Duties (ORVDIJ)

1. The Directorate of Internal Affairs and Justice (DIJ) carries out tasks in the areas of

a **\* ...

b **\* church and religious matters,

c civil and criminal law, as well as debt enforcement and bankruptcy law, including procedural law,

d **\* ...

e municipal administration,

f **\* ...

g spatial planning and building regulation,

h **\* child and youth welfare,

i administrative justice,

i1 **\* supervisory law of occupational pensions and foundations,

j-k **\* ...

l **\* social insurances,

m **\* child and adult protection,

n bar association and notary matters,

o **\* land register,

o1 **\* commercial register,

p **\* property transfer taxes,

q **\* geoinformation and geodata infrastructure,

r **\* court organizational law,

s **\* government prefectures.

2. It is the competent authority in the following cases provided for by the Swiss Civil Code (ZGB)[[2]](#paragraphtext_content_fn_4785165_2_2_c)

a **\* Article 268: Pronouncement of adoption,

b **\* Article 885: Authorization of financial institutions or cooperatives to conclude livestock pledges.

1. The competent authorities of the Directorate of the Interior and Justice, in collaboration with the relevant bodies of the Directorate of Security and the Directorate of Health, Social Affairs, and Integration, are responsible for the transfer of the Lory Youth Home, the Center for Social and Educational Therapy Landorf Köniz-Schlössli Kehrsatz (ZSHKK), and the School Home Castle Erlach (SHE) to the Directorate of the Interior and Justice.

1. The ongoing employment contracts of the employees of the Lory Youth Home, the ZSHKK, and the SHE shall continue as of January 1, 2023, without any substantive changes, provided that neither the hiring authority, the job description, nor the workplace change. The annual working hours, vacation, and long-term account balances shall be transferred, deviating from Articles 136c, 150, and 160c of the Personnel Ordinance of May 18, 2005 (PV)[17]. The salary shall only be adjusted based on the general and individual salary increase.

1. Effective January 1, 2023, if there is a change in the employing authority, job description, or place of work, the respective employment relationships for ZSHKK, SHE, and the Lory Youth Home will be adjusted at that time. The annual working time, vacation, and long-term account balances will be transferred in deviation from Articles 136c, 150, and 160c PV. For compensation, the adjustments due to general and individual salary advancement are governed by paragraphs 3 and 4.

2. Responsible for the adjustments on January 1, 2023, are

a) The Department of the Interior and Justice for adjusting the employment relationships with the general director of ZSHKK and SHE;

b) The Cantonal Youth Office for adjusting the employment relationships with the other employees of ZSHKK and SHE;

c) The Cantonal Youth Office for adjusting the employment relationships of the Lory Youth Home.

3. If an employment relationship adjustment involves a reclassification to a higher level, the salary will be increased at that time.

4. If an employment relationship adjustment involves a reclassification to a lower level, the procedure shall follow the principles of Article 43 PV.

1. The transfer of employment relationships of the teaching staff of the Lory Youth Home, the Cantonal Observation Station Bolligen, the ZSHKK, and the SHE into an employment relationship pursuant to the legislation governing the employment of teaching staff is regulated by Articles T3-1 and T3-2 of the Ordinance on the Employment of Teaching Staff (LAV) dated March 28, 2007[18].

**Amendments to Article 13a Paragraph 1 Letter l and Paragraph 2, as well as Article 14 Paragraph 1 Letter b2, are applicable from January 1, 2023.**

1. The Directorate of Internal Affairs and Justice is structured according to Annex 1 into the General Secretariat (GS DIJ) and the following offices

a **\* ...

b Office for Municipalities and Regional Planning (OMRP),

c **\* Cantonal Youth Office (CYO),

d **\* Legal Office (LO DIJ),

e **\* Office for Social Insurances (OSI),

f **\* Office for Geoinformation (OGI),

g **\* Commercial Registry Office (CRO).

2. The General Secretariat and the offices are organized as needed into units, departments, sub-departments, and service offices.

3. Decentralized organizational units are established for the following areas

a the Debt Collection and Bankruptcy Offices,

b **\* the Cantonal Land Registry Office with regional land registry offices.

c **\* ...

4. Administratively affiliated with the Directorate are the District Governor's Offices, as well as the Child and Adult Protection Authorities (CAPA).

