companies, fund management companies, futures companies, financing guarantee companies or financial institutions and certification bodies.

Implementing unit: Ministry of Finance, Ministry of Commerce, State Administration for Industry and Commerce, General Administration of Quality Supervision, Inspection and Quarantine, China Banking Regulatory Commission, China Securities Regulatory Commission, China Insurance Regulatory Commission and regulatory agencies of financing guarantee companies determined by local governments.

(four) restrictions on the legal representative, directors, supervisors and senior managers of state-owned enterprises. Restrict the parties who are seriously untrustworthy in marriage registration from serving as legal representatives, directors, supervisors and senior managers of state-owned enterprises; If he has held relevant positions, he shall put forward his opinion that he will no longer hold relevant positions.

Implementing units: Central Organization Department, State-owned Assets Supervision and Administration Commission, Ministry of Finance, State Administration for Industry and Commerce, etc.

(five) limit the participation in moral model and other honors. A party whose marriage registration is seriously untrustworthy may not participate in the selection of moral model, May 4th Youth Award, March 8th Red Flag Bearer, five civilized families and the most beautiful family in China, and those who have won honors shall be revoked.

Implementing units: Central Propaganda Department, Central Civilization Office, Central Committee of the Communist Youth League, All-China Women’s Federation, etc.

(six) to restrict participation in the evaluation of related industries. Lawyers, teachers, doctors and civil servants are the parties who have seriously broken their promises in marriage registration, and their participation in appraising the first and the best is restricted within a certain period of time.

Implementing unit: Ministry of Justice, Ministry of Education, Health and Family Planning Commission, National Civil Service Bureau.

(seven) for the examination and approval or filing of securities companies, fund management companies and futures companies, the registration of private investment fund managers, and the careful reference of independent fund sales institutions when examining and approving. The relevant information of the parties whose marriage registration is seriously untrustworthy is taken as a prudent reference for the establishment of securities companies, fund management companies and futures companies, the approval or filing of changes in equity or actual controllers, the registration of private investment fund managers, and the approval of independent fund sales institutions.

Implementing unit: CSRC

(eight) for the establishment of certification bodies for careful reference.

Implementing unit: AQSIQ

(9) Prudent reference for financial institutions in financing and credit granting. Take the information of the party whose marriage registration is seriously untrustworthy as a prudent reference for financial institutions to approve the financing credit of the proposed credit object.

Implementing unit: People’s Bank of China and China Banking Regulatory Commission.

(10) Restrict subsidized financial support. Restrict parties who are seriously untrustworthy in marriage registration from applying for subsidized financial support.

Implementing units: National Development and Reform Commission, Ministry of Finance, Ministry of Human Resources and Social Security, SASAC, etc.

(eleven) restrictions on becoming a customs certification enterprise. When the party whose marriage registration is seriously untrustworthy is the legal representative (person in charge) of the enterprise, the senior manager in charge of customs affairs, and the person in charge of finance, when the enterprise applies for customs certification, it will not be approved; Yes, it has become a customs recognitionIf the enterprise is certified, the credit rating of the enterprise shall be lowered in accordance with the regulations.

Implementing unit: General Administration of Customs

(twelve) as a prudent reference for selecting government procurement suppliers and selecting evaluation experts. Take the information of the parties who are seriously untrustworthy in marriage registration as a prudent reference for government procurement suppliers and selection of evaluation experts.

Implementing unit: Ministry of Finance

(thirteen) for the reference of professional qualification licensing and identification of employees in key industries. The parties who have seriously broken their promises in marriage registration apply for the qualification certification of lawyers, teachers, doctors, social workers, certified accountants, tax agents, certification practitioners, securities and futures practitioners, journalists, tour guides, etc., and pay close attention to the relevant subjects who have become relevant practitioners.

Implementing units: Ministry of Education, Ministry of Justice, Ministry of Finance, Health and Family Planning Commission, National Audit Office, State Administration of Taxation, General Administration of Quality Supervision, Inspection, General Administration of Press, Publication, Radio, Film and Television, Statistics Bureau, Tourism Bureau and CSRC.

(fourteen) to investigate the legal responsibility of offenders according to law. For those who use forged or altered identity documents, household registration books, supporting materials or use other people’s identity documents to commit illegal acts, their legal responsibilities shall be investigated according to law.

Implementing unit: Ministry of Public Security

Fourth, the dynamic management of joint punishment

The Ministry of Civil Affairs dynamically manages the list of serious dishonesty in marriage registration, updates relevant information in time, and keeps relevant records in the background for a long time. The relevant departments shall, in accordance with their respective statutory duties, implement joint punishment or terminate joint punishment in accordance with laws, regulations and relevant provisions.

V. Other matters

All departments and units should cooperate closely, actively implement this Memorandum, distribute it in this system in time, and guide and supervise the units at all levels in this system to implement joint punishment in accordance with relevant regulations.

After the signing of this Memorandum, relevant laws, regulations, rules and normative documents of various departments and fields have been revised or adjusted. In case of any inconsistency with this Memorandum, the revised or adjusted laws and regulations shall prevail. Specific operational issues in the implementation process shall be determined by all departments through consultation.

The object of joint punishment stipulated in the Memorandum is the party whose marriage registration is seriously untrustworthy.It mainly includes the following situations: First, using forged, altered or fraudulent use of other people’s identity documents, household registration books, proof of no spouse and other documents and certification materials; The second is to make false statements such as no spouse, no lineal relatives, and no collateral blood relatives within three generations; Third, deliberately concealing the other party’s lack of civil capacity or restricting the status of civil capacity, seriously damaging the legitimate rights and interests of the other party; Fourth, other serious violations of the Marriage Law of the People’s Republic of China and the Regulations on Marriage Registration.

The Memorandum pointed out that the civil affairs department provided the list of serious dishonesty in marriage registration and related information to the relevant departments that signed the Memorandum through the national credit information sharing platform.After obtaining the list of serious dishonesty in marriage registration from the national credit information sharing platform, the relevant departments that signed the memorandum shall implement or assist in the implementation of the disciplinary measures stipulated in this memorandum. There are 14 joint disciplinary measures, involving individual recruitment, professional qualifications, job promotion, evaluation first, enterprise approval and certification, financing and credit granting, subsidized financial support and other fields.

In addition, the Memorandum also clearly stipulates the dynamic management, information updating and information sharing of the list of serious dishonesty in marriage registration and the lifting of joint disciplinary measures.