Ordinance of 20 September 2002 on Identity Documents of Swiss Nationals (OID) - Types of Identity Documents (VAWG)

The types of identity documents are: a. the passport; b. the identity card.

The types of passports are: a. the ordinary passport; b. the temporary passport; c. the ordinary diplomatic passport; d. the temporary diplomatic passport; e. the ordinary service passport; f. the temporary service passport.

The ordinary passports, ordinary diplomatic passports, and ordinary service passports are equipped with a chip.

A temporary passport is issued in case of an emergency: a. when it is not possible to wait for the issuance of a regular passport; b. when it is not possible to present a valid identity document; c. when a valid identity document does not meet the requirements of the destination country.

A temporary passport may be issued if it is essential for returning to Switzerland.

The Federal Department of Justice and Police (department) determines the form and presentation of identity documents and issues them.

Ordinary passports and identity cards are issued: a. for ten years: for persons aged 18 years or older at the time of application; b. for five years: for persons under 18 years of age at the time of application. c. ...

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The temporary passport is issued for the duration of the stay abroad, or as required by the country of stay, but for a maximum of 12 months.

In the case of the loss of three or more identity documents of the same type within five years, the validity of the new identity document is limited to two years unless the person concerned can convincingly demonstrate that they have taken proper care of it. The limitation of the validity period does not affect the amount of the fees.

As a general rule, the validity of an identity document cannot be extended.

If the production of new passports proves to be impossible for an extended period, the validity of already issued passports can be extended by up to three years and temporary passports can be issued for a duration of three years. The department regulates the details.

The department may enter into international agreements concerning the reading of fingerprint data stored in the chip with states that comply with Regulation (EC) No 2252/2004 and its implementing provisions.

Fedpol is authorized to conclude international treaties for the adoption of implementing acts of the European Commission, provided that these acts constitute minor international treaties within the meaning of Art. 7a of the Government and Administration Organization Act of 21 March 1997, that they are issued under Art. 2 of Regulation (EC) No. 2252/2004, and that they set, with regard to passports and travel documents: a. additional security elements and requirements; b. technical specifications related to the storage medium for biometric elements and its security; c. requirements for quality and common technical standards concerning facial photographs and fingerprints.

In Switzerland, the services designated by the cantons of domicile are responsible for issuing identity documents.

Abroad, the Swiss diplomatic or consular representation with which the applicant is registered is responsible for issuing identity documents.

Persons who are not registered with a diplomatic or consular representation and do not have domicile in Switzerland must submit their application for an identity document to the competent issuing authority at their current place of stay.

If circumstances justify it, the issuing authority at the place of stay may also accept an application for an identity document with the prior agreement of the competent issuing authority.

The temporary passport must be requested from the competent issuing authority (Art. 6). It is produced by the competent issuing authority and handed over to the applicant. Art. 6, para. 3 and 4, applies by analogy. It is not necessary to obtain the prior consent provided for in Art. 6, para. 4, when the identity and personal data of the applicant are unequivocally established.

Cantons may designate, particularly at airports, authorities exclusively responsible for issuing temporary passports. These services may be operated, notably by the Border Guard Corps or the police, under the supervision of the canton.

If the issuing authority cannot be determined clearly and unequivocally among the responsible services referred to in Art. 4, para. 1, IDA, the Federal Office of Police (office) shall decide.

If the issuing authority cannot be determined clearly and unequivocally among the issuing authorities abroad referred to in Art. 4, para. 2, IDA, the Federal Department of Foreign Affairs (FDFA) shall decide.

If the issuing authority cannot be determined clearly and unequivocally between the responsible services referred to in Art. 4, para. 1, IDA, and the issuing authorities referred to in Art. 4, para. 2, IDA, the office shall decide.

The applicant may transmit their personal data to the competent issuing authority via the Internet or by telephone before presenting themselves in person (Art. 12) or at the time of personal appearance. The competent issuing authorities determine the method of application submission they authorize.

The cantons decide whether the applicant can provide a digital photograph. The department establishes the requirements that this photograph must meet. The issuing authorities assess the quality of the photograph and decide whether it meets the requirements.

