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121.1 KBÜGLDCLCIT CH-BE

General Provisions (KBÜG)

33 Articles / Provisions · Switzerland · Canton of Bern
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Table of Provisions (33)

Art. 1 Law on Cantonal and Municipal Citizenship (Cantonal Citizenship Act, CCA) - Subject Matter Art. 2 Law on Cantonal and Municipal Citizenship (Cantonal Citizenship Law, CCL) - Principles Art. 3 Law on Cantonal and Municipal Citizenship (Cantonal Citizenship Act, CCitA) - Citizenship after Municipal Mergers Art. 4 Law on Cantonal and Municipal Citizenship (Cantonal Citizenship Act, CCA) Art. 5 Cantonal and Municipal Citizenship Act (Cantonal Citizenship Act, CCA) - Foundling Art. 6 Law on Cantonal and Municipal Citizenship (Cantonal Citizenship Act, CCA) - Requirements Art. 7 Law on Cantonal and Municipal Citizenship (Cantonal Citizenship Law, KBüG) - Procedure at the Municipal Level Art. 8 Law on Cantonal and Municipal Citizenship (Cantonal Citizenship Law, KBüG) Art. 9 Law on Cantonal and Municipal Citizenship (Cantonal Citizenship Act, CCitA) Art. 10 Law on Cantonal and Municipal Citizenship (Cantonal Citizenship Act, KBüG) Art. 11 Law on Cantonal and Municipal Citizenship (Cantonal Citizenship Law, CCitL) Art. 12 Law on Cantonal and Municipal Citizenship (Cantonal Citizenship Law, CCL) Art. 13 Law on Cantonal and Municipal Citizenship (Cantonal Citizenship Law, CCitL) Art. 14 Law on Cantonal and Municipal Citizenship (Cantonal Citizenship Law, KBüG) Art. 15 Law on Cantonal and Municipal Citizenship (Cantonal Citizenship Law, CCitL) - Procedure at the Municipal Level Art. 16 Law on Cantonal and Municipal Citizenship (Cantonal Citizenship Law, KBüG) Art. 17 Law on Cantonal and Municipal Citizenship (Cantonal Citizenship Law, KBüG) Art. 18 Law on Cantonal and Communal Citizenship (Cantonal Citizenship Law, KBüG) Art. 19 Cantonal and Communal Citizenship Law (Cantonal Citizenship Law, CCL) - No Legal Entitlement Art. 20 Law on Cantonal and Municipal Citizenship (Cantonal Citizenship Act, KBüG) - Submission of Application Art. 21 Law on Cantonal and Municipal Citizenship (Cantonal Citizenship Act, CCA) - Obligation to Cooperate Art. 22 Law on Cantonal and Municipal Citizenship (Cantonal Citizenship Law, CCL) - Jurisdiction Art. 23 Law on Cantonal and Municipal Citizenship (Cantonal Citizenship Law, KBüG) - Jurisdiction and Requirements Art. 24 Law on Cantonal and Municipal Citizenship (Cantonal Citizenship Law, CCL) - Procedural Provisions Art. 25 Cantonal and Municipal Citizenship Act (Cantonal Citizenship Act, CCA) - Data Processing Art. 26 Law on Cantonal and Municipal Citizenship (Cantonal Citizenship Act, KBüG) Art. 27 Act on Cantonal and Municipal Citizenship Rights (Cantonal Citizenship Act, CCA) - Legal Protection Art. 28 Law on Cantonal and Municipal Citizenship (Cantonal Citizenship Law, CCL) - Fees Art. 29 Law on Cantonal and Municipal Citizenship Rights (Cantonal Citizenship Law, CCL) Art. 30 Law on Cantonal and Municipal Citizenship Rights (Cantonal Citizenship Law, KBüG) - Pending Applications Art. 31 Law on Cantonal and Municipal Citizenship (Cantonal Citizenship Law, CCL) - Citizenship after Municipal Mergers Art. 32 Law on Cantonal and Municipal Citizenship (Cantonal Citizenship Law, KBüG) - Repeal of an Enactment Art. 33 Act on Cantonal and Municipal Citizenship (Cantonal Citizenship Act, KBüG) - Entry into Force

Statutory Text (33 Articles)

General Provisions

This law governs the acquisition and loss of cantonal and municipal citizenship for Swiss nationals as well as for foreigners, insofar as the federal government has not enacted comprehensive regulations.

