Implementing Ordinance to the Act on Cantonal and Municipal Citizenship (Bürgerrechtsverordnung) - Jurisdictions
Table of Provisions (14)
Statutory Text (14 Provisions)
1. The Cantonal Council is responsible
a) for the granting of cantonal citizenship (Art. 82 para. 1 subpara. f of the Cantonal Constitution);
b) for the assignment of a foundling (§ 4 Citizenship Act);
c)* for the annulment of a naturalization (Art. 36 para. 3 Federal Citizenship Act);
d)* for lodging complaints pursuant to Article 47 para. 2 Federal Citizenship Act.
2. The Department is responsible
a) for granting cantonal citizenship to Swiss citizens (§ 13 Citizenship Act);
b)* for submitting applications to the Citizenship Specialist Commission (§ 16 Citizenship Act);
c)* for expressing opinions pursuant to Article 25 para. 1 and Article 29 para. 1 Federal Citizenship Act;
d) for release from cantonal citizenship (§ 24 Citizenship Act);
e)* for release from Swiss citizenship pursuant to Article 37 para. 2 Federal Citizenship Act.
3. The cantonal office is responsible unless otherwise specified in a law or regulation.
1. Foreign nationals submit their application for naturalization to the mayor of the municipal community.
2. The mayor of the municipal community is responsible for conducting the necessary investigations and forwards the documents to the cantonal office for preliminary examination.
3. After the preliminary examination of the documents by the cantonal office, the competent body of the municipal community decides on the assurance of municipal citizenship.
4. After the assurance of municipal citizenship becomes legally binding, the municipal council transmits the documents to the cantonal office.
5. The cantonal office forwards the documents along with a report and recommendation to the Citizenship Commission. This commission examines whether cantonal citizenship can be assured.
6. The cantonal office obtains the federal naturalization approval.
1. The procedure pursuant to § 2 paragraphs 1-4 also applies to Swiss citizens who are applying for admission to cantonal citizenship.
1. The citizen's municipality notifies the cantonal office of naturalizations and releases from municipal citizenship rights, with an excerpt from the protocol, for the purpose of the Swiss civil status register (INFOSTAR).
1. The application for naturalization must be accompanied by the following documents
a) Original civil status documents (family certificate or certificate of registered family status or personal status certificate), not older than 6 months, as well as, if available, the family booklet and family certificate;
b) Proof of the duration of residency in the naturalization municipality, extract from the central criminal register, as well as from the debt enforcement and bankruptcy register, all not older than 2 months;
c) Certificate of previous residencies in the canton;
d) Documents regarding income and assets.
2. Foreign nationals must additionally submit
a) Confirmation of registered personal status for foreign nationals and stateless persons (for individuals), family certificate (for spouses), or partnership certificate (for registered partnerships), each not older than 6 months, as well as a copy of the foreigner’s identity card;
b) A curriculum vitae;
c) Confirmation of attendance at a civic education course or a new citizen course;
d) If the applicants are recognized refugees: the asylum decision from the competent federal authority and the travel document;
e) Proof of sufficient German language skills (written level A2 and oral level B2 of the Common European Framework of Reference for Languages of the Council of Europe);
f) Current certificate of employment, training, or continuing education, or proof of third-party benefits to which there is a legal entitlement (e.g., benefits from a social insurance or maintenance claims).
3. The local community and the cantonal office may request additional documents. They may obtain information about the applicants from the cantonal police.
4. The respective municipalities will be informed of ordinary naturalization applications from foreign nationals. They may provide a written opinion on the naturalization application.
1. The oath is administered by the mayor or another member of the municipal council.
2. The oath formula is as follows: "I pledge to uphold the constitution and laws, to do everything that promotes the welfare of our state, and to refrain from anything that harms it."
1. The municipal authorities provide each young citizen and new citizen with a copy of the Federal Constitution and the Cantonal Constitution, along with a commemorative certificate. The documents are made available free of charge by the State Chancellery.
2. The municipal authorities ensure the personal entry on the commemorative certificate.
1. Adult Swiss citizens are entitled to a certificate of origin.
2. Minors who do not live with their parents or do not possess the same citizenship as their parents, and individuals under comprehensive guardianship, may claim a certificate of origin with the consent of their legal representatives.
1. The certificate of origin is applied for at the competent civil registry office.
2. The civil registrar issues the certificate of origin based on the Swiss civil status register (INFOSTAR).
1. The certificate of origin is signed by the civil status officer.
1. The cantonal office supervises the issuance of certificates of origin in the context of civil status oversight.
1. The Implementation Ordinance to the Act on Cantonal and Municipal Citizenship (Citizenship Ordinance) of September 28, 1993, is retroactively repealed as of December 31, 2005.
1. Home certificates previously deposited with the municipality of domicile, according to existing law, must be returned to the holders upon their request, but no later than at the time of deregistration from the municipality of domicile.
2. If a person leaves the municipality of domicile without deregistering, the home certificate must be retained by the respective municipality of domicile for six months and subsequently destroyed.
3. Home certificates that have become obsolete must be destroyed by the resident control of the respective municipality of domicile.
1. This regulation shall enter into force retroactively as of January 1, 2006.
2. The right of objection by the Cantonal Council remains reserved.