The competent issuing authority acquires personal data from the electronic civil status register (Infostar) and transfers it into the identity document information system (ISA) as referred to in Art. 11 LDI. If this is not possible, personal data may be acquired from the resident control register, provided that it is managed based on original acts or the family register.

Personal data already recorded in ISA may be used for a new application when it is not possible to acquire data from the registers mentioned in para. 1. They must be compared with a second data source. For these purposes, issuing authorities may require the applicant to provide a document (e.g., a document from the civil status office or a certificate of residence).

The competent issuing authority verifies the data recorded in ISA, including the fact that the applicant is of Swiss nationality. If data cannot be acquired from the registers referred to in paras. 1 or 2 or if there are doubts about the accuracy of the personal data, the competent issuing authority must have it verified by the applicant's municipality of residence or by the competent civil status office.

The applicant confirms the accuracy of the data by signing.

The following data can be acquired from Infostar: a. the applicant's surname(s) and first name(s); b. gender; c. place and date of birth; d. parents' surname(s) and first name(s); e. right of citizenship or nationality; f. place(s) of origin; g. marital status; h. AVS number.

If both parents hold parental authority, it is sufficient for one of them to sign the application.

If the circumstances do not allow for the presumption of the other parent's agreement, the consent of the latter must also be obtained.

The applicant must appear in person before the competent issuing authority, with any documents required by the issuing authority, and verify their identity. The issuing authority checks the applicant's identity.

The applicant may appear before the issuing authority of another canton, provided that both concerned cantons have concluded an agreement to that effect. In special cases, the applicant may appear before the issuing authority of another canton if the concerned authorities have given their consent. The application according to Art. 9, para. 1, must be submitted to the competent issuing authority of the canton of residence.

A person registered abroad may personally present themselves to any issuing authority abroad. In special cases, the applicant may appear before the issuing authority of a canton if the concerned authorities have given their consent. The application according to Art. 9, para. 1, must be submitted to the Swiss diplomatic or consular representation with which the applicant is registered.

The competent issuing authority may exempt the applicant who suffers from serious physical or mental disabilities from appearing in person if their identity can be certified reliably in another way and if the necessary data can be obtained by other means.

The competent issuing authority shall take a digital photograph of the applicant if they have not provided one themselves or if the photograph does not meet the requirements specified in Art. 9, para. 2.

It shall take flat fingerprints of the applicant's left and right index fingers. In the absence of an index finger, poor quality of the fingerprint, or an injury to the fingertip, a fingerprint of the middle finger, ring finger, or thumb shall be taken.

Fingerprints are not taken when the applicant is under twelve years of age or when permanent medical reasons make it impossible to take them. Fingerprints are not taken for identity card applications.

When temporary medical reasons prevent the taking of fingerprints, the issuing authority shall issue a passport with a validity period limited to one year. The limitation of the validity period does not affect the amount of the fees.

The competent issuing authority shall verify: a. whether, in cases where it is necessary, the authorization of the legal representative is attached to the application; b. whether another identity document of the same type already exists for the applicant; c. whether the applicant is the subject of an arrest warrant for a crime or offense; if necessary, it consults the authority that issued the arrest warrant; d. whether there is another reason for refusal according to Art. 6 of the ID Law; e. whether the photograph and fingerprints of the applicant match any existing data concerning them.

It relies on ISA, Infostar, and the RIPOL computerized police search system to verify the criteria defined in para. 1, letters b to e.

It checks whether the application is complete and correct. After approval, it immediately forwards the application to the center responsible for producing the identity documents.

If applicable, it notifies the applicant of a decision of refusal indicating the avenues for appeal.

The data listed in Art. 2, para. 1, let. a to f, IDA are those found in Infostar, in the family register, or, exceptionally, in ISA (see Art. 10, para. 1 and 2). However, the applicant may request the inscription of their alliance name.

Only one place of origin may appear in the identity document. If the applicant has multiple places of origin, they must choose the place of origin that will be entered in the identity document. Only this place of origin will be recorded in ISA.

The establishment authority listed in the identity document is the responsible service within the meaning of Art. 4, para. 1 IDA.

Height information is omitted for children under fourteen years of age. Height may be omitted for persons who use a wheelchair. A signature is not required for children under seven years of age and persons permanently or temporarily unable to write.