General Provisions

1. The cantonal citizenship is based on the citizenship of a municipal commune, a mixed commune, or a home commune.

2. The place of origin, as defined in Article 22 of the Swiss Civil Code of December 10, 1907 (ZGB), is determined by the citizenship of a commune according to paragraph 1.

General Provisions

**Article: Citizenship After the Merger of Municipalities**

Citizenship is recorded in the civil status register under the new municipality name following the merger of individual municipalities or mixed municipalities.

Citizens may apply to the competent cantonal authority within one year of the effective date of the merger to have the name of the dissolved municipality appended in parentheses.

Acquisition and Loss by Operation of Law

1. By acquiring the citizenship of a civic community, Swiss nationals acquire the citizenship of the respective residential municipality or the citizenship of the respective home municipality, provided that it existed before the entry into force of this law.

2. Upon the loss of citizenship of the residential municipality, the citizenship of the respective civic community is extinguished.

Acquisition and Loss by Operation of Law

A minor child of unknown parentage found in the canton shall receive the citizenship of the municipality or mixed municipality in which the child was found.

Acquisition by Official Decree (Ordinary Naturalization) - Swiss Citizens

1. Swiss citizens may, upon request, be granted the municipal citizenship of a resident municipality or mixed municipality, the civic citizenship of a civic community, as well as the cantonal citizenship, provided they demonstrate a close connection to the municipality.

2. The municipalities may stipulate additional requirements through regulations.

Acquisition by Official Decree (Ordinary Naturalization) - Swiss Nationals

### Citizenship Application Submission

The citizenship application must be submitted to the resident municipality or mixed municipality. The citizenship application must be submitted to the civic community. The municipality examines whether the municipal and cantonal requirements are met. If this is the case, the municipality grants the municipal citizenship or civic rights and forwards the application for further processing to the competent cantonal authority.

Acquisition by Official Decree (Ordinary Naturalization) - Swiss Nationals

The competent cantonal authority restricts itself to a formal examination of the application.

If the prerequisites are met, it approves the municipal decision and grants cantonal citizenship, provided that the Swiss citizen does not already hold it.

Acquisition by Official Decree (Ordinary Naturalization) - Swiss Nationals

1. The acquisition of municipal citizenship or the right of citizenship becomes effective only upon approval in accordance with Article 8, paragraph 2.

2. The municipality and the competent cantonal authority shall process the application within a reasonable period.

Acquisition by Official Decree (Ordinary Naturalization) - Foreign Nationals

1. Foreign nationals may, upon request, be granted the citizenship of a local municipality or a mixed municipality and the cantonal citizenship if they meet the requirements for the granting of the federal naturalization permit as well as those specified in Article 7 of the cantonal constitution and the cantonal citizenship legislation.

2. The municipalities may establish additional requirements by regulation.

Acquisition by Administrative Decree (Ordinary Naturalization) - Foreign Nationals

1. Foreign nationals must have had uninterrupted residence in the municipality in which they are applying for naturalization (naturalization municipality) for at least two years at the time of submitting the application, pursuant to Article 33 paragraph 1 of the BüG.

2. They must hold a permanent residence permit.

Acquisition by Government Decree (Ordinary Naturalization) - Foreign Nationals

1. Successful integration is deemed to occur when foreign nationals

a) comply with the relevant requirements of federal law,

b) are familiar with Swiss and local living conditions,

c) have not received social assistance benefits ten years prior to submitting the application and during the naturalization process, unless the benefits received have been fully repaid,

d) possess good oral and written knowledge of the official language of the administrative district in which the municipality of naturalization is located, although municipalities may, by regulation, permit knowledge of another official language.

