Act on the Acquisition and Loss of Cantonal and Communal Citizenship (Citizenship Act, BRG) (Bürgerrechtsgesetz, BRG) - Scope (BRG)

1. The acquisition and loss of Swiss citizenship by operation of law, as well as re-naturalization and facilitated naturalization, are exclusively governed by federal law.

2. Ordinary naturalization is governed by the provisions of this law and its implementing decrees. Insofar as these contain no provisions, the Federal Act on Swiss Citizenship (BüG) and its implementing decrees (hereinafter referred to as federal law) shall apply mutatis mutandis.

2a. Where federal law refers to Swiss circumstances, cantonal and municipal circumstances are also meant.

3. The conditions and procedure for the acquisition and loss of municipal citizenship, insofar as the cantonal citizenship is not affected thereby, are regulated by the municipality.

1. The cantonal naturalization authority acts as a naturalization commission.

2. The municipal naturalization authority is determined according to Article 98 and Article 99 of the Cantonal Constitution.

1. Designations of persons in this law and the decrees based thereon apply to individuals of both genders.

2. The term "municipality" in this law and the decrees based thereon refers to the municipality responsible for citizenship matters.

1. Naturalization under this law grants all the rights and obligations of a canton and municipal citizen, but does not confer the citizenship rights and usage rights of corporations or communal property associations, unless this is provided for under the law of the respective corporation or communal property association.

1. Non-canton citizens may acquire cantonal and municipal citizenship only simultaneously.

2. A prerequisite for the granting of cantonal citizenship is the assurance of municipal citizenship.

3. The assurance of municipal citizenship expires if cantonal citizenship is not granted within three years.

1. Naturalization applications must be submitted to the municipality of residence.

2. If the municipal naturalization authority has granted municipal citizenship, the application must be forwarded to the canton for the issuance of cantonal citizenship.

3. If cantonal citizenship can be granted to a foreigner, the application is to be forwarded to the federal authorities for the issuance of the federal naturalization approval. Otherwise, the cantonal naturalization authority must decide directly on the application.

4. With the cantonal naturalization decision, all affected citizenship rights are acquired.

5. If cantonal citizenship is not granted, the assurance of municipal citizenship lapses.

1. Foreign nationals must demonstrate a continuous residence of at least five years in the canton and the same municipality immediately prior to submitting the application. The residence requirements of federal law apply.

2. The facilitations according to Art. 10 of the Swiss Citizenship Act (BüG) also apply.

3. Swiss citizens must demonstrate a continuous residence of at least three years in the canton and the same municipality immediately prior to submitting the application.

1. For foreigners, the naturalization requirements of federal law apply, insofar as this law or its implementing decrees do not contain any divergent provisions.

2. For Swiss citizens, the naturalization requirements of Art. 11 letter c and Art. 12 para. 1 letters b and e of the Swiss Citizenship Act (BüG) do not apply.

1. Language proficiency must be demonstrated in the German language.

2. The applicant must prove the following basic civic knowledge of Switzerland, the canton, and the municipality

a. Knowledge of the naturalization process;

b. General rights and duties, particularly those arising from citizenship;

c. Structure and content of the state and the community;

d. Geographical and historical conditions;

e. Political conditions;

f. Social conditions, particularly lifestyles, customs, and traditions.

1. Prior to the granting of citizenship, it must be assessed whether the applicant is suitable for naturalization.

2. Language skills as well as basic civic knowledge must be demonstrated by foreigners through an examination.

3. The consideration of personal circumstances is governed by federal law.

1. Foreign nationals must be in possession of the federal naturalization permit for the cantonal naturalization decision.

1. As a rule, the minor children of the applicant are included in the naturalization if they live together with the applicant. Article 30 of the Citizenship Act applies.

1. Minors may submit the application for naturalization only through their legal representative.

2. From the age of 16, applicants must also declare in writing their own desire to acquire cantonal and municipal citizenship rights.

1. A citizen of the canton is released from the cantonal and municipal citizenship upon request if they do not have a residence in the canton and possess or are assured of another state or cantonal citizenship.

2. The release from cantonal citizenship entails the loss of municipal citizenship.

1. The minor children, who are under the parental care of the individual being released, are included in the release; however, minor children over the age of 16 are included only if they provide written consent.

