Vaud Citizenship Act (LDCV) - Object (LDCV)

1. The principal purpose of this law is the implementation of the provisions of federal law concerning the acquisition and loss of Swiss nationality, as well as the acquisition and loss of cantonal and communal citizenship.

2. The purpose of this law is also to ensure equality of treatment in this matter throughout the entire canton.

3. It further regulates the cantonal competencies in this matter.

1. The acquisition and loss of Swiss nationality entail respectively the acquisition and loss of cantonal citizenship (referred to in this law as "right of citizenship"), as well as the acquisition and loss of communal citizenship (referred to in this law as "communal citizenship").

1. Acquisition and Loss of Citizenship

1. solely by operation of federal law;

2. by decision of the federal authority, in cases where it has sole jurisdiction;

3. by decision of the cantonal authority, following federal authorization, in the following cases

a. ordinary naturalization of foreign nationals;

4. by decision of the cantonal authority, in the following cases

a. granting of citizenship to Swiss nationals from other cantons;

b. reintegration of Swiss nationals;

c. release from Swiss nationality;

d. release from citizenship;

e. annulment of ordinary naturalization of a foreign national;

f. annulment of citizenship of Swiss nationals from other cantons.

1. No citizenship can be acquired without the acquisition or possession of cantonal citizenship rights and vice versa.

1. The Council of State is the competent cantonal authority for advising federal authorities on the granting of citizenship and making naturalization decisions.

2. The municipality is the competent communal authority for the granting of citizenship rights.

3. The cantonal service responsible for citizenship (referred to in this law as "the Service") is the competent authority for all other decisions and instructions arising from this law or its implementing regulation, subject to the powers that may be expressly assigned to other authorities by this law or its implementing regulation.

4. The Service is competent to make decisions of non-consideration due to the non-fulfillment of formal conditions, to make decisions of refusal in cases of non-fulfillment of objective material conditions, and in cases of non-compliance with Article 8, paragraph 1 of this law.

1. The department responsible for the right of citizenship (referred to in this law as "the Department") oversees the activities of the municipal authorities.

2. It provides support to the municipal authorities through directives and specific instructions.

3. It conducts or causes to be conducted periodic inspections of the activities of the municipal authorities by the prefect. In the event of irregularities, the prefect informs the supervisory authority.

4. The Department may delegate the tasks outlined in paragraphs 1 to 3 to the Service.

1. The cantonal decision on naturalization, as well as the decision to grant the right of citizenship, are communicated to the relevant departments and administrations. The implementing regulation [E] of the present law specifies the modalities.

1. In the cases referred to in Article 3 paragraph 1 number 3 and number 4 letters a to d, the applicant is obliged

a. to provide all necessary documents requested by the competent authority;

b. to provide accurate and complete information on the elements decisive for naturalization;

c. to immediately inform the competent authority of any change decisive for naturalization.

2. If any of these obligations is not respected, the authority may rule on the basis of the existing file and, if necessary, render a negative decision.

3. In the case of Article 3 paragraph 1 number 4 letters e and f, the person concerned is obliged to provide accurate and complete information on the decisive elements.

1. In the event the applicant relocates to another municipality within Vaud before the notice of closure by the municipal authority as stipulated in Article 32, the departing municipality retains its jurisdiction and processes the procedure.

2. In the event the applicant relocates to another canton before the notice of closure by the municipal authority, the cantonal and municipal authorities of Vaud lose their jurisdiction.

3. In the event the applicant relocates within Switzerland after the notice of closure by the municipal authority, the cantonal and municipal authorities retain their jurisdiction.

4. For the purposes of relocation, the date of departure recorded in the municipal resident control register is considered.

1. Cantonal and communal authorities ensure that their procedures do not infringe upon the private sphere. They are particularly responsible for the handling of data produced within the framework of the naturalization procedure.

1. To fulfill the tasks incumbent upon them by this law, the Service and the competent communal authorities may collect and process personal data necessary for the accomplishment of their naturalization tasks, including sensitive data and personality profiles.

2. To this end, the Service operates an electronic case management system.

3. The Service and the competent communal authorities may collect and process the following sensitive data, only to the extent useful for the accomplishment of the tasks incumbent upon them according to this law

1. data relating to prosecutions, as well as criminal or administrative sanctions;

2. individual measures and aids resulting from social legislation;

3. data relating to political or religious activities;

4. data related to ethnic origin;

5. data related to the psychological, mental, or physical state of the applicant.

4. The implementing regulation [E] of this law sets forth executive provisions. It defines, in particular

1. the categories of personal data processed;

2. access rights;

3. technical and organizational security measures intended to prevent data processing by an unauthorized third party;

4. data retention periods;

5. data archiving and erasure.

