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

The purpose of this ordinance is to regulate the implementation of the law concerning the control of residents (hereinafter referred to as "the law").

The terms used in this ordinance to refer to persons apply equally to women and men.

The obligation to report arrival (Art. 6 of the Act) also applies to a person living in a collective household (Art. 2, letter abis, and 9 of the Federal Ordinance on the Harmonization of Registers).

The report must be made within 14 days following the arrival.

At the request of the interested party, the municipal officer may extend this deadline.

Adults are required to appear in person to announce their arrival, unless they are exempted for valid reasons by the municipal officer.

The declaration made by a spouse, registered partner, or holder of parental authority is valid for the other spouse or registered partner and for minor children, as long as these persons live in the same household.

Upon registering the data referred to in Article 21 of the law in the municipal register of inhabitants, the municipal officer shall issue a certificate of establishment, specifying in particular that a document has been deposited in accordance with Article 9, paragraph 1, of the law, or a certificate of residence.

At the time when the establishment or stay comes to an end, the individual concerned is required to report their departure no later than the day of departure and to indicate their destination.

The document submitted in accordance with Article 9 of the law is returned to the individual concerned.

In the event of a person relocating to a municipality in another canton, the departing municipality shall officially notify the receiving municipality of the change. All data specified in Article 21, letter a, of the law concerning the individual shall be transmitted to the competent authority of the receiving municipality.

In the event of a relocation to another municipality within the same Canton, the transmission shall cover all data mentioned in Article 21 of the law; such transmission shall be carried out via the cantonal platform for the exchange of personal data.

**Article 15: Local authorities must ensure that foreign individuals submit their applications for authorization extensions in a timely manner. The remainder of Article 15 of the law is reserved.**

The provisions relating to the establishment and residence of Swiss citizens apply for the remainder.

The annex to the present ordinance regulates

a) access to standard data in favor of persons or public or private entities outside the cantonal administration, within the meaning of Article 25, paragraph 2, of the law;

b) access to specific data within the meaning of Article 28 of the law.

**Article 1: Municipalities and Data Management**

Municipalities shall equip themselves with an IT solution for the electronic management of data related to inhabitants.

The IT solution must comply with the current and future technical requirements of the Federal Statistical Office, as well as the technical standards set by the department to which the IT Service is attached; it must enable the entry and exchange of data stipulated in Article 21 of the law.

Municipalities that, due to their size or for another justified reason, wish to forego acquiring their own IT solution, may, with the agreement of the IT Service, manage data related to their inhabitants through a secured connection to the cantonal platform for the exchange of personal data.

**Article 23: The Transfer of Data from Municipalities Concerning Their Inhabitants**

The transfer of data from municipalities concerning their inhabitants (art. 23 of the law) is conducted exclusively through the SEDEX platform. This transfer occurs at least once every working day. The Population Service may order simulations of data transfers or the repetition of the definitive data transfer.

The municipalities ensure the preservation of the data related to their inhabitants that they hold at the time of the entry into force of this ordinance.

The following are repealed

a) the Ordinance of December 6, 1978, concerning the residence and establishment of foreigners;

b) the Ordinance of December 6, 1978, concerning the declaration of departure of foreigners;

c) the Ordinance of December 6, 1978, concerning the guarantee required from foreigners;

d) the Ordinance of July 9, 1985, establishing the competencies and procedure regarding asylum.

This ordinance shall come into force on February 1, 2010.