Implementing Regulations for the Act of 19 décembre 2017 on Vaud Citizenship (RLDCV) - Object (RLDCV)

1. The purpose of this regulation is to specify the provisions outlined by the law of December 19, 2017, on the Vaudois right of citizenship [C] (referred to in this regulation as "LDCV") and to establish the terms of its implementation.

1. The naturalization sector of the cantonal service [D] responsible for the right of citizenship (hereinafter referred to in this regulation as "the Sector" and "the Service") is the competent cantonal authority to conduct procedures arising from the LDCV [C].

2. The department responsible for the right of citizenship (referred to in this regulation as "the Department") [E] delegates its competencies arising from the LDCV to the Service, respectively to the head of the Sector.

3. The Service may issue directives to implement or clarify this regulation.

1. The [D] Service communicates to the Council of State, within the framework of ordinary naturalization, the decision to grant citizenship rights to the federal authority for the purpose of obtaining federal authorization.

2. It communicates the decision to grant citizenship rights and municipal rights to a Confederal citizen to the civil registry of Vaud.

3. It communicates the decision of naturalization to the civil registry of Vaud, the Civil and Military Security Service of the Canton of Vaud, the Federal Statistical Service, and the relevant municipality.

4. These communications can be made by postal mail or electronically.

1. Service [D] and the communal authorities competent for collecting and processing sensitive data and personality profiles, including biographies, ensure the usefulness of the approach in the context of fulfilling their tasks.

2. The categories of non-sensitive personal data processed are

a. names, first names, date of birth, place of birth, marital status, nationalities;

b. ascending and descending filiations;

c. domicile history for the last ten years and throughout the naturalization procedure;

d. postal addresses and contact details (email, phone);

e. date of arrival in the canton of Vaud;

f. type of authorization under foreigners' law, Symic number, and migration journey;

g. duration of stay in Switzerland;

h. respect for constitutional values;

i. language skills;

j. participation in economic life or acquisition of training;

k. profession, employer, acquired or ongoing training;

l. encouragement and support for family members' integration;

m. social and cultural activities;

n. social relations;

o. biography.

3. Access rights are reserved for authorities and persons competent under LDCV [C].

4. Data is processed via an information system of the Service. Only authorized persons within the Service have access to it.

5. The consultation of information relating to data concerning the applicant's criminal and social assistance situation must be brought to the applicant's attention by the consulting authority.

6. No copy of the investigation report may be retained by the municipality when it returns it to the Service.

1. The Service [D] establishes the official forms, including the application for naturalization, the investigation report, the municipal notice, and the closure notice in French.

2. The applicant provides, upon request from the Sector, the documents or evidence demonstrating their proficiency in French.

3. The supervisory authority ensures that the level of French used by the municipal authorities in the procedure, particularly during tests, evaluations, hearings, and the drafting of administrative documents, does not exceed legal language requirements.

1. In principle, the basic knowledge test is conducted in written form.

2. The Service [D] may, within the framework of applying Article 29, paragraph 3, LDCV [C], require an oral form. The oral form is notably required when the applicant is capable of taking a test but the written form would be unsuitable, or when the applicant has taken the written test three times without achieving the percentage of correct answers set forth in Article 8 of this regulation.

3. When the oral test is required, the municipality or the delegated authority as defined in Article 19, paragraph 1, assesses the applicant's basic knowledge during the hearing. This evaluation takes the form of an interview complying with the procedures of Article 7 of this regulation.

4. Applicants who have completed their compulsory schooling in Switzerland are exempt from the basic knowledge test, subject to Article 20, paragraph 2, LDCV.

5. If, during the procedure, it appears that the applicant is in one of the exemption cases of Article 9 OLN [B] that would prevent them from undergoing the basic knowledge test, the municipality exempts them with the prior agreement of the Service.

1. The supervisory authority provides the municipalities with the official list of questions for the basic knowledge test applicable to the Swiss and cantonal levels.

2. Each Vaud municipality prepares its official list of questions and answers related to the local level, ensuring compliance with the language level required by Article 17 LDCV [C]. The municipal authority submits this official list of questions to the supervisory authority for validation.

3. The supervisory authority ensures that the principle of equal treatment is respected among the Vaud municipalities when selecting test questions from the official cantonal and municipal lists.

