Legislator Case Law & Legislation
143.111 CH

Ordinance of the FDJP of February 16, 2010 on Identity Documents for Swiss Nationals (Swiss) - Scope of Application

41 Articles / Provisions · Switzerland · Federal Legislation (SR / Fedlex)
Open official source Machine-readable Markdown (.md)

Table of Provisions (41)

Statutory Text (41 Articles)

suisses; Chapitre 1 Dispositions générales

This ordinance applies to all identity documents within the meaning of Art. 1 OLDI.

The provisions of the ordinance of the FDFA of November 13, 2002, concerning the ordinance on identity documents for Swiss nationals are reserved.

suisses; Chapitre 2 Forme et contenu

The ordinary passport and the temporary passport are issued in booklet form according to the ID-3 format.

The identity card is issued in credit card form according to the ID-1 format.

suisses; Chapitre 2 Forme et contenu

The official name is recorded in accordance with that listed in Infostar, in the residents' register, on the act of origin, in the family register, or in the information system related to identity documents (ISA).

For the issuance of a passport or an identity card, the name may not exceed 50 characters, including spaces.

If the most commonly used name cannot be included, due to space constraints, in the area available for the name, it may be placed as the last name in the available space, with the applicant's consent. The names must appear in full and in the correct order in the section for official supplements of the passport.

...

suisses; Chapitre 2 Forme et contenu

The joint name as defined in this ordinance expresses the bond between two married persons or two registered partners. At the request of the applicant, it may be recorded either as a name in the passport or on the identity card, or as an official addition in the passport.

The first part of the joint name is the current official name of the applicant. To this name, separated by a hyphen, may be added

a. in the case of a common name: the last official name or the maiden name carried before the marriage or registered partnership by the spouse or partner not giving their name to the new name;

b. in the case of a different name: the official name or the maiden name of the spouse or partner.

A joint name already used can be reused after the dissolution of the marriage or partnership if the official name has not been modified during the dissolution.

suisses; Chapitre 2 Forme et contenu

The first name is recorded in the order appearing in Infostar, in the residents' register, on the certificate of origin, in the family register, or in ISA. The commonly used first name is not mentioned.

For the issuance of a passport or an identity card, the first name may not exceed 50 characters, including spaces.

If the commonly used first name cannot appear, due to space constraints, in the available area for the first name, it may be placed as the last first name in the available space, with the applicant's consent. The first names must appear in full and in the correct order in the official supplements section of the passport. Upon the applicant's request, the commonly used first name may be recorded in the official supplements section of the passport.

If the applicant does not have a first name, three asterisks (***) are entered in the field.

suisses; Chapitre 2 Forme et contenu

The date of birth must be presented in the day-month-year format, with 8 digits and using dots as separators (DD.MM.YYYY).

If Infostar only indicates the year of birth, the exact day and month of birth may be taken from existing official documents. If no official documents mention the exact day and month of birth, it is permissible to record 01.01.

suisses; Chapitre 2 Forme et contenu

The gender is recorded in abbreviated form (F = female; M = male) on the identity document.

suisses; Chapitre 2 Forme et contenu

The height is indicated in centimeters (cm). If it is not recorded, pursuant to Art. 14, para. 4, OLDI, the height entry is replaced by three asterisks (***).

suisses; Chapitre 2 Forme et contenu

The spelling of the place of origin shall conform to the official list of municipalities in Switzerland established by the Federal Statistical Office; it shall be followed by the official abbreviation of the corresponding canton.

suisses; Chapitre 2 Forme et contenu

The section for official complements exists only in the passport and comprises a maximum of 380 characters, including spaces.

At the applicant's request, official complements may be entered in one of the national languages or in another language if it can facilitate the applicant's travel. Only characters provided in the character table listed in the annex are permitted.

Restrictions on the application scope of the passport must be recorded as official complements.

Any subsequent entry or deletion of an official complement must be requested from the competent issuing authority, which will document it. The applicant must be in possession of their passport when appearing in person before the authority.

suisses; Chapitre 2 Forme et contenu

The applicant is required to sign their passport upon receipt.

For the identity card, the issuing authority includes on the document the signature by which the applicant has certified the accuracy of personal data when they personally appeared before the authority. For applicants who cannot write or for children under seven years of age, three asterisks (***) are entered in place of the signature for the issuance of an identity card.

Identity documents cannot be signed by a representative.

suisses; Chapitre 2 Forme et contenu

The issuing authority may accept that the applicant provides a digital photograph. If the applicant wishes to utilize this option, they must indicate this when requesting the issuance of an identity document. In such cases, the issuing authority will send an email with a link through which the digital photograph can be uploaded into the identity documents system.

The photograph must meet the following characteristics: a color image (8 bits per pixel) in JPEG format, with high-quality compression (file size: approximately 700 kB) in baseline (standard) format. It must not be retouched.