2. They must also not have residency in the canton and must possess a different national or cantonal citizenship, or have been assured of such citizenship.

1. The release of minors from citizenship shall be governed mutatis mutandis by Article 10 of this law.

1. The naturalization may be declared null and void by the cantonal naturalization commission if it was obtained through false information or concealment of significant facts.

2. The conditions and scope of the declaration of nullity are governed by federal law.

3. The fee paid for the naturalization process will not be refunded after the declaration of nullity.

1. Subject to specific provisions of cantonal law and federal law, the cantonal administrative procedural law is applicable to all proceedings related to citizenship.

1. The cantonal and municipal authorities may process personal data to fulfill their duties in accordance with federal and cantonal citizenship legislation, including data that allow for the assessment of the applicant's eligibility requirements, and particularly sensitive data regarding religious beliefs, political activities, health, social assistance measures, and administrative or criminal prosecutions and sanctions.

1. Article 45 BüG governs administrative assistance. The authorities, institutions, and agencies of the canton and municipalities are obliged, upon justified and written request, to provide all data necessary for the fulfillment of their duties to the communal and cantonal authorities entrusted with the enforcement of this law, on a case-by-case basis.

1. The applicant has the right to access the files at every stage of the proceedings with the respective competent authority.

1. Against the decision of the municipal naturalization authority, the applicant may file a written and reasoned appeal with the government council within 20 days from the announcement.

2. For appeals concerning violations of voting rights or irregularities in the preparation or execution of the municipal assembly, Art. 54 ff. of the Voting Act applies.

1. Whoever initiates a decision or action under this law must pay a fee.

1. The Cantonal Council sets the fee framework for the naturalization procedure, the release procedure, and the annulment procedure by ordinance.

2. The cantonal fees are determined in detail according to the provisions of the General Fees Act and its implementing decrees, as well as the Administrative Procedure Ordinance.

1. Fees are generally collected through advance payments.

1. The municipality shall determine the cost-covering fees for the procedure to acquire municipal citizenship.

1. The Rights of the Old Inhabitants Remain Reserved.

1. The decision made by the competent authority of the canton of Nidwalden regarding the release from the cantonal and Swiss citizenship, as well as concerning the determination of whether a person possesses the cantonal and Swiss citizenship, shall also apply to the canton of Obwalden with respect to the old residents.

1. Members of the old rural families who wish to acquire citizenship in the canton of Obwalden must obtain the assurance of municipal citizenship through the regular procedure.

2. For the granting of cantonal citizenship, it is sufficient for the cantonal naturalization commission to determine that the applicant is a member of an old rural family and, therefore, automatically a cantonal citizen.

1. Persons who have rendered exceptional service to the community may be granted honorary citizenship.

2. The conferment of honorary citizenship is not subject to any additional requirements, such as residency requirements in particular.

1. The conferment of honorary citizenship does not have the effects of naturalization.

2. Honorary citizenship has no impact on existing citizenship rights.

3. Honorary citizenship is personal and non-hereditary.

1. The cantonal council is responsible for granting honorary citizenship of the canton.

2. The municipal assembly is responsible for granting honorary citizenship of the municipality.

1. Provisions Contravening This Law Are Repealed, Specifically

a. The Law on the Acquisition of Cantonal Citizenship of May 10, 1942;

b. The Implementing Provisions to the Legislation on Citizenship of January 17, 1953.

1. For the acquisition and loss of cantonal and municipal citizenship rights, the law in force at the time of the decision is decisive.

2. In multi-level decisions, the relevant time is that of the decision by the last instance.

1. Obwaldner Cantonal and Municipal Citizenship Rights that lapsed before the enactment of the amendment do not revive upon the repeal of the provisions concerning the restriction of multiple citizenship.

2. In deviation from Art. 31 para. 2 of this law, the law in effect at the time of the decision is decisive for the collection of contributions.

3. Furthermore, Art. 31 of this law applies.

1. The transitional provisions of federal law apply.

1. The Cantonal Council shall issue the necessary implementation regulations by ordinance. It shall specifically regulate the competencies required under federal law, as well as the procedure.

1. This law shall enter into force upon acceptance by the people.