Civil Status Ordinance of the Canton of Grisons (KZStV) - Civil Status Districts (KZSTV)
Table of Provisions (21)
Statutory Text (21 Articles)
1. The administration of a civil status district (administration) regulates the organization and the distribution of administrative costs in an agreement. This agreement must be submitted to the Office for Migration and Civil Law for information.
2. The civil status districts are designated as follows
1. *Albula with its administrative seat in Tiefencastel, encompassing the Albula region;
2. *Imboden with its administrative seat in Domat/Ems, encompassing the Imboden region;
3. *Inn/En with its administrative seat in Scuol, encompassing the Engiadina Bassa/Val Müstair region;
4. *Landquart with its administrative seat in Landquart, encompassing the Landquart region;
5. *Maloja with its administrative seat in St. Moritz, encompassing the Maloja region;
6. *Moesa with its administrative seat in Sta. Maria i.C., encompassing the Moesa region;
7. *Plessur with its administrative seat in Chur, encompassing the Plessur region;
8. *Prättigau/Davos with its administrative seat in Davos, encompassing the Prättigau/Davos region;
9. *Surselva with its administrative seat in Ilanz/Glion, encompassing the Surselva region;
10. *Bernina with its administrative seat in Poschiavo, encompassing the Bernina region;
11. *Viamala with its administrative seat in Thusis, encompassing the Viamala region.
12. * ...
13. * ...
1. The canton establishes a special civil status office based in Chur. This office is affiliated with the Office for Migration and Civil Law.
1. The official language corresponds to the language of the indigenous language community of the civil registry district. The official languages of a multilingual civil registry district correspond to the official languages of the administrative body.
2. ...
3. In a monolingual civil registry district with Romansh as the official language, extracts shall be prepared in German upon request by the applicant.
1. Civil registrars who do not possess the professional certificate required by federal law must acquire it within three years of election. The Office for Migration and Civil Law may extend this period in justified exceptional cases.
1. With the approval of the sponsoring authority, a civil registrar can be entrusted with the representation of another civil registry district.
2. In the presence of special circumstances, the Office for Migration and Civil Law appoints an extraordinary representative. In this case, the scope of duties can be adapted to the special circumstances.
1. The Office for Migration and Civil Law conducts continuing education and instruction courses for civil registry officers as needed. It may also delegate this task to another institution.
2. Participation is mandatory for all civil registry officers.
1. The authority provides the civil registry office with at least a dignified venue for the solemnization of marriages and the ceremonial conversion of registered partnerships into marriages, as well as suitable premises for other civil registry activities.
2. It sets the office hours of the civil registry office and the times during which couples are married and registered partnerships are ceremonially converted into marriages.
3. It designates one Saturday per month on which marriages and ceremonial conversions of registered partnerships into marriages can be conducted. In this context, the designated venues must be adequately considered. In case of disputes, the Migration and Civil Law Office shall decide.
1. The sponsorship may stipulate that the fee for the wedding or the conversion of a registered partnership into a marriage, as well as for the associated official travel, can be waived in whole or in part.
1. The responsibility lies with the sponsoring entity to ensure the secure storage of the registers, records, and electronic data carriers.
1. The civil registry office has access to the data necessary for fulfilling its legal duties. The right of access does not extend to particularly sensitive personal data or personality profiles.
2. Data access can be carried out through a retrieval procedure. Mass inquiries are permissible.
3. Otherwise, the provisions of the law on resident registers and other personal and object registers apply.
1. The operating and amortization costs charged by the Confederation for the use of the civil status database are pre-financed by the canton and subsequently charged to the civil status districts in proportion to their population.
1. The hourly rate for correcting grossly erroneous registry entries in the computerized civil register is 60 Swiss Francs.
**1. Subject to Article 10a, the competent authority for the certification of changes in civil status is:**
a) the civil status office responsible for the place of origin for
1. * foreign decisions,
2. * foreign documents,
3. administrative decisions of the federal government,
4. * ...
5. naturalizations (at the new place of origin),
6. * releases from citizenship (at the former place of origin),
7. * ...
b) the civil status office responsible at the place of the decision for
1. * domestic court judgments (at the seat of the first instance court),
2. * ...
3. * ...
4. * ...
**2. In other cases, and subject to Article 10a, the competent authority is the civil status office at the residence of a party involved or the civil status office that subsequently has another official act to perform.**
1. The Special Civil Status Office is responsible for the registration of changes in civil status in the following cases
a) Adoption decisions of the Child and Adult Protection Authority of Graubünden;
b) Adoption decisions made abroad;
c) Name change decisions by the cantonal authority;
d) Name changes and declarations made abroad;
e) Annulments of naturalizations;
f) Testamentary recognition of children;
g) Declarations of disappearance and their revocation based on cantonal or foreign decisions.
1. Courts and administrative authorities shall promptly communicate their final decisions, which entail a change in civil status, to the competent office according to Article 10 and Article 10a (Art. 43 paras. 3 and 5 ZStV).
1. The Civil Registry Office submits the files to the Office for Migration and Civil Law for review when a foreign person is entered into the civil status register. The Office for Migration and Civil Law may
a) establish exceptions to the obligation to review files;
b) impose additional cases subject to the obligation to review files.
2. The Office for Migration and Civil Law may fully or partially exempt a Civil Registry Office from the obligation to submit files.
1. Depending on the jurisdiction, the Office for Migration and Civil Law submits the foreign documents containing civil status facts, along with the certification order, to a civil registry office or the special civil registry office.
2. The original documents are archived by the certifying office.
1. Applications pursuant to Article 71, Paragraph 3 of the Municipal Act of the Canton of Graubünden must be submitted on the official form along with a copy of the passport or identity card to the civil registry office responsible for the place of origin. Persons not residing in the Canton of Graubünden must additionally provide a residency confirmation.
2. Spouses or individuals living in a registered partnership can submit a joint application if the same previous home municipality is to be recorded in parentheses.
3. Children may be included in the application of the parents or one parent if
a) they are minors at the time of application;
b) they hold the same citizenship as the applying parents or the applying parent; and
c) consent from the persons with parental authority is provided.
4. From the age of 16, minor children must express their own will in writing.
1. The fee in the event of approval of the application amounts to 75 Swiss Francs for an individual and an additional 10 Swiss Francs for each additional person included in a joint application.
2. Otherwise, the provisions of the Ordinance on Costs in Administrative Procedures shall apply.
1. The appeal procedure is governed by the provisions of the Administrative Procedure Act concerning administrative appeals.
1. This ordinance shall come into force on April 1, 2007.
2. At this time, the Ordinance on Civil Status Matters (kZStV) of February 1, 2005, shall be repealed.