1. To be admitted to file an ordinary naturalization application in the Canton of Vaud, the foreign applicant must, at the time of filing the application

1. meet the formal conditions stipulated by federal legislation;

2. reside in the Vaud commune from which they are seeking citizenship; and

3. have resided for two full years in the canton, including the year preceding the application.

2. For the purposes of this law, "reside" means being registered in the communal register of inhabitants' control as a primary residence. For the remainder, the calculation of the duration of residence, the concept of uninterrupted residence, and that of the end of residence are defined by federal law.

1. The municipality may, by regulation, impose a one-year residency requirement on its territory, regardless of whether it is in the year preceding the application or not.

1. Applicants who have entered into a registered partnership with a Swiss citizen are not subject to the cantonal and communal residency duration requirements defined in Articles 12 and 13.

1. The application for naturalization of a minor child, either individually or included in the application of one of their parents, must be submitted by the legal representative.

2. From the age of 16 years, the minor child must co-sign the application.

1. The material conditions for the granting of ordinary naturalization are defined by federal law and supplemented by the provisions below.

1. The applicant must demonstrate oral and written proficiency in French, the required level of which is determined by federal law.

2. All tests, evaluations, and procedures are conducted exclusively in French.

3. The regulation [E] implementing this law sets out the details of the linguistic framework.

1. The municipality assesses the participation in the social and cultural life of the Swiss and Vaud population.

2. The assessment of the participation in the social and cultural life of the Swiss and Vaud population and the interactions with the Swiss and Vaud population are conducted within the framework of the application of Article 31.

3. The municipality also tests the applicant's basic knowledge of the geographical, historical, political, and social characteristics of Switzerland and the Canton of Vaud.

4. The questions must cover Switzerland, the Canton of Vaud, and local life in a balanced manner.

5. The test is generally conducted in writing. The municipality may choose, through regulatory means, to conduct this test orally. Whether written or oral, the test consists of the same number of questions, and the questions must be from the official cantonal list.

6. The implementing regulation [E] of this law establishes the modalities of the test and exceptions to the written form.

1. The necessary training to acquire the required basic knowledge is provided by the Canton and the municipality for all applicants.

2. The municipality may supplement this basic training with additional modules.

3. The implementing regulation [E] of this law sets out the terms of this training.

1. The following foreign persons are presumed to be familiar with living conditions in Switzerland and to meet the language proficiency requirements

1. the applicant born in Switzerland, residing there and having resided there without interruption until the time of filing their naturalisation application;

2. the applicant aged 14 to 24, who has completed five years of compulsory schooling or has followed a secondary II level education in Switzerland, in one of the national languages, and has resided in Switzerland ever since.

2. In case of doubt, the competent authority may decide to process the application without taking these presumptions into account.

1. The total duration of the naturalization procedure from the submission of the application to the municipal decision must not exceed 18 months.

1. Applications for naturalization are processed at the communal and cantonal levels by means of an investigatory report providing the information required by law (referred to in this law as "the investigatory report").

2. A single investigatory report may be prepared per family, but it must provide information on each applicant, in accordance with federal legislation.

3. Once completed, the investigatory report serves as the decision-making basis for the competent authorities.

4. The modalities related to the investigatory report are specified in the implementing regulation [E] of this law.

1. The application for naturalization is considered validly submitted at the moment the official form, completed with all required attachments, is received by the Service.

2. The implementing regulation [E] of this law specifies the standards governing the official form.

3. The Service verifies the fulfillment of formal conditions and creates the investigation report specific to the application.

4. In the event of non-fulfillment of formal conditions, the Service grants the applicant a period of 30 days to present their arguments and evidence. After the period elapses, the Service issues a formal decision of non-admission, or, if applicable, continues processing the application if the formal conditions are deemed fulfilled.

1. The applicant who intends to submit a new application following a cantonal, communal decision of refusal, or in case of a refusal of the federal authorization, must do so with the Service. If this application is made within a period of less than one year, the applicant must justify their approach by demonstrating the fulfillment of the previously unmet conditions.

1. The Service consults the VOSTRA computerized criminal record. If any of the conditions for failure to comply with public safety and order under federal law are met, the Service issues a decision to deny naturalization.

2. For applicants aged 12 to under 18, the Service systematically queries the juvenile criminal court in the relevant location(s).

3. The implementing regulation [E] of this law specifies the procedures for consulting and using the data obtained from the VOSTRA computerized criminal record and the juvenile criminal court.

1. The Service examines the fulfillment of this integration criterion as defined by federal law. It takes into account, where applicable, personal circumstances in accordance with federal law.