4. The basic knowledge test is conducted in the form of a multiple-choice questionnaire.

5. The oral test consists of the oral repetition of the written test to the applicant, with responses immediately recorded in a report, which will be signed by both the applicant and the municipal authority regardless of the test result.

6. In each level, the questions of the basic knowledge test are equally distributed into four categories: geographical, historical, political, and social specificities.

7. The procedures for conducting the basic knowledge test are regulated by the supervisory authority through directives.

1. Starting from 70% correct answers on the basic knowledge test, the municipality records the obtained result in the investigation report. If the result is below 70%, the municipality invites the applicant to retake the basic knowledge test.

2. The applicant has the possibility to take the basic knowledge test multiple times in an attempt to improve their result, but no more than three times. The best result is recorded in the investigation report.

3. In case of an exemption from the basic knowledge test, the cantonal authority or the municipality records this exemption and its reasons in the investigation report.

4. The written test or the minutes of the oral test, including the questions/answers posed and the applicant's responses, must be included as an annex to the investigation report.

5. If, despite three summonses, the applicant still does not appear for the test, the municipality notes and records in the investigation report that the condition regarding basic knowledge is not met and continues the procedure in accordance with Article 31, paragraph 2 LDCV [C].

1. The municipal and cantonal authorities ensure that the applicant is aware of the preparatory resources made available to them for the basic knowledge test.

2. The Service [D], or the municipalities, guarantee the availability of appropriate tools for acquiring basic knowledge on the Swiss, cantonal, and local levels, by providing the applicant with accessible information free of charge, at least in paper format.

3. This information includes the official cantonal list, or the official municipal list, from which the questions for the basic knowledge test will be drawn. It enables the applicant who uses these tools to acquire the necessary knowledge to prepare for the basic knowledge test.

4. Furthermore, the Service may mandate certain associations to offer courses related to preparation for the basic knowledge test.

1. Within ten days of being seized, the municipality shall inform the applicant of the initiation of the procedure at the communal level and shall inform them of the educational resources made available by the canton and the municipality.

2. Within six months from being seized, the municipality must administer the basic knowledge test to the applicant, who must be summoned at least three months in advance for the first time.

1. The investigation report template is the same for all municipalities. It is transmitted, tracked, and managed directly by the Service [D].

2. The investigation report contains no other identifying data about the applicant than the name, first name, date of birth, marital status, and nationality. (art. 17 OLN [B])

3. It contains only information deemed useful for analyzing compliance with the naturalization conditions, in accordance with data protection standards.

4. It is completed progressively as the file advances by the various competent authorities.

5. If the naturalization application includes several members of the same family, the report provides information on each of the applicants.

6. The investigation report is tied to the procedure it accompanies. In the case of a new application, a new investigation report must be prepared.

1. The investigation report is completed by the Service [D], the municipality, and the State Secretariat for Migration.

1. The investigation report must be prepared in all cases, and all its fields must be completed.

2. The content of the investigation report is specified by Service [D] through directives.

1. The official form used for submitting the application for naturalization is established by the Service [D], which provides it free of charge to the municipalities.

2. It is made available to the applicant by the municipality in paper format or by the Service in electronic format. The municipality is the competent authority for providing the necessary information for naturalization and guiding the applicant.

1. The official form includes the following sections

a. information regarding the applicant's civil identity, namely name, first name, date of birth, marital status, and nationality, as well as the identity of their spouse and children, if applicable;

b. information regarding the place of residence and the (socio-professional) situation of the spouse and children, if applicable;

c. applicant's curriculum vitae: places of residence, educational background, training, and profession;

d. notice concerning the consultation and use by the competent cantonal authority of information from the Vostra computerized criminal record and juvenile criminal jurisdiction;

e. notice concerning the consultation and use by the competent cantonal authority of information related to social assistance;

f. notice concerning obligations arising from the duty to cooperate and the consequences in case of non-compliance.

2. The form also includes, as appendices, the supporting documents requested from the applicant.

1. The Sector consults the VOSTRA computerized criminal record to validate or invalidate compliance with the criteria of public safety and order in the investigation report. It also consults this record upon receipt of federal authorization and, if necessary, at any time during the procedure.

2. Likewise, it is the competent authority to consult the juvenile criminal jurisdiction of the canton and, if necessary, those of other cantons, as well as to complete the report in the same manner as for adults.