Except for the format requirements, the specifications outlined in the sample photo table according to Art. 13 must be followed.

The format must meet the following requirements: a. the dimensions of the photograph should be: 1980 × 1440 pixels (height × width); b. the space between the eyes (between the two pupils) must represent between 15 and 20% of the photograph's width; c. The eyes must appear in an area between 50 and 60% of the photograph's height, measured from the bottom edge.

The photograph provided by the applicant is verified using a photograph taken on-site and is adjusted in the system. There is no right to use this photograph if it does not meet all the required criteria.

Providing a photograph does not grant any right to a reduction in the fee. The applicant is not reimbursed for any incurred costs.

suisses; Chapitre 2 Forme et contenu

In accordance with Art. 5 of the Act of June 18, 2004, on Official Publications, the sample photo chart is not published in the Official Compendium of Federal Law. It is available in electronic form and can be consulted free of charge through the issuing authorities.

suisses; Chapitre 2 Forme et contenu

When it is impossible to take fingerprints from one hand, fingerprints must be taken from two fingers of the other hand.

suisses; Chapitre 2 Forme et contenu

The date of issuance of an identity document corresponds to the date of production and serves as the reference for calculating the duration of validity. The age of the applicant at the time they appear in person to submit their application is decisive for calculating the duration of validity. The limitation of the validity period pursuant to Arts. 5, para. 3, and 13, para. 4, of the OID is reserved.

suisses; Chapitre 2 Forme et contenu

The center responsible for producing identity documents assigns a different number to each identity document. Additionally, the passport numbers are generated randomly.

suisses; Chapitre 2 Forme et contenu

The spelling of the place of birth in Switzerland is in accordance with the official list of Swiss municipalities established by the Federal Statistical Office; it is followed by the official abbreviation of the corresponding canton.

The spelling of a place of birth abroad is in accordance with the entry in Infostar, on the certificate of origin, or in the family register.

If the place of birth is not known, three asterisks (***) are entered in the corresponding field.

suisses; Chapitre 2 Forme et contenu

The official names and first names of the parents at the time of establishing the parent-child relationship must be recorded. If the mother or father has no name or first name, if there are uncertainties regarding their name or first name, or if either the name, the first name, or both are unknown, three asterisks (***) are entered in the corresponding field.

suisses; Chapitre 2 Forme et contenu

If the applicant is under general guardianship or curatorship, the following data are also recorded: a. for minors, the official name and first name of the guardian; b. for adults, the official name and first name of the curator.

suisses; Chapitre 2 Forme et contenu

The following documents, in particular, can be required during the application process and entered into ISA: – an individual civil status certificate; – a certificate of residence; – a document from the civil status office; – proof of the legal representative; – the decision regarding the granting of parental authority; – the reasons for the official supplements in accordance with Art. 2 para. 4 of the Federal Act of 22 June 2001 on Identity Documents (IDA) and Art. 14 para. 5 of the OIDA; – expired or valid identity documents that must be rendered unusable; – the reasons for issuing a replacement passport, in accordance with Art. 20 OIDA; – documents established in connection with the loss of identity documents according to Art. 25.

The applicant receives no compensation for the acquisition of the documents referred to in para. 1.

suisses; Chapitre 2 Forme et contenu

When data is processed in accordance with Arts. 13 LDI and 29 OLDI, the names, first names, date of birth, place of birth, place of origin, and gender are entered into ISA, along with the names of the parents.

suisses; Chapitre 3 Demande, établissement et perte

For the entry of application data, only the characters provided in the character table listed in the appendix are permitted.

suisses; Chapitre 3 Demande, établissement et perte

The legal representative must, in principle, appear in person with the applicant before the competent issuing authority.

The legal representative may be excused from appearing in person if they have provided their written authorization and it can be appropriately confirmed.

When the consent of the other parent is required in accordance with Art. 11, para. 2, OLDI, it may be given in person or appropriately confirmed with due diligence as required by the circumstances.

The competent issuing authority records the consent of the legal representative in ISA.

suisses; Chapitre 3 Demande, établissement et perte

Except for the section on official supplements in the passport, the competent issuing authority may only correct data that does not appear directly on the identity document or is not recorded on the chip. In all other cases, a new identity document must be requested, with corresponding correction in ISA.

suisses; Chapitre 3 Demande, établissement et perte

In the event of repeated losses of the identity document in accordance with Art. 5, para. 3, OLDI, the competent issuing authority shall require the applicant to provide: a. a police-issued declaration of loss; b. a detailed written account of all losses, and c. a confirmation attesting that this account is true in all respects.