5. ...

1. Within the area of responsibility of the Directorate of the Interior and Justice, the following institutions operate

a. Compensation Fund of the Canton of Bern (AKB),

b.* IV Office Bern (iv/ai be),

c.* Bern Occupational Pension Supervisory Authority and Foundation Supervision (BBSA),

d.* Family Compensation Fund of the Canton of Bern (FKB).

2. The Directorate of the Interior and Justice represents the canton as the responsible authority toward these institutions. It ensures timely information to the Government Council on significant issues and submits the necessary proposals.

1. The Directorate of the Interior and Justice is assigned the following permanent commissions established by special legislation

a. the theological examination commissions for the three regional churches,

b. ...

c. the examination commission for notaries,

d. the commission for the preservation of local and landscape images (OLK),

e-g. ...

h. the family allowances commission,

i. the commission for geoinformation,

k. the nomenclature commission,

l. the facility commissions of the cantonal residential and educational institutions.

2. ...

3. The Executive Council and the Directorate of the Interior and Justice may establish additional advisory commissions or consult external experts. The establishment of permanent commissions is carried out by ordinance.

1. The Director manages the Directorate and decides all matters within the Directorate's scope of duties, unless the decision-making authority is transferred to the Secretariat General, a department, or another organizational unit by legislation or the rules of procedure.

2. He or she issues rules of procedure and arranges the organization of the Directorate in detail, in particular

a) the structuring of the Secretariat General and departments into sections and divisions,

b) the assignment of individual areas of responsibility to the departments,

c) the authority of representation and signing power,

d) internal and external communication,

e) ...

3. The Director issues the job descriptions for all employees directly subordinate to him or her and approves the regulations pursuant to Article 7, paragraph 2.

1. The Secretary-General and the Heads of Departments ensure the fulfillment of the tasks of their organizational unit. They cooperate, as necessary, with the other organizational units of the Directorate and the administration, as well as with external offices.

2. They establish in writing the tasks, competencies, and responsibilities of the employees and delineate the organization and the main processes of their organizational unit in a regulation, insofar as the rules of procedure require supplementation.

3. These provisions apply mutatis mutandis to the management boards of the decentralized organizational units pursuant to Article 3, paragraph 3, as well as to the heads of units and departments and decentralized branches.

1. The Secretariat General

a) advises and assists the Director in the fulfillment of her or his duties;

b) coordinates the activities within the Directorate, including legislation and the co-reporting process, and determines the lead responsibility for all matters;

c) reviews all submissions and proposals presented by the directorate's offices, unless otherwise specified by the rules of procedure;

d) ensures, together with the relevant offices, the handling of all matters of fundamental importance to the Directorate;

e) manages all matters for which no office within the Directorate is responsible, or assigns them to a specific office;

f) coordinates the dissemination of information to the public regarding the activities of the Directorate;

g) oversees the preparation of parliamentary business;

h) ensures the provision of translation services;

i) ...

2. These provisions shall apply mutatis mutandis to the decentralized administration of the Directorate.

1. The General Secretariat supports and assists the offices and decentralized administration in the areas of

a) finance and accounting,

b) information and communication technology,

c) human resource management,

d) infrastructure, logistics, security, and procurement.

2. Within the scope of responsibilities as per paragraph 1, it is responsible for the controlling of the directorate and its offices as well as the decentralized administration.

3. It handles the planning, execution, and reporting within its area concerning tasks and resources.

4. The bylaws may assign these tasks to other organizational units or delegate further directorate services to the General Secretariat.

1. The General Secretariat is assigned a Commissioner for Church and Religious Affairs (CCRA).

2. The CCRA

a) heads the Office for Church and Religious Affairs;

a1) prepares all matters related to church and religious affairs, insofar as no other office is responsible;

b) acts as the deciding cantonal authority in church and religious affairs, provided that an appeal to the Directorate remains possible;

c) serves as the liaison between the national churches and the cantonal authorities and administrative offices;

d) addresses fundamental issues in the relationship between the state and churches or other religious communities;

e) prepares legislation within their area of responsibility;

f) manages the planning, execution, and reporting within their area concerning duties and resources.

