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New Civil Code

Digitalization and streamlining of birth, marriage, divorce, and death registration procedures

Wednesday, May 8, 2024

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The new bill promoting amendments to several procedures of the Macau Civil Code is ready to be voted on in the final reading at the Legislative Assembly (AL). The announcement was made yesterday by the president of the Third Standing Committee of AL, Vong Hin Fai, after a final meeting from this committee, leading to a final review and signing of the legal opinion before the bill advances to a plenary session.

The bill aims to promote amendments to several procedures, particularly by digitalizing and simplifying processes related to birth registration, marriage and divorce proceedings, and death certification.

Due to its complexity and significant impact on people’s lives, the bill underwent almost a year of scrutiny following its initial reading on June 7, 2023. Vong noted that the committee required several extensions of the time to analyze the bill, as authorized by the president of the AL.

After extensive deliberation and presentation of an alternate version by the government, the committee finally approved the bill last week. It is anticipated that the bill will come into effect by July this year.

The current version of the Civil Code has been in effect for 23 years, having been implemented on November 1, 1999.

Most significant proposed amendments

Digitalization of birth registrationprocedures	• Birth registration can be initiated through an electronically submitted declaration. • Hospitals should communicate all birth data to the Civil Registration Office electronically. • The traditional birth book has been eliminated and replaced with a birth certificate issued free of charge.
Digitalization of marriage applications	• Marriage applications can be submitted electronically. • Documentation has been simplified, particularly for Macau residents who are engaged. • The need for a birth certificate is replaced by data collection from the Identification Services Bureau. • For non-residents, an original birth certificate is no longer required and a declaration made by them will substitute. • Some foreign countries’ requirements for a certificate of non-impediment to marriage may be replaced by a declaration from the engaged parties that they have no legal impediments to marriage.
Authority for notaries to celebrate marriages	• Private Notaries will be able to perform marriages in locationsother than the Civil Registration Office, according to the same rules that apply to religious ministers.
Broadening of situations where divorces by mutual consent can be done by Civil Registration Office	• A simplified divorce process has been introduced for couples with underage children who file for divorce by mutual consent. The courts will no longer be involved in such cases. Instead, the power to declare the divorce will be granted to the Civil Registration Office. However, the parents must submit a custody proceedings document to the Public Prosecutions Office. The document will be evaluated to ensure the rights of underage children are safeguarded. Based on this evaluation, the Public Prosecutions Office will either authorize or refuse the divorce.
Digitalization of procedures related to death	• Death registration and certification are to be made electronically via information from the hospitals and without the need for intervention from family members. • Improved interagency communication between public services will facilitate updates on death registration and certification data. • Bureaucratic obstacles and fees relating to mortuary transfers and cremation will be eliminated.
Civil Registration Office will no longer assess causes of death	• Responsibility for assessing non-natural causes of death will be transferred automatically to the police forces for investigation and autopsy, removing this duty from the Civil Registration Office.