2 Private Law - Civil Procedure - Enforcement - 21 Supplementary and Enforcement Provisions of the Civil Code - 212 Personal Rights - CHAPTER One General Provisions (PSTV)
Table of Provisions (24)
Statutory Text (24 Articles)
This regulation defines the procedures for the implementation of federal provisions regarding civil status.
The official language of civil registry offices (hereinafter: offices) is French.
The Fee Schedule is established by the Federal Ordinance on Civil Status Fees (FOCSF), dated October 27, 1999.
[5] The Department of Security, Digitalization, and Culture (hereinafter: the department) is the supervisory authority. Its tasks arise from federal legislation.
Decisions made by civil status officers may be appealed to the supervisory authority, and those of the latter may be appealed to the Cantonal Court.
The Canton of Neuchâtel is divided into five civil status districts
a) Boudry (Boudry, Cortaillod, La Grande Béroche, Milvignes, Rochefort);
b) Le Locle (Le Locle, Brot-Plamboz, La Brévine, Le Cerneux-Péquignot, La Chaux-de-Fonds, La Chaux-du-Milieu, Les Planchettes, Les Ponts-de-Martel, La Sagne);
c) Neuchâtel (Neuchâtel, Cressier, Cornaux, Enges, Hauterive, Le Landeron, La Tène, Lignières, Saint-Blaise);
d) Val-de-Travers (Les Verrières, La Côte-aux-Fées, Val-de-Travers);
e) Val-de-Ruz (Val-de-Ruz).
When the workload of civil registry officers is no longer in compliance with federal legislation, or for other reasons, the Council of State may consolidate districts after consulting the concerned municipalities.
1. When a civil status district comprises multiple municipalities, they shall mutually agree on the location of the district office.
2. The decision of the municipalities is subject to the approval of the Council of State.
3. In the event of a disagreement between the municipalities of a district regarding the location of the district office, the Council of State shall decide.
1 When an office changes its location within the same district, the Commune Council of the future location of the district requests approval from the supervisory authority.
1. The municipality hosting the district seat is required to provide the civil status officers with
a) the necessary personnel and equipment for the execution of their duties;
b) premises accessible to everyone, including individuals with reduced mobility, allowing for the celebration of marriages and the conversion of registered partnerships into marriages in the form of a ceremony on the days and times agreed upon between the municipality and the office;
c) premises for the hearing of engaged couples, the reception of declarations of gender change, as well as the recognition of children.
2. Additionally, it shall ensure the arrangement of the premises by taking the confidentiality and security measures required by federal legislation.
3. It shall ensure that the civil status registers and other documents are protected from fire, humidity, and burglary.
1. The operating hours of the offices are subject to the approval of the supervisory authority.
2. In the event of a temporary modification, the offices shall inform the supervisory authority.
The tasks entrusted to the specialized offices under the Federal Civil Status Ordinance (FCSO) of April 28, 2004 are assigned to the ordinary offices.
1. Each office is composed of civil status officers, headed by a Chief Civil Status Officer.
2. The civil status officers are appointed by the Municipal Council or the Municipal Councils of the municipality or municipalities in the district.
3. These appointments are subject to ratification by the Council of State and are published in the official gazette.
1 The conditions for being appointed as a civil status officer are governed by federal legislation.
In the event of the impediment of the civil status officer, the supervisory authority, upon the proposal of the concerned municipal councils, shall designate an extraordinary deputy holding the civil status officer's certificate.
1. The remuneration of civil registry officers is determined by the municipality or municipalities of the district.
2. In case of a dispute between municipalities of a district regarding the amount of such remuneration, the Council of State shall decide.
Civil status officers perform their duties in accordance with federal and cantonal legislation, as well as directives, circulars, and instructions issued by the competent federal civil status authority and the supervisory authority.
2. The supervisory authority determines which courses must be taken.
3. The costs are borne by the municipalities of the districts.
Disciplinary measures, dismissal, and removal of civil status officers who fail in their duties or prove to be unfit are governed by federal legislation.
Civil status records that were established before the dates set in Article 92a, paragraph 1 of the Civil Status Ordinance, are considered archives. They must be deposited at the State Archives, in accordance with the guidelines of the State Archives Office.
1. Each office is provided with an embossed seal bearing the cantonal coat of arms with the inscription "Republic and Canton of Neuchâtel, Civil Status [district]".
2. The seal must be affixed to all documents of an official nature. However, it may not be used for documents unrelated to civil status.
When foreign nationals are to be recorded in the civil status register, foreign documents are submitted to the supervisory authority for verification prior to the registration of the event, in accordance with the guidelines of the supervisory authority.
The person who finds a child of unknown parentage shall immediately inform the Neuchâtel police, who shall then inform the civil status office of the relevant district.
1. The civil status officer may only gain access to the computerized civil status register after approval by the supervisory authority. The supervisory authority submits access requests to the competent federal authority.
2. The supervisory authority defines the roles and tasks assigned to each user.
3. The installation of the system falls under the responsibility of the cantonal department in charge of information technology.
The offenses stipulated in Article 91 of the Federal Ordinance on Civil Status (FOCS), dated April 28, 2004, are prosecuted in accordance with the Introductory Act to the Swiss Code of Criminal Procedure (IA-SCCP), dated January 27, 2010 [6].