2. The implementing regulation [E] of this law specifies the modalities, form, and use of data relating to this criterion.

1. The Service examines the evidence submitted in the matter. The implementing regulation [E] of this law specifies which documents are required.

2. The Service takes into account, where applicable, personal circumstances, in accordance with federal law.

1. The Service collects the documents and information necessary for establishing the civil identity of the applicant.

2. The procedure for establishing the identity of the applicant is independent of the municipal phase; if applicable, the Service will forward any changes to the concerned municipality.

1. The Service completes the sections of the investigation report pertaining to the formal conditions. It also completes the information related to the material criteria of its jurisdiction.

2. If, based on the investigation report, the Service can issue a positive preliminary opinion, it designates the competent municipality to process the continuation of this report.

3. The Service attaches to the report all personal circumstances of the applicant that it is aware of and which the municipal authority must consider, particularly during the basic knowledge test.

4. In case the material conditions are not met, the Service grants the applicant a period of 30 days to present their arguments and evidence. After this period, the Service issues a reasoned decision to reject the application or, if applicable, positively advises the designated municipality deemed competent.

1. The municipality is the competent local authority for the entire communal phase; it is involved upon receipt of the investigation report transmitted by the Service.

2. The municipality may delegate all or part of its investigatory powers to one of its members, to a committee of the municipal council or the general council, or to an inter-municipal entity as defined by the municipal law. The implementing regulation [E] of this law specifies the terms of any potential delegation of powers.

3. In the event of non-fulfillment of the municipal residency duration requirement or the actual residency requirement, the municipality grants the applicant a period of 30 days to present their arguments and evidence. After this period, the municipality issues a reasoned decision to deny the application, or, if applicable, continues the investigation if the formal conditions are met.

4. The municipality informs the applicant of the consequences of a potential relocation before the closure notice as stipulated in Article 9.

1. The municipality examines the following material conditions

1. respect for the values of the Federal and Cantonal Constitutions;

2. encouragement and support for the integration of family members;

3. participation in the social and cultural life of the Swiss and Vaudois population;

4. contacts with Swiss nationals;

5. elementary knowledge of the geographical, historical, political, and social particularities of Switzerland and the Canton of Vaud in accordance with Article 18;

6. respect for public order.

2. The investigation must cover all the material conditions set out in paragraph 1, even if one or more of them are not met.

3. For the rest, the implementing ordinance [E] of this law specifies the detailed procedures for examining these conditions.

1. The municipality completes the sections of the investigation report pertaining to material conditions within its competence. It updates any previously collected data if applicable.

2. The municipality ensures the prompt conduct of the examination of the conditions. Except in the case of a major impediment attributable to the applicant, it issues its closure opinion within a period not exceeding 12 months from the date of municipal referral.

3. The closure opinion, prepared using an official form, is sent to the applicant to inform them that the examination of the material conditions for naturalization is complete.

1. The municipality takes into account the personal circumstances of the applicant when making its decision. It verifies the fulfillment of all the conditions listed in the report, except for compliance with public safety.

2. At the conclusion of its investigation, the municipality forwards the investigation report to the Department, accompanied by its preliminary opinion. The Department has thirty days to make its determination.

3. After the deadline, in the event that any condition for naturalization is not fulfilled, the municipality grants the applicant a period of 30 days to present their arguments and evidence.

4. Within three months from the notice of closure, the municipality issues a positive preliminary opinion or a decision to refuse the application, which it notifies to the applicant and the Department. This decision takes into account the determinations of the applicant and the Department.

5. The investigation report is, in all cases, returned to the Service.

6. The implementing regulation [E] of this law sets out the modalities for communication between the municipality and the canton.

1. The Department reviews the investigation report. If there are deficiencies in it, the Department may return it to the municipality, highlighting the points that require further investigation. The Department specifies the conditions and the timeframe within which the applicant must be addressed.

2. Based on this new information, the municipality issues a new recommendation. Article 33, paragraphs 2 to 5, applies.

1. If the municipal phase concludes with a positive recommendation from the municipality validated by the Department, the Council of State issues a positive recommendation and transmits the report to the competent federal authority for obtaining the federal naturalization authorization.

2. Conversely, if the Department cannot validate the municipality's recommendation, particularly due to the non-fulfillment of one of the formal or material conditions, it grants the applicant a 30-day period to present their arguments and evidence. Once this period has elapsed, the Council of State issues a reasoned decision rejecting the application or, if possible, issues a positive recommendation and transmits the report to the competent federal authority for obtaining the federal naturalization authorization.

