Act Concerning the Acquisition and Loss of Municipal and Cantonal Citizenship (Bürgerrechtsgesetz) - Male and Female Designations
Table of Provisions (33)
Statutory Text (33 Articles)
1. The terms citizen, foreigner, spouse, applicant, etc., apply to individuals of both genders unless the context or the execution provisions of the law indicate otherwise.
1. Acquisition and Loss of Municipal and Cantonal Citizenship by Operation of Law are governed by the Swiss Civil Code, the Federal Legislation on Swiss Citizenship, and the Provisions of this Law.
1. The foundling acquires the citizenship of the municipality in which it is found.
1. Cantonal citizens who acquire the citizenship of another canton lose the cantonal and municipal citizenship in the canton of Zug if, upon request from the Department of the Interior, they do not declare in writing within a month that they wish to retain it.
2. Cantonal citizens who acquire the citizenship of another municipality in Zug lose their previous municipal citizenship if, upon request from the Department of the Interior, they do not declare in writing within a month that they wish to retain it.
3. Paragraphs 1 and 2 do not apply to honorary citizenship.
1. Municipal and cantonal citizenship can only be granted to applicants who are deemed suitable based on their personal circumstances.
2. In particular, it must be assessed whether the applicant is familiar with Swiss, cantonal, and local lifestyles, knows and intends to respect the rights and obligations associated with citizenship, possesses sufficient language skills for communication with authorities and fellow citizens, and can demonstrate orderly personal, family, and financial circumstances.
3. Only those who have not received social assistance or have fully reimbursed it in the last five years before submitting the naturalization application and during the naturalization process can be naturalized.
4. Applicants demonstrate sufficient language proficiency if they possess verbal German skills at a minimum of reference level B2 and written German skills at a minimum of reference level B1, according to the generally recognized European framework of reference for languages, and can provide corresponding language certification.
5. If the Department of the Interior or the Citizens' Council has doubts regarding sufficient language skills, a language certification as per paragraph 4 may be required, which must be completed at the designated location by the canton.
6. The language certification as per paragraph 4 is fulfilled if the applicant
a) speaks and writes German as their native language;
b) has completed at least five years of compulsory schooling in the German language;
c) has completed vocational training or higher education in the German-speaking region and in the German language; or
d) possesses a language certificate that attests to the language skills as per paragraph 4 and is based on a language testing procedure that meets the generally recognized quality standards for language tests.
7. The Council of State regulates the details.
1. Spouses may be naturalized individually.
1. The minor children of the applicant are generally included in the naturalization process, but children over 16 years of age only if they provide written consent.
2. Children of a Swiss woman who is married to a Swiss citizen and is individually naturalized are not included in the naturalization process. Other exceptions are to be expressly decided by the competent authority.
1. Minors may submit an independent application for naturalization no earlier than after reaching the age of 16.
2. In the naturalization process, they are represented by their legal representative.
1. Swiss citizens may acquire the municipal citizenship of their place of residence if they have lived in the Canton of Zug for at least five years, with the last year spent continuously in the municipality where they are applying for naturalization.
2. Absence due to educational or professional training does not interrupt the required years of residence.
1. Foreign nationals who possess the federal naturalization permit may acquire the municipal citizenship of their place of residence if they have resided in the Canton of Zug for at least five years, with the last three years continuously in the municipality where they are applying for naturalization.
2. Absence due to educational or professional training does not interrupt the required years of residence.
1. Foreign nationals who were born and raised in Switzerland, submit their naturalization application before the age of 22, and are deemed suitable pursuant to § 5, shall be granted the municipal citizenship of their place of residence after the issuance of the federal naturalization permit, provided they have resided in the Canton of Zug for at least five years.
2. Absence due to educational or professional training does not interrupt the required years of residence.
1. The residency requirements pursuant to Sections 9 and 10 may be wholly or partially waived if a naturalization application has been rejected by the municipality of residence, despite the applicant fulfilling the legal requirements, or if significant contributions to a municipal entity, the canton, or the federal state justify such a waiver.
1. For the naturalization processes, the municipal community may charge fees that do not exceed the cost coverage.
2. The fees are determined in particular by the categories according to §§ 9 to 12, the number of individuals included in an application, and any extraordinary expenses incurred.
1. The Citizens' Council may condition the naturalization procedure on the payment of a cost advance.
2. If the advance is not paid within the set deadline, there is no entitlement to the conduct of the naturalization procedure. This consequence must be communicated to the party in writing with the request for the payment of the advance.