2. The circumstances of foreign nationals who cannot meet the requirements of paragraph 1 letters b to d, or can do so only under difficult conditions, due to a disability or chronic illness or other significant personal circumstances, must be duly taken into account in clearly justified cases.

Acquisition by Government Decree (Ordinary Naturalization) - Foreign Nationals

1. The municipalities shall verify the requirements pursuant to Article 12, paragraph 1, letters b and d, through a test. They may entrust third parties with this task.

Acquisition by Government Decree (Ordinary Naturalization) - Foreign Nationals

1. Foreign nationals who are registered in the criminal records information system VOSTRA cannot be naturalized in accordance with the federal requirements.

2. Penalties and measures based on the Federal Act of June 20, 2003, on Criminal Law Applicable to Minors (Juvenile Criminal Law Act, JStG), which are not registered in the criminal records information system VOSTRA, are to be appropriately taken into account.

3. Convictions abroad are to be considered in an analogous manner.

Acquisition by Administrative Decree (Ordinary Naturalization) - Foreign Nationals

1. The application for naturalization must be submitted to the municipal or mixed municipality authority. It verifies whether the municipal, cantonal, and federal requirements are met.

2. Upon request, the competent cantonal authority informs the municipality whether the requirements pursuant to Article 14 paragraph 1 are fulfilled.

3. If the municipal, cantonal, and federal requirements are met, the municipality grants the municipal citizenship and forwards the application for further processing to the competent cantonal authority.

Acquisition by Government Decree (Ordinary Naturalization) - Foreign Nationals

The competent cantonal authority examines whether the cantonal and federal naturalization requirements are met. If this is the case, it grants the cantonal citizenship and obtains the federal naturalization authorization before the cantonal naturalization authority makes a decision pursuant to Article 22 paragraph 3.

Acquisition by Administrative Decree (Ordinary Naturalization) - Foreign Nationals

1. If the grant of the cantonal citizenship or the federal naturalization approval is denied, the assurance of the municipal citizenship lapses.

2. The acquisition of the municipal citizenship, and therefore of Swiss citizenship, only becomes effective upon the grant of the cantonal citizenship.

3. The municipality and the competent cantonal authority process the application within a reasonable period.

Acquisition by Administrative Decision (Ordinary Naturalization) - Honorary Citizenship and Civic Honor

1. Municipalities, mixed municipalities, and civic municipalities may confer honorary citizenship or honorary civic rights to individuals who have rendered exceptional service to the public.

2. Honorary citizenship or honorary civic rights do not have any legal effects.

**Acquisition by Administrative Decree (Ordinary Naturalization) - General Provisions**

There is no legal entitlement to naturalization and citizenship.

Acquisition by Official Decree (Ordinary Naturalization) - Common Provisions

1. Persons who are married or living in a registered partnership may submit the application individually or jointly.

2. Children are generally included in the application of the parents or one parent if

a. they are minors at the time of the application submission,

b. they live with the parents or the parent, and

c. there is consent from the persons holding parental authority.

3. Minors and individuals with a legal guardianship, whose legal capacity is restricted, must submit the application for independent naturalization through their legal representative.

4. From the age of 16, minor children must also express their own will to acquire citizenship in writing.

Acquisition by Official Decree (Ordinary Naturalization) - Common Provisions

1. The applicant submits the documents required for the examination of the application and provides complete and truthful information regarding the circumstances that pertain to the legal requirements.

2. If circumstances change after the submission of the application, the applicant must report these changes voluntarily and without delay, and submit the necessary documents.

Acquisition by Official Decree (Ordinary Naturalization) - Common Provisions

1. The municipal council of the residents' municipality or the mixed municipality grants municipal citizenship.

2. The burger municipalities determine the responsible naturalization authority in a regulation.

3. The Council of State grants cantonal citizenship. It can delegate its authority to the competent directorate.

Loss by Official Decree (Dismissal)

1. The competent cantonal authority decides on applications for release from cantonal and municipal citizenship.

2. The application is granted if the applicant holds the citizenship of another municipality or is assured of obtaining it upon release.