1. The refusal of federal authorization terminates the naturalization process.

2. The receipt of federal authorization by the Service initiates the final phase.

1. Upon receipt of the federal naturalization authorization, the Service consults the applicant's electronic criminal record in VOSTRA again.

2. The Service verifies, if applicable, the fulfillment of the criteria for participation in economic life or the acquisition of education.

3. If the applicant no longer meets the conditions for naturalization, the Service grants them a period of 30 days to present their arguments and evidence. After the deadline, the Council of State issues a reasoned decision to refuse the application or a decision for naturalization conditional upon taking the oath.

1. Once the checks under Article 37 have been carried out, the Service summons the applicant to take the oath.

2. The applicant is called upon to make the following promise before the Council of State or a delegation thereof

"You promise to be faithful to the Federal Constitution and to the Constitution of the Canton of Vaud.

You promise to uphold and defend on all occasions and with all your power the rights, liberties, and independence of your new homeland, to promote and advance its honor and profit, as well as to avoid anything that could bring it loss or damage."

3. If the applicant has not taken the oath within six months of receiving the summons, their application will be considered withdrawn.

1. As soon as all conditions are fulfilled, the Service notifies the applicant of the naturalization decision from the Council of State.

2. The latter results in the acquisition of Swiss nationality, cantonal citizenship rights, and bourgeois status.

1. An applicant who has not reached the age of 12 years at the time of the naturalization decision, or who can invoke valid reasons, is exempt from taking the oath.

1. A Swiss national of full age residing in the canton may, upon application, obtain cantonal citizenship and the burghership of the municipality of their domicile or of a municipality with which they maintain close ties, under the following conditions

1. reside in the canton for at least two years and during the procedure;

2. not have been convicted of a serious and intentional offense, not be subject to a certificate of unpaid debt, and be in compliance with their tax obligations;

3. be integrated into the Vaud community.

1. The minor child of the applicant is included in the application. Once they have reached the age of 16, they must consent in writing.

2. The consent of the legal representative is required if the applicant does not have parental authority.

1. An application for the granting of citizenship is considered validly submitted when the official form, complete with all the required annexes, is submitted to the chosen municipality.

2. The implementing regulations [E] of this law specify the standards governing the official form.

3. The municipality verifies the fulfillment of the conditions, in particular that of integration into the Vaudois community. It issues a decision granting municipal citizenship, subject to the acquisition of citizenship rights, or, where applicable, a decision to refuse the application, after having given the applicant a period of 30 days to present their arguments and evidence, and informs the Department.

4. The decision to refuse the application must, in all cases, be notified to the Confederate.

5. Based on the municipality's decision to grant, the Service issues a decision to grant or refuse citizenship rights.

1. The grant of citizenship and bourgeoisie rights for Confederates takes effect when both the municipal and cantonal authorities have made a decision.

2. The loss of citizenship rights results in the loss of bourgeoisie status.

1. For reasons of false statements or concealment of essential facts, the Council of State may cancel the right of citizenship granted to a Confederate, provided that the Confederate still possesses a Swiss right of citizenship after the cancellation.

2. Unless otherwise decided, the cancellation extends to family members who had obtained the right of citizenship based on the annulled decision.

3. Before the Council of State makes its decision, the Service grants the Confederate a period of 30 days to present arguments and evidence. The municipality of origin is consulted.

1. A Vaud citizen residing outside the canton may request to be released from their right of citizenship if they provide proof that they have acquired or are going to acquire the right of citizenship in another canton.

2. The Service is the competent authority to pronounce the release from the right of citizenship, as well as to establish the act of release.

1. The confederate who has lost the right of citizenship through marriage or who has lost it without their consent may, at any time, request to be reinstated in their former rights of citizenship and bourgeoisie by submitting an application to the Service.

1. Reinstatement shall also extend to the minor child of the applicant if the child is under the applicant's parental authority and previously held Vaud citizenship.

2. A child over the age of 16 must give written consent.

1. Facilitated naturalization and reintegration of foreigners fall within the exclusive jurisdiction of the Confederation, subject to the cantonal educational measures provided for by federal law and the cantonal notice in Article 52.

1. The Service is the competent authority within the meaning of federal law to carry out investigative measures provided for by federal law, including investigations.

2. The implementing regulation [E] of this law may provide for a delegation of authority and determine its modalities.

3. Otherwise, the procedure is governed by federal law.

1. When a foreigner has been mistakenly regarded as Swiss and is assigned to the Canton of Vaud by the federal authority, the Service determines the communal citizenship acquired by the person concerned.

2. The implementing regulation [E] of this law sets out the procedures for this determination.

1. The Service is the competent authority to give the notice provided by federal law for facilitated naturalization procedures and reintegration of foreigners.

