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132.01 RHRCH CH-NE

1 State - People - Authorities - 13 Citizenship Rights - Establishment - Residency - 132 Establishment and Residency - Chapter One Harmonization of Registers - Section One: Competent Authorities (RHRCH)

26 Articles / Provisions · Switzerland · Canton of Neuchâtel
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Table of Provisions (26)

Art. premier Implementing Regulation of the Law on the Harmonization of Official Registers of Persons and the Control of Inhabitants (RHRCH), of June 2, 2010 - Department Art. 2 Implementing Regulation of the Law on the Harmonization of Official Registers of Persons and the Control of Inhabitants (RHRCH), of June 2, 2010 - Service and Office Art. 3 Ordinance for the Implementation of the Law on the Harmonization of Official Personal Registers and the Control of Inhabitants (RHRCH), of June 2, 2010 Art. 4 Implementing Regulation of the Law on the Harmonization of Official Registers of Persons and the Control of Residents (RHRCH), of June 2, 2010 - Registers Art. 5 Implementing Regulation of the Law on the Harmonization of Official Registers of Persons and Inhabitant Control (RHRCH), dated June 2, 2010 Art. 6 Implementation Regulation of the Law on the Harmonization of Official Registries of Persons and Inhabitants Control (RHRCH), of June 2, 2010 Art. 7 Implementing Regulation of the Law on the Harmonization of Official Registers of Persons and the Control of Inhabitants (RHRCH), dated June 2, 2010 Art. 8 Implementing Regulation of the Law on the Harmonization of Official Registers of Persons and Population Control (RHRCH), of June 2, 2010 Art. 9 Implementing Regulation of the Law on the Harmonization of Official Registries of Persons and Population Control (RHRCH), dated June 2, 2010 - Competencies Art. 10 Implementing Regulation of the Law on the Harmonization of Official Registers of Persons and Population Control (RHRCH), of June 2, 2010 Art. 11 Implementing Regulation of the Law on the Harmonization of Official Registers of Persons and the Control of Residents (RHRCH), of June 2, 2010 - Principle Art. 12 Implementing Regulation on the Harmonization of Official Registers of Persons and Inhabitant Control (RHRCH), of June 2, 2010 - Housing Art. 13 Implementing Regulation of the Law on the Harmonization of Official Registers of Persons and Population Control (RHRCH), of June 2, 2010 - Data Transmission Art. 14 Implementing Regulation of the Law on the Harmonization of Official Registers of Persons and Residency Control (RHRCH), June 2, 2010 Art. 15 Implementing Regulation of the Law on the Harmonization of Official Registers of Persons and Population Control (RHRCH), of June 2, 2010 Art. 16 Implementing Regulation of the Law on Harmonization of Official Person Registers and Resident Control (RHRCH), of June 2, 2010 - Department Art. 17 Implementing Regulation for the Law on the Harmonization of Official Registers of Persons and Resident Control (RHRCH), of June 2, 2010 Art. 18 Regulation for the Implementation of the Law on the Harmonization of Official Registers of Persons and Population Control (RHRCH), of June 2, 2010 - Declaration of Arrival Art. 19 Implementing Regulation of the Law on the Harmonization of Official Registers of Persons and the Control of Residents (RHRCH), of June 2, 2010 - Special Stay Art. 20 Implementing Regulation of the Law on the Harmonization of Official Registers of Persons and Population Control (HRPC), of June 2, 2010 Art. 21 Implementation Regulation of the Law on the Harmonization of Official Registers of Persons and Inhabitant Control (RHRCH), of June 2, 2010 - Fees Art. 22 Implementation Regulation of the Law on the Harmonization of Official Registers of Persons and Population Control (RHRCH), of June 2, 2010 - Content Art. 23 Implementation Regulation of the Law on the Harmonization of Official Registers of Persons and Resident Control (RHRCH), of June 2, 2010 - Technical Requirements and Quality Controls Art. 24 Ordinance on the Implementation of the Act on the Harmonization of Official Registers of Persons and the Control of Residents (RHRCH), of June 2, 2010 - Data Transmission Art. 25 Implementing Regulation of the Law on the Harmonization of Official Registers of Persons and Resident Control (RHRCH), of June 2, 2010 - Repeal Art. 26 Regulation for the Implementation of the Law on the Harmonization of Official Registers of Persons and the Control of Residents (RHRCH), of June 2, 2010

Statutory Text (26 Articles)

1 State - People - Authorities - 13 Citizenship Rights - Establishment - Residency - 132 Establishment and Residency - Chapter One Harmonization of Registers - Section One: Competent Authorities

[4] 1 The Department of Security, Digitalization, and Culture (hereinafter: DSDC) is the competent department for the harmonization of official registers of persons.

