Ordinance on the Act on the Acquisition and Loss of Cantonal and Municipal Citizenship (Citizenship Ordinance, BRV) (Bürgerrechtsverordnung, BRV) - Scope (ON)

1. This ordinance regulates the responsibilities, procedures, and fees concerning the acquisition and loss of cantonal and municipal citizenship.

**1. The Canton and the Municipalities fulfill their tasks independently of one another.**

1. The municipal council implements the citizenship legislation within the municipal jurisdiction unless another authority or office is designated by cantonal law. It

a. grants municipal citizenship to individuals with Swiss citizenship;

b. submits a proposal to the municipal assembly for the granting or denial of municipal citizenship to foreign nationals;

c. establishes a preliminary commission to handle naturalization applications (Art. 13 of this ordinance);

d. decides on the written form of counterproposals in the naturalization process (Art. 15 of this ordinance);

e. decides on the withdrawal of a naturalization application at the municipal assembly, provided the leadership of the assembly is assumed by the municipal council (Art. 19 of this ordinance);

f. decides on the admissibility of a counterproposal at the municipal assembly, provided the leadership of the assembly is assumed by the municipal council (Art. 19 of this ordinance);

g. submits a request to the cantonal naturalization commission for the annulment of a naturalization granted under cantonal law (Art. 23 of this ordinance).

2. It also grants municipal citizenship to foreign nationals, insofar as the municipal assembly has delegated this task to it.

1. The Municipal Assembly, insofar as it has not delegated its tasks

a. decides on the granting of municipal citizenship to foreign persons;

b. * ...

**1. The Naturalization Commission, insofar as the municipal assembly has delegated these tasks to it:**

a. decides on the assurance of municipal citizenship for foreign individuals;

b. decides on the assurance of municipal citizenship for individuals with Swiss citizenship.

**2. To the extent of the delegated tasks, the Naturalization Commission enforces the citizenship legislation within the municipal jurisdiction instead of the municipal council. In particular, it makes an application to the cantonal naturalization commission for the annulment of a naturalization granted under cantonal law (Art. 23 of this ordinance).**

**3. The municipal assembly elects the Naturalization Commission at the beginning of the term of office, consisting of five to thirteen members, as well as its chairmanship.**

**4. Only individuals eligible to vote in the municipality can be members of the commission.**

**5. The rules of procedure are governed by those of the cantonal naturalization commission, unless municipal law provides otherwise. In urgent cases, the chairmanship takes provisional measures.**

**6. The municipal council provides the necessary organization for the commission to review the applications.**

1. The competent office enforces citizenship legislation within the cantonal jurisdiction, unless another authority or department is designated by cantonal law. It

a. * coordinates the enforcement of citizenship legislation;

b. * conducts preliminary examinations for applications submitted in the municipalities (Art. 7a of this regulation);

c. * provides opinions on applications for reinstatement of citizenship or facilitated naturalization;

d. * determines whether a person possesses cantonal and Swiss citizenship if this is in question;

e. * initiates the investigations requested by federal authorities that are necessary for assessing naturalization requirements;

f. * conducts information sessions (Art. 6a of this regulation);

g. * reviews applications from persons with Swiss citizenship for admission to cantonal citizenship (Art. 9 of this regulation);

h. * reviews applications from foreign persons for admission to cantonal citizenship (Art. 9 of this regulation);

i. * reviews applications for release from cantonal and municipal citizenship (Art. 24 of this regulation);

k. * conducts the nullification procedure and reviews the request by the municipal authority for nullification of a naturalization granted under cantonal law (Art. 23 of this regulation).

1. ...

2. The Cantonal Naturalization Commission

a. decides on the assurance of the cantonal citizenship to foreign individuals and makes the cantonal naturalization decision;

b. admits individuals with Swiss citizenship into cantonal citizenship;

c. releases individuals from cantonal and municipal citizenship;

d. declares a naturalization granted under cantonal law void;

e. agrees to the federal nullification or revocation of naturalization;

f. determines the municipal citizenship of a foundling;

g. determines the municipal citizenship of a foreign individual who was naturalized under facilitated conditions and mistakenly treated as a Swiss citizen;

h. files an appeal in accordance with Art. 47 para. 2 of the Federal Act on the Acquisition and Loss of Swiss Citizenship.

3. At the beginning of the term of office, the Cantonal Council elects the cantonal naturalization commission, consisting of eleven members, as well as its presidency. Parties represented in the Cantonal Council with parliamentary group strength should be adequately taken into account during the election.

4. Anyone who is a member of a federal, cantonal, or communal authority, or who is in a service or employment relationship, is not eligible for election.

5. The rules of procedure are governed mutatis mutandis by the cantonal council legislation. The presidency takes provisional measures in urgent cases.

6. The competent office manages the secretariat of the cantonal naturalization commission.

1. The procedural guarantees of the Confederation and the canton apply to the naturalization process. In particular, the right to be heard must be granted, and decisions on naturalization applications must be made within a reasonable period.

1. The Applicant's Duty to Cooperate. The individuals concerned by the application are obligated to participate in establishing the facts relevant for the application of the citizenship legislation.