2. The Service may waive the issuance of a notice.

1. The State Council is the competent authority, on the proposal of the Service and under the conditions of federal law, to annul ordinary naturalization.

2. In accordance with federal law, the annulment also results in the loss of Swiss nationality for children who acquired it under the annulled decision.

3. The withdrawal of identity documents is ordered in the annulment decision.

4. Before submitting to the State Council, the Service grants the interested person a period of 30 days to present their arguments and evidence.

1. The annulment of facilitated naturalization or reintegration of foreigners falls exclusively within the jurisdiction of the Confederation, subject to the cantonal investigative measures provided by federal law.

2. Article 50 applies by analogy.

1. The release from the right of citizenship related to that of Swiss nationality is governed by federal law.

2. The Service is the competent authority to pronounce the release from the right of citizenship and Swiss nationality, as well as to issue the release certificate.

3. In the case of multiple rights of citizenship, the Service automatically informs the other cantons of origin.

1. The Service is the competent authority to grant the cantonal consent for the withdrawal of Swiss nationality.

2. With regard to cantonal educational measures, Article 50 applies by analogy.

1. The acquisition and loss of Swiss nationality of a minor child of unknown parentage are governed by federal law.

2. The child acquires the citizenship of the municipality where they were found.

1. The Department rules on doubtful cases of Swiss nationality, citizenship rights, and municipal citizenship. The municipality of origin is consulted.

1. A resident of a commune in Vaud may apply for the citizenship of another commune within the canton.

2. This acquisition automatically results in the loss of any previous citizenships, unless a declaration to retain them is lodged simultaneously. Only one previous citizenship may be retained.

3. The minor child of the applicant is included in the application. Upon reaching the age of 16, the child must consent in writing.

4. The consent of the legal representative is required if the applicant does not have parental authority.

1. A citizen of the canton of Vaud who holds citizenship in more than one municipality within the canton can, upon request, be released from citizenship in one or the other of these municipalities by the competent municipal authority, provided they reside outside that municipality and retain citizenship within the canton.

2. The minor child of the applicant is included in the release. A child over the age of 16 must consent in writing.

3. The consent of the legal representative is required if the applicant does not exercise parental authority.

1. The municipality communicates to the Service the decision to grant or release citizenship.

1. The canton and the municipalities may at any time grant an honorary citizenship, or an honorary burghership, which shall, however, have none of the effects of ordinary citizenship and burghership.

1. The Grand Council may grant, by decree, the honorary citizenship to a person who has rendered significant services to Switzerland or the canton, or who has distinguished themselves by exceptional merits.

2. The honorary citizenship is personal and non-transferable.

1. The municipal or general council may confer honorary citizenship upon a person who has rendered significant services to Switzerland, the canton, or the municipality, or who has distinguished themselves with exceptional merits.

2. If it concerns a foreigner, the municipality must first obtain the consent of the State Council.

3. Honorary citizenship is personal and non-transferable.

1. The right of honorary citizenship does not confer honorary bourgeois status. Honorary bourgeois status does not confer the right of honorary citizenship.

1. The State and the municipalities may collect a chancery fee.

2. The fee remains due even in the event of withdrawal, refusal, or expiration of the application.

3. The implementing regulation [E] of this law sets the amounts and the methods of collection. It may provide for other fees for additional services by the authorities in the context of acquiring or losing the right of citizenship or bourgeois status.

1. Decisions made under this law by cantonal and communal authorities are subject to appeal before the Cantonal Court. The right to appeal is an exception to Article 92, paragraph 2 of the Vaud Administrative Procedure Act [F], concerning decisions of the Council of State.

1. The acquisition and loss of the right of citizenship and the bourgeoisie are governed by the law in force at the time the determining event occurred.

1. Applications for naturalization submitted before January 1, 2018, shall be processed in accordance with the provisions of the former law until the final decision on the admission or the refusal of the application is rendered.

2. An application is considered validly submitted within the meaning of paragraph 1 if it is presented using the complete official form and accompanied by all required annexes no later than the last working day prior to January 1, 2018. The competent municipal authority certifies the date of such submission and the completeness of the submitted file.

3. The implementing regulation [E] of this law may provide that certain procedures or delegations provided for in Articles 30, paragraph 2, and 31, paragraph 3, of this law apply by favor of the new law even for applications submitted before January 1, 2018.

1. The Law of September 28, 2004, on the right of citizenship in Vaud is repealed.

1. The Council of State is responsible for the execution of this law. It shall publish the text in accordance with Article 84, paragraph 1, letter a of the Cantonal Constitution and shall, by means of an order, set the date of its entry into force.