A person wishing to have an inscription made according to Art. 2, para. 4, IDA must provide convincing evidence of the corresponding facts. A person wishing to have an artist name inscribed must prove that they are generally known by this name. The competent establishment authority decides on this request.

With the exception of the alliance name, special inscriptions according to Art. 2, para. 4 and 5, IDA are excluded for the identity card.

The following data are recorded on the chip of the passports referred to in Art. 2, para. 2: a. the data provided for in Art. 2, para. 1, let. a to d, f, l, and m, LDI; b. a photograph of the face; c. two fingerprints.

The content of the chip is certified by an electronic signature.

Council Regulation (EC) No 2252/2004 of December 13, 2004, establishing standards for security features and biometrics in passports and travel documents issued by Member States is applicable.

The municipality of residence uses the ISA-NAVIG application provided by the Confederation to process identity card applications.

The municipality of residence bears the costs of the required computer equipment and the installation fees for the ISA-NAVIG application.

The municipality of residence is responsible for data processing. It deletes the data processed outside of the ISA-NAVIG application once the issuance process is completed, provided there is no obligation to retain them.

The department determines the requirements that municipalities of residence must meet regarding technical infrastructure, particularly with respect to the internet connection, antivirus software, and the software and hardware to be used.

The cantons may authorize the municipalities of residence to accept applications for the issuance of identity cards without a chip.

The applicant must appear in person at the competent municipality of residence, bring any required documents, and attest to their identity. The municipality of residence determines whether the applicant must provide a photograph or if it can be taken on-site. The department sets the requirements that the photograph must meet.

The municipality of residence completes the electronic application form fully and accurately based on the information from the residents' registers, which rely on the data recorded in the electronic civil status register Infostar. It attaches the photograph to the application.

The applicant confirms the accuracy of the information with their signature and pays the fee.

The municipality of residence sends the duly completed and encrypted electronic application to ISA.

The application is automatically deleted in ISA-NAVIG one month after the expiration of the defect notification period provided for under Art. 52, para. 1.

The competent issuing authority verifies that the application is complete and accurate, and checks the quality of the photograph and the signature.

If the data is inaccurate or incomplete, the issuing authority returns the application via email to the municipality of residence for correction; if necessary, the municipality of residence informs the applicant.

The competent issuing authority carries out the verifications provided for in Art. 13 a, with the exception of the verification referred to in para. 1, let. e, concerning the matching of fingerprints.

Unless otherwise provided in this section, the other provisions of the OID are applicable by analogy to the application procedure with the municipality of residence.

To establish proof of good reputation, the office may request, in addition to the security check of individuals, that the physical or legal persons referred to in Art. 6 a, paras. 1 and 2, IDL or their bodies provide, notably, the following documents: a. extract from the criminal record intended for individuals; b. extract from the commercial register; c. extract from the debt collection and bankruptcy register covering the last ten years; d. curriculum vitae, including a complete inventory of commercial commitments; e. overview of financial participations over the last ten years; f. complete list of criminal and civil investigations and proceedings over the last ten years.

Persons who hold a direct or indirect participation exceeding 10% of the capital or voting rights are considered beneficial owners and holders of participations capable of exerting decisive influence on the company. If deemed necessary, the office may also request the aforementioned documents from persons whose direct or indirect participation is less than 10% of the capital or voting rights.

If any of the individuals mentioned in paras. 1 and 2 had their registered office or domicile abroad during the last ten years, they must provide the equivalent foreign documents.

The office may request that the centers referred to in Art. 6 a, para. 1, IDL periodically and autonomously verify the good reputation of the persons concerned and confirm that they enjoy a good reputation.

The office may request the centers referred to in Art. 6 a, para. 1, IDO, and, where applicable, the members of the group of enterprises to produce, in particular, the following documents: a. audited annual financial statements; b. list of all beneficial owners and shareholders; c. information on the corporate organization and the responsibilities of each person; d. a certified quality management system adapted to the production of identity documents; e. a security measures program detailing measures to ensure the protection of data and the security of the identity documents to be produced and their components; f. a description of the measures taken to acquire, maintain, and develop specific knowledge and qualifications in the field of identity documents.