1. Foreign nationals seeking naturalization receive the necessary information, forms, and assistance for submitting their application from the municipality of their residence.

2. They are required to attend an informational event organized by the competent authority.

3. The event is intended to inform individuals seeking naturalization particularly about the requirements, procedure, and costs of naturalization.

4. The event is held at least once a year. The competent authority may delegate the organization of the event to third parties.

1. After attending the information session, the language examination can be taken.

2. After successfully passing the language examination, or if there is a waiver decision based on sufficient language skills, the examination of basic civic knowledge can be taken.

3. The government council may provide resources or preparatory courses to acquire the necessary knowledge and may declare them mandatory.

1. The responsible municipal or cantonal naturalization authority shall take into account the personal circumstances of the applicant when making its decision.

2. During the preliminary procedure, the instructing municipal authority may exempt the applicant from the proof of language proficiency and basic civic knowledge. The request to the municipal naturalization authority must state the reasons for the exemption decision.

3. The competent cantonal office shall also review the personal circumstances and may subsequently require proof of language proficiency and basic civic knowledge.

1. If the person seeking naturalization is not yet registered in the Swiss civil status register, they must have themselves registered at the competent civil status office before submitting the application.

**1. Naturalization Applications must be submitted to the relevant municipality using the prescribed form once the preliminary procedure has been completed.**

**2. The application must be accompanied by the necessary documents, in particular:**

a. civil status certificates for the applicant and the persons to be included in the naturalization;

b. * certification of the required duration of residence in the canton, municipality, and in Switzerland;

c. * a curriculum vitae including a list of places of residence, education, and employment;

d. documentation of income and financial situation;

e. * ...

f. * extract from the criminal record;

g. * proof of nationality;

h. * residence permit;

i. * evidence of language skills and basic civic knowledge or the corresponding exemption decisions;

k. * confirmation of attendance at the informational event;

l. * declaration of compliance with the legal order.

**3. Persons with Swiss citizenship need only submit documents a. - f. and l.**

**4-5 ...**

1. The municipality submits the application dossier to the competent cantonal office for preliminary clarification at the beginning of the municipal procedure.

2. The office reviews the application for completeness; it may return incomplete applications to the municipality for completion. Furthermore, it conducts a query in the electronic criminal register and instructs the cantonal police to prepare the conduct report.

3. The cantonal police and the cantonal migration authority report any incidents that supplement the conduct report for the naturalization procedure as well as instances for annulment to the competent cantonal office.

1. To verify the prerequisites for naturalization, the instructing authority conducts the necessary inquiries. In particular, it may request additional documents, hold discussions with the applicants, and obtain information from third parties.

2-3

...

4. The instructing authority submits the naturalization applications to the competent municipal naturalization body with its recommendation for a decision. This body decides on the naturalization applications.

5. The competent municipal naturalization body forwards the decision regarding the assurance of citizenship along with the application documents to the competent cantonal office.

1. The competent authority reviews the applications; this is done independently of the fact-finding and assessment of the preceding instance. For this purpose, it can refer incomplete applications back to the municipalities for supplementation, demand additional documentation from the applicants, and conduct further investigations on its own initiative.

2. The competent authority submits the applications with its recommendation for decision to the cantonal naturalization commission.

3. The naturalization commission is not bound by the assessment of the municipal naturalization body.

1. If the applicant relocates to another municipality or canton during the proceedings, the current jurisdiction remains valid if the necessary inquiries for assurance have been completed.

2. The necessary inquiries for assurance are considered complete

a. In the intra-cantonal relationship, when the instructing municipal authority has submitted the naturalization applications to the responsible municipal naturalization body for decision (Art. 8 para. 4 of this ordinance);

b. In the inter-cantonal relationship, when the resolution of the cantonal naturalization commission on the assurance of cantonal citizenship to foreign persons (Art. 6 para. 2 lit. a of this ordinance) or on the admission of persons with Swiss citizenship into cantonal citizenship (Art. 6 para. 2 lit. b of this ordinance) is in place.

3. If the necessary inquiries for assurance are not completed, the naturalization application becomes irrelevant upon relocation.

1. The following provisions govern the procedure at the municipal assembly for the granting of municipal citizenship to foreign individuals.

2. Insofar as these provisions do not contain any regulations, the provisions of the State Administration Act and the Administrative Procedure Ordinance shall apply. If these enactments also do not contain any regulations, the Voting Act shall apply mutatis mutandis.

1. Ballot Votes are Impermissible.

1. The municipal council decides on the established facts and the motion it intends to submit to the municipal assembly.

2. The decision must be communicated to the applicants. They must be given the opportunity to comment on the facts and to withdraw their application. They must be made aware of the cost implications of a negative decision.

3. If the applicants do not withdraw their application within a period of 30 days, the municipal council shall submit the application with its decision to the municipal assembly.

4. The decision of the municipal council regarding the motion is not subject to appeal.

1. The municipal council may appoint a committee to process naturalization applications (Art. 8 para. 1 of this regulation).