3. For minors, a certificate from the juvenile criminal jurisdiction is systematically requested to gather information covering the period from 12 to 17 years of age.

4. The Sector is also the competent authority to obtain information from the Cantonal Police on any possible police interventions.

5. If the applicant refuses to authorize the Sector to consult the Vostra computerized criminal record or the competent juvenile criminal jurisdictions, the naturalization application will not be considered.

6. In the event of ongoing criminal proceedings against the applicant, the Sector suspends the naturalization procedure until the definitive closure of the procedure by the criminal justice system.

7. The data thus collected is reserved for internal use by the Service.

1. The Sector consults the database of the competent authority for social assistance allocation to verify that the applicant has not received social assistance in the three years preceding the submission of the application and throughout the duration of the procedure.

2. In the case of residence in another canton in the three years preceding the submission of the application, the Sector directly consults the social services of the canton(s) concerned.

3. If the applicant refuses to authorize the Sector to consult the database or the concerned authority, they are required to personally provide certificates from the competent social services for the three years preceding the submission of their application and at any time during their procedure.

4. The applicant collaborates in the official application of Article 12, paragraph 2 LN [A] by the Sector by providing all necessary documents for the analysis of their personal circumstances.

5. The Sector reserves the right to request this information themselves, conduct verifications, or ask for additional information from the concerned administrations, whether within the canton or from other cantons.

6. The data collected within the framework of the application of this article is retained for the internal use of the Service. Only information relating to the fulfillment of the condition of participation in economic life is transcribed in the inquiry report.

7. The applicant, in the process of acquiring training, provides the Sector, spontaneously or upon request, with documents proving this status. Only information related to the fulfillment of the condition of acquiring training is transcribed in the inquiry report.

1. The applicant must provide a certificate regarding their French language proficiency in accordance with the requirements set by federal law, except in the cases provided for in Articles 6 and 9 OLN [B].

2. The form and validity period of the certificates are regulated by federal law.

3. The Service requires documents justifying the application of Articles 6 and 9 OLN.

1. When the municipality chooses to delegate certain tasks to one of the entities designated in Article 30, Paragraph 2, LDCV [C] (referred to in this regulation as "delegated authority"), it must do so through a municipal decision valid for the legislative term or until a new municipal decision is made.

2. This delegation concerns the instruction of all or part of the material conditions listed in Article 31, Paragraph 1, LDCV.

3. In the case of delegation to one of its members, the municipality decides on the competencies of that member and the framework of the instruction.

4. In the case of delegation to a committee formed from the communal or general council, the municipality appoints the committee, decides on its competencies, and its mode of operation.

5. Delegation to an intercommunal police body may only concern the drafting of the investigation report.

1. The municipality may delegate all or part of the collection of information and the drafting of the investigation report. This delegation may be made exclusively to one or more of the following entities (referred to in these regulations as "investigating authorities")

a. municipal police;

b. sworn public safety assistants (ASP);

c. sworn communal employees or communal administration;

d. intermunicipal police force.

2. The delegations referred to in paragraph 1 of this article are decided at the beginning of the legislative term and are, in principle, not modifiable before the next legislative term.

3. The municipality or the investigating authority summons each applicant for an interview aimed at collecting information relevant to the investigation report. Minors must be accompanied by a legal representative.

4. At the latest at the time of the summons, the applicant is informed about the purpose and the procedure of the interview, as well as the supporting documents they must produce beforehand.

5. Once its information collection is completed, the municipality or the investigating authority records the information in the investigation report, attaches the supporting documents as an appendix, signs and dates the document, then transmits it for review according to Article 21 of these regulations.

1. Within the month following receipt of the investigation report, the municipality or the delegated authority shall examine the conditions of Article 31 LDCV by choosing one of the following options

a. by basing its decision solely on the full investigation report prepared by the investigating authority in accordance with Article 20, which it may, however, supplement in case of doubt through an optional hearing, or

b. by basing its decision on the investigation report partially prepared by the investigating authority in accordance with Article 20, which it must then supplement through a mandatory hearing.

2. In the event of a hearing, minutes must mandatorily be drawn up and appended to the investigation report.

3. The municipality or the delegated authority shall issue the closing notice immediately after the hearing or, in the case of paragraph 1 letter a of this article, immediately after its decision to waive the hearing.