1. The Office for Municipalities and Regional Planning

a *** coordinates municipal affairs in the cantonal administration and handles matters concerning municipal organization, municipal reforms, municipal finances, municipal law, and the supervision of municipalities, insofar as they are not assigned to another administrative office;

b *** ...

c fulfills tasks related to the settlement and residence of Swiss citizens;

d *** manages matters in the area of spatial planning and provides consultancy in building permit procedures, insofar as they are not transferred to another administrative office;

e *** decides on the conformity with zoning regulations in the agricultural zone and on exceptions according to Articles 24 to 24d and Article 37a of RPG[[3]](#enumeration_itemtext_content_fn_2940774_2_3_c);

f *** performs the tasks of cantonal supervision over spatial planning;[[4]](#enumeration_itemtext_content_fn_2940775_2_4_c)

g *** operates the secretariat of the commission for the preservation of local and landscape images;

h *** fulfills the tasks in the area of parks of national importance and world natural heritage, insofar as they are not assigned to another administrative office;

i prepares legislation within its area of responsibility;[[5]](#enumeration_itemtext_content_fn_2940778_2_5_c)

k manages planning, execution, and reporting within its area concerning tasks and resources;[[6]](#enumeration_itemtext_content_fn_2940779_2_6_c)

l *** prepares the request to the governing council regarding priority procedures pursuant to Article 2a of the Coordination Act of March 21, 1994 (KoG).[[7]](#enumeration_itemtext_content_fn_2940780_2_7_c)[[8]](#enumeration_itemtext_content_fn_2940780_2_8_c)

1. The Cantonal Youth Office

a) assumes the responsibilities of the cantonal central authority in the context of international child abductions and the enforcement authority in the area of child return in accordance with the Federal Act of 21 December 2007 on International Child Abduction and the Hague Conventions on the Protection of Children and Adults (FCAA);

b) ensures the appropriate cooperation of authorities and agencies in the field of civil child protection, juvenile criminal law, and other youth welfare services;

c ***) assumes the tasks assigned to the Directorate by the legislation on benefits for children with special needs for support and protection, insofar as these do not fall within the scope of another office;

d) assumes the tasks assigned to the Directorate in the area of management and supervision of the Child and Adult Protection Authorities (KESB);

e) assumes the controlling for KESB regarding compliance with service agreements;

f) assumes the tasks of the transmission and reception office in accordance with the Convention of 20 June 1956 on the Recovery Abroad of Maintenance (UNO);

g) assumes the tasks assigned to the Directorate by the legislation on collection assistance and advance maintenance payments;

h ***) assumes the responsibilities of the cantonal central authority in the area of international adoptions in accordance with the Federal Act of 22 June 2001 on the Hague Adoption Convention and on Measures to Protect the Child in International Adoptions (FCAA);

i ***) is responsible for granting permission to accommodate foster children from within and outside the country, as well as for granting permission to accommodate foster children for future adoption, and supervises family and adoptive care relationships;

k) assumes the tasks assigned to the cantonal authority under federal legislation on adoption, particularly the instruction of the adoption procedure and the information function, and serves as an advisory office for biological parents, their descendants, and the child;

l ***) ...

m) prepares legislation within its area of responsibility;

n) manages planning, execution, and reporting in its domain regarding tasks and resources.

2. It is responsible for the management and supervision of the following institutions, insofar as these tasks are not allocated to another organizational unit

a) Youth Home Lory,

b) Cantonal Observation Station Bolligen,

c) Center for Social and Therapeutic Pedagogy Landorf Köniz-Schlössli Kehrsatz (ZSHKK),

d) School Home Schloss Erlach (SHE).