3. Anyone wishing to be released solely from the citizenship of a civic community shall submit the application to the civic community. The civic community independently decides on the request and informs the competent cantonal authority.

Loss by Official Decree (Dismissal)

The provisions of Articles 20 and 21 shall apply mutatis mutandis.

Data Processing, Legal Protection, and Fees

1. Authorities responsible for the enforcement of this Act may, on a case-by-case basis, process personal data of the applicant and of persons according to Article 12, paragraph 1, letter e of the Citizenship Act, including particularly sensitive personal data, insofar as it is necessary for the fulfillment of their statutory duties.

2. They may disclose personal data as specified in paragraph 1 to each other on a case-by-case basis, provided that the recipients require this data to fulfill their statutory duties. Under the same conditions, they may proactively disclose personal data as specified in paragraph 1 to the authorities responsible for the enforcement of the Citizenship Act at the federal level and in other cantons.

3. Other authorities of the canton and municipalities are obliged to provide, free of charge, the personal data as specified in paragraph 1 to the authorities responsible for the enforcement of this Act upon justified request, provided that such information is necessary for the fulfillment of their statutory duties.

Data Processing, Legal Protection, and Fees

1. The Right of Municipal Citizenship

The right of municipal citizenship is verified based on the entries in the civil status register. Cantonal citizenship and Swiss citizenship are derived from the verification of the right of municipal citizenship.

The right of bourgeoisie is noted in the civil status register for administrative purposes with the involvement of the bourgeois community. The bourgeois communities can maintain their own registers of persons for the verification of the right of bourgeoisie.

The bourgeois communities can obtain information from the competent civil status office for fulfilling their legal obligations.

Data Processing, Legal Protection, and Fees

1. Appeals against orders regarding naturalization and citizenship can only be based on legal violations.

2. Otherwise, the provisions of the Administrative Justice Act of May 23, 1989 (VRPG) apply.

Data Processing, Legal Protection, and Fees

1. The canton, the municipal communities, and the mixed communities may charge no more than cost-covering fees for their official activities under this law.

2. The civic communities can freely set the purchase amount in their regulations.

3. Reduced fees are charged for minors who submit their application independently. If they are included in a parent's application, the procedure is free of charge for them.

4. The fees can be demanded in advance.

Implementing Provisions

1. The governing council shall issue the necessary implementing provisions.

2. In particular, it shall regulate

a) the processing deadlines according to Article 9 paragraph 2 and Article 17 paragraph 3,

b) the minimum requirements for successful integration according to Article 12, as well as the means of proof for such integration,

c) how and to what extent the use of social assistance and the repayment according to Article 12 paragraph 1 letter c are to be taken into account, particularly in the context of family social assistance,

d) the content and procedure of the tests according to Article 13, and who is exempt from the test,

e) the competences under this law and for the further tasks under the BüG,

f) which municipal citizenship the naturalized person acquires pursuant to Article 22 paragraph 2 BüG.

Transitional and Final Provisions

1. Applications submitted before the enactment of this law shall be assessed according to the provisions of the previous law.

2. The municipality shall conclude pending applications under paragraph 1 within two years after the enactment of this law.

3. The canton shall conclude the applications forwarded to it by the municipalities within one year.

Transitional and Final Provisions

1. Citizens whose residential or mixed municipality has been expanded or newly established through a merger after January 1, 2014, may apply within one year of the entry into force of this law for their citizenship to be registered in the civil status register in accordance with Article 3, paragraph 2.

Transitional and Final Provisions

The Act of September 9, 1996, on Cantonal and Municipal Citizenship (KBüG) (BSG 121.1) is hereby repealed.

Transitional and Final Provisions

1. This Act shall enter into force on January 1, 2018.

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