implementing the Federal Act on Foreign Nationals and Integration in the Canton of Vaud (LVLEI) - Object and Purpose [ 4 ] (LVLEI)

1. This law sets out the provisions for the application within the cantonal territory of the federal legislation on foreigners [A], as well as the Penal Code [D] and the Military Penal Code [E] in the context of the implementation of Article 121, paragraphs 3 to 6 of the Federal Constitution [F].

2. Any reference to person, status, or function in this law shall apply equally to a man or a woman.

1. The department responsible for foreigner police matters (hereinafter referred to as: the department) [G] exercises all functions related to the foreigner police that are not assigned to the federal authority or that this law does not allocate to another authority.

1. The cantonal service responsible for aliens' police and asylum matters (hereinafter: the [G] service) has, subject to Article 5, notably the following powers

1. to grant, and if necessary extend, short-term permits, cross-border permits, residence permits, settlement permits (Art. 40, para. 1 LEIA) or to regulate stay pending a decision (Art. 17, para. 2 LEIA);

2. to issue refusals of the aforementioned permits or their extension, as well as their revocation (Art. 32 to 35, 61a and 62 LEIA);

2bis. to issue decisions on removal from Switzerland (Art. 64 LEIA);

2ter. to issue decisions on removal from the canton (Art. 37 LEIA);

3. to implement removal decisions (Art. 69 LEIA);

3bis. to order, implement, and lift retention measures (Art. 73 LEIA), assignment of a place of residence (Art. 74 LEIA), and administrative detention (Art. 75 to 80a LEIA);

3ter. to implement judicial expulsion decisions (Art. 66a, 66a bis and 66b SCC, 49a, 49a bis and 49b SMCC), including ruling on their postponement (Art. 66d SCC and 49c SMCC);

4. to examine, prior to the execution of removal, its enforceability (Art. 83 LEIA and Art. 46, para. 2 AsyA).

1. In the execution of the tasks provided for in Article 3, the service may request the assistance of the cantonal police (hereinafter: the police).

2. The latter remains in control of the means it employs in accordance with the law on the use of force and police measures in areas falling under the jurisdiction of the Confederation (LUsC).

1. For foreigners who have not been subject to any criminal conviction, aside from their residency status, the competent authorities prioritize voluntary departures. Coercive measures should only be ordered as a last resort.

2. The situation of vulnerable persons is taken into account within the framework of removal procedures.

1. The service may delegate tasks related to foreigner police matters to the municipal offices for resident control.

1. The head of the department is authorized to revoke the establishment permit and, in such cases, to order expulsion from Switzerland (Art. 63 and 64 FNA), or propose provisional admission (Art. 83 FNA).

1. Any person who accommodates a foreigner for profit must declare it to the communal resident control office, in accordance with the procedures prescribed in the law of May 9, 1983, on resident control [I].

1. The department maintains a list of recognized private schools within the cantonal territory as defined by Article 24, paragraph 1 OASA.

2. Upon prior opinion from the department responsible for the targeted educational level, the department recognizes these schools provided that the following conditions are met

1. instruction provided in appropriate premises by qualified teachers and according to a published curriculum defining its main characteristics and, where applicable, the type of diploma awarded;

2. affiliation with mandatory social security institutions;

3. existence of operating regulations meeting the criteria set out in paragraph 3.

3. The conditions mentioned in paragraph 2, as well as their evaluation procedures, are specified in common directives from the department and the department responsible for education [G], which may delegate this competence to one of their services.

1. Upon request by the service, the police detain the foreign national who does not possess a valid short-term permit, residence permit, or establishment permit and who fulfills the conditions for detention as per federal legislation (Art. 73 LEI).

2. The service specifies in its request the probable duration and reasons for detention, as well as the possibility for the foreign national to request, by a simple application, a subsequent judicial review of the measure.

3. A copy of the request is provided to the foreign national concerned at the time of their apprehension. If necessary, it is translated for them into a language they understand.

4. The detention must take place in suitable facilities. The foreign national must be able to contact the persons responsible for their supervision at any time if they need assistance.

5. The service immediately takes the necessary measures to inform the legal representative and the appointed agent in the asylum or foreign police procedure, or the person designated by the individual concerned, of their arrest.

1. The concerned person must have the opportunity to settle or have their urgent personal matters settled in advance, regardless of the probable duration of the detention.

1. The service has the following powers, among others

1. designate the place of detention;

2. order the end of detention when the conditions are no longer met.

1. The Coercive Measures Court (hereinafter: the Court) is competent to examine the legality and appropriateness of the detention.

2. It rules based on a substantiated application and the submitted documents, after having heard the person concerned. At their request or at the Court's request, the service may also be heard.