2. It acts as the supervisory authority.

1 State - People - Authorities - 13 Citizenship Rights - Establishment - Residency - 132 Establishment and Residency - Chapter One Harmonization of Registers - Section One: Competent Authorities

The DSJS performs its tasks through the Economic Service, whose executive body is the Statistical Service (hereinafter: STAT), which ensures the proper implementation of the harmonization of registers.

1 State - People - Authorities - 13 Citizenship Rights - Establishment - Residency - 132 Establishment and Residency - Chapter One Harmonization of Registers - Section One: Competent Authorities

The IT department of the Neuchâtel Entity (hereinafter: SIEN) is responsible for IT and technical tasks.

1 State - People - Authorities - 13 Citizenship Rights - Establishment - Residency - 132 Establishment and Residency - Chapter One Harmonization of Registers - Section One: Competent Authorities

In collaboration with the SIEN, the following are kept in electronic form

b) the voter register.

1 State - People - Authorities - 13 Citizenship Rights - Establishment - Residency - 132 Establishment and Residency - Chapter One Harmonization of Registers - Section One: Competent Authorities

1. Municipalities shall maintain the residents' register and the electoral roll in electronic form.

2. They shall ensure that individuals residing in collective households (Art. 2, let. a bis of the OHR) are registered in the residents' register and, where applicable, in the electoral roll.

1 State - People - Authorities - 13 Citizenship Rights - Establishment - Residency - 132 Establishment and Residency - Chapter One Harmonization of Registers - Section One: Competent Authorities

1. Municipal data is compiled in the cantonal Persons Database (CPD).

2. Municipalities report to the CPD daily, via the cantonal computer network, each civil status event and change of address in their resident register.

1 State - People - Authorities - 13 Citizenship Rights - Establishment - Residency - 132 Establishment and Residency - Chapter One Harmonization of Registers - Section One: Competent Authorities

As long as no cantonal register of buildings and dwellings exists, municipalities must use the Federal Register of Buildings and Dwellings (RegBL) to record, in electronic form, the buildings and dwellings located in their territory, as well as to prepare the construction statistics required by the Federal Statistical Office (FSO).

1 State - People - Authorities - 13 Citizenship Rights - Establishment - Residency - 132 Establishment and Residency - Chapter One Harmonization of Registers - Section One: Competent Authorities

1. Municipalities provide the Neuchâtel Territorial Information System (SITN) with the nomenclature of streets and addresses located within their territory and must apply it.

2. The SITN manages the cantonal directory of streets and addresses and makes it available through its cartographic portal.

1 State - People - Authorities - 13 Right of Citizenship - Establishment - Residence - 132 Establishment and Residence - Chapter One Harmonization of Registers - Section 2: Social Security Number

In accordance with the relevant provisions, the STAT

a) collectively announces, for all the canton services that maintain the registers stipulated by the LHR, the systematic use of the AVS insurance number to the Central Compensation Office, which publishes the list on its website;

b) ensures that the municipal residents' control services (hereinafter referred to as: the municipal service) obtain the AVS insurance numbers through the SIEN, during its first comprehensive allocation.

1 State - People - Authorities - 13 Right of Citizenship - Establishment - Residence - 132 Establishment and Residence - Chapter One Harmonization of Registers - Section 2: Social Security Number

Municipalities are responsible for updating AVS insurance numbers, just like the other information in their residents' registry.

1 State - People - Authorities - 13 Right of Citizenship - Establishment - Residence - 132 Establishment and Residence - Chapter One Harmonization of Registers - Section 3: Building and Housing Number

As part of the harmonization of registers, a building number (federal building identifier, EGID) and a housing number (federal housing identifier, EWID) are assigned by the municipal service to each person registered in the residents' register.