If misuse of identity documents cannot be ruled out, the competent issuing authority shall report the case to the Federal Office of Police (office) and attach to its report a document detailing the circumstances and the measures ordered.

suisses; Chapitre 3 Demande, établissement et perte

Expired identity documents, those that are no longer necessary, and those that remain with the issuing authority must be appropriately deactivated or destroyed by the authority and noted as such in ISA. If the passport to be deactivated contains valid visas or necessary entry or exit stamps, the document holder may request that the relevant pages not be deactivated. The machine-readable zone must always be deactivated.

suisses; Chapitre 3 Demande, établissement et perte

If the applicant is in possession of a diplomatic passport or a service passport, the Federal Department of Foreign Affairs must be informed in advance by the competent issuing authority of the issuance of a passport exchanged pursuant to Art. 20 OLDI.

Generally, the issuance of a passport is subject to the return of the other passport. In exceptional cases, a passport may be exchanged for the purpose of obtaining a visa and given to the holder's employer, provided they are trustworthy, or to another trustworthy person. Once the exchanged passport is no longer needed, it must be surrendered to the competent issuing authority without prior request from them.

suisses; Chapitre 3 Demande, établissement et perte

The prospective spouses may request an identity document containing the new personal data, valid from the marriage, no earlier than 60 working days before the scheduled marriage date. The identity document can be handed to the applicant by the civil status officer during the wedding ceremony. Abroad, the identity document is handed over by the diplomatic or consular representation after the marriage.

If the new identity document is necessary for obtaining a visa, it can be issued no earlier than 30 working days before the marriage in exchange for the return of the old identity document. If the old identity document is still needed during this period, the new identity document can be provided upon a written commitment to return it. If the holder receives this new identity document before the marriage, it must be deposited with an authority until the marriage.

The competent issuing authority must ensure that the holder never possesses both identity documents simultaneously. The new identity document can only be handed over if the data concerning the person matches those on the marriage certificate. The old identity document must be reclaimed at the time of the handover of the new document and returned to the competent issuing authority, which renders it unusable or destroys it.

The personal data allowing for an application before the marriage must be extracted from an official document issued by the civil status officer or the diplomatic or consular representation in anticipation of the marriage.

suisses; Chapitre 3 Demande, établissement et perte

The office must be immediately informed if the issuing authorities detect counterfeits, forgeries, or any attempts to fraudulently obtain identity documents, or if there are elements that suggest their existence.

suisses; Chapitre 4 Passeport provisoire

The issuing authorities must acquire the provisional non-personalized passports (blank passports) from the production center while ensuring that appropriate security measures are taken.

They must manage and store the blank passports securely and catalog them.

The theft of blank passports must be reported without delay to the police and the office. The numbers of these passports must be entered into the RIPOL computerized search system and blocked in ISA.

suisses; Chapitre 4 Passeport provisoire

If a person repeatedly submits applications for a provisional passport, and if there are elements suggesting that these passports have been used fraudulently, the issuing authority must inform the office and prepare a report for its attention on the circumstances surrounding the case, particularly on the urgency of issuance and the measures ordered.

suisses; Chapitre 5 Laissez-passer

Diplomatic and consular representations may issue laissez-passer. They serve as a substitute identity document for Swiss nationals who do not possess identification and wish to return to Switzerland.

The laissez-passer contains at least personal data, the validity period, and a photograph.

suisses; Chapitre 5 Laissez-passer

The duration of validity is limited to the strict minimum.

The scope of application is limited to direct return to Switzerland. The laissez-passer must be written in at least one of the Swiss national languages and in a language understood in the state where the issuing authority is located.

suisses; Chapitre 6 Demande de carte d’identité auprès de la commune de domicile

Subject to the provisions of this chapter, the provisions of the preceding chapters are applicable by analogy.

suisses; Chapitre 6 Demande de carte d’identité auprès de la commune de domicile

The hardware used by the municipality of residence must meet the following minimum requirements: a. a commonly available computer on the market with a free memory capacity of 500 MB, a working memory of 1 GB, and an Internet connection; b. scanner: accessible from the workstation via the TWAIN driver or the WIA driver with a configurable resolution up to 600 dpi and with 8-bit grayscale levels; c. digital camera with a minimum resolution of 1980×1440 pixels in JPEG format.

The software used by the municipality of residence must meet the following minimum requirements: a. operating system: Windows 7 or later versions; b. terminal server: Citrix Xenapp 6.5 with Windows 2008 R2 or later versions; c. up-to-date antivirus; d. ... e. entire architecture of 32-bit or 64-bit.

suisses; Chapitre 6 Demande de carte d’identité auprès de la commune de domicile

The date on which the applicant personally appeared before the authority is considered the date of the application and serves as the basis for calculating the validity period in accordance with Art. 5, para. 1, OLDI.

...

suisses; Chapitre 6 Demande de carte d’identité auprès de la commune de domicile

The photo specifications chart (Art. 13) determines the requirements that the photograph must meet.

suisses; Chapitre 7 Entrée en vigueur

This ordinance enters into force on March 1, 2010.

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →