Ordinance on the Act on Registers of Inhabitants and Other Registers of Persons and Objects (Register of Inhabitants Ordinance, ERV) (Einwohnerregisterverordnung, ERV) - Office for Register Harmonization (ERV)
Table of Provisions (41)
Statutory Text (41 Articles)
1. The Department of Economic Affairs and Social Services is responsible for the coordination, implementation, and quality control of register harmonization in accordance with superior law and for the data delivery to the federal government when adopted by the canton.
2. It also serves as the cantonal advisory and contact point for matters concerning register harmonization.
1. In this regulation, the following mean
a) GWR: federal building and housing register;
b) BFS: Federal Office for Statistics;
c) Sedex: central information and communication platform of the federal government (secure data exchange);
d) Infostar: civil status register;
e) ZEMIS: Central Migration Information System;
f) UPI: Unique Person Identification.
1. The software for the population registers must be certified by the BFS as released for Sedex.
2. The software must support the following Sedex messages (sending and receiving)
a) Quarterly statistical data reporting to the BFS (message type 99);
b) Regular use of validation service (message type 94);
c) UPI inquiry (message type 85);
d) Update of the municipality directory (message type 71) and the directory of states and territories (message type 72).
3. As of January 1, 2012, the following messages must also be supported
a) UPI comparison (message type 86);
b) Receipt of mutation reports from Infostar (message type 20001) and ZEMIS (message type 20101);
c) Relocation messages between population registers (message type 93);
d) Mutation messages to a cantonal platform (message type 10001);
e) Comprehensive data delivery to a cantonal platform (message type 10099).
1. The municipality conducts its construction administration using suitable construction software, which also facilitates the reporting of construction statistics to the GWR. This software must be certified for the current web services of the BFS and must enable synchronization of the municipal data with the GWR.
2. The software of the GWR may also be used.
1. Characteristics, along with their manifestations, nomenclatures, and codifications, shall primarily be maintained according to the feature catalogs of the federal government.
2. Secondly, the characteristics shall be maintained according to the standards set by the Association for the Standardization of eGovernment, insofar as the corresponding characteristics are defined.
3. The municipality shall maintain in the residents' register, for foreign nationals recorded in Infostar, not only the official name listed there but also the name as recorded in ZEMIS according to their foreign passport.
1. The municipality may require the presentation of the following official documents to record the characteristics
a) Civil status certificate, family certificate, or partnership certificate;
b) Identity card;
c) Passport;
d) Driver's license;
e) Foreigner's permit.
2. If these documents are insufficient, the municipality may request additional relevant documents, such as an employment contract or rental agreement.
3. It may require the specification of occupation and employer.
4. It may summon the person if this is necessary for recording the characteristics.
5. Civil status events of Swiss nationals that occurred abroad are to be entered into the residents' register only once they are recorded in Infostar.
6. If the municipality suspects errors in Infostar or ZEMIS, it is obliged to notify the responsible authorities.
1. All construction and renovation projects requiring approval must be recorded in the GWR immediately after submitting the building application.
2. All status changes of these projects must be updated.
1. The municipality determines the data to be transmitted, the group of persons concerned, as well as the form and periodicity of the transmission.
1. The information about the apartments must specifically include the number of rooms, the floor, and the location.
2. The municipality shall keep the burden on private individuals as low as possible in this regard.
1. The notification must particularly include the address of the business and details of the premises required for the operation of the business.
2. If the owner of a sole proprietorship does not reside at the location of the business, they must deposit a current certificate of residence with the municipality at the location of the business.
3. For legal entities as well as general and limited partnerships, an excerpt from the commercial register must be deposited.
1. Foreign nationals must deposit a certificate regarding their civil status with the settlement municipality if there is an entry in Infostar.
2. If no such entry exists, appropriate documents must be deposited, provided they can be obtained.
1. The home municipality issues the residence certificate for the purpose of registering a secondary residence in a stay municipality. The certificate contains
a) all minimal characteristics;
b) the stay municipality;
c) the corresponding note "for registration to stay";
d) the issue date.
2. An alternative designation for the residence certificate for Swiss nationals is Certificate of Origin.
1. The municipality of residence may request a new certificate of residence every twelve months. An update of the certificate with the stamp and signature of the municipality of establishment is permissible.
2. If the municipality of establishment or marital status changes, a new certificate of residence must be submitted.
1. For other justified purposes, the municipality of residence shall issue a residence confirmation upon request.
2. With the residence confirmation, the relevant person certifies that they have correctly registered with the municipality for residency.
3. An update of the residence confirmation with a stamp and signature is permissible.
1. The municipality defines the entirety of the apartments to be numbered.
1. The numbering scheme and the placement of the physical number plates shall be in accordance with the guideline on apartment numbering published by the BFS.
2. Existing numberings may be retained.
1. The municipality determines the type of signs in the case of a physical numbering. It may allow different signs for individual buildings upon request. The costs shall be borne by the responsible parties.
1. The lists of dwellings and residents to be provided at the request of the municipalities shall include, in particular, the number of rooms, the floor, the location on the floor, the tenants, and, as far as known, other residents.
2. Upon completion of the numbering, the municipality shall return the revised lists with the residents and the official dwelling number to the original data providers.
1. The land registry office reports any change of ownership to the municipality within one month, provided that the official apartment number has been introduced in the respective municipality.
2. In the event of changes in ownership, the municipality informs the acquirer about the official apartment number.
1. The municipality directly supplies the data from its population registers to the federal government in accordance with superior laws. Should the data meet a sufficient quality standard, the canton assumes the responsibility for the delivery.
2. The municipalities receive the electronic mutation notifications from Infostar and ZEMIS via Sedex.
1. If a person changes their commune of domicile, the former commune of domicile shall transmit the relevant data to the new commune of domicile. The new commune of domicile shall inform the communes of residence about the relocation.
2. If a person establishes residence in a commune, the commune of domicile shall transmit the relevant data to the new commune of residence.
3. If a person moves away from a commune of residence, the latter shall report the departure to the commune of domicile.
1. The municipality provides the canton with the complete data set of its residents' register twice a year, at mid-year and year-end, as well as when a data reconciliation is necessary.
2. Data changes must be delivered on a daily basis.
3. Deliveries are made according to the eCH-0020 standard.
1. The municipalities or the canton use the federal validation service at least once a month.
2. Based on the feedback from the validation service, the characteristics are to be corrected and supplemented accordingly.
1. The registers must be secured against theft and data loss.
1. The Government Approves the Authorization Concept and Takes Measures in Case of Unlawful Data Use.
1. The Department of Economic Affairs and Social Services requests the approval of the authorization concept and the implementation of measures.
2. It reviews applications for data access and monitors logs for lawful data usage.
3. Additionally, it ensures the publication of the authorization concept.
1. The Office of Informatics operates the data platform. It is responsible for the technical support and consultation of the authorized parties and authorities, as well as for concluding agreements between these parties and the canton regarding specific services and their remuneration.
2. The Tax Administration is responsible for the professional support and consultation of the authorized parties and authorities concerning the personal registry, as well as of the data providers. It coordinates the handling of professional concerns of the involved parties.
1. The following public law institutions of the canton are granted access to the data on the data platform
a) Unemployment Insurance Fund of Graubünden;
b) Elementary Damage Insurance Fund of the Canton of Graubünden;
c) Building Insurance of Graubünden;
d) University of Teacher Education Graubünden;
e) Pension Fund Graubünden;
f) Psychiatric Services Graubünden;
g) Social Insurance Institution of the Canton of Graubünden.
1. An authorization concept is issued to regulate the scope of access for authorized entities and authorities.
2. The concept specifies for each authorized entity and authority the extent of access by indicating the purpose of access or legal obligation, legal basis, authorization group, list of features, functions, area, event notifications, and type of access.
3. The authorized entities and authorities shall report to the Office for Informatics the current individuals belonging to an authorization group, according to its specifications.
1. Access to the data will only be granted after the authorization concept has been approved.
2. Any change or adjustment to the authorization concept requires approval.
3. The authorization concept will be published on the internet.
1. To access the data on the data platform, an application must be submitted to the Department of Economic Affairs and Social Services, providing all information necessary to determine the scope of access.
2. After reviewing the application for compliance with legal requirements, the scope of access, along with other details, will be included in the authorization concept.
1. The log shall contain at least the reading, modifying, and deleting of data as well as data exports.
2. Access to the data on the data platform via third-party systems, which the data platform cannot log, must be logged by the third-party system. If the required logging is not ensured, access will not be granted or will be revoked. The logs must be made available for review.
3. The logs must be retained for at least one year.
4. If the review of the logs reveals any irregularities, appropriate measures must be taken immediately.
1. Authorized Entities and Authorities are required to actively cooperate to ensure a lawful and technically, as well as professionally, impeccable operation and to provide all information required by the competent authorities.
1. The following collective households establish statistical residence for their residents (patients or inmates)
a) Correctional institutions;
b) Institutions for custodial measures;
c) Semi-detention facilities;
d) Minimal centers;
e) Psychiatric clinics.
1. Persons who have a statistical residence in a municipality are exempt from the obligation to register upon arrival and departure with respect to this residence and are not required to submit any documentation.
1. Persons with statistical residence are not listed in the municipal population register at the location of the collective household.
2. In the municipality of permanent residence, the location municipality of such a collective household is not to be used as a characteristic.
1. Managers of collective households according to this section do not need to report the residents to the location municipality of the household or the municipality of domicile.
2. The managers of such collective households must report the household to the department by October 31st of each year at the latest. In doing so, they must disclose the affected buildings and a contact person for data submissions to the Federal Statistical Office (FSO).
1. The managers of collective households under this section shall submit to the FSO the data of the residents who stayed overnight continuously in the collective household between October 1 and December 31.
2. This data submission must be completed between January 1 and January 15. The data must be retained until the end of April.
3. All characteristics according to the minimum requirements of the FSO for these individuals must be submitted.
4. The format of this data submission must comply with the requirements of the FSO.
1. Persons with a statistical residence and their representatives are obligated to provide truthful information about the necessary characteristics to the heads of collective households and to substantiate this information if required.
2. The municipality of residence is obligated, upon request, to inform the heads of collective households, free of charge, of the corresponding characteristics of the residents according to this section.
1. Upon the entry into force of this Regulation, the transitional provisions for the implementation of the Register Harmonization Act of September 16, 2008, as well as the implementing provisions for the Swiss Settlement Act of August 27, 1984, shall be repealed.
1. This regulation shall enter into force with the Act on Population Registers.