1 State - People - Authorities - 13 Right of Citizenship - Establishment - Residence - 132 Establishment and Residence - Chapter One Harmonization of Registers - Section 3: Building and Housing Number

1. Each dwelling must be easily identifiable without ambiguity.

2. To that end, and if necessary, access to the dwelling must be ensured.

3. In complex buildings, municipalities may choose to physically number the dwellings.

1 State - People - Authorities - 13 Right of Citizenship - Establishment - Residence - 132 Establishment and Residence - Chapter One Harmonization of Registers - Section 3: Building and Housing Number

1. The data enabling the allocation and introduction of the housing number must be transmitted to the municipal service in a form that allows for computerized processing.

2. In principle, the municipal service manages contacts with data providers (owners, management companies, tenants).

3. If necessary, the STAT may propose a format, a reference day, and methods for data transmission.

**1 State - People - Authorities - 13 Right of Citizenship - Establishment - Residence - 132 Establishment and Residence - Chapter One Harmonization of Registers - Section 4: Provision and Use of Data**

1. The data contained in the municipal registers are systematically made available to the cantonal administration through the BDP for administrative management purposes or for statistical purposes.

2. Upon the proposal of the STAT, in collaboration with the SIEN, the DESC establishes guidelines concerning the procedure for consultation, the transmission, and the reciprocal use of data between the State and the municipalities.

**1 State - People - Authorities - 13 Right of Citizenship - Establishment - Residence - 132 Establishment and Residence - Chapter One Harmonization of Registers - Section 4: Provision and Use of Data**

The individual responsible for monitoring residents shall, as a matter of course, communicate in encrypted form and electronically, via the secure cantonal network and federal IT platform, the inter-cantonal or inter-communal arrivals and departures to the respective communes of origin and destination.

1 State - People - Authorities - 13 Right of Citizenship - Establishment - Residency - 132 Establishment and Residency - Chapter 2 Control of Residents - Section One: Competent Authorities

The Department of Security, Digitalization, and Culture (DSDC) is the competent department for resident control.

2. It is the supervisory authority for this matter.

1 State - People - Authorities - 13 Right of Citizenship - Establishment - Residency - 132 Establishment and Residency - Chapter 2 Control of Residents - Section One: Competent Authorities

[5] 1 The DSDC performs its duties through the cantonal population service [6].

2. In addition to the responsibilities conferred by law and the DSDC, the cantonal population service

a) ensures that regulations on resident control are applied uniformly by those in charge of resident control;

b) advises and informs those in charge of resident control;

c) develops the necessary guidelines and ensures their implementation;

d) prepares, after consulting with those in charge of resident control, standard forms concerning, in particular, certificates of residence, stay certificates, and declarations of domicile;

e) provides training for those in charge of resident control and their deputies.

1 State - People - Authorities - 13 Civic Rights - Establishment - Residence - 132 Establishment and Residence - Chapter 2 Resident Control - Section 2: Resident Control

1 The Declaration of Arrival (Art. 39 LHRCH) must contain the following information for each person

a) the thirteen-digit AVS insured number (NAVS 13);

b) the number assigned by the office to the municipality and the official name of the municipality;

c) the building identifier according to the Federal Register of Buildings and Dwellings (RegBL) of the office;

d) the dwelling identifier according to the RegBL, the household of which the person is a member, and the category of household;

e) the official name of the person and other names recorded in the civil register;

f) the full given names listed in exact order;

g) the address and postal address, including the postal code and locality;

h) the date of birth and place of birth;

i) the place of origin, if the person is of Swiss nationality;

j) the sex;

k) the civil status;

l) affiliation with a religious community recognized under public law or otherwise recognized by the canton;

m) the nationality;

n) type of authorization, if the person is of foreign nationality;

o) establishment or residency in the municipality;

p) the municipality of establishment or the municipality of residence;

q) the date, municipality, or state of origin;

r) the right to vote and eligibility at the federal, cantonal, and communal levels.

2. Additionally, it may contain the following information

a) the mother tongue;

b) full parentage;

c) the profession;

d) the name and address of the employer and, for self-employed persons, the place of work;

e) other nationalities;

f) family relations (links with the spouse or minor children);

g) any legal representative;

h) customary or maiden names.

3. In the case of stay (Art. 44, para. 3 LHRCH), each person of foreign nationality shall present as a form of identification an unexpired identity card or passport issued by their diplomatic or consular representation.