The annual financial statements must be audited by an economically and legally independent auditing body as part of an ordinary audit. Companies approved as licensed auditors within the meaning of the ordinance of August 22, 2007, on the Licensing and Oversight of Auditors may act as the auditing body. For companies whose headquarters are located abroad, equivalent foreign requirements apply.

The centers referred to in Art. 6 a, para. 1, IDO, shall regularly provide proof that they comply with and maintain the quality management system and the security measures program.

A passport may be issued upon request in exchange for a valid passport if the latter makes travel difficult or impossible.

The request for an exchange passport must be justified in writing.

If a passport has been issued in exchange, one of the two passports must be deposited with an establishment authority.

The authority may exceptionally authorize another type of deposit if any possibility of abuse is excluded.

Any disappearance of an identification document, particularly due to theft, loss, or total destruction, is considered a loss.

The holder of an identity document must report its loss to the local police as soon as it is discovered.

Swiss nationals abroad who lose an identity document must also report the loss to a diplomatic or consular representation. The representation informs the appropriate office of the loss for registration in the RIPOL object search system.

Swiss nationals temporarily staying abroad and not requesting a replacement identity document there must report the loss of the identity document to a Swiss police office upon their return to Switzerland.

The applicant for a replacement identity document must present a notice of loss: a. from a Swiss police authority: in Switzerland; b. from the competent foreign police authority: abroad.

The loss of an identity document as per Art. 22 results in its invalidity. The identity document ceases to be usable.

Found identity documents are not returned to their holder and are delivered to an issuing authority. The latter renders them unusable.

The former identity document shall be submitted to the authority with which the applicant must appear personally in accordance with Art. 12. This authority shall render it unusable before approving the application.

If the former identity document cannot be submitted at the time of the application, for example, because it is still required for a trip or a legal act, the exchange of identity documents must be performed by an authority.

Upon request, the canceled identity document may be returned to its holder or to the relatives of a deceased person if there is no risk of misuse.

The office may require that former identity documents be submitted intact for verification and evaluation.

Temporary passports must be returned to the issuing authority upon return to Switzerland.

If justified, a temporary passport may be used until its validity expires.

The center responsible for producing identity documents sends the identity document directly to the address specified by the applicant.

The FDFA may issue provisions for exceptions concerning the delivery of identity documents abroad.

Identity documents that could not be delivered or whose holder did not take receipt are returned to the competent issuing authority. This authority retains them for twelve months from the date of issuance, after which they are destroyed.

The center responsible for producing the identity documents verifies the proper functioning of the passport before sending it to its holder.

The person receiving an identity document must immediately verify that it contains no errors and that it has not been damaged.

The holder of a passport may check its proper functioning and access the content of the chip. The issuing authorities provide the necessary verification devices.

The center responsible for producing the documents informs the holder: a. of their obligation to verify the identity document according to para. 1; b. of the obligation to handle it with care according to Art. 27b, and c. of the possibility they have to verify the proper functioning of the passport according to para. 2.

Identification documents must be handled with care.

ISA allows in particular: a. to verify the reported identity based on the presented identity document or biometric data; b. to control valid and invalid identity documents; c. to prevent the unjustified issuance and modification of identity documents; d. to decide on the withdrawal of invalid or abusively used identity documents; e. to process requests for mutual legal assistance in relation to the misuse of identity documents; f. to prevent the issuance of identity documents that would allow a person to evade criminal prosecution; g. to verify the authenticity of documents; h. to manage blank documents and specimens; i. to identify victims of accidents, natural disasters, and acts of violence as well as missing persons; k. to record the results of passport control as provided in Art. 27a, para. 2.

Personal data for individuals for whom an identity document is issued according to the IDA, as well as administrative data and other information, are processed in ISA. In order to prevent abuse and the unjustified issuance of multiple identity documents, data for individuals for whom no identity document has yet been issued according to the IDA may be processed in relation to: a. the capture of an identity document; b. the deposit of an identity document; c. the withdrawal of an identity document; d. protective measures for minors or persons under guardianship as referred to in Art. 11, para. 1, let. g, IDA; e. the loss of nationality by operation of law or the revocation of nationality by the authority.

