Ordinance on the Register of Residents (Residents Register Ordinance, ERV) (Einwohnerregisterverordnung, ERV) - Purpose and Scope (ERV)
Table of Provisions (27)
Statutory Text (27 Articles)
1. The purpose of the residents' register is to monitor the residence and settlement of natural persons in the municipalities.
2. The municipalities record Swiss and foreign persons in the residents' register.
3. The municipalities provide the authorities, as well as departments and offices of the Confederation, the canton, and the municipalities, with the necessary basic information about the residents in accordance with the Municipal Residence and Domicile Control Act (kRHG) and this ordinance.
1. Upon request, a private individual or organization may be provided with the name, first name, gender, address, occupation, date of birth, place of origin, nationality, type of residence permit, and the validity date of the foreigner's identity card, as well as the registration and deregistration of a person's place of residence, if a legitimate interest can be credibly demonstrated.
2. If data is used exclusively for protected ideal purposes and is not shared with third parties, it may be disclosed in an organized manner according to specific criteria.
2a. Public law institutions pursuant to Art. 107 KV must be provided with the necessary basic information for the management of their citizen registers.
3. The Data Protection Act applies in all other respects.
1. The Government Council is the supervisory authority.
2. It may issue supplementary regulations concerning the organization, responsibilities, procedures, and fees in implementing provisions after hearing the municipal communities.
3. The Office of Justice is authorized to process or have processed personal data, including particularly sensitive data, necessary to exercise oversight over the civil registries for the Government Council. To fulfill its supervisory duties, it may access the relevant registers, information systems, and databases.
1. The State Chancellery is the issuing authority for biometric passports, identity cards, and other travel documents.
2. It receives applications from the applicant via the Internet, by telephone, or in person and operates the cantonal registration center for biometric documents.
3. The Cantonal Police is responsible for receiving reports of loss of biometric documents and is the authorized cantonal body with access to the information system pursuant to Article 12 of the Identity Document Act.
1. The municipal registry designates a resident registration office.
2. The resident registration office
a. maintains the resident register electronically;
b. assigns each person in the resident register a building identifier (EGID) and a dwelling identifier (EWID) from the building and dwelling register (GWR);
c. provides the cantonal capture center for biometric passports with the resident register data electronically;
d. issues certificates (e.g., residence certificate);
e. issues interim permits and permits for settlement or residence, or extends them;
f. monitors issued interim permits;
g. issues native certificates if necessary;
h. notifies the other resident registration office with complete data of inhabitants moving within the canton or between cantons;
i. fulfills additional reporting obligations imposed by legislation.
3. The resident registration office must maintain the register accurately, correctly, and completely with respect to the recorded demographic segment.
4. The government council specifies in implementation provisions the time frame within which updates to the resident register must be recorded.
1. Biometric Passports, Identity Cards and Travel Documents for Foreign Nationals are issued with the features according to the Passport Act or Federal Act on Foreign Nationals by the Canton.
2. The Government Council may delegate the issuance of provisional passports to another canton through an administrative agreement. In such cases, the procedural law of the commissioned canton shall apply.
1. The Certificate of Origin is the citizenship certificate of the Swiss female or male citizen.
1. The establishment permit certifies that the person is settled in the respective resident municipality, while the residence permit certifies the stay.
2. The validity of the residence permit must be limited.
1. The interim certificate (residence certificate) confirms, upon request, that individuals who wish to temporarily reside in another municipality are settled in the relevant home municipality.
2. The validity of the interim certificate shall be limited according to the specific reason for the stay.
1. Foreigner's Permits are issued by the Migration Department once the registration procedure at the resident registration offices is completed and a certificate of compliance with insurance obligations is provided.
1. Any person relocating must deregister with the municipality of their previous residence and register with the residents' registration office of the new municipality of residence within 14 days following the move.
2. The obligation to register also applies to a move within a municipality or within a building.
1. Exemption from the Duty to Register is Granted to Those Who
a. stay in a municipality for less than three consecutive months or three months within a year;
b. stay in a municipality for the purpose of attending an educational institution or school;
c. are accommodated in a care, custodial, medical, or correctional facility.