1. The [D] Service establishes and provides the municipality with the form of the notice of closure.

2. The notice of closure contains no information regarding the content of the future municipal decision.

1. If authority has been delegated, it shall render its advisory opinion to the municipality within one month from the notice of closure.

2. The municipality is not bound by the advisory opinion of the delegated authority.

1. The municipality must submit the complete and current investigation report along with its reasoned notice to the Department [D].

2. If no news is received from the Department within thirty days, the municipality assumes that its decision proposal is validated and that the investigation report is complete.

3. If the Department identifies deficiencies in the investigation report, it returns it to the municipality with instructions to complete it.

1. Upon receiving the position statement from the [D] Service as outlined in Article 24, the municipality issues a reasoned decision of refusal of citizenship or a positive recommendation of grant, which it attaches to the investigation report before it is forwarded to the Service.

2. In the event of a refusal decision, the municipality waits for the decision to become final before returning the investigation report to the Service.

1. The Service [D] notifies the applicant of the positive opinion of the Council of State and informs them of the upcoming steps.

2. The Service reminds the applicant that it is their responsibility to report any changes in their situation until they take the oath.

3. The Service reminds the applicant that the conditions for naturalization must be adhered to until the cantonal naturalization decision comes into force, and reserves the right to conduct any necessary checks related to the naturalization application.

1. The Department [D] reserves the right to verify the fulfillment of other formal and material conditions for naturalization before summoning the applicant to take the oath of allegiance.

2. The Department reminds the applicant that the summons to take the oath of allegiance triggers a peremptory period for taking the oath.

3. To be granted an exemption, the applicant must submit a substantiated request to the Department. If the applicant is a minor, this request must also be validated by the legal representative.

1. The applicant provides an extract from their public criminal record to attest that they have not been convicted of a serious and intentional offense.

1. Service [D] provides the municipality with the official application form for the acquisition of citizenship rights, which comprises the following sections

a. information on the applicant's civil identity, i.e., surname, first name, date of birth, marital status, and place of origin, as well as information on the identity of their children;

b. information on profession and employer;

c. information on any prosecutions and certificates of unpaid debts;

d. information on the tax situation;

e. motivation for acquiring citizenship rights;

f. reference persons;

g. declaration concerning pending criminal proceedings;

h. declaration concerning the obligation to tell the truth, to be signed.

2. The official form also includes, as annexes, the supporting documents requested from the applicant.

1. In order to facilitate proximity checks, the [D] Service may delegate investigative measures to the municipal police, sworn public safety assistants (ASP), inter-municipal police bodies, or a sworn member of the municipality.

1. The Service [D] grants, at the choice of the interested party, either the citizenship of the municipality which they had previously acquired by mistake or the citizenship of their current municipality of residence. In the absence of a choice by the interested party, the citizenship granted will be the one they had previously acquired by mistake.

1. The [D] Service levies the following fees

a. for an individual naturalisation application CHF 450.-

b. for a family naturalisation application CHF 550.-

c. for an individual Cantonal Citizen application CHF 200.- to 400.-

d. for a family Cantonal Citizen application CHF 300.- to 500.-

e. for a decision not to enter into proceedings (new) CHF 200.-

f. certificate CHF 25.- to 50.-

g. for a declaration of right CHF 105.- to 635.-

2. The Service also levies fees resulting from federal legislation.

3. The municipality levies the following fees

for an individual naturalisation application CHF 100.- to 400.-

for a family naturalisation application CHF 200.- to 500.-

for a Cantonal Citizen application CHF 100.- to 200.-

1. The municipality may decide to delegate to an ad hoc committee formed from the communal or general council the task of hearing applicants who submitted a request before January 1, 2018. The municipality shall inform Service [D] thereof.

2. This committee shall be dissolved upon the completion of processing requests submitted before January 1, 2018, but no later than December 31, 2020.

3. This committee shall submit a written and reasoned opinion to the municipality.

1. Article 3 letter B numbers 25 to 33 of the regulation of January 8, 2001, setting the fees in administrative matters (RE-Adm) is repealed.

2. Article 1 paragraph 1 number II of the ordinance of March 12, 1993, setting the administrative fees of the municipalities (AE-AC) is repealed.

1. The Department of Economy, Innovation, and Sport is responsible for the implementation of this regulation, which comes into effect on January 1, 2018.