1 State - People - Authorities - 13 Civic Rights - Establishment - Residence - 132 Establishment and Residence - Chapter 2 Resident Control - Section 2: Resident Control

Stay Declaration (Art. 47 LHRCH) is applicable, by analogy, to individuals residing in a communal household (Art. 2, para. a bis OHR), as well as to individuals ("globetrotters") whose last residence is within the municipality and who have not established a new residence, neither in Switzerland nor abroad (Art. 24, para. 1 CC), and are registered under the category "administrative household".

1 State - People - Authorities - 13 Civic Rights - Establishment - Residence - 132 Establishment and Residence - Chapter 2 Resident Control - Section 2: Resident Control

1 The departure declaration contains the following information

c) in the event of death: the date.

2. During a departure declaration (Art. 50 HRAHR), the data collected may be communicated by the person in charge of resident control to other services or entities that require it for the fulfillment of their duties.

1 State - People - Authorities - 13 Civic Rights - Establishment - Residence - 132 Establishment and Residence - Chapter 2 Resident Control - Section 2: Resident Control

1. The following fees are collected per adult

a) issuance of a certificate of residence upon arrival, change of data, or upon request .................................................................... Fr. 10.—

b) issuance and renewal of a certificate of residency .......................... Fr. 10.—

c) issuance and renewal of a domicile declaration .............................. Fr. 10.—

d) duplicates and other certificates ..................................................... Fr. 10.—

e) issuance of a certificate of residence and life .................................. Fr. 10.—

f) issuance of a certificate of departure ............................................. Fr. 10.—

2. Any information provided, in any form, is subject to a fee ranging between 10 and 200 francs, depending on the time spent; an exemption may be granted for non-commercial use.

3. The fees are collected and received by the persons responsible for population control; they remain the property of the municipality.

1 State - People - Authorities - 13 Citizenship - Settlement - Residence - 132 Establishment and Residence - Chapter 2 Resident Control - Section 3: Municipal Register of Residents

1. In addition to the information contained in the arrival declaration, the municipal residents' register must include the following technical information

a) individual identification numbers (personal number, NAVS13);

b) the type of documents submitted;

c) the type of residence permit (for foreign nationals);

d) "household" relationships (persons living in the same dwelling);

e) the address by EGID, EWID, administrative or other building and dwelling numbers;

f) other types of addresses (other possible places of stay, current residence in case of stay, previous addresses in the municipality, etc.);

g) dates concerning any event or characteristic of the arrival or departure declaration (date of document submission, date of departure, date of death, date of change of civil status, name, nationality, address, etc.);

h) if known, dates related to permits issued to foreign nationals (date of entry into Switzerland, date of document submission in the canton, start and expiration dates of the permit's validity, date of asylum application submission, date of provisional admission, date of change in type of residence permit, etc.);

i) start and expiration dates of documents provided by the municipal residents' control service.

2. The SIEN may authorize personnel in charge of residents' control to temporarily defer the entry of this information in the municipal register, taking into consideration, particularly, the computer resources at their disposal.

1 State - People - Authorities - 13 Citizenship - Settlement - Residence - 132 Establishment and Residence - Chapter 2 Resident Control - Section 3: Municipal Register of Residents

1. Persons responsible for the control of residents are required to comply with the procedures defined by the software publishers for the registers of residents and approved by the SIEN.

2. They must collaborate in the periodic quality controls organized by the SIEN and participate in the necessary updating of the registers.

1 State - People - Authorities - 13 Citizenship - Settlement - Residence - 132 Establishment and Residence - Chapter 2 Resident Control - Section 3: Municipal Register of Residents

The information contained in the municipal residents' registers is automatically transmitted daily between registers through the cantonal and federal secure network.

1 State - People - Authorities - 13 Citizenship Rights - Establishment - Residence - 132 Establishment and Residence - Chapter 3 Final Provisions

The Implementing Regulation of the Law on the Control of Residents (IRLCdR) of December 23, 1998 [7], is repealed.

1 State - People - Authorities - 13 Citizenship Rights - Establishment - Residence - 132 Establishment and Residence - Chapter 3 Final Provisions

1. This regulation shall enter into force on June 15, 2010.

2. It shall be published in the Official Gazette and included in the Compendium of Neuchâtel Legislation.

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