1. The Government Council shall, after consulting the municipal authorities, issue a catalog of the data contained in the residents' register through implementing provisions. The minimum content shall be in accordance with Art. 6 of the RHG and Art. 6 of this ordinance.
2. Those required to register shall provide truthful information about the data necessary for maintaining the residents' register and shall document their information upon request by the residents' registration office.
1. If the specified information changes or new information is added, the affected person must report this to the residents' registration office within 14 days.
2. By notifying the residents' registration office, the affected person also fulfills any other reporting obligations towards cantonal and municipal authorities. Conflicting federal reporting obligations are reserved.
3. The residents' registration office shall inform the affected person that the reporting obligation according to paragraph 2 has been fulfilled with the change notification.
4. If cantonal and municipal authorities become aware of a reportable matter, they must report it to the responsible residents' registration office. If necessary, this office shall request the affected person to report, providing an appropriate deadline.
1. Heads of collective households pursuant to Art. 2 letter a of the RHV are required to report to the local municipality the residents and the characteristics prescribed by the federal government as of the cut-off date, December 31, without charge. The report must be submitted by January 15 of the following year.
2. The residents' registration office must supply the data according to the federal template by January 31 of the following year to the federal government.
3. The residents' registration office must retain the data at least until April 30 of the year following the cut-off date.
1. If the reporting obligation pursuant to Articles 11 and 14 of this regulation is not complied with, the following persons are obligated to provide information free of charge to the competent resident registration office
a. Employers regarding the persons employed by them;
b. Landlords, landladies, and property management companies regarding tenants moving in, moving out, and currently residing;
c. Providers of lodgings regarding the persons residing in their household.
2. Electric utility companies and other providers of network-bound services are required to provide the resident registration office with information free of charge regarding the data necessary for the determination and updating of housing identification.
3. Property owners and property management companies are obliged to provide the municipal administrations with data for EGID (Building and Dwelling Identifier) and EWID (Housing Unit Identifier) assignment from the lists of dwellings and residents free of charge.
4. Municipal administrations may cooperate with third parties for the EGID and EWID assignment and, if necessary, conduct a building inspection.
5. The offices of the canton and the municipal administrations are obligated to provide mutual information free of charge.
1. Residents are required to deposit their certificate of origin.
2. Exempt from depositing a certificate of origin are
a. Municipal citizens who reside in their home municipality, provided that no certificate of origin has already been issued for them;
b. * Minors living with their parents or a parent and possessing the same citizenship and family name as them.
3. The local municipality confirms the deposit in the residence permit.
1. Residents must deposit the interim permit.
2. The registration office confirms the deposit in the residence permit.
3. Interim permits must be renewed before the expiry of their validity.
1. When changes are made to reportable data, new documents must be submitted at the request of the residents' registration office.
1. Any person who moves away from a municipality has the right to the return of their deposited documents.
2. Safeguarding measures taken by other authorities remain reserved.
1. For certificates, identification documents, and other services, fees up to CHF 1,000 may be charged.
2. The government council shall issue a fee schedule after consulting the municipalities.
1. An appeal against decisions and orders of the Residents' Register Office can be filed with the Municipal Council within 20 days in a written and reasoned form.
2. An appeal against decisions of the Municipal Council can be filed with the Government Council within 20 days in a written and reasoned form.
1. Any person who violates the obligation to report or provide information, fails to present the necessary identification or certificates, or provides false information shall be punished with a fine.
2. Negligent commission of the act is punishable.
1. The new law is applicable to pending proceedings.
2. The certificates and documents issued under previous law remain valid.
3. Identity cards without a data chip can be applied for in the municipality of residence according to the Federal Resolution on the Development of the Schengen Acquis of June 13, 2008, until February 28, 2012, under previous law.
1. ...[13]
1. Repealed are
a. the Ordinance on Residents' Registration of November 22, 1996[14];
b. the Implementing Provisions on the Issuance of Identity Documents for Swiss Nationals of November 5, 2002[15];
c. the Implementing Provisions on the Central Register of Foreign Nationals of December 6, 1982[16].
1. The Government Council shall determine when this ordinance enters into force.