3. A summary record of the proceedings and decisions is drawn up. The hearings are summarized in what is useful to retain.

4. Decisions are notified in writing and mention the authority, the forms, and the time limit for appeal. At the end of the hearing, the content of the decision is communicated orally to the person concerned in a language they understand.

1. Articles 24 and 25 are applicable.

1. The authority is competent to order or lift an assignment to a place of residence (Art. 74 FNA).

1bis. The police are competent to order or lift a ban on entering a specific area (Art. 74 FNA).

2. ...

1. The competent authority to order the assignment of a place of residence or the prohibition of entry into a specific region may issue special permits allowing the foreigner concerned to enter the restricted area or leave the assigned location, particularly for administrative procedures or medical reasons.

1. The service is competent to order detention in accordance with Articles 75 to 80a LEI, and to lift detention when the conditions are no longer met.

1bis. Upon the service's requisition, the police detain the foreign national and personally notify them of the detention order. If necessary, the order is orally translated into a language the foreign national understands.

2. ...

3. The person being questioned is given the opportunity to contact their legal representative or a person of their choice.

3. The detention order must state in particular

1. the grounds, duration and place of detention;

2. the existence of judicial review within the time limits provided for in Article 16a;

3. the possibility of being assisted by counsel when appearing before the Tribunal;

4. the right to request release in accordance with Article 18, paragraphs 1 or 2a.

4. The service shall immediately transmit the detention order to the Tribunal for review of the legality and appropriateness of the detention (Art. 80, para. 2 LEI).

5. It shall inform the legal representative and the counsel designated by the person concerned of their detention without delay.

1. The Court rules on the legality and appropriateness of the detention or its continuation within a period of 72 hours. This period is extended to 96 hours when it concerns a person detained under the authority of another canton.

2. Upon request of the detained person within the framework of the Dublin procedure, the Court rules on the legality and appropriateness of the detention in accordance with Article 80a, paragraph 3 of the Foreign Nationals and Integration Act (LEI).

3. Upon the service's request, the Court also rules on the extension of the detention pursuant to Article 79, paragraph 2 LEI.

4. In the case of oral proceedings, the Court calls upon an interpreter when the concerned person does not understand French or is unable to express themselves adequately in this language.

5. The Court's decisions are notified in writing to the concerned person, their counsel, as well as the relevant service.

1. The detained person may request their release from the Court at any time after the first month of detention, in accordance with Article 80, paragraph 5 of the LEI.

2. …

2bis. The person detained under the Dublin procedure may request their release from the Court at any time, in accordance with Article 80a, paragraph 4 of the LEI.

3. The Court and the Cantonal Court may order the release on their own initiative.

1. The Cantonal Court exercises high supervision over the conditions of detention and the existence of the reasons justifying it.

2. To this end, the service sends it a detailed report every two months, starting from the pronouncement of the measure.

1. The person subject to a detention order may be assisted by counsel.

2. They may request the Court, which makes a decision, to appoint counsel.

3. If the detention lasts more than thirty days or when the needs for assistance require, the Court appoints counsel to a person who has not chosen one.

4. ...

1. When the detained person is indigent, the court-appointed counsel shall receive compensation charged to the State's treasury; the provisions regarding the remuneration of court-appointed defense attorneys in criminal matters are applicable.

2. When the detained person is not indigent, the court-appointed counsel has the right to claim compensation equivalent to standard legal fees.

3. The amount of this compensation is determined by the Court, with the possibility of an appeal against its decision to the Cantonal Court.

1. When detention occurs in a concordat-based facility, the regime and modalities of detention ordered pursuant to federal legislation are governed by the Concordat of July 4, 1996, on the execution of administrative detention for foreigners, the implementing regulations of this concordat, and the regulations of the relevant concordat facility.

2. When detention occurs in a non-concordat facility, the provisions of the Concordat of July 4, 1996, on the execution of administrative detention for foreigners and the implementing regulations of this concordat apply by analogy, as long as the security and organizational requirements of that facility allow.

3. The same applies when, due to exceptional security reasons, detention must take place in a penal detention facility.

4. Article 81 of the LEI applies to the conditions of detention.

1. Any claim regarding detention must be submitted to the Cantonal Court.

1. Every arrest must be carried out with respect for dignity.

2. Arrest is prohibited on service premises when a foreign national goes there to respond to a summons or to receive an emergency service. No one may be arrested during the two hours preceding and following a summons.

3. The second paragraph does not apply to

1. foreign nationals who have been criminally convicted;

2. foreign nationals who have crossed the border despite an entry ban into Switzerland duly notified to the person concerned.