1. The municipal communities must enact a regulation, in which the conditions for granting municipal citizenship and the principles for assessing and determining the amount of fees are to be established within the framework of this law.
2. The regulation requires the approval of the government council.
1. The Citizenship Council reviews the applicant's suitability (§ 5) and the fulfillment of the residency requirements (§§ 9 to 12) and decides on naturalization.
2. It communicates the decision to the applicant with an appealable order.
1. The municipal citizenship takes effect for citizens of other municipalities in the canton of Zug upon the resolution of the municipal council, and for Swiss citizens from other cantons and foreigners, only upon their admission into cantonal citizenship.
2. If the cantonal citizenship is not applied for within one year or is denied, the municipal citizenship becomes null and void.
1. The Citizens' Council informs the Citizens' Assembly about completed naturalizations. The information must include the first and last names, the year of birth, the place of origin or nationality, and the current address of the naturalized individuals.
1. Citizenship of the Canton may be granted to citizens of other Cantons and foreigners if they meet the suitability requirements under § 5 and the residency requirements under §§ 9 to 12 and have been granted citizenship of a Zug municipality.
1. For naturalization procedures, the canton may charge fees that cover costs at most.
2. The fees are determined in particular according to the categories pursuant to §§ 9 to 12, the number of persons included in an application, and any extraordinary expenses.
1. The Department of the Interior may make the naturalization process contingent upon the payment of an advance on costs.
2. If the advance is not paid within the set deadline, there is no entitlement to the initiation of the naturalization process. This consequence must be communicated to the party in writing along with the request for payment of the advance.
1. The Directorate of the Interior examines the suitability of the applicant (§ 5) and the fulfillment of the residency requirements (§§ 9 to 12). If it considers one or more requirements not to be met, it notifies the applicant of this in an appealable decision.
2. If the requirements are met, the government council decides on the naturalization.
3. The government council provides statistical information on the successful naturalizations in the accountability report.
1. Individuals who have rendered exceptional service to the community may be granted honorary municipal and cantonal citizenship.
1. The right of honorary citizenship is exclusively granted to the individual to whom it is bestowed. It does not establish a tax obligation towards the municipal community. In all other respects, it has the same effect as the citizenship acquired through the ordinary procedure.
2. For foreigners, federal legal provisions remain reserved.
1. Cantonal Citizens who hold the citizenship of another canton or of various municipalities within Zug are released from cantonal or municipal citizenship upon request and without charge.
1. Spouses may individually be released from cantonal and municipal citizenship.
**1. Minor children under the parental authority of the person being released are generally included in the release; however, children over 16 years of age are included only if they provide written consent.**
**2. Children of married parents cannot be included in the release if their mother is individually released from citizen rights that she holds jointly with her husband.**
**3. Minors who have reached the age of 16 can independently apply for release, whereas younger applicants, as well as those under guardianship or who are incapacitated, may only apply through their legal representative.**
1. On Applications for Release from Municipal and Cantonal Citizenship or from Municipal Citizenship Alone, the Department of the Interior Decides After Consulting the Relevant Citizen Council.
1. If there is a question as to whether a person possesses cantonal or municipal citizenship, the Directorate of Internal Affairs shall decide after consulting the competent citizens' council.
1. The involvement of the canton in matters of citizenship according to federal law is the responsibility of the Department of the Interior.
2. Prior to the statement of the Department of the Interior, in applications for the granting of federal naturalization permission, the municipal council and the citizens' council of the naturalization municipality must be heard.
1. Decisions of the Citizen Council, the Government Council, and the Department of the Interior may be contested in accordance with the Administrative Procedure Act.
2. Complaints before the Government Council may only be filed on the grounds of a legal violation. The Government Council decides in a cassatory manner.
3. Where the right to appeal according to Article 51 of the Federal Citizenship Act is granted to the municipalities, the Citizen Council of the citizen municipality whose citizenship is in question is entitled to file the appeal.
1. Upon the commencement of this Act, the Law concerning the Acquisition and Loss of Municipal and Cantonal Citizenship of October 27, 1965, shall be repealed.
2. For pending citizenship applications, the previous law shall apply if it is more favorable for the applicant and does not contradict federal law.
1. This law shall enter into force, subject to a referendum in accordance with § 34 of the Cantonal Constitution, on a date to be determined by the Government Council.
2. The Government Council shall issue the necessary implementing regulations.