1. The Legal Office

a) instructs complaint procedures on behalf of the Government Council and the Directorate;

b) **\*** prepares, in collaboration with the relevant bodies, the directives of the Directorate regarding disputed claims against the Canton for damages or compensation (Article 104 of the Personnel Act of 16 September 2004 [PG] [[12]](#enumeration_itemtext_content_fn_2940824_2_12_c));

b1) **\*** prepares the directives of the Directorate that are necessary in the area of decentralized organizational units and the commercial register office, and are not assigned to another office;

b2) **\*** prepares the directives of the Directorate concerning the revocation of teaching permission for individuals who teach, instruct, supervise, or hold management or supervisory roles at institutions according to Article 13a paragraph 2;

c) **\*** prepares legislation, insofar as it does not fall within the responsibilities of another office;

d) prepares the Government Council decisions in the event of disagreements between another Directorate and the financial control;

e) **\*** ...

f) conducts legal evaluations of matters from the specialist areas of other Directorates;

g) manages planning, implementation, and reporting in its area regarding tasks and resources;

h) **\*** ...

i) **\*** represents the Government Council or the Directorate in the business area of the Directorate of the Interior and Justice before cantonal and federal administrative judicial authorities and courts;

k) **\*** provides legal support to offices, insofar as this does not fall within the responsibilities of another office;

l) **\*** oversees cooperation between the administration and the judiciary.

1. The Office for Social Insurances

a-c. ...

d. ensures compliance with the mandatory insurance obligation in the compulsory health care insurance (Art. 6 of the Federal Law of March 18, 1994, on Health Insurance [KVG]);

d1. reimburses insurers for losses (Art. 64a KVG);

d2. implements premium reductions (Art. 65 KVG);

e. ...

f. prepares matters in the field of social insurances for the directorate, provided that another directorate is not responsible;

g. prepares legislation within its area of responsibility;

h. conducts planning and reporting in its area concerning tasks and resources;

i. provides the means to compensate the AKB for the fulfillment of its assigned tasks;

k. conducts the burden equalization procedure between family compensation funds;

l. ensures financial transfers in the area of

1. supplementary benefits to old-age, survivors, and disability insurance between the federal government, cantons, and municipalities,

2. premium reductions and family allowances in agriculture between the federal government and cantons,

3. family allowances for non-employed persons between cantons and municipalities.

1. The Office of Geoinformation

a) fulfills the tasks assigned to the canton by the federal and cantonal geoinformation legislation;

b) coordinates and executes the tasks of land consolidation and boundary regulation assigned to the directorate;

c) supervises surveying activities;

d) leads, monitors, and verifies the work of official surveying and coordinates it with other surveying projects;

e) supports other bodies of the cantonal administration in matters concerning geomatics methods;

f) is responsible for determining the geographical names in official surveying;

g) coordinates any changes to the perimeter of a locality with the affected municipalities and the post office, establishes the changes geographically and specifies the spelling, and reports these to the Federal Office of Topography swisstopo;

h) coordinates the operation of the utility cadastre and exercises supervision over this operation;

i) acquires geodata of cantonal significance, advises, supports, and coordinates the directorates and the state chancellery regarding geoinformation, and issues the necessary specialist instructions;

k) operates the cantonal geodata infrastructure;

l) is the authority responsible for the cadasters of public-law restrictions on property ownership according to Article 17 of the Ordinance of the Federal Council of 2 September 2009 on the Cadaster of Public-Law Restrictions on Property (ÖREBKV);

m) is the responsible entity for the creation and issuance of certified extracts from the cadaster of public-law restrictions on property ownership;

n) manages planning, execution, and reporting within its domain concerning tasks and resources.

1. The Commercial Registry Office

a) maintains the commercial register and fulfills the tasks in accordance with the federal legal provisions regarding the commercial register;

b) receives declarations of submission in accordance with Articles 52 et seq. of the Federal Act of December 18, 1987, on Private International Law (PILA);

c) preserves the property law register closed on December 31, 1987, according to Article 10e of the Final Title of the Swiss Civil Code (SCC) and grants the right of inspection;

d) handles the planning, execution, and reporting within its area concerning tasks and resources.

1. The Directorate comprises the following executive positions

a) one Secretary General,

b) * two Deputy Secretaries General,

c) * one Commissioner for Ecclesiastical and Religious Affairs,

d) * six Heads of Department,

e-g) * ...

1a. It includes

a) * one Chairperson for each of the management boards of the Enforcement and Bankruptcy Offices, the Child and Adult Protection Authority (KESB), as well as the Government Authorities,

b) * one Head of the Cantonal Land Registry Office.

2. The internal regulations specify the remaining executive positions.

1. The ordinance of March 18, 1987, concerning the Supervisory Commission of the Cantonal Observation Station Bolligen is repealed.

1. This regulation shall enter into force on January 1, 1996.