1. État, peuple, Authorities » 14. Right of Citizenship, établissement, **Stay** 142. Establishment and Stay

1 The purpose of this law is to organize the control of the population and to provide public administrations with the necessary information regarding individuals who are established or residing in a municipality of the canton.

2 It specifically regulates

a) the establishment and residence of Swiss and foreign individuals on the cantonal territory;

b) the harmonization of cantonal and municipal registers;

c) the exchange of personal data between cantonal and municipal authorities;

d) the implementation of the federal law on the harmonization of population registers and other official registers of persons (hereinafter referred to as "LHR").

1 The terms used in this law to designate persons apply equally to women and men.

2 The term "public administrations" used in this law refers to the entities mentioned in Article 3, paragraph 2, of the Personal Data Protection Act.

1 Municipalities are responsible for monitoring the individuals who are established or residing in their territory.

2 They bear the costs associated with this responsibility.

1 The municipalities appoint the officer responsible for controlling the residents (hereinafter referred to as "the municipal officer").

2 The municipal officer performs the tasks provided for by this law and its implementing provisions.

1 The municipal officer maintains the municipal register of residents.

2 They record all the data mentioned in Article 21.

3 They ensure the accuracy, up-to-dateness, and completeness of the information.

4 The register is kept electronically.

A person who moves in order to establish themselves (Art. 3, letter b, LHR) or reside (Art. 3, letter c, LHR) in a municipality is required to personally report to the municipal officer within 14 days.

1. Anyone who intends to reside outside of their place of domicile only temporarily and for a period of less than three months is exempt from the obligation to register. They must, upon request, provide proof of their domicile.

2. In all cases, a person who stays in a municipality must register after three consecutive months of residence or if the stay is spread over the same year.

1 Upon the announcement, the person shall communicate, truthfully, all the data referred to in Article 21.

2 At the request of the municipal officer, the person is required to produce the documents necessary to verify the aforementioned data.

1 The person declaring their establishment shall submit an individual civil status certificate for each of the persons concerned to the municipal officer.

2 The individual declaring their stay shall provide an official document certifying that they are established in another municipality.

1 The person settled or residing must inform the municipal officer within 14 days of any change related to the data referred to in Article 21, unless such communication is made automatically.

2 The person leaving the municipality where they are settled or residing is required to announce their departure no later than the day it occurs and to specify their destination.

1 When a person fails to fulfill their obligations as defined in Articles 6 and subsequent, the municipal council grants them a short period to announce their arrival and submit the required documents or to exercise their right to be heard.

2 After reviewing the case file, the municipal council decides on the establishment or stay of the person.

3 The decision is notified to the person. It is subject to objection and appeal in accordance with Article 56 of the law on municipalities.

4 Once the decision is in force, the municipal official proceeds with the registration in the municipal population register.

Upon request by the municipal officer, the employer, landlord, host, and property manager are required to provide free information regarding persons obligated to report, if such persons fail to fulfill their obligations as per Articles 6 et seq.

The Parliament establishes, by way of decree, the fees to be levied by the municipalities for their activities related to the control of inhabitants.

The Population Service is the competent authority for matters relating to immigration control.

1. Municipalities support the Population Service in the accomplishment of its tasks.

2. They carry out the necessary checks and inform the Population Service of any relevant events.

3. They particularly perform the following tasks

a) they ensure that foreign persons declare their arrival and departure;

b) they ensure that the decisions of the Population Service are implemented.

4. Before the Population Service makes a decision in a permit procedure, it requests the municipality's opinion. This opinion does not bind the Population Service.

1 Upon request from the Population Service, the competent authority responsible for the execution of sentences and measures shall be informed in advance of the date on which a foreign person deprived of liberty will be released.

2 Anyone who accommodates a foreign person for profit must spontaneously report this to the municipal officer.

For the remainder, articles 6 to 13 apply by analogy.

1 An information platform is established to manage the data used by public administrations.

2 It is composed of the cantonal register of residents and other registers that are part of it, designated by the Government by ordinance.

3 The platform allows public administrations to access the data from registers through interfaces.

4 It is specifically used to transmit data to the Confederation.

5 The Information Service is responsible for operating the platform.

1 A cantonal residents' register is established.

2 It contains data concerning all persons, Swiss and foreign, residing or staying within the cantonal territory.

1 The data in the register must be current, accurate, and complete.

2 The competent authorities shall ensure that it is kept up to date.

The cantonal residents' register contains

a) the data referred to in Article 6 LHR;

b) the following data

1. name and first name of the father and mother, including, if applicable, the maiden name of the latter;

2. name and first name of the spouse or registered partner;

3. date of marriage or registration of the partnership, respectively the date of their termination;

4. name and first name of the children;

5. the existence of a general guardianship, a power of attorney for incapacity currently in effect, or any other guardianship communicated by the protection authority.