The access of the relevant authorities to ISA and the extent of their rights are governed by Annex 1. The consultation of ISA data for the purposes of identity verification is carried out exclusively by means of the identity document number to be checked. When a person cannot present an identity document but consents to such consultation, the Border Guards Corps and the police services designated by the Confederation and the cantons may consult ISA data using the name and biometric data. Consultation for the purpose of identity verification based solely on the name or solely on biometric data is prohibited.

Consultation of ISA data for the purpose of identifying victims of accidents, natural disasters, and acts of violence, as well as missing persons, is permissible solely on the basis of names and first names.

ISA data are periodically transmitted electronically to the registration authorities for accounting, administrative, and statistical purposes.

Cantonal services record the loss of identity documents in RIPOL.

ISA provides an interface for cantonal services so they can import into their cantonal system the necessary ISA data for preparing the entry in RIPOL.

In specific cases, the office communicates personal data to foreign authorities, upon their request, provided that an international agreement permits it.

If it is not possible to transmit data online, the office will decide on other possibilities for recording data in ISA.

If difficulties arise in foreign representations, particularly concerning the electronic processing of data, the office will establish rules in agreement with the FDFA.

The issuing authority shall rectify the additional data in accordance with Art. 11, para. 1, of the IDA.

If, for example, following a change of name, the same person has multiple entries in ISA, those entries must be consolidated by the issuing authority so that the links between the data are visible.

If the name change results from an adoption or a change of gender, the data shall not be consolidated.

The relevant authorities ensure in their domain that personal data is processed in accordance with the regulations. Anyone processing personal data must ensure that the data they enter into the system or provide to the competent authority is complete, accurate, and up-to-date.

The data related to an identity document recorded in ISA are destroyed 20 years after the first entry, unless preserved by the Federal Archives. The Federal Archives decides on the appropriateness of preserving personal data.

The data concerning the seizure and deposit of identity documents are destroyed on the same day the decision to lift the measure is received.

The competent issuing authority shall ensure that at least two persons are involved in processing each application.

If this is not possible, the individuals responsible for processing the applications must undergo a security check related to individuals, and other appropriate control measures must be taken.

Terminals intended for external use to the Confederation must meet the technical requirements of the Confederation.

The office regulates the details.

The data is transmitted exclusively in encoded form.

All data processing activities are logged.

The logging records are retained for one year, separately from the system in which personal data are processed.

The office oversees the processing of personal data by third parties. It coordinates its activities with the authorities participating in ISA.

It issues regulations for the attention of users.

It ensures compliance with the present ordinance and the directives resulting from it.

Any person may request from the office, in the manner provided for in Art. 16 of the Ordinance of August 31, 2022, on Data Protection, whether data concerning them is being processed.

The information is provided in writing and free of charge. It includes all the data about the applicant that is recorded in the information system.

Art. 26 of the Federal Act of September 25, 2020, on Data Protection (FADP) applies to the refusal, restriction, and postponement of the communication of information.

Any person may request the rectification of inaccurate data concerning them.

Art. 41 of the Federal Act on Data Protection applies to the other rights of the parties concerned.

The Confederation finances the connection and operation of the transmission circuits from the server center to the central connection device (main distributor) of the cantonal capital.

The cantons bear the costs of installing and operating the distribution network on their territory.

The cantons and other authorities connected to ISA bear the costs of maintenance and replacement of the devices acquired during the introduction of the passport 03.

The Confederation defines the devices for capturing and verifying biometric data and designates their suppliers. The acquisition of the devices is subject to the Federal Act of December 16, 1994, on Public Procurement.

The cantons exclusively acquire the devices defined by the Confederation from the suppliers designated by it. The cantons bear the costs of acquisition, maintenance, and replacement of the infrastructure necessary for the issuance and verification of identity documents.

Anyone requesting an identity document must pay a fee.

A fee is charged for the following services: a. subsequent entries referred to in Art. 2, para. 4, IDO; b. the issuance of a temporary passport by an issuing authority outside of regular office hours as well as on Saturdays, Sundays, and legal holidays; c. the issuance of a temporary passport at an airport.

A fee may be charged for the following services: a. additional investigations related to the issuance of a regular identity document or a temporary passport pursuant to Art. 6, para. 4; b. the withdrawal of an identity document; c. the return of a withdrawn identity document; d. the obtaining of additional documents and the transmission of documents.

The amount of the fees is listed in Annex 2.

The Federal Council shall review, after a consolidation phase, whether the fees cover the expenses.

The fees are rounded to the nearest 5 francs, either up or down.

Disbursements are calculated separately based on actual expenses. They are collected along with the fees.

The following are considered disbursements: additional expenses related to a specific service, in particular: a. postage, telephone, and fax charges both to Switzerland and abroad; b. expenses for work that administrative units have carried out by third parties; c. costs of materials and dissemination.

The fees are, in principle, paid by the applicant to the issuing authority when he or she appears in person before it. The issuing authority decides on the method of payment.

Fees for other services and expenses are collected by the authority providing the services.

Abroad, the fees and expenses are paid in local currency. The FDFA may provide for exceptional regulations. The embassies determine the exchange rate in accordance with the directives of the FDFA.

If the requested identity document cannot be issued, the competent issuing authority shall reimburse the portion of the fees related to production according to Annex 3, provided that production has not yet taken place.

If the applicant receives an incorrect, incomplete, or damaged identity document, a replacement document shall be provided free of charge if the defects are reported within 30 working days following the receipt of the identity document.

The delivery time for the identity document is ten working days within Switzerland and 30 working days abroad, starting from the approval of the application by the competent authority. In specific cases, the foreign representation may allow for a longer delivery period.

If circumstances justify it, such as in the event of a technical problem, the department may decide on a longer delivery period. The extension of the deadline is published in the Federal Gazette.

If the delivery period is not met, the applicant may report it within the following five working days. In such a case, they are entitled to the issuance of a temporary passport free of charge if needed for travel or other purposes. If the applicant does not receive the requested passport and its receipt can no longer be reasonably expected, the applicant is entitled to the issuance of a new passport free of charge.

If the center responsible for producing the identity documents is at fault for the defect or delay in delivery, the competent issuing authority provides it with the documents justifying the free production of the identity document.

The office shall decide in case of discrepancies between the competent issuing authority and the center responsible for producing the identity documents.

If the identity document becomes unusable despite the care of its holder, or if the chip is defective, the holder receives a new passport for the remaining validity period free of charge. The holder is not entitled to reimbursement of their expenses.

The Confederation and the cantons shall distribute the fees.

The allocation is governed by Annex 3.

Decisions made by the competent cantonal authority are subject to appeal in accordance with the applicable cantonal law. Final cantonal decisions can be appealed before the Federal Tribunal.

The office is the decision-making authority for identity documents requested abroad.

Legal procedures are governed by the general provisions on federal procedure.

Diplomatic passports and service passports may be issued: a. to FDFA personnel, active or retired, as well as to their family members and accompanying persons; b. to individuals holding an official position with a federal authority or semi-governmental organization, active or retired, as well as to their family members and accompanying persons; c. to individuals on an official mission abroad, for the duration of their mission; d. to certain senior employees of Swiss nationality active in international organizations; e. to members of the Federal Council, including the Federal Chancellor, active or retired, as well as to their family members and accompanying persons; f. to the Presidents of the National Council and the Council of States and to persons holding a function in the Federal Chambers traveling abroad within the framework of a parliamentary commission.

They may be issued to beneficiaries for a limited or unlimited duration.

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The FDFA regulates the details.

The FDFA regulates the modalities related to diplomatic passports and service passports according to chapters 1 to 5 of the present ordinance.

It operates its own issuing authority for the issuance and control of identity documents.

The decisions and service instructions of the FDFA concerning the issuance, delivery, and withdrawal of diplomatic passports and service passports are not administrative decisions subject to the ordinary appeal procedure.

The department is responsible for the implementation of this ordinance.

It issues the directives related to the identity documents necessary for the implementation of this ordinance.

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The following are repealed: 1. Ordinance of 17 July 1959 concerning passports; 2. Ordinance of 18 May 1994 concerning the Swiss identity card.

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This ordinance comes into force on 1 October 2002, subject to para. 2.

Articles 59 and 60 come into force on 1 January 2003.