Ordinance on the Civil Status Service (VZD) - Scope of Application (VZD)

1. This Regulation governs

a) the organization of the cantonal civil status offices;

b) the administration of duties by cantonal civil status officers;

c) supervision and legal protection in civil status matters.

1. In the Canton of Solothurn, civil registry districts are established as described in the appendix, with the names and seats of office specified therein.

2. A special civil registry office may be established, which fulfills the tasks according to Article 2 of the Civil Status Ordinance (ZStV) and has the entire cantonal area as its civil registry district.

1. For each civil registry district, at least one registrar shall be appointed. The authority for such appointments is governed by the Ordinance on the Law concerning State Personnel dated March 27, 2001.

2. If multiple persons are appointed in a district, one of them shall be designated as the head of the civil registry office.

1. A person may be employed as a civil registrar if they meet the requirements set forth in Article 4, paragraph 3 of the Civil Status Ordinance (ZStV).

2. Individuals who do not possess a professional certificate in civil status affairs may still be employed as a civil registrar. They must acquire the federal professional certificate within three years of their employment.

3. If new employees have not yet obtained the federal professional certificate, the head of the civil status office will decide on any restrictions within their scope of duties.

4. The authority to certify civil status is granted by the supervisory authority once the head of the civil status office submits a request for the new employees based on their acquired expertise. This request can be submitted no earlier than three months after employment begins.

1. Basic training consists of a foundational course with an examination and a minimum of two years of practical experience in civil status services. It is concluded with the preparatory examination course and the acquisition of the federal certificate of proficiency.

2. Civil status officers are required to attend continuing education events designated as mandatory by the supervisory authority.

3. The basic training and continuing education are coordinated and conducted jointly with other cantons or professional organizations as far as possible.

1. Civil status officers of a district substitute for each other according to the directives of the head of the civil status office.

2. Civil status officers are extraordinary deputies in other districts according to the directives of the supervisory authority.

1. Supervision of the civil registry offices is exercised by the competent department (§ 37 para. 1 EG CC).

2. A department for civil status supervision is established. Its responsibilities are determined by the present regulation.

1. The Department decides on appeals against orders and decisions of civil registry officials (§ 37 paragraph 3 EG CC) and on disciplinary measures pursuant to Article 47 CC.

1. The Department for Civil Status Supervision fulfills the duties of the supervisory authority not mentioned in § 8.

2. It conducts the prescribed instructions and inspections at the civil registry offices. Each civil registry office is generally inspected once a year.

3. Additionally, the department has the following responsibilities

a) It submits a proposal to the department for a decision on a name change (§ 34bis Introductory Act to the Swiss Civil Code);

b) It submits a proposal to the department regarding the pronouncement of adoption (§ 77 Introductory Act to the Swiss Civil Code);

c) It oversees the citizenship service.

1. The official language is German.

1. If there is a connection to a foreign country in the certification of civil status, in a marriage procedure or in a procedure for the registration of a partnership, the records must be submitted to the supervisory authority for review (Article 16 paragraph 6 ZStV).

2. The supervisory authority may exempt individual civil status officials from this submission obligation.

1. The civil registers transferred to the civil status offices in the year 1929 shall be considered as family registers.

2. The supervisory authority may order that certain registers maintained on paper be stored centrally.

1. Extracts from Parish Registers from 1836 - 1875 are issued by the office (Civil Registry Office or the Department for Civil Registry Supervision) that maintains these books. Extracts from Parish Registers prior to 1836 are prepared by the State Archive.

1. Every civil registry office shall have a wedding venue that corresponds to the solemn setting required for official documentation. In this room, other official acts in addition to the solemnization of marriage may also be performed.

2. As an alternative to the wedding venue at the civil registry office, the wedding may be conducted in another suitable location. The supervisory authority designates the castles that are deemed suitable and regulates further details.

3. There is no legal entitlement to conduct the wedding outside of the civil registry office.

1. The solemnization of marriage or registered partnership may be conducted from Monday to Friday, between 8 a.m. and 12 p.m. as well as between 2 p.m. and 6 p.m. Outside of these times and on Saturdays, the solemnization of marriage or registered partnership is only conducted exceptionally.

2. On Sundays and other public rest days, on federal holidays, on Easter Monday and Pentecost Monday, as well as on local holidays, the solemnization of marriage or registered partnership is not conducted.

1. The civil registrar shall notify the competent municipal office of civil status events affecting residents no later than the day following the registration.

2. ...

3. The civil registrar shall report all deaths of persons residing in the canton to the inventory officer immediately after registration.

4. Private individuals may also report a death to the municipal administration of the municipality where the deceased person passed away, provided that the civil registry office is not located in that municipality (Art. 35 of the Civil Status Ordinance).

1. Court judgments pursuant to Article 40 of the Civil Status Ordinance must be communicated to the civil status office in the district where the court of first instance is located.

2. The municipal community reports the granting of municipal citizenship to citizens of the canton to the department responsible for civil status supervision; the report must be accompanied by the naturalization decision and a certificate of civil status.

3. The adult protection authority must notify the civil status office of the person's place of origin about the establishment and cessation of comprehensive guardianships due to permanent incapacity to judge.

1. The procedure before the civil registry offices and the supervisory authorities is governed by the Law on Legal Protection in Administrative Matters (Administrative Procedure Act, APA) of November 15, 1970, unless federal law provides otherwise.

1. Appeals against decisions made by the civil registrar can be lodged with the department (Art. 90 para. 1 ZStV).

2. Appeals against decisions and rulings of the department can be lodged with the administrative court (§ 49 GO; Art. 90 para. 2 ZStV).

1. The Ordinance on Civil Status Services of May 16, 2000, is repealed as of December 31, 2006.

1. This regulation is subject to the approval of the federal government.

2. It shall come into force on January 1, 2007.

3. The right of objection by the Cantonal Council is reserved.