1. In principle, mothers accompanied by their minor children under the age of 15 are not detained and instead benefit from the regime provided for in Article 13, paragraph 1.

1. Decisions made by the service and by the police pursuant to Article 13, as well as decisions pronounced by the Court under this chapter, may be appealed to the Cantonal Court.

2. The appeal must be submitted to the Cantonal Court within ten days of the notification of the contested decision. The appeal document must be signed and contain a summary of the reasons.

3. …

1. The Cantonal Court reviews the decision of the first instance freely.

2. It establishes the facts ex officio and can order all the investigative measures it deems useful for this purpose.

3. The appeal is communicated to the service, which may respond within a period of seven days.

4. The Cantonal Court renders its decision without delay. It may grant suspensive effect to the appeal, except for measures assigning a place of residence and prohibiting entry into a specified region.

5. There are no recesses.

6. Otherwise, the law on administrative procedure (LPA-VD) [K] is applicable.

1. Upon request by the service, the Tribunal may order the search of an apartment or other premises in cases provided for by federal legislation (Art. 70 LEI).

2. The Tribunal shall request the police to carry out the search.

3. Searches may not be executed

1. between 8 p.m. and 6 a.m.;

2. on Sundays;

3. on official public holidays.

4. If the time constraints of a return so require, derogation from paragraph 3 may be made.

1. At the request of the service, the police conduct a search of the foreign national or their property in cases provided for by federal legislation (Art. 70 FNA and Art. 9 Asylum Act).

2. The body search must be carried out by a person of the same gender.

3. The search conducted during a raid is subject to the procedure set out in Article 32. The search of property must be conducted in the presence of the individual concerned or a third party.

1. Any claim regarding a search or seizure must be addressed to the Cantonal Court.

1. Decisions rendered in accordance with Article 3, paragraph 1, number 2, as well as decisions for referral from the canton provided for in Article 3, paragraph 1, number 2ter, may be subject to opposition to the service.

2. Articles 66 and following of the law on administrative procedure (LPA-VD) are applicable.

1. The service may process or have processed the personal data necessary for the fulfillment of its duties regarding immigration and asylum control, including sensitive data and personality profiles. To this end, it operates an electronic file management system.

2. It may process biometric data for identification purposes. The collection of these data may be delegated to the police services.

1. …

2. The police, judicial, and penitentiary authorities, as well as the criminal investigation authorities, shall spontaneously communicate to the service any initiation or suspension of criminal proceedings, arrest, incarceration, and release, as well as criminal judgments, that pertain to foreigners. Access to data managed by the penitentiary service may be granted to the service through an appeal procedure.

3. The civil judicial authorities, the office of guardianship and professional trusteeship, civil status offices, authorities responsible for granting social assistance benefits, authorities responsible for implementing unemployment insurance, and authorities responsible for determining and granting supplementary benefits shall spontaneously communicate the necessary data to the service.

1. The service communicates to the federal authorities responsible for foreign nationals and asylum police the information necessary for the performance of their legal duties.

2. It communicates to the cantonal service responsible for labor market control the information necessary for its preliminary decision on requests for foreign labor.

2bis. It communicates to the judicial authorities the information necessary for the performance of their legal duties.

3. It transmits to the other cantonal and municipal authorities responsible for the implementation of this law the information necessary for the performance of their legal duties.

4. ...

5. The service collaborates with the assistance authorities in determining the right to social assistance or emergency aid for a foreign national.

1. The Council of State regulates the modalities of online access to the data of the electronic case management system by the authorities that need it in the performance of their legal duties.

1. The service is not required to inform the individuals concerned of the communication and processing of the data referred to in Article 36.

1. The Council of State regulates the distribution between the canton and the communes of the fees collected in accordance with the regulation setting the fees in matters of foreigner and asylum policing [L].

2. It communicates the necessary information to the cantonal service responsible for labor market control for its preliminary decision on requests for foreign labor.

1. When a violation of the LEI comes to their attention, the syndic and the employees of the communal offices for resident control are required to report it to the Public Prosecutor's Office in accordance with Article 77 of the Municipal Law [M].

1. The Council of State is authorized to regulate the submission of legitimation documents.

1. The Council of State shall conduct an evaluation of the effects of Article 34a within three years of its entry into force. This evaluation shall be the subject of a report to the Grand Council.

1. The Law of August 29, 1934, applicable in the Canton of Vaud concerning the Federal Law of March 26, 1931, on the Residence and Establishment of Foreigners is repealed upon the entry into force of the present law.

1. This law shall enter into force on January 1, 2008.

2. 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 enforce it by means of an order, in accordance with paragraph 1 above.