2. Members of the committee may only be persons entitled to vote in the municipality; the chairperson is a member of the municipal council.

3. The committee submits the results of its examination to the municipal council.

1. The applicant has a duty to cooperate. They must provide the municipal council with the information necessary for the application of the citizenship legislation.

2. Significant changes in the circumstances must be reported to the municipal council immediately, including all necessary documents. This applies until the decision of the cantonal naturalization commission.

3. The applicant must be informed that the naturalization can be declared void within the period stipulated by federal law if obtained through false statements or concealment of significant facts.

1. Eligible voters shall be informed in advance and in writing about the application that the municipal council submits to the municipal assembly with its resolution.

2. The information must include the following data about the applicants

a. Name;

b. Address;

c. Age;

d. Gender;

e. Marital status;

f. Profession;

g. Duration of residence in Switzerland and the canton;

h. Application of the municipal council;

i. Any deadline for submitting counter-proposals.

3. The decision of the municipal council and the statement of the applicant can be inspected at the municipal office upon proof of eligibility to vote.

4. The municipal council may determine that counter-proposals, along with their justification, must be submitted in writing prior to the municipal assembly.

5. Eligible voters shall be informed in advance about the applicable legal foundations and the proceedings of the assembly.

1. The applicants may personally present themselves at the municipal assembly. After responding to questions, they must leave the assembly locale for the deliberation and voting process.

2. Before the deliberation begins, the assembly leadership will inform once again about the legal guidelines, the procedure of the deliberation, the admissibility of motions, and the voting process.

3. Each application is treated individually. After the conclusion of the deliberation, the assembly leadership summarizes any counter-motions and reasons, and a vote is taken on them; the counter-motion and the associated reasons must be voted on in a single process. In the case of various counter-motions, the vote must first be taken on those counter-motions that do not aim at the refusal of the assurance of citizenship.

4. Without a counter-motion, an application is not put to a vote. The municipal council's proposal for the assurance of citizenship is thus deemed accepted if

a. no counter-motion is submitted;

b. an inadmissible counter-motion is submitted that may not be put to a vote.

**1. Countermotions must meet the following requirements to be considered admissible and put to a vote:**

a. they must relate to specific, concrete requests or individuals;

b. they must be justified;

c. in the case of Article 15, Paragraph 4 of this regulation, they must be submitted in writing and within the deadline;

d. motions to defer a request must be associated with a mandate to clarify specific issues;

e. motions for separate voting on members of a family must be justified.

**2. An application for naturalization can be withdrawn for clarification of the facts if reasons for rejection are presented, to which neither the applicants were able to respond nor the municipal council can respond. The withdrawal is permissible until the initiation of the voting process.**

**1. The justification of an objection must contain specific reasons for refusal against the applicant.**

2. The justification must demonstrate how the applicant fails to meet the requirements for naturalization, particularly in that they

a. * are not familiar with the relevant circumstances;

b. * are not successfully integrated (Articles 6 and 6a of the Citizenship Act[7]).

c.-d. * ...

3. General justifications that do not refer to a specific application or specific person are inadmissible.

4. If the municipal council adopts a rejecting application, its decision serves as justification. No justification is necessary for the acceptance of an approving application.

1. The chairmanship of the meeting is the responsibility of one or more members of the municipal council.

2. It decides on the admissibility of counter-motions and the withdrawal of a municipal council motion.

3. It is responsible for the recording of the resolutions, including the justification of the counter-motions.

1. The decision of the municipal assembly must be communicated to the applicant in writing, accompanied by an excerpt of the minutes and including an instruction on legal remedies.

**1. After the expiration of the appeals period without action, the Municipal Council forwards the decision regarding the assurance of municipal citizenship rights, along with the application documents, to the Governing Council (Art. 8 para. 5 of this ordinance).**

1. Naturalization may be declared null and void by the cantonal naturalization commission ex officio or upon request of the municipal council.

2. ...

3. The municipal council is responsible for establishing the facts.

1. The application for release from cantonal and municipal citizenship must be submitted in writing to the competent cantonal office along with the required documents. These include, in particular

a. civil status certificates for the applicant and persons to be included in the release;

b. proof of possession or assurance of citizenship of another state or another canton;

c. proof of residence.

2. The office reviews the application, obtains the opinion of the responsible municipal authority, and submits the application with its recommendation to the cantonal naturalization commission for a decision.

1. The fees for the cantonal procedures are as follows

a. Naturalization procedure: CHF 500.- to CHF 1,500.-;

b. Release procedure: CHF 200.- to CHF 1,000.-;

c. Annulment procedure: CHF 500.- to CHF 2,000.-.

1. The Government Council may further regulate the following areas in implementing provisions

a. Conducting the information event;

b. Organization of the examinations;

c. Preparation of the management reports;

d. Fees.

2. The Government Council may entrust third parties with carrying out the tasks pursuant to paragraph 1, letters a and b.

1. The Implementing Ordinance for the Law on the Acquisition and Loss of Cantonal and Municipal Citizenship (Citizenship Ordinance) of June 5, 1992, is hereby repealed.

1. The Government Council shall determine when this ordinance enters into force.