When making an entry in a civil status register, the civil status office communicates the AVS number and all civil status facts concerning individuals mentioned in Article 19, paragraph 2, to the Population Service.

The municipalities shall transmit free of charge and on a regular basis to the Population Service all the data mentioned in Article 21, with the exception of those specified in Article 22, concerning persons residing or staying within their territory, through their communal inhabitants' register.

When public administrations become aware of a modification of data, they communicate it to the Population Service; the latter then informs the municipality of the person concerned.

1 The services of the cantonal administration have, by means of an appeal procedure, electronic access to the following data

a) official name and other names registered in civil status (Art. 6, letter e, CRRA);

b) first names (Art. 6, letter f, CRRA);

c) address and postal address, including postal code and location (Art. 6, letter g, CRRA);

d) date of birth and place of birth (Art. 6, letter h, CRRA);

e) place of origin if the person is of Swiss nationality (Art. 6, letter i, CRRA);

f) gender (Art. 6, letter j, CRRA);

g) civil status (Art. 6, letter k, CRRA);

h) nationality (Art. 6, letter m, CRRA);

i) establishment or residence in the municipality (Art. 6, letter o, CRRA);

j) municipality of establishment or municipality of residence (Art. 6, letter p, CRRA);

k) date of death (Art. 6, letter u, CRRA).

2 The Government may, by means of an ordinance, grant access to the data mentioned in paragraph 1 in favor of individuals or public or private bodies that perform tasks of public interest or delegated by the State or the municipalities, provided that they need it in the performance of those tasks.

The Tax Authority has electronic access to data regarding the affiliation with a recognized religious community of persons subject to tax (Art. 6, letter l, RCL).

The services of the cantonal administration, the persons or bodies that have been granted access according to Article 25, paragraph 2, as well as the municipalities, may be informed of the AHV number and use it systematically for the fulfillment of their legal duties.

1 The Government may define, by means of an ordinance, to what extent a service of the cantonal administration or a person or an entity that has been granted access under Article 25, paragraph 2, has electronic access to certain data.

2 Such access may only be provided under the following cumulative conditions

a) the person, service, or entity regularly needs, in the performance of its duties, to be aware of information registered in the cantonal inhabitant register that is not mentioned in Article 25, paragraph 1;

b) the person and the collaborators of the service or entity are subject to professional or official secrecy;

c) the transmission of the data in question is proportionate to the intended purpose and is based on a sufficient public or private interest.

1 The Population Service is responsible for maintaining the cantonal register of inhabitants.

2 It also performs the following tasks

a) it coordinates and implements harmonization measures and conducts related quality controls;

b) it provides the required data to the Confederation;

c) it oversees the municipalities in the context of residence and stay control;

d) it issues the necessary directives.

1 Municipalities ensure the allocation of a housing number in accordance with the guidelines of the Confederation.

2 Industrial services, the bodies referred to in Article 25, paragraph 2, landlords, and owners, as well as any other municipal or cantonal service maintaining records, provide the municipalities with the data they need free of charge to determine and update housing numbers.

3 Persons in charge of the numbering of housing have access to the common areas of buildings.

Subject to federal law, violations of this law or its implementing provisions are punishable by a fine.

1 The Government shall regulate, by means of an ordinance, the necessary provisions for the implementation of this law.

2 It may in particular enact provisions concerning

a) the procedure and modalities for the registration of inhabitants;

b) the responsibilities of the municipalities;

c) the documents required to be submitted to the municipal officer;

d) the data exchange procedure in the event of relocation;

e) the software programs to be used for the management of the municipal register of inhabitants;

f) the technical conditions for data transfer;

g) the modalities for maintaining and updating the housing number.

3 The provisions governing information security and data protection shall be implemented through appropriate technical and organizational measures.

The Act of November 9, 1978, on the Establishment and Residence of Swiss Citizens and the Decree of December 6, 1978, concerning the Establishment and Residence of Swiss Citizens are repealed.

This law is subject to an optional referendum.

The Government